FEDERAL REGISTER
Vol. 84 Wednesday, No. 238 December 11, 2019
Pages 67657–67826
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 84, No. 238
Wednesday, December 11, 2019
Agriculture Department Meetings: See Rural Business-Cooperative Service Environmental Management Site-Specific Advisory Board, Hanford, 67736 Antitrust Division Environmental Management Site-Specific Advisory NOTICES Board, Idaho Cleanup Project, 67735–67736 Changes under the National Cooperative Research and Production Act: Environmental Protection Agency National Armaments Consortium, 67754–67755 NOTICES Naval Aviation Systems Consortium, 67755–67758 Pesticide Product Registration: Applications for New Uses, 67740–67742 Bureau of Consumer Financial Protection NOTICES Equal Employment Opportunity Commission Supervisory Highlights Consumer Reporting Special PROPOSED RULES Edition, Issue 20 (Fall 2019), 67725–67732 Official Time in Federal Sector Cases before the Commerce Department Commission, 67683–67685 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Commodity Futures Trading Commission Extension of the Prohibition Against Certain Flights: NOTICES Specified Areas of the Sanaa Flight Information Region Agency Information Collection Activities; Proposals, (OYSC), 67659–67665 Submissions, and Approvals: Territory and Airspace of Somalia, 67665–67671 Privacy of Consumer Financial Information, 67724 Federal Energy Regulatory Commission Corporation for National and Community Service NOTICES NOTICES Combined Filings, 67737–67738, 67740 Agency Information Collection Activities; Proposals, Environmental Assessments; Availability, etc.: Submissions, and Approvals: ANR Pipeline Co.; Grand Chenier XPress Project, 67738– Generic Clearance for the Collection of Qualitative 67740 Feedback on Agency Service Delivery, 67732 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Defense Department Crooked Run Solar, LLC, 67737 See Navy Department NOTICES Federal Maritime Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 67732–67734 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 67742–67743 National Security Education Board, 67734–67735 Agreements Filed, 67743 Uniform Formulary Beneficiary Advisory Panel, 67734 Complaint: VerTerra Ltd. v. D.B. Group America Ltd. and D.B. Group Education Department India Ltd., 67743 PROPOSED RULES Federal Perkins Loan Program, Federal Work-Study Federal Railroad Administration Programs, Federal Supplemental Educational NOTICES Opportunity Grant Program, etc., 67778–67826 Petition for Waiver of Compliance, 67766 Employment and Training Administration PROPOSED RULES Food and Drug Administration Trade Adjustment Assistance for Workers, 67681 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Reporting Associated With Designated New Animal Benefits Timeliness and Quality Review System, 67758– Drugs for Minor Use and Minor Species, 67745– 67759 67746 Petition for Classifying Labor Surplus Areas, 67759– Determination of Regulatory Review Period for Purposes of 67760 Patent Extension: VABOMERE, 67746–67747 Energy Department See Federal Energy Regulatory Commission Foreign Assets Control Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Blocking or Unblocking of Persons and Properties, 67772– Submissions, and Approvals, 67736–67737 67775
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Government Ethics Office National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Magnuson-Stevens Act Provisions; Fisheries Off West Coast Submissions, and Approvals: States: Modified Qualified Trust Model Certificates and Model Pacific Coast Groundfish Fishery; Seabird Bycatch Trust Documents, 67743–67745 Avoidance Measures, 67674–67680 Snapper-Grouper Fishery of the South Atlantic: Health and Human Services Department 2019 Recreational Accountability Measure and Closure See Food and Drug Administration for the South Atlantic Deep-water Complex, 67674 See National Institutes of Health NOTICES Application: Homeland Security Department Endangered Species; File Nos. 22671–01, 23096, and See Transportation Security Administration 23200, 67720 See U.S. Customs and Border Protection Fee Rate Adjustment: Fishing Capacity Reduction Program for the Longline Interior Department Catcher Processor Subsector of the Bering Sea and See Ocean Energy Management Bureau Aleutian Islands Non Pollock Groundfish Fishery, 67719 International Trade Administration Fishing Capacity Reduction Program for the Pacific Coast NOTICES Groundfish Fishery, 67723 Antidumping or Countervailing Duty Investigations, Orders, Magnuson-Stevens Act Provisions; Fisheries Off West Coast or Reviews: States: Initiation of Administrative Reviews, 67712–67718 Pacific Coast Groundfish Fishery; Trawl Rationalization Sugar from Mexico, 67711–67712, 67718–67719 Program; 2020 Cost Recovery, 67720–67722 International Trade Commission Permits: NOTICES Marine Mammals and Endangered Species, 67722–67723 Meetings; Sunshine Act, 67754 National Science Foundation Justice Department NOTICES See Antitrust Division Meetings; Sunshine Act, 67761 NOTICES Proposed Consent Decree: Clean Air Act, 67758 Navy Department NOTICES Labor Department Agency Information Collection Activities; Proposals, See Employment and Training Administration Submissions, and Approvals, 67735 See Wage and Hour Division PROPOSED RULES Nuclear Regulatory Commission Trade Adjustment Assistance for Workers, 67681 RULES NOTICES Miscellaneous Corrections; Correction, 67659 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Construction Compliance Check Letters, 67760–67761 Ocean Energy Management Bureau NOTICES National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Petitions for Decision of Inconsequential Noncompliance: Project Planning for the Use of Outer Continental Shelf Mack Trucks, Inc., and Volvo Trucks North America, Sand, Gravel, and Shell Resources in Construction 67766–67768 Projects that Qualify for Negotiated Noncompetitive Agreement, 67753–67754 National Institutes of Health NOTICES Pipeline and Hazardous Materials Safety Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOTICES Autism Spectrum Disorder Research Portfolio Analysis, Hazardous Materials: NIMH; Correction, 67747–67748 Applications for Modifications to Special Permits, 67769– Meetings: 67770 National Heart, Lung, and Blood Institute, 67748–67749 Applications for New Special Permits, 67770–67771 National Institute of Allergy and Infectious Diseases, Issuance of Special Permit Regarding Liquefied Natural 67748 Gas, 67768–67769 National Institute on Aging, 67748 Special Permit Applications, 67771–67772
National Labor Relations Board Postal Regulatory Commission PROPOSED RULES PROPOSED RULES Representation—Case Procedures: System for Regulating Market Dominant Rates and Election Bars; Proof of Majority Support in Construction Classifications, 67685–67702 Industry Collective-Bargaining Relationships, 67682– NOTICES 67683 New Postal Products, 67761–67762
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Postal Service Transportation Security Administration NOTICES NOTICES Product Change: Agency Information Collection Activities; Proposals, Priority Mail and First-Class Package Service Negotiated Submissions, and Approvals: Service Agreement, 67762 TSA Canine Training Center Adoption Application, Priority Mail Negotiated Service Agreement, 67762 67752–67753
Presidential Documents Treasury Department PROCLAMATIONS See Foreign Assets Control Office Special Observances: See United States Mint National Pearl Harbor Remembrance Day (Proc. 9971), 67657–67658 U.S. Customs and Border Protection NOTICES Rural Business-Cooperative Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Request for Applications: Distribution of Continued Dumping and Subsidy Offset to Value-Added Producer Grants and Solicitation of Grant Affected Domestic Producers, 67750–67751 Reviewers, 67703–67711 Foreign Assembler’s Declaration, 67751–67752 Passenger List/Crew List, 67749–67750 Securities and Exchange Commission Ship’s Stores Declaration, 67749 NOTICES Agency Information Collection Activities; Proposals, United States Mint Submissions, and Approvals, 67763–67764 Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Requests for Applications: New York Stock Exchange LLC, 67763 Citizens Coinage Advisory Committee Membership, Small Business Administration 67775–67776 NOTICES Conflicts of Interest: Wage and Hour Division Ballast Point Ventures III, L.P., 67764–67765 PROPOSED RULES Tip Regulations under the Fair Labor Standards Act, State Department 67681–67682 NOTICES Culturally Significant Objects Imported for Exhibition: Madame d’Ora, 67765 Separate Parts In This Issue
Surface Transportation Board Part II NOTICES Education Department, 67778–67826 Abandonment Exemption: Alcoa Energy Services, Inc.; Milam County, TX, 67765
Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Railroad Administration phone numbers, online resources, finding aids, and notice See National Highway Traffic Safety Administration of recently enacted public laws. See Pipeline and Hazardous Materials Safety To subscribe to the Federal Register Table of Contents Administration electronic mailing list, go to https://public.govdelivery.com/ RULES accounts/USGPOOFR/subscriber/new, enter your e-mail Maintenance of and Access to Records Pertaining to address, then follow the instructions to join, leave, or Individuals, 67671–67673 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 Proclamations: 9971...... 67657 10 CFR 73...... 67659 14 CFR 91 (2 documents) ...... 67659, 67665 20 CFR Proposed Rules: 617...... 67681 618...... 67681 29 CFR Proposed Rules: 10...... 67681 90...... 67681 103...... 67682 516...... 67681 531...... 67681 578...... 67681 579...... 67681 580...... 67681 1614...... 67683 34 CFR Proposed Rules: 674...... 67778 675...... 67778 676...... 67778 682...... 67778 685...... 67778 686...... 67778 690...... 67778 692...... 67778 694...... 67778 39 CFR Proposed Rules: 3010...... 67685 3020...... 67685 3050...... 67685 3055...... 67685 49 CFR 10...... 67671 50 CFR 622...... 67674 660...... 67674
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Federal Register Presidential Documents Vol. 84, No. 238
Wednesday, December 11, 2019
Title 3— Proclamation 9971 of December 6, 2019
The President National Pearl Harbor Remembrance Day, 2019
By the President of the United States of America
A Proclamation Seventy-eight years ago today, the course of our Nation’s history was forever altered by the surprise attack at Pearl Harbor on Oahu, Hawaii. On National Pearl Harbor Remembrance Day, we solemnly remember the tragic events of that morning and honor those who perished in defense of our Nation that day and in the ensuing 4 years of war. Just before 8 a.m. on December 7, 1941, airplanes launched from the Empire of Japan’s aircraft carriers dropped bombs and torpedoes from the sky, attacking our ships moored at Naval Station Pearl Harbor and other military assets around Oahu. Following this swift assault, the United States Pacific Fleet and most of the Army and Marine airfields on the island were left decimated. Most tragically, 2,335 American service members and 68 civilians were killed, marking that fateful day as one of the deadliest in our Nation’s history. Despite the shock of the attack, American service members at Pearl Harbor fought back with extraordinary courage and resilience. Sprinting through a hailstorm of lead, pilots rushed to the few remaining planes and took to the skies to fend off the incoming Japanese attackers. Soldiers on the ground fired nearly 300,000 rounds of ammunition and fearlessly rushed to the aid of their wounded brothers in arms. As a solemn testament to the heroism that abounded that day, 15 American servicemen were awarded the Medal of Honor—10 of which were awarded posthumously. In one remarkable act of bravery, Doris ‘‘Dorie’’ Miller, a steward aboard the USS West Virginia, manned a machine gun and successfully shot down multiple Japanese aircraft despite not having been trained to use the weapon. For his valor, Miller was awarded the Navy Cross and was the first African- American recognized with this honor. In the wake of this heinous attack, the United States was left stunned and wounded. Yet the dauntless resolve of the American people remained unwavering and unbreakable. In his address to the Congress the following day, broadcast to the Nation over radio, President Franklin Delano Roosevelt assured us that ‘‘[w]ith confidence in our armed forces, with the unbounding determination of our people, we will gain the inevitable triumph.’’ In the days, months, and years that followed, the full might of the American people, industry, and military was brought to bear on our enemies. Across the Atlantic and Pacific, 16 million American servicemen and women fought to victory, making the world safe for freedom and democracy once again. More than 400,000 of these brave men and women never returned home, giving their last full measure of devotion for our Nation. While nearly eight decades have passed since the last sounds of battle rang out over Pearl Harbor, we will never forget the immeasurable sacrifices these courageous men and women made so that we may live today in peace and prosperity. We continue to be inspired by the proud legacy left by the brave patriots of the Greatest Generation who served in every capacity during World War II, from keeping factories operating on the home front to fighting on the battlefields in Europe, North Africa, and the South Pacific. Their incredible heroism, dedication to duty, and love of country
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continue to embolden our drive to create a better world and galvanize freedom-loving people everywhere under a common cause. On this day, we resolve forever to keep the memory of the heroes of Pearl Harbor alive as a testament to the tremendous sacrifices they made in defense of freedom and all that we hold dear. The Congress, by Public Law 103–308, as amended, has designated December 7 of each year as ‘‘National Pearl Harbor Remembrance Day.’’ NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim December 7, 2019, as National Pearl Harbor Remembrance Day. I encourage all Americans to observe this solemn day of remembrance and to honor our military, past and present, with appropriate ceremonies and activities. I urge all Federal agencies and interested organiza- tions, groups, and individuals to fly the flag of the United States at half- staff in honor of those American patriots who died as a result of their service at Pearl Harbor. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of December, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty- fourth.
[FR Doc. 2019–26779 Filed 12–10–19; 8:45 am] Billing code 3295–F0–P
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Rules and Regulations Federal Register Vol. 84, No. 238
Wednesday, December 11, 2019
This section of the FEDERAL REGISTER the NRC’s PDR, Room O1–F21, One SUMMARY: This action extends the contains regulatory documents having general White Flint North, 11555 Rockville prohibition against certain flight applicability and legal effect, most of which Pike, Rockville, Maryland 20852. operations in specified areas of the are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: Jill Sanaa Flight Information Region (FIR) Federal Regulations, which is published under (OYSC) by all: U.S. air carriers; U.S. 50 titles pursuant to 44 U.S.C. 1510. Shepherd, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear commercial operators; persons The Code of Federal Regulations is sold by Regulatory Commission, Washington, exercising the privileges of an airman the Superintendent of Documents. DC 20555–0001; telephone: 301–415– certificate issued by the FAA, except 1230; email: [email protected]. when such persons are operating U.S.- registered aircraft for a foreign air SUPPLEMENTARY INFORMATION: Effective NUCLEAR REGULATORY carrier; and operators of U.S.-registered December 18, 2019, in FR Rule Doc. No. COMMISSION civil aircraft, except when the operator 2019–25021 at 84 FR 63565 in the issue of such aircraft is a foreign air carrier. of November 18, 2016, on page 63568, 10 CFR Part 73 The FAA finds this action necessary to in the third column, in amendatory address the continued hazards to [NRC–2019–0128] instruction 25 amending § 73.72, persons and aircraft engaged in such RIN 3150–AK34 paragraph (a)(1) is corrected to read as flight operations from the ongoing follows: Miscellaneous Corrections; Correction fighting and instability in Yemen, as § 73.72 [Corrected] well as terrorist and militant activity. AGENCY: Nuclear Regulatory (a) * * * The FAA also republishes, with minor Commission (1) Notify in writing by mail revisions, the approval process and ACTION: Final rule; correction. addressed to ATTN: Document Control exemption information for this flight Desk, Director, Office of Nuclear prohibition Special Federal Aviation SUMMARY: The U.S. Nuclear Regulatory Security and Incident Response, U.S. Regulation (SFAR); makes a technical Commission (NRC) is correcting a rule Nuclear Regulatory Commission, correction to the SFAR to show that that was published in the Federal Washington, DC 20555, or by using any operations on jet route M999 are Register on November 18, 2019, appropriate method listed in § 73.4 of permitted; makes editorial changes to regarding miscellaneous corrections to this part. Classified notifications shall this SFAR to clarify prohibited and NRC regulations. The action is be sent to the NRC headquarters permitted operations; makes a minor necessary to insert language that was classified mailing address listed in editorial change to the title of the rule; inadvertently omitted from the appendix A to this part. and makes other minor revisions for regulatory text. consistency with other recently DATES: The correction is effective on Dated at Rockville, Maryland, this 5th day published flight prohibition SFARs. of December 2019. December 18, 2019. DATES: This final rule is effective on For the Nuclear Regulatory Commission. ADDRESSES: Please refer to Docket ID December 11, 2019. Cindy K. Bladey, NRC–2019–0128 when contacting the FOR FURTHER INFORMATION CONTACT: Dale NRC about the availability of Chief, Regulatory Analysis and Rulemaking E. Roberts, Air Transportation Division, information for this action. You may Support Branch, Office of Nuclear Material Safety and Safeguards. Flight Standards Service, Federal obtain publicly-available information Aviation Administration, 800 related to this action by any of the [FR Doc. 2019–26651 Filed 12–10–19; 8:45 am] Independence Avenue SW, Washington, following methods: BILLING CODE 7590–01–P DC 20591; telephone 202–267–8166; • Federal Rulemaking Website: Go to email [email protected]. https://www.regulations.gov and search SUPPLEMENTARY INFORMATION: for Docket ID NRC–2019–0128. Address DEPARTMENT OF TRANSPORTATION questions about NRC dockets to Carol I. Executive Summary Gallagher; telephone: 301–415–3463; Federal Aviation Administration This action extends the expiration email: [email protected]. date of SFAR No. 115, title 14 Code of • NRC’s Agencywide Documents 14 CFR Part 91 Federal Regulations (CFR) 91.1611, from Access and Management System [Docket No.: FAA–2015–8672; Amdt. No. January 7, 2020, until January 7, 2022. (ADAMS): You may obtain publicly- 91–340B] SFAR No. 115 prohibits certain flight available documents online in the operations in specified areas of the ADAMS Public Documents collection at RIN 2120–AL44 Sanaa Flight Information Region (FIR) https://www.nrc.gov/reading-rm/ (OYSC), the boundaries of which are set adams.html. To begin the search, select Extension of the Prohibition Against forth in paragraph (b) of this final rule, ‘‘Begin Web-based ADAMS Search.’’ For Certain Flights in Specified Areas of by all U.S. air carriers; U.S. commercial problems with ADAMS, please contact the Sanaa Flight Information Region operators; persons exercising the the NRC’s Public Document Room (PDR) (FIR) (OYSC) privileges of an airman certificate issued reference staff at 1–800–397–4209, 301– AGENCY: Federal Aviation by the FAA, except when such persons 415–4737, or by email to pdr.resource@ Administration (FAA), Department of are operating U.S.-registered aircraft for nrc.gov. Transportation (DOT). a foreign air carrier; and operators of • NRC’s PDR: You may examine and U.S.-registered civil aircraft, except ACTION: Final rule. purchase copies of public documents at when the operator of such aircraft is a
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foreign air carrier. Consistent with other also authorizes agencies to forgo the areas of the Sanaa FIR (OYSC). These recently published flight prohibition delay in the effective date of the final hazards, which are further described in SFARs, this action also republishes, rule for good cause found and published the preamble to this rule, require that with minor revisions, the approval with the rule. In this instance, the FAA the FAA’s flight prohibition for U.S. process and exemption information for finds good cause exists to forgo notice civil aviation operations in specified this SFAR; makes editorial changes to and comment because notice and areas of the Sanaa FIR (OYSC) continue this SFAR to clarify prohibited and comment would be impracticable and without interruption. permitted operations; and makes a contrary to the public interest. In Because the final rule makes no minor editorial change to the title of the addition, it is contrary to the public changes to the boundaries of an existing rule for consistency. This action also interest to delay the effective date of this FAA flight prohibition for U.S. civil makes a technical correction to the SFAR. aviation operations, it is also contrary to SFAR to show that operations on jet The risk environment for U.S. civil the public interest to delay the effective route M999 are permitted. aviation in airspace managed by other date of the rule. Delaying the effective countries with respect to safety of flight date would not change the compliance II. Legal Authority and Good Cause risks posed by weapons capable of obligations of U.S. operators and airmen A. Legal Authority targeting, or otherwise negatively up to January 7, 2020, and, depending affecting, U.S. civil aviation, as well as upon the date on which the final rule is The FAA is responsible for the safety other hazards to U.S. civil aviation of flight in the U.S. and for the safety published in the Federal Register, could associated with fighting, extremist/ result in a gap in the regulation’s of U.S. civil operators, U.S.-registered militant activity, or heightened tensions, civil aircraft, and U.S.-certificated effectiveness of as many as 30 days is fluid. This fluidity and the need for between January 7, 2020, and the new airmen throughout the world. The FAA the FAA to rely upon classified Administrator’s authority to issue rules effective date. Such an outcome would information in assessing these risks be contrary to the interests of U.S. civil on aviation safety is found in 49 U.S.C. make seeking notice and comment 106(f) and (g). Subtitle VII of title 49, aviation safety due to the hazards to impracticable and contrary to the public U.S. civil flight operations in the Aviation Programs, describes in more interest. With respect to the detail the scope of the agency’s specified areas of the Sanaa FIR (OYSC). impracticability of notice and comment For these reasons, the FAA finds good authority. Section 40101(d)(1) provides procedures, the potential for rapid cause exists to forgo notice and that the Administrator shall consider in changes in the risks to U.S. civil comment and any delay in the effective the public interest, among other matters, aviation significantly limits how far in date for this rule. assigning, maintaining, and enhancing advance of a new or amended flight safety and security as the highest prohibition the FAA can usefully assess III. Background priorities in air commerce. Section the risk environment. Furthermore, to On January 7, 2016, the FAA 40105(b)(1)(A) requires the the extent that these rules and any published SFAR No. 115, § 91.1611, to Administrator to exercise this authority amendments to them are based upon prohibit U.S. civil aviation operations in consistently with the obligations of the classified information, the FAA is not specified areas of the Sanaa FIR (OYSC), U.S. Government under international legally permitted to share such due to the hazardous situation faced by agreements. information with the general public, U.S. civil aviation from ongoing military This rulemaking is promulgated who cannot meaningfully comment on operations, political instability, violence under the authority described in 49 information to which they are not from competing armed groups, and the U.S.C. 44701, General requirements. legally allowed access. continuing terrorism threat from Under that section, the FAA is charged Under these conditions, public extremist elements associated with the broadly with promoting safe flight of interest considerations also favor not fighting and instability in Yemen.1 civil aircraft in air commerce by seeking notice and comment for these In taking that action, the FAA prescribing, among other things, rules and any amendments to them. determined international civil air routes regulations and minimum standards for While there is a public interest in that transited the then-specified areas of practices, methods, and procedures that having an opportunity for the public to the Sanaa FIR (OYSC) and aircraft the Administrator finds necessary for comment on agency action, there is a operating to and from Yemeni airports safety in air commerce and national greater public interest in having the were at risk from terrorist and militant security. FAA’s flight prohibitions, and any groups potentially employing anti- This regulation is within the scope of amendments thereto, reflect the aircraft-capable weapons, including FAA’s authority, because it continues to agency’s most current understanding of man-portable air defense systems prohibit the persons described in the risk environment for U.S. civil (MANPADS), surface-to-air missiles paragraph (a) of SFAR No. 115, aviation. This allows the FAA to (SAMs), small-arms fire, and indirect § 91.1611, from conducting flight appropriately protect the safety of U.S. fire from mortars and rockets. Due to the operations in specified areas of the operators’ aircraft and the lives of their fighting and instability, as of January Sanaa FIR (OYSC) due to the continuing passengers and crews without over- 2016, the FAA stated that there was a hazards to the safety of U.S. civil flight restricting U.S. operators’ routing risk of possible loss of state control over operations, as described in the preamble options. The FAA has identified an more advanced anti-aircraft-capable to this final rule. ongoing need to maintain the flight weapons to terrorist and militant prohibition for U.S. civil aviation B. Good Cause for Immediate Adoption groups. Some of the weapons that the operations in specified areas of the FAA was concerned about have the Section 553(b)(3)(B) of title 5, U.S. Sanaa FIR (OYSC) due to continued capability to target aircraft at higher Code, authorizes agencies to dispense safety-of-flight hazards associated with altitudes or during approach and with notice and comment procedures ongoing political instability, fighting departure and have weapon ranges that for rules when the agency for ‘‘good involving various militia/extremist/ cause’’ finds that those procedures are militant elements, and military activity 1 Prohibition Against Certain Flights in Specified ‘‘impracticable, unnecessary, or contrary by foreign sponsors supporting various Areas of the Sanaa (OYSC) Flight Information to the public interest.’’ Section 553(d) elements operating in the specified Region (FIR) final rule, 81 FR 727.
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could extend into the near off-shore international assistance, have received § 91.1611, may be appropriate if the risk areas along Yemen’s coastline. or developed, and successfully to aviation safety and security changes. In the January 2016 final rule, the employed, innovative anti-aircraft- The FAA may amend or rescind SFAR FAA also indicated that U.S. civil capable weapons, ballistic missiles and No. 115, § 91.1611, as necessary, prior to aviation was at risk from combat unmanned aircraft systems capabilities. its expiration date. operations and other military-related These capabilities present a risk to U.S. By this action, the FAA also makes activity associated with the fighting and civil aviation, which may be minor editorial changes to correct the instability and that there was an deliberately or inadvertently targeted formatting of the name of the FIR; ongoing threat of terrorism. Al-Qa’ida in while operating in the Sanaa FIR clarify the operations that are prohibited the Arabian Peninsula (AQAP) (OYSC). Airports within the Sanaa FIR and those that are permitted; and clarify remained active in Yemen and had (OYSC) have been attacked by various the procedures for considering approval demonstrated the capability and intent entities using multiple capabilities. and exemption requests. These changes to target U.S. and Western aviation Additionally, extremist/militant are consistent with other recently interests. Various Yemeni airports had elements continue to exploit the conflict published flight prohibition SFARs. The been attacked during the fighting, for control of territory to launch attacks. FAA is also republishing the details including Sanaa International Airport Both Al-Qaida in the Arabian Peninsula concerning the approval and exemption (OYSN) and Aden International Airport (AQAP) and extremists aligned with the processes in Sections V and VI of this (OYAA), resulting in instances of Islamic State of Iraq and ash-Sham preamble, so that interested persons will damage to airport facilities and (ISIS) operate in Yemen. Both AQAP be able to refer to this final rule for temporary closure of the airports. and ISIS have previously conducted comprehensive information about In December 2017, the FAA amended attacks on U.S. interests, including requesting relief from the FAA from the SFAR No. 115, § 91.1611, to shrink the targeting civil aviation. provisions of SFAR No. 115, § 91.1611. boundaries of its prohibition of U.S. The FAA continues to assess that Finally, the FAA makes a technical civil aviation operations in specified opposition elements in Yemen do not correction to the final rule to clarify that areas of the Sanaa FIR (OYSC).2 possess functional medium-/long-range operations on jet route M999 are Between January 2016, and December strategic SAM capabilities or control permitted. 2017, the situation in Yemen had territory from which surface-to-air weapons possessed by those opposition V. Approval Process Based on a slightly improved, as a coalition of Request From a Department, Agency, or Yemeni government forces, supporting forces are capable of reaching air routes off the southern and western coasts of Instrumentality of the United States nations, and allied militia elements Government successfully limited the area of Yemen. Therefore, the FAA maintains opposition force control and reduced without change the boundaries of its A. Approval Process Based on an some of the opposition force’s weapon prohibition on U.S. civil aviation Authorization Request From a capabilities. As of December 2017, operations in the specified areas of the Department, Agency, or Instrumentality opposition elements in Yemen did not Sanaa FIR (OYSC). Operations on jet of the United States Government routes UT702 and M999 continue to be possess functional medium-/long-range In some instances, U.S. Government strategic SAM capabilities. As a result, permitted. Therefore, as a result of the significant departments, agencies, or the FAA found that there was a continuing risks to the safety of U.S. instrumentalities may need to engage sufficiently reduced level of risk to U.S. civil aviation in the specified areas of U.S. civil aviation to support their civil aviation operations on certain the Sanaa FIR (OYSC), the FAA extends activities in the specified areas of the international air routes that transit the expiration date of SFAR No. 115, Sanaa FIR (OYSC). The FAA is offshore areas of the Sanaa FIR (OYSC) § 91.1611, from January 7, 2020 until clarifying the approval process for SFAR to again permit U.S. civil aviation January 7, 2022. By this action, the FAA No. 115, § 91.1611, consistent with operations on those routes. prohibits flight operations in the other recently published flight IV. Discussion of the Final Rule specified areas of the Sanaa FIR (OYSC) prohibition SFARs, as previously at all altitudes by all: U.S. air carriers; indicated. If a department, agency, or The FAA continues to assess the U.S. commercial operators; persons instrumentality of the U.S. Government situation in the specified areas of the exercising the privileges of an airman determines that it has a critical need to Sanaa FIR (OYSC) as being hazardous certificate issued by the FAA, except engage any person described in SFAR for U.S. civil aviation. Significant risk to when such persons are operating U.S.- No. 115, § 91.1611, including a U.S. air U.S. civil aviation operations in the registered aircraft for a foreign air carrier or commercial operator, to specified areas of the Sanaa FIR (OYSC) carrier; and operators of U.S.-registered conduct a charter to transport civilian or continues to exist due to the ongoing civil aircraft, except when the operator military passengers or cargo, or other conflict between the Saudi Arabia-led of such aircraft is a foreign air carrier. operations, in the specified areas of the coalition and Huthi-aligned forces, as While the FAA’s flight prohibition does Sanaa FIR (OYSC), that department, well as an enduring extremist/militant not apply to foreign air carriers, DOT agency, or instrumentality may request threat to U.S. civil aviation operations codeshare authorizations prohibit the FAA to approve persons described in those areas. During the conflict, there foreign air carriers from carrying a U.S. in SFAR No. 115, § 91.1611, to conduct have been multiple reported surface-to- codeshare partner’s code on a flight such operations. air incidents, including successful shoot segment that operates in airspace for An approval request must be made downs of military tactical and which the FAA has issued a flight directly by the requesting department, surveillance aircraft by Huthi forces prohibition. agency, or instrumentality of the U.S. armed with a variety of anti-aircraft- The FAA will continue to actively Government to the FAA’s Associate capable weapons. Huthi elements, with monitor the situation and evaluate the Administrator for Aviation Safety in a extent to which U.S. civil operators and letter signed by an appropriate senior 2 Amendment of the Prohibition Against Certain official of the requesting department, Flights in Specified Areas of the Sanaa (OYSC) airmen may be able to operate safely in Flight Information Region final rule, 82 FR 58722 the specified areas of the Sanaa FIR agency, or instrumentality. The FAA (Dec. 14, 2017). (OYSC). Amendments to SFAR No. 115, will not accept or consider requests for
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approval from anyone other than the airfields or landing zones at which the (1) The approval will stipulate those requesting department, agency, or aircraft will take off and land; and procedures and conditions that limit, to instrumentality. In addition, the senior • The method by which the the greatest degree possible, the risk to official signing the letter requesting department, agency, or instrumentality the operator, while still allowing the FAA approval on behalf of the will provide, or how the operator will operator to achieve its operational requesting department, agency, or otherwise obtain, current threat objectives. instrumentality must be sufficiently information and an explanation of how (2) Before any approval takes effect, positioned within the organization to the operator will integrate this the operator must submit to the FAA: demonstrate that the senior leadership information into all phases of the (a) A written release of the U.S. of the requesting department, agency, or proposed operations (i.e., the pre- Government from all damages, claims, instrumentality supports the request for mission planning and briefing, in-flight, and liabilities, including without approval and is committed to taking all and post-flight phases). limitation legal fees and expenses, necessary steps to minimize operational The request for approval must also relating to any event arising out of or risks to the proposed flights. The senior include a list of operators with whom related to the approved operations in official must also be in a position to: (1) the U.S. Government department, the specified areas of the Sanaa FIR Attest to the accuracy of all agency, or instrumentality requesting (OYSC); and representations made to the FAA in the FAA approval has a current contract(s), (b) The operator’s written agreement request for approval and (2) ensure that grant(s), or cooperative agreement(s) (or to indemnify the U.S. Government with any support from the requesting U.S. its prime contractor has a respect to any and all third-party Government department, agency, or subcontract(s)) for specific flight damages, claims, and liabilities, operations in the specified areas of the instrumentality described in the request including without limitation legal fees Sanaa FIR (OYSC). The requestor may for approval is in fact brought to bear and expenses, relating to any event identify additional operators to the FAA and is maintained over time. Unless arising from or related to the approved at any time after the FAA approval is justified by exigent circumstances, operations in the specified areas of the issued. However, all additional requests for approval must be submitted Sanaa FIR (OYSC). operators must be identified to, and to the FAA no less than 30 calendar (3) Other conditions that the FAA obtain an Operations Specification days before the date on which the may specify, including those that may requesting department, agency, or (OpSpec) or Letter of Authorization (LOA) from, the FAA, as appropriate, for be imposed in OpSpecs or LOAs, as instrumentality wishes the proposed applicable. operations to commence. operations in the specified areas of the Sanaa FIR (OYSC), before such The release and agreement to The letter must be sent to the operators commence such operations. indemnify do not preclude an operator Associate Administrator for Aviation The approval conditions discussed from raising a claim under an applicable Safety, Federal Aviation below apply to any such additional non-premium war risk insurance policy Administration, 800 Independence operators. Updated lists should be sent issued by the FAA under chapter 443 of Avenue SW, Washington, DC 20591. to the email address to be obtained from title 49, U.S. Code. Electronic submissions are acceptable, the Air Transportation Division by If the FAA approves the proposed and the requesting entity may request calling (202) 267–8166. operation(s), the FAA will issue an that the FAA notify it electronically as If an approval request includes OpSpec or LOA, as applicable, to the to whether the approval request is classified information, requestors may operator(s) identified in the original granted. If a requestor wishes to make contact Aviation Safety Inspector Dale request authorizing them to conduct the an electronic submission to the FAA, E. Roberts for instructions on submitting approved operation(s), and will notify the requestor should contact the Air it to the FAA. His contact information the department, agency, or Transportation Division, Flight is listed in the For Further Information instrumentality that requested the Standards Service, at (202) 267–8166, to Contact section of this final rule. FAA’s approval of any additional obtain the appropriate email address. A FAA approval of an operation under conditions beyond those contained in single letter may request approval from SFAR No. 115, § 91.1611, does not the approval letter. the FAA for multiple persons described relieve persons subject to this SFAR of in SFAR No. 115, § 91.1611, or for VI. Information Regarding Petitions for their responsibility to comply with all Exemption multiple flight operations. To the extent other applicable FAA rules and known, the letter must identify the regulations. Operators of civil aircraft Any operations not conducted under person(s) expected to be covered under must comply with the conditions of an approval the FAA issues through the the SFAR on whose behalf the U.S. their certificate, OpSpecs, and LOAs, as approval process set forth previously Government department, agency, or applicable. Operators must also comply must be conducted under an exemption instrumentality is seeking FAA with all rules and regulations of other from SFAR No. 115, § 91.1611. A approval, and it must describe— U.S. Government departments or petition for exemption must comply • The proposed operation(s), agencies that may apply to the proposed with 14 CFR part 11. The FAA will including the nature of the mission operation(s), including, but not limited consider whether exceptional being supported; to, regulations issued by the circumstances exist beyond those • The service to be provided by the Transportation Security Administration. contemplated by the approval process person(s) covered by the SFAR; described in the previous section. In • To the extent known, the specific B. Approval Conditions addition to the information required by locations in the specified areas of the If the FAA approves the request, the 14 CFR 11.81, at a minimum, the Sanaa FIR (OYSC) where the proposed FAA’s Aviation Safety Organization will requestor must describe in its operation(s) will be conducted, send an approval letter to the requesting submission to the FAA— including, but not limited to, the flight department, agency, or instrumentality, • The proposed operation(s), path and altitude of the aircraft while it informing it that the FAA’s approval is including the nature of the operation; is operating in the specified areas of the subject to all of the following • The service to be provided by the Sanaa FIR (OYSC) and the airports, conditions: person(s) covered by the SFAR;
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• The specific locations in the Agreements Act of 1979 (Pub. L. 96–39), fuel, for U.S. operators that transit the specified areas of the Sanaa FIR (OYSC) as codified in 19 U.S.C. Chapter 13, Middle East on those routes are not where the proposed operation(s) will be prohibits agencies from setting affected by this final rule. conducted, including, but not limited standards that create unnecessary Therefore, the FAA finds that the to, the flight path and altitude of the obstacles to the foreign commerce of the costs of extending SFAR No. 115, aircraft while it is operating in the United States. In developing U.S. § 91.1611, will be minimal and are specified areas of the Sanaa FIR (OYSC) standards, the Trade Agreements Act exceeded by the benefits of avoided and the airports, airfields or landing requires agencies to consider risks of deaths, injuries, and property zones at which the aircraft will take off international standards and, where damage that could result from a U.S. and land; appropriate, that they be the basis of operator’s aircraft being shot down (or • The method by which the operator U.S. standards. Fourth, the Unfunded otherwise damaged) while operating in will obtain current threat information, Mandates Reform Act of 1995 (Pub. L. the specified areas of the Sanaa FIR and an explanation of how the operator 104–4), as codified in 2 U.S.C. Chapter (OYSC). will integrate this information into all 25, requires agencies to prepare a phases of its proposed operations (i.e., written assessment of the costs, benefits, B. Regulatory Flexibility Act the pre-mission planning and briefing, and other effects of proposed or final The Regulatory Flexibility Act (RFA), in-flight, and post-flight phases); and rules that include a Federal mandate • in 5 U.S.C. 603, requires an agency to The plans and procedures the likely to result in the expenditure by prepare an initial regulatory flexibility operator will use to minimize the risks, State, local, or tribal governments, in the analysis describing impacts on small identified in this preamble, to the aggregate, or by the private sector, of entities whenever an agency is required proposed operations, to establish that $100 million or more annually (adjusted by 5 U.S.C. 553, or any other law, to granting the exemption would not for inflation with base year of 1995). publish a general notice of proposed adversely affect safety or would provide This portion of the preamble rulemaking for any proposed rule. a level of safety at least equal to that summarizes the FAA’s analysis of the Similarly, 5 U.S.C. 604 requires an provided by this SFAR. The FAA has economic impacts of this final rule. agency to prepare a final regulatory found comprehensive, organized plans In conducting these analyses, the FAA flexibility analysis when an agency and procedures of this nature to be has determined that this final rule has issues a final rule under 5 U.S.C. 553, helpful in facilitating the agency’s safety benefits that justify its costs. This rule after being required by that section or evaluation of petitions for exemption is a significant regulatory action, as any other law to publish a general from flight prohibition SFARs. defined in section 3(f) of Executive notice of proposed rulemaking. The Additionally, the release and Order 12866, as it raises novel policy FAA found good cause to forgo notice agreement to indemnify, as referred to issues contemplated under that and comment and any delay in the previously, are required as a condition Executive Order. As notice and effective date for this rule. As notice and of any exemption that may be issued comment under 5 U.S.C. 553 are not comment under 5 U.S.C. 553 are not under SFAR No. 115, § 91.1611. required for this final rule, the required in this situation, the regulatory The FAA recognizes that the regulatory flexibility analyses described flexibility analyses described in 5 U.S.C. operations SFAR No. 115, § 91.1611, in 5 U.S.C. 603 and 604 regarding 603 and 604 are similarly not required. might affect could include operations impacts on small entities are not planned for the governments of other required. This rule will not create C. International Trade Impact countries with the support of the U.S. unnecessary obstacles to the foreign Assessment Government. While the FAA will not commerce of the United States. This permit these operations through the rule will not impose an unfunded The Trade Agreements Act of 1979 approval process, the FAA will consider mandate on State, local, or tribal (Pub. L. 96–39) prohibits Federal exemption requests for such operations governments, or on the private sector, agencies from establishing standards or on an expedited basis and prior to any by exceeding the threshold identified engaging in related activities that create private exemption requests. previously. unnecessary obstacles to the foreign If a petition for exemption includes commerce of the United States. security-sensitive or proprietary A. Regulatory Evaluation Pursuant to this Act, the establishment information, requestors may contact Due to the significant hazards to U.S. of standards is not considered an Aviation Safety Inspector Dale E. civil aviation described in the preamble unnecessary obstacle to the foreign Roberts for instructions on submitting it of this final rule, this rule continues to commerce of the United States, so long to the FAA. His contact information is prohibit U.S. civil flights in the as the standard has a legitimate listed in the FOR FURTHER INFORMATION specified areas of the Sanaa FIR (OYSC). domestic objective, such as the CONTACT section of this final rule. The FAA believes there are very few protection of safety, and does not U.S. operators who wish to operate in operate in a manner that excludes VII. Regulatory Notices and Analyses the specified areas of the Sanaa (OYSC) imports that meet this objective. The Changes to Federal regulations must FIR where U.S. civil aviation operations statute also requires consideration of undergo several economic analyses. will continue to be prohibited. The FAA international standards and, where First, Executive Orders 12866 and 13563 receives few requests for approval or appropriate, that they be the basis for direct that each Federal agency shall petitions for exemption to conduct flight U.S. standards. propose or adopt a regulation only upon operations in airspace managed by other The FAA has assessed the potential a reasoned determination that the countries in which the FAA has effect of this final rule and determined benefits of the intended regulation prohibited U.S. civil aviation from that its purpose is to protect the safety justify its costs. Second, the Regulatory flying and expects that this pattern will of U.S. civil aviation from hazards to Flexibility Act of 1980 (Pub. L. 96–354), hold true for this rule. their operations in the specified areas of as codified in 5 U.S.C. 603 et seq., In addition, the rule continues to the Sanaa FIR (OYSC), a location requires agencies to analyze the allow U.S. civil aviation to use the outside the U.S. Therefore, the rule is in economic impact of regulatory changes M999 and UT702 air routes, so flight compliance with the Trade Agreements on small entities. Third, the Trade times and operating expenses, such as Act of 1979.
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D. Unfunded Mandates Assessment requires the FAA to be informed of this action would have no effect on Title II of the Unfunded Mandates environmental considerations and take international regulatory cooperation. those considerations into account when Reform Act of 1995 (Pub. L. 104–4) D. Executive Order 13771, Reducing making decisions on major Federal requires each Federal agency to prepare Regulation and Controlling Regulatory actions that could have environmental a written statement assessing the effects Costs of any Federal mandate in a proposed or impacts anywhere beyond the borders of final agency rule that may result in an the United States. The FAA has This rule is not subject to the expenditure of $100 million or more (in determined that this action is exempt requirements of E.O. 13771 (82 FR 9339, 1995 dollars) in any one year by State, pursuant to Section 2–5(a)(i) of Feb. 3, 2017) because it is issued with local, and tribal governments, in the Executive Order 12114 because it does respect to a national security function of aggregate, or by the private sector; such not have the potential for a significant the United States. effect on the environment outside the a mandate is deemed to be a ‘‘significant IX. Additional Information regulatory action.’’ The FAA currently United States. uses an inflation-adjusted value of $155 In accordance with FAA Order A. Availability of Rulemaking million in lieu of $100 million. 1050.1F, ‘‘Environmental Impacts: Documents This final rule does not contain such Policies and Procedures,’’ paragraph 8– An electronic copy of a rulemaking a mandate. Therefore, the requirements 6(c), FAA has prepared a memorandum document may be obtained from the of Title II of the Act do not apply. for the record stating the reason(s) for internet by— this determination; this memorandum E. Paperwork Reduction Act • has been placed in the docket for this Searching the docket for this The Paperwork Reduction Act of 1995 rulemaking. rulemaking at https:// (44 U.S.C. 3507(d)) requires that the www.regulations.gov; VIII. Executive Order Determinations FAA consider the impact of paperwork • Visiting the FAA’s Regulations and and other information collection A. Executive Order 13132, Federalism Policies web page at https:// burdens imposed on the public. The www.faa.gov/regulations_policies; or FAA has determined that there is no The FAA has analyzed this rule under • new requirement for information the principles and criteria of Executive Accessing the Government collection associated with this final Order 13132, Federalism. The agency Publishing Office’s website at https:// rule. has determined that this action would www.govinfo.gov. not have a substantial direct effect on Copies may also be obtained by F. International Compatibility and sending a request (identified by Cooperation the States, or the relationship between the Federal Government and the States, amendment or docket number of this In keeping with U.S. obligations or on the distribution of power and rulemaking) to the Federal Aviation under the Convention on International responsibilities among the various Administration, Office of Rulemaking, Civil Aviation, it is FAA’s policy to levels of government, and, therefore, ARM–1, 800 Independence Avenue SW, conform to International Civil Aviation would not have Federalism Washington, DC 20591, or by calling Organization (ICAO) Standards and implications. (202) 267–9677. Recommended Practices to the Except for classified material, all B. Executive Order 13211, Regulations maximum extent practicable. The FAA documents the FAA considered in That Significantly Affect Energy Supply, has determined that there are no ICAO developing this rule, including Distribution, or Use Standards and Recommended Practices economic analyses and technical that correspond to this regulation. The The FAA analyzed this rule under reports, may be accessed from the FAA finds that this action is fully Executive Order 13211, Actions internet through the docket for this consistent with the obligations under 49 rulemaking. U.S.C. 40105(b)(1)(A) to ensure that the Concerning Regulations that FAA exercises its duties consistently Significantly Affect Energy Supply, B. Small Business Regulatory with the obligations of the United States Distribution, or Use (May 18, 2001). The Enforcement Fairness Act under international agreements. agency has determined that it would not While the FAA’s flight prohibition be a ‘‘significant energy action’’ under The Small Business Regulatory does not apply to foreign air carriers, the executive order and would not be Enforcement Fairness Act of 1996 DOT codeshare authorizations prohibit likely to have a significant adverse effect (SBREFA) (Pub. L. 104–121) (set forth as foreign air carriers from carrying a U.S. on the supply, distribution, or use of a note to 5 U.S.C. 601) requires FAA to codeshare partner’s code on a flight energy. comply with small entity requests for information or advice about compliance segment that operates in airspace for C. Executive Order 13609, Promoting with statutes and regulations within its which the FAA has issued a flight International Regulatory Cooperation prohibition. In addition, foreign air jurisdiction. A small entity with carriers and other foreign operators may Executive Order 13609, Promoting questions regarding this document may choose to avoid, or be advised or International Regulatory Cooperation, contact its local FAA official, or the directed by their civil aviation (77 FR 26413, May 4, 2012) promotes persons listed under the FOR FURTHER authorities to avoid, airspace for which international regulatory cooperation to INFORMATION CONTACT heading at the the FAA has issued a flight prohibition. meet shared challenges involving beginning of the preamble. To find out health, safety, labor, security, more about SBREFA on the internet, G. Environmental Analysis environmental, and other issues and to visit http://www.faa.gov/regulations_ The FAA has analyzed this action reduce, eliminate, or prevent policies/rulemaking/sbre_act/. under Executive Order 12114, unnecessary differences in regulatory List of Subjects in 14 CFR Part 91 Environmental Effects Abroad of Major requirements. The FAA has analyzed Federal Actions (44 FR 1957, January 4, this action under the policies and Air traffic control, Aircraft, Airmen, 1979), and DOT Order 5610.1C, agency responsibilities of Executive Airports, Aviation safety, Freight, Paragraph 16. Executive Order 12114 Order 13609 and has determined that Yemen.
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The Amendment southeast of a line drawn direct from (e) Expiration. This SFAR will remain In consideration of the foregoing, the NODMA to ORBAT (140638N in effect until January 7, 2022. The FAA Federal Aviation Administration 0503924E) then from ORBAT to PAKER may amend, rescind, or extend this amends chapter I of title 14, Code of (115500N 0463500E), south of a line SFAR as necessary. Federal Regulations, as follows: drawn direct from PAKER to PARIM Issued in Washington, DC, under the (123142N 0432712E), and west of a line authority of 49 U.S.C. 106(f) and (g), PART 91—GENERAL OPERATING AND drawn direct from PARIM to RIBOK 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), FLIGHT RULES (154700N 0415230E). Use of jet routes on December 4, 2019. UT702 and M999 are authorized. All Steve Dickson, ■ 1. The authority citation for part 91 is flight operations conducted under this Administrator. revised to read as follows: subparagraph must be conducted [FR Doc. 2019–26602 Filed 12–10–19; 8:45 am] subject to the approval of, and in Authority: 49 U.S.C. 106(f), 106(g), 40101, BILLING CODE 4910–13–P 40103, 40105, 40113, 40120, 44101, 44111, accordance with the conditions 44701, 44704, 44709, 44711, 44712, 44715, established by, the appropriate 44716, 44717, 44722, 46306, 46315, 46316, authorities of Yemen. DEPARTMENT OF TRANSPORTATION 46504, 46506–46507, 47122, 47508, 47528– (2) Flight operations may be 47531, 47534, Pub. L. 114–190, 130 Stat. 615 conducted in the Sanaa FIR (OYSC) in Federal Aviation Administration (49 U.S.C. 44703 note); articles 12 and 29 of that airspace west of a line drawn direct the Convention on International Civil from KAPET (163322N 0530614E) to 14 CFR Part 91 Aviation (61 Stat. 1180), (126 Stat. 11). NODMA (152603N 0533359E), [Docket No.: FAA–2007–27602; Amdt. No. ■ northwest of a line drawn direct from 2. Revise § 91.1611 to read as follows: 91–339B] NODMA to ORBAT (140638N § 91.1611 Special Federal Aviation 0503924E) then from ORBAT to PAKER RIN 2120–AL46 Regulation No. 115—Prohibition Against (115500N 0463500E), north of a line Certain Flights in Specified Areas of the drawn direct from PAKER to PARIM Extension of the Prohibition Against Sanaa Flight Information Region (FIR) Certain Flights in the Territory and (OYSC). (123142N 0432712E), and east of a line drawn direct from PARIM to RIBOK Airspace of Somalia (a) Applicability. This Special Federal (154700N 0415230E) if such flight AGENCY: Federal Aviation Aviation Regulation (SFAR) applies to operations are conducted under a the following persons: Administration (FAA), Department of contract, grant, or cooperative Transportation (DOT). (1) All U.S. air carriers and U.S. agreement with a department, agency, or ACTION: Final rule. commercial operators; instrumentality of the U.S. Government (2) All persons exercising the (or under a subcontract between the SUMMARY: This action extends the privileges of an airman certificate issued prime contractor of the U.S. prohibition against certain flight by the FAA, except when such persons Government department, agency, or operations in the territory and airspace are operating U.S.-registered aircraft for instrumentality and the person subject of Somalia at altitudes below Flight a foreign air carrier; and to paragraph (a)), with the approval of Level (FL) 260 by all: U.S. air carriers; (3) All operators of U.S.-registered the FAA, or under an exemption issued U.S. commercial operators; persons civil aircraft, except when the operator by the FAA. The FAA will consider exercising the privileges of an airman of such aircraft is a foreign air carrier. requests for approval or exemption in a certificate issued by the FAA, except (b) Flight prohibition. Except as timely manner, with the order of when such persons are operating U.S.- provided in paragraphs (c) and (d) of preference being: First, for those registered aircraft for a foreign air this section, no person described in operations in support of U.S. carrier; and operators of U.S.-registered paragraph (a) of this section may Government-sponsored activities; civil aircraft, except when the operator conduct flight operations in the portion second, for those operations in support of such aircraft is a foreign air carrier. of the Sanaa Flight Information Region of government-sponsored activities of a The FAA is taking this action because (FIR) (OYSC) that is west of a line foreign country with the support of a it has determined there continues to be drawn direct from KAPET (163322N U.S. government department, agency, or an unacceptable risk to U.S. civil 0530614E) to NODMA (152603N instrumentality; and third, for all other aviation operating in the territory and 0533359E), northwest of a line drawn operations. airspace of Somalia at altitudes below direct from NODMA to ORBAT (d) Emergency situations. In an FL260 from terrorist and militant (140638N 0503924E) then from ORBAT emergency that requires immediate activity. The FAA also republishes, with to PAKER (115500N 0463500E), north of decision and action for the safety of the minor revisions, the approval process a line drawn direct from PAKER to flight, the pilot in command of an and exemption information for this PARIM (123142N 0432712E), and east of aircraft may deviate from this section to flight prohibition Special Federal a line drawn direct from PARIM to the extent required by that emergency. Aviation Regulation (SFAR) and makes RIBOK (154700N 0415230E). Use of jet Except for U.S. air carriers and minor editorial changes to this SFAR to route UN303 is not authorized. commercial operators that are subject to clarify prohibited and permitted (c) Permitted operations. This section the requirements of 14 CFR part 119, operations, consistent with other does not prohibit persons described in 121, 125, or 135, each person who recently published flight prohibition paragraph (a) of this section from deviates from this section must, within SFARs. conducting flight operations in the 10 days of the deviation, excluding Sanaa FIR (OYSC) under the following Saturdays, Sundays, and Federal DATES: This final rule is effective on circumstances: holidays, submit to the responsible December 11, 2019. (1) Flight operations may be Flight Standards office a complete FOR FURTHER INFORMATION CONTACT: Dale conducted in the Sanaa FIR (OYSC) in report of the operations of the aircraft E. Roberts, Air Transportation Division, that airspace east of a line drawn direct involved in the deviation, including a Flight Standards Service, Federal from KAPET (163322N 0530614E) to description of the deviation and the Aviation Administration, 800 NODMA (152603N 0533359E), reasons for it. Independence Avenue SW, Washington,
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DC 20591; telephone 202–267–8166; operations in the territory and airspace appropriately protect the safety of U.S. email [email protected]. of Somalia at altitudes below FL260 due operators’ aircraft and the lives of their SUPPLEMENTARY INFORMATION: to the continuing hazards to the safety passengers and crews without over- of U.S. civil flight operations at those restricting U.S. operators’ routing I. Executive Summary altitudes, as described in the preamble options. The FAA has identified an This action extends the expiration to this final rule. ongoing need to maintain the flight date of SFAR No. 107, title 14 Code of B. Good Cause for Immediate Adoption prohibition for U.S. civil aviation Federal Regulations (CFR) 91.1613, from operations in the territory and airspace January 7, 2020 until January 7, 2023. Section 553(b)(3)(B) of title 5, U.S. of Somalia at altitudes below FL260 due SFAR No. 107 prohibits certain flight Code, authorizes agencies to dispense to continued safety-of-flight hazards operations in the territory and airspace with notice and comment procedures associated with terrorist and militant of Somalia at altitudes below FL260 by for rules when the agency for ‘‘good activity. These hazards, which are all: U.S. air carriers; U.S. commercial cause’’ finds those procedures are further described in the preamble to this operators; persons exercising the ‘‘impracticable, unnecessary, or contrary final rule, require that the FAA’s flight privileges of an airman certificate issued to the public interest.’’ Section 553(d) prohibition for U.S. civil aviation by the FAA, except when such persons also authorizes agencies to forgo the operations in the territory and airspace are operating U.S.-registered aircraft for delay in the effective date of the final of Somalia at altitudes below FL260 a foreign air carrier; and operators of rule for good cause found and published continue without interruption. U.S.-registered civil aircraft, except with the rule. In this instance, the FAA Because the final rule makes no when the operator of such aircraft is a finds good cause exists to forgo notice changes to the boundaries of an existing foreign air carrier. Consistent with other and comment because notice and FAA flight prohibition for U.S. civil recently published flight prohibition comment would be impracticable and aviation operations, it is also contrary to SFARS, this action also republishes, contrary to the public interest. In the public interest to delay the effective with minor revisions, the approval addition, it is contrary to the public date of the rule. Delaying the effective process and exemption information for interest to delay the effective date of this date would not change the compliance this SFAR and makes minor editorial flight prohibition SFAR. obligations of U.S. operators and airmen The risk environment for U.S. civil changes to clarify prohibited and up to January 7, 2020, and, depending aviation in airspace managed by other permitted operations. upon the date on which the final rule is countries with respect to safety of flight published in the Federal Register, could II. Legal Authority and Good Cause risks posed by weapons capable of result in a gap in the regulation’s targeting, or otherwise negatively A. Legal Authority effectiveness of as many as 30 days affecting, U.S. civil aviation, as well as The FAA is responsible for the safety other hazards to U.S. civil aviation between January 7, 2020 and the new of flight in the U.S. and for the safety associated with fighting, extremist/ effective date. Such an outcome would of U.S. civil operators, U.S.-registered militant activity, or heightened tensions, be contrary to the interests of U.S. civil civil aircraft, and U.S.-certificated is fluid. This fluidity and the need for aviation safety due to the hazards to airmen throughout the world. The FAA the FAA to rely upon classified U.S. civil flight operations in the Administrator’s authority to issue rules information in assessing these risks territory and airspace of Somalia at on aviation safety is found in 49 U.S.C. make seeking notice and comment altitudes below FL260. 106(f) and (g). Subtitle VII of title 49, impracticable and contrary to the public For these reasons, the FAA finds good Aviation Programs, describes in more interest. With respect to the cause exists to forgo notice and detail the scope of the agency’s impracticability of notice and comment comment and any delay in the effective authority. Section 40101(d)(1) provides procedures, the potential for rapid date for this rule. that the Administrator shall consider in changes in the risks to U.S. civil III. Background the public interest, among other matters, aviation significantly limits how far in assigning, maintaining, and enhancing advance of a new or amended flight The FAA first issued SFAR No. 107 in safety and security as the highest prohibition the FAA can usefully assess 2007, based on aviation safety and priorities in air commerce. Section the risk environment. Furthermore, to national security concerns regarding 40105(b)(1)(A) requires the the extent these rules and any U.S. civil flight operations in Somalia, amendments to them are based upon as well as overflights of Somalia below Administrator to exercise this authority 1 consistently with the obligations of the classified information, the FAA is not FL200. The terrorist group Al-Shabaab U.S. Government under international legally permitted to share such had conducted multiple attacks against agreements. information with the general public, civil aviation, including attacks on two This rulemaking is promulgated who cannot meaningfully comment on IL–76 aircraft near Aden Adde under the authority described in 49 information to which they are not International Airport (then known as U.S.C. 44701, General requirements. legally allowed access. Mogadishu International Airport) Under that section, the FAA is charged Under these conditions, public (HCMM) in March 2007 that likely used broadly with promoting safe flight of interest considerations also favor not man-portable air defense systems civil aircraft in air commerce by seeking notice and comment for these (MANPADS). These incidents occurred prescribing, among other things, rules and any amendments to them. days after unknown individuals regulations and minimum standards for While there is a public interest in attacked the airport with mortars, practices, methods, and procedures the having an opportunity for the public to causing minimal damage. Consequently, Administrator finds necessary for safety comment on agency action, there is a the FAA determined it was neither safe in air commerce and national security. greater public interest in having the nor in the national security interests of This regulation is within the scope of FAA’s flight prohibitions, and any the United States for persons subject to FAA’s authority because it continues to amendments thereto, reflect the 1 Prohibition Against Certain Flights Within the prohibit the persons described in agency’s most current understanding of Territory and Airspace of Somalia final rule, 72 FR paragraph (a) of SFAR No. 107, the risk environment for U.S. civil 16710 (Apr. 5, 2007). The final rule was effective § 91.1613, from conducting flight aviation. This allows the FAA to March 30, 2007.
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SFAR No. 107 to overfly Somali had also conducted frequent terror security responsibilities back to territory at altitudes below FL200. attacks in close proximity to the airport Somalia. During the AMISOM On January 7, 2016, the FAA and had conducted indirect fire attacks drawdown, al-Shabaab may attempt to expanded its existing prohibition of U.S. targeting facilities within the perimeter exploit vulnerabilities in Somali civil aviation operations in the territory of the airport. Al-Shabaab had also security and increase attacks on and airspace of Somalia, after conducted ground assaults against Aden remaining AMISOM bases and Western determining the risk from terrorist and Adde International Airport (HCMM), interests. For these reasons, the FAA is militant activity made it unsafe for U.S. including the use of a vehicle-borne IED concerned the risk to U.S. civil aviation civil flights to operate in the territory in January 2017. Other extremists, operations may increase as AMISOM and airspace of Somalia at altitudes including elements of the Islamic State continues its scheduled drawdown. below FL260.2 The FAA determined of Iraq and ash Sham (ISIS), also international civil air routes transiting operated in Somalia and were capable of Therefore, as a result of the significant Somali airspace and aircraft operating to threatening civil aviation. Therefore, the continuing risks to the safety of U.S. and from Somali airports remained at FAA extended the SFAR’s expiration civil aviation in the territory and risk due to terrorist and militant groups date from January 7, 2018, until January airspace of Somalia at altitudes below potentially employing anti-aircraft- 7, 2020. FL260, the FAA extends the expiration capable weapons, including MANPADS, IV. Discussion of the Final Rule date of SFAR No. 107, § 91.1613, from small-arms fire and indirect fire from January 7, 2020 until January 7, 2023. mortars and rockets targeting airports. The FAA continues to assess the By this action, the FAA prohibits flight Some of the weapons about which the situation in the territory and airspace of operations in the territory and airspace FAA was concerned have the capability Somalia at altitudes below FL260 as of Somalia at altitudes below FL260 by to target aircraft upon approach and being hazardous for U.S. civil aviation all: U.S. air carriers; U.S. commercial operations due to the poor security departure and aircraft at higher operators; persons exercising the environment and fragile governance altitudes. Al-Shabaab had remained privileges of an airman certificate issued active in Somalia and had demonstrated structure in Somalia, as well as the by the FAA, except when such persons the capability and intent to target U.S. threat posed by al-Shabaab, an al- are operating U.S.-registered aircraft for and Western interests, including civil Qa’ida-aligned extremist group, and aviation. Al-Shabaab had also other extremists/militants. Al-Shabaab a foreign air carrier; and operators of conducted ground assaults against Aden has demonstrated an intent and U.S.-registered civil aircraft, except Adde International Airport (HCMM), capabilities to target civil aviation when the operator of such aircraft is a including an attack in December 2014. operations in the territory and airspace foreign air carrier. While the FAA’s As stated in the January 2016 final rule, of Somalia through a variety of means, flight prohibition does not apply to in the FAA’s view, attacks against including the use of an insider to foreign air carriers, DOT codeshare aircraft in-flight or Somali airports smuggle a concealed IED onto a civil authorizations prohibit foreign air could occur with little or no warning. aircraft, use of anti-aircraft-capable carriers from carrying a U.S. codeshare The FAA extended the expiration date weapons, and direct and indirect attacks partner’s code on a flight segment that of SFAR No. 107, § 91.1613, until on Somali airports. Al-Shabaab has operates in airspace for which the FAA January 7, 2018.3 frequently targeted Aden Adde has issued a flight prohibition. In December 2017, the FAA, again, International Airport (HCMM) with attacks using indirect fire, small arms The FAA will continue to actively extended the expiration date of SFAR monitor the situation and evaluate the No. 107, § 91.1613, until January 7, fire and vehicle-borne IEDs. Al-Shabaab extent to which U.S. civil operators and 2020, due to continuing hazards to U.S. has conducted multiple mortar attacks airmen may be able to operate safely in civil flight operation in the territory and targeting the African Union Mission in airspace of Somalia at altitudes below Somalia (AMISOM) at Aden Adde the territory and airspace of Somalia at FL260. In the December 2017 final rule,4 International Airport (HCMM), and has altitudes below FL260. Amendments to the FAA found that al-Shabaab had done so as recently as January 1, 2019. SFAR No. 107, § 91.1613, may be continued to directly target civil Al-Shabaab frequently conducts vehicle- appropriate if the risk to aviation safety aviation using additional tactics, borne IED attacks targeting Western and security changes. The FAA may including the use of concealed interests and public venues in amend or rescind SFAR No. 107, improvised explosive devices (IEDs) in Mogadishu, including detonating § 91.1613, as necessary, prior to its an effort to bypass airport security vehicle-borne IEDs near malls (February expiration date. screening at Aden Adde International 2019), hotels (November 2018) and near By this action, the FAA also makes a security check point close to Aden Airport (HCMM) to detonate the device minor editorial changes to clarify the Adde International Airport (HCMM) onboard an aircraft. This had been operations that are prohibited and those (June 2019). In addition, al-Shabaab is demonstrated when al-Shabaab claimed that are permitted and clarify the responsibility for the onboard assessed to have access to anti-aircraft- capable weapons presenting a risk to procedure for considering approval and detonation of a concealed IED on Daallo exemption requests. These changes are Airlines Flight 159, which originated U.S. civil aviation operations at consistent with other recently published from Aden Adde International Airport altitudes below FL260. Furthermore, flight prohibition SFARs. The FAA also (HCMM) in February 2016. Al-Shabaab ISIS has a cell trying to gain influence in Somalia, which presents another republishes the approval and exemption 2 Prohibition Against Certain Flights in the extremist threat to Western interests, processes in Sections V and VI of this Territory and Airspace of Somalia final rule, 81 FR including civil aviation. ISIS elements preamble, so interested persons will be 721. in Somalia may have access to anti- able to refer to this final rule for 3 The January 7, 2016, final rule placed SFAR No. aircraft-capable weapons. comprehensive information about 107 in subpart M of part 91, at 14 CFR 91.1613. requesting relief from the FAA from the 4 Extension of the Prohibition Against Certain In February 2019, AMISOM began to Flights in the Territory and Airspace of Somalia draw down its forces, as its mandate provisions of SFAR No. 107, § 91.1613. final rule, 82 FR 58546 (Dec. 13, 2017). expires in 2020, and began transferring
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V. Approval Process Based on a days before the date on which the identified to, and obtain an Operations Request From a Department, Agency, or requesting department, agency, or Specification (OpSpec) or Letter of Instrumentality of the United States instrumentality wishes the proposed Authorization (LOA) from, the FAA, as Government operations to commence. appropriate, for operations in the The letter must be sent to the territory and airspace of Somalia at A. Approval Process Based on an Associate Administrator for Aviation altitudes below FL260, before such Authorization Request From a Safety, Federal Aviation operators commence such operations. Department, Agency, or Instrumentality Administration, 800 Independence The approval conditions discussed of the United States Government Avenue SW, Washington, DC 20591. below apply to any such additional In some instances, U.S. Government Electronic submissions are acceptable, operators. Updated lists should be sent departments, agencies, or and the requesting entity may request to the email address to be obtained from instrumentalities may need to engage the FAA notify it electronically as to the Air Transportation Division by U.S. civil aviation to support their whether the approval request is granted. calling (202) 267–8166. activities in the territory and airspace of If a requestor wishes to make an If an approval request includes Somalia at altitudes below FL260. The electronic submission to the FAA, the classified information, requestors may FAA is clarifying the approval process requestor should contact the Air contact Aviation Safety Inspector Dale for SFAR No. 107, § 91.1613, consistent Transportation Division, Flight E. Roberts for instructions on submitting with other recently published flight Standards Service, at (202) 267–8166, to it to the FAA. His contact information prohibition SFARs, as previously obtain the appropriate email address. A is listed in the For Further Information indicated. If a department, agency, or single letter may request approval from Contact section of this final rule. instrumentality of the U.S. Government the FAA for multiple persons described FAA approval of an operation under determines it has a critical need to in SFAR No. 107, § 91.1613, or for SFAR No. 107, § 91.1613, does not engage any person described in SFAR multiple flight operations. To the extent relieve persons subject to this SFAR of No. 107, § 91.1613, including a U.S. air known, the letter must identify the their responsibility to comply with all carrier or commercial operator, to person(s) expected to be covered under other applicable FAA rules and conduct a charter to transport civilian or the SFAR on whose behalf the U.S. regulations. Operators of civil aircraft military passengers or cargo, or other Government department, agency, or must comply with the conditions of operations, in the territory and airspace instrumentality is seeking FAA their certificate, OpSpecs, and LOAs, as of Somalia at altitudes below FL260, approval, and it must describe— applicable. Operators must also comply that department, agency, or • The proposed operation(s), with all rules and regulations of other instrumentality may request the FAA to including the nature of the mission U.S. Government departments or approve persons described in SFAR No. being supported; agencies that may apply to the proposed • 107, § 91.1613, to conduct such The service to be provided by the operation(s), including, but not limited operations. person(s) covered by the SFAR; • to, regulations issued by the An approval request must be made To the extent known, the specific Transportation Security Administration. directly by the requesting department, locations in the territory and airspace of agency, or instrumentality of the U.S. Somalia at altitudes below FL260 where B. Approval Conditions Government to the FAA’s Associate the proposed operation(s) will be If the FAA approves the request, the Administrator for Aviation Safety in a conducted, including, but not limited FAA’s Aviation Safety Organization will letter signed by an appropriate senior to, the flight path and altitude of the send an approval letter to the requesting official of the requesting department, aircraft while it is operating in the department, agency, or instrumentality, agency, or instrumentality. The FAA territory and airspace of Somalia at informing it that the FAA’s approval is will not accept or consider requests for altitudes below FL260 and the airports, subject to all of the following approval from anyone other than the airfields or landing zones at which the conditions: requesting department, agency, or aircraft will take off and land; and (1) The approval will stipulate those instrumentality. In addition, the senior • The method by which the procedures and conditions that limit, to official signing the letter requesting department, agency, or instrumentality the greatest degree possible, the risk to FAA approval on behalf of the will provide, or how the operator will the operator, while still allowing the requesting department, agency, or otherwise obtain, current threat operator to achieve its operational instrumentality must be sufficiently information and an explanation of how objectives. positioned within the organization to the operator will integrate this (2) Before any approval takes effect, demonstrate the senior leadership of the information into all phases of the the operator must submit to the FAA: requesting department, agency, or proposed operations (i.e., the pre- (a) A written release of the U.S. instrumentality supports the request for mission planning and briefing, in-flight, Government from all damages, claims, approval and is committed to taking all and post-flight phases). and liabilities, including without necessary steps to minimize operational The request for approval must also limitation legal fees and expenses, risks to the proposed flights. The senior include a list of operators with whom relating to any event arising out of or official must also be in a position to: (1) the U.S. Government department, related to the approved operations in Attest to the accuracy of all agency, or instrumentality requesting the territory and airspace of Somalia at representations made to the FAA in the FAA approval has a current contract(s), altitudes below FL260; and request for approval and (2) ensure any grant(s), or cooperative agreement(s) (or (b) The operator’s written agreement support from the requesting U.S. its prime contractor has a to indemnify the U.S. Government with Government department, agency, or subcontract(s)) for specific flight respect to any and all third-party instrumentality described in the request operations in the territory and airspace damages, claims, and liabilities, for approval is in fact brought to bear of Somalia at altitudes below FL260. including without limitation legal fees and is maintained over time. Unless The requestor may identify additional and expenses, relating to any event justified by exigent circumstances, operators to the FAA at any time after arising from or related to the approved requests for approval must be submitted the FAA approval is issued. However, operations in the territory and airspace to the FAA no less than 30 calendar all additional operators must be of Somalia at altitudes below FL260.
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(3) Other conditions the FAA may found comprehensive, organized plans In conducting these analyses, the FAA specify, including those that may be and procedures of this nature to be has determined that this final rule has imposed in OpSpecs or LOAs, as helpful in facilitating the agency’s safety benefits that justify its costs. This rule applicable. evaluation of petitions for exemption is a significant regulatory action, as The release and agreement to from flight prohibition SFARs. defined in section 3(f) of Executive indemnify do not preclude an operator Additionally, the release and Order 12866, as it raises novel policy from raising a claim under an applicable agreement to indemnify, as referred to issues contemplated under that non-premium war risk insurance policy previously, are required as a condition Executive Order. As notice and issued by the FAA under chapter 443 of of any exemption that may be issued comment under 5 U.S.C. 553 are not title 49, U.S. Code. under SFAR No. 107, § 91.1613. required for this final rule, the If the FAA approves the proposed The FAA recognizes that the regulatory flexibility analyses described operation(s), the FAA will issue an operations that SFAR No. 107, in 5 U.S.C. 603 and 604 regarding OpSpec or LOA, as applicable, to the § 91.1613, might affect could include impacts on small entities are not operator(s) identified in the original operations planned for the governments required. This rule will not create request authorizing them to conduct the of other countries with the support of unnecessary obstacles to the foreign approved operation(s), and will notify the U.S. Government. While the FAA commerce of the United States. This the department, agency, or will not permit these operations through rule will not impose an unfunded instrumentality that requested the the approval process, the FAA will mandate on State, local, or tribal FAA’s approval of any additional consider exemption requests for such governments, or on the private sector, conditions beyond those contained in operations on an expedited basis and by exceeding the threshold identified the approval letter. prior to any private exemption requests. previously. If a petition for exemption includes VI. Information Regarding Petitions for security-sensitive or proprietary A. Regulatory Evaluation Exemption information, requestors may contact Due to the significant hazards to U.S. Any operations not conducted under Aviation Safety Inspector Dale E. civil aviation described in the preamble an approval the FAA issues through the Roberts for instructions on submitting it of this rule, this rule continues to approval process set forth previously to the FAA. His contact information is prohibit U.S. civil flights in the territory must be conducted under an exemption listed in the FOR FURTHER INFORMATION and airspace of Somalia at altitudes from SFAR No. 107, § 91.1613. A CONTACT section of this final rule. below FL260. The FAA believes there are very few U.S. operators who wish to petition for exemption must comply VII. Regulatory Notices and Analyses with 14 CFR part 11. The FAA will overfly Somalia at altitudes below consider whether exceptional Changes to Federal regulations must FL260 or operate to, from, or within circumstances exist beyond those undergo several economic analyses. Somalia due to the hazards to U.S. civil contemplated by the approval process First, Executive Orders 12866 and 13563 aviation described in the preamble to described in the previous section. In direct that each Federal agency shall this final rule. The FAA receives few addition to the information required by propose or adopt a regulation only upon requests for approval or petitions for 14 CFR 11.81, at a minimum, the a reasoned determination that the exemption to conduct flight operations requestor must describe in its benefits of the intended regulation in airspace managed by other countries submission to the FAA— justify its costs. Second, the Regulatory in which the FAA has prohibited U.S. • The proposed operation(s), Flexibility Act of 1980 (Pub. L. 96–354), civil aviation from flying and expects including the nature of the operation; as codified in 5 U.S.C. 603 et seq., that this pattern will hold true for this • The service to be provided by the requires agencies to analyze the rule. person(s) covered by the SFAR; economic impact of regulatory changes Consequently, the FAA estimates the • The specific locations in the on small entities. Third, the Trade costs of this rule to be minimal. These territory and airspace of Somalia at Agreements Act of 1979 (Pub. L. 96–39), minimal costs are exceeded by the altitudes below FL260 where the as codified in 19 U.S.C. chapter 13, benefits of avoided deaths, injuries, and proposed operation(s) will be prohibits agencies from setting property damage that could result from conducted, including, but not limited standards that create unnecessary a U.S. operator’s aircraft being shot to, the flight path and altitude of the obstacles to the foreign commerce of the down (or otherwise damaged) while aircraft while it is operating in the United States. In developing U.S. operating in the territory and airspace of territory and airspace of Somalia at standards, the Trade Agreements Act Somalia at altitudes below FL260. altitudes below FL260 and the airports, requires agencies to consider B. Regulatory Flexibility Act airfields or landing zones at which the international standards and, where aircraft will take off and land; appropriate, that they be the basis of The Regulatory Flexibility Act (RFA), • The method by which the operator U.S. standards. Fourth, the Unfunded in 5 U.S.C. 603, requires an agency to will obtain current threat information, Mandates Reform Act of 1995 (Pub. L. prepare an initial regulatory flexibility and an explanation of how the operator 104–4), as codified in 2 U.S.C. chapter analysis describing impacts on small will integrate this information into all 25, requires agencies to prepare a entities whenever an agency is required phases of its proposed operations (i.e., written assessment of the costs, benefits, by 5 U.S.C. 553, or any other law, to the pre-mission planning and briefing, and other effects of proposed or final publish a general notice of proposed in-flight, and post-flight phases); and rules that include a Federal mandate rulemaking for any proposed rule. • The plans and procedures the likely to result in the expenditure by Similarly, 5 U.S.C. 604 requires an operator will use to minimize the risks, State, local, or tribal governments, in the agency to prepare a final regulatory identified in this preamble, to the aggregate, or by the private sector, of flexibility analysis when an agency proposed operations, to establish that $100 million or more annually (adjusted issues a final rule under 5 U.S.C. 553, granting the exemption would not for inflation with base year of 1995). after being required by that section or adversely affect safety or would provide This portion of the preamble any other law to publish a general a level of safety at least equal to that summarizes the FAA’s analysis of the notice of proposed rulemaking. The provided by this SFAR. The FAA has economic impacts of this final rule. FAA found good cause to forgo notice
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and comment and any delay in the F. International Compatibility and the States, or the relationship between effective date for this rule. As notice and Cooperation the Federal Government and the States, comment under 5 U.S.C. 553 are not In keeping with U.S. obligations or on the distribution of power and required in this situation, the regulatory under the Convention on International responsibilities among the various flexibility analyses described in 5 U.S.C. Civil Aviation, it is FAA’s policy to levels of government, and, therefore, 603 and 604 are similarly not required. conform to International Civil Aviation would not have Federalism implications. C. International Trade Impact Organization (ICAO) Standards and Assessment Recommended Practices to the B. Executive Order 13211, Regulations maximum extent practicable. The FAA That Significantly Affect Energy Supply, The Trade Agreements Act of 1979 has determined that there are no ICAO Distribution, or Use (Pub. L. 96–39) prohibits Federal Standards and Recommended Practices The FAA analyzed this rule under agencies from establishing standards or that correspond to this regulation. The Executive Order 13211, Actions engaging in related activities that create FAA finds that this action is fully Concerning Regulations that unnecessary obstacles to the foreign consistent with the obligations under 49 Significantly Affect Energy Supply, commerce of the United States. U.S.C. 40105(b)(1)(A) to ensure that the Distribution, or Use (May 18, 2001). The Pursuant to this Act, the establishment FAA exercises its duties consistently agency has determined that it would not of standards is not considered an with the obligations of the United States be a ‘‘significant energy action’’ under unnecessary obstacle to the foreign under international agreements. the executive order and would not be commerce of the United States, so long While the FAA’s flight prohibition likely to have a significant adverse effect as the standard has a legitimate does not apply to foreign air carriers, on the supply, distribution, or use of domestic objective, such as the DOT codeshare authorizations prohibit energy. protection of safety, and does not foreign air carriers from carrying a U.S. operate in a manner that excludes codeshare partner’s code on a flight C. Executive Order 13609, Promoting imports that meet this objective. The segment that operates in airspace for International Regulatory Cooperation statute also requires consideration of which the FAA has issued a flight Executive Order 13609, Promoting international standards and, where prohibition. In addition, foreign air International Regulatory Cooperation, appropriate, that they be the basis for carriers and other foreign operators may (77 FR 26413, May 4, 2012) promotes U.S. standards. choose to avoid, or be advised or international regulatory cooperation to The FAA has assessed the potential directed by their civil aviation meet shared challenges involving effect of this final rule and determined authorities to avoid, airspace for which health, safety, labor, security, that its purpose is to protect the safety the FAA has issued a flight prohibition. environmental, and other issues and to of U.S. civil aviation from hazards to G. Environmental Analysis reduce, eliminate, or prevent their operations in the territory and unnecessary differences in regulatory The FAA has analyzed this action airspace of Somalia at altitudes below requirements. The FAA has analyzed under Executive Order 12114, FL 260, a location outside the U.S. this action under the policies and Environmental Effects Abroad of Major Therefore, the rule is in compliance agency responsibilities of Executive Federal Actions (44 FR 1957, January 4, with the Trade Agreements Act of 1979. Order 13609 and has determined that 1979), and DOT Order 5610.1C, this action would have no effect on D. Unfunded Mandates Assessment Paragraph 16. Executive Order 12114 international regulatory cooperation. requires the FAA to be informed of Title II of the Unfunded Mandates environmental considerations and take D. Executive Order 13771, Reducing Reform Act of 1995 (Pub. L. 104–4) those considerations into account when Regulation and Controlling Regulatory requires each Federal agency to prepare making decisions on major Federal Costs a written statement assessing the effects actions that could have environmental This rule is not subject to the of any Federal mandate in a proposed or impacts anywhere beyond the borders of requirements of Executive Order 13771 final agency rule that may result in an the United States. The FAA has (82 FR 9339, Feb. 3, 2017) because it is expenditure of $100 million or more (in determined that this action is exempt issued with respect to a national 1995 dollars) in any one year by State, pursuant to Section 2–5(a)(i) of security function of the United States. local, and tribal governments, in the Executive Order 12114 because it does aggregate, or by the private sector; such not have the potential for a significant IX. Additional Information a mandate is deemed to be a ‘‘significant effect on the environment outside the A. Availability of Rulemaking regulatory action.’’ The FAA currently United States. Documents uses an inflation-adjusted value of $155 In accordance with FAA Order million in lieu of $100 million. 1050.1F, ‘‘Environmental Impacts: An electronic copy of a rulemaking document may be obtained from the This final rule does not contain such Policies and Procedures,’’ paragraph 8– 6(c), FAA has prepared a memorandum internet by— a mandate. Therefore, the requirements • Searching the docket for this for the record stating the reason(s) for of Title II of the Act do not apply. rulemaking at https:// this determination; this memorandum E. Paperwork Reduction Act www.regulations.gov; has been placed in the docket for this • Visiting the FAA’s Regulations and The Paperwork Reduction Act of 1995 rulemaking. Policies web page at https:// (44 U.S.C. 3507(d)) requires that the VIII. Executive Order Determinations www.faa.gov/regulations_policies; or FAA consider the impact of paperwork • Accessing the Government and other information collection A. Executive Order 13132, Federalism Publishing Office’s website at https:// burdens imposed on the public. The The FAA has analyzed this rule under www.govinfo.gov. FAA has determined that there is no the principles and criteria of Executive Copies may also be obtained by new requirement for information Order 13132, Federalism. The agency sending a request (identified by collection associated with this final has determined that this action would amendment or docket number of this rule. not have a substantial direct effect on rulemaking) to the Federal Aviation
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Administration, Office of Rulemaking, paragraph (a) of this section may DEPARTMENT OF TRANSPORTATION ARM–1, 800 Independence Avenue SW, conduct flight operations in the territory Washington, DC 20591, or by calling and airspace of Somalia at altitudes Office of the Secretary (202) 267–9677. below Flight Level (FL) 260. Except for classified material, all 49 CFR Part 10 (c) Permitted operations. This section documents the FAA considered in does not prohibit persons described in developing this rule, including [Docket No. OST–2016–0028] paragraph (a) of this section from economic analyses and technical RIN 2105–AE76 reports, may be accessed from the conducting flight operations in the internet through the docket for this territory and airspace of Somalia under Maintenance of and Access to Records rulemaking. the following circumstances: Pertaining to Individuals (1) Overflights of Somalia may be B. Small Business Regulatory AGENCY: Office of the Secretary (OST), Enforcement Fairness Act conducted at or above FL260 subject to the approval of, and in accordance with U.S. Department of Transportation The Small Business Regulatory the conditions established by, the (DOT). Enforcement Fairness Act of 1996 appropriate authorities of Somalia. ACTION: Final rule. (SBREFA) (Pub. L. 104–121) (set forth as a note to 5 U.S.C. 601) requires FAA to (2) Flight operations may be SUMMARY: On February 6, 2019, the U.S. comply with small entity requests for conducted in the territory and airspace Department of Transportation (DOT) information or advice about compliance of Somalia at altitudes below FL260 if issued a notice of proposed rulemaking with statutes and regulations within its such flight operations are conducted requesting comment on proposed jurisdiction. A small entity with under a contract, grant, or cooperative exemptions from the Privacy Act’s questions regarding this document may agreement with a department, agency, or requirement that individuals have contact its local FAA official, or the instrumentality of the U.S. Government access to certain records maintained persons listed under the FOR FURTHER (or under a subcontract between the within a system of records for the INFORMATION CONTACT heading at the prime contractor of the U.S. Department’s Aviation Consumer beginning of the preamble. To find out Government department, agency, or Complaint Application Online System. more about SBREFA on the internet, instrumentality and the person This exemption is necessary to avoid visit http://www.faa.gov/regulations_ described in paragraph (a) of this disclosure of aviation compliance policies/rulemaking/sbre_act/. section) with the approval of the FAA inquiry techniques, confidential information provided by air carriers and List of Subjects in 14 CFR Part 91 or under an exemption issued by the FAA. The FAA will consider requests third parties, and prevent unwarranted Air traffic control, Aircraft, Airmen, for approval or exemption in a timely invasions of individual privacy. This Airports, Aviation safety, Freight, exemption also supports the manner, with the order of preference Somalia. Department’s ability to obtain being: First, for those operations in information relevant to resolving The Amendment support of U.S. Government-sponsored concerns related to an air carrier’s In consideration of the foregoing, the activities; second, for those operations compliance with the Department’s Federal Aviation Administration in support of government-sponsored consumer protection and civil rights amends chapter I of title 14, Code of activities of a foreign country with the requirements. The Department received Federal Regulations, as follows: support of a U.S. government two comments on this proposed rule. department, agency, or instrumentality; Upon consideration of the comments, PART 91—GENERAL OPERATING AND and third, for all other operations. the Department will finalize the FLIGHT RULES * * * * * proposed rule without change. ■ 1. The authority citation for part 91 is (e) Expiration. This SFAR will remain DATES: This final rule is effective revised to read as follows: in effect until January 7, 2023. The FAA December 11, 2019. Authority: 49 U.S.C. 106(f), 106(g), 40101, may amend, rescind, or extend this ADDRESSES: You may access docket 40103, 40105, 40113, 40120, 44101, 44111, SFAR as necessary. number DOT–OST–2016–0028 by any of the following methods: 44701, 44704, 44709, 44711, 44712, 44715, Issued in Washington, DC, under the 44716, 44717, 44722, 46306, 46315, 46316, • Federal Rulemaking Portal: Go to authority of 49 U.S.C. 106(f) and (g), 46504, 46506–46507, 47122, 47508, 47528– https://www.regulations.gov. 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), 47531, 47534, Pub. L. 114–190, 130 Stat. 615 • Mail: Docket Management Facility, on December 4, 2019. (49 U.S.C. 44703 note); articles 12 and 29 of U.S. Department of Transportation, 1200 the Convention on International Civil Steve Dickson, New Jersey Ave. SE, West Building Aviation (61 Stat. 1180), (126 Stat. 11). Administrator. Ground Floor, Room W12–140, ■ 2. In § 91.1613, revise paragraphs [FR Doc. 2019–26597 Filed 12–10–19; 8:45 am] Washington, DC 20590–0001. (a)(3), (b), (c), and (e) to read as follows: BILLING CODE 4910–13–P • Hand Delivery or Courier: West § 91.1613 Special Federal Aviation Building Ground Floor, Room W12–140, Regulation No. 107—Prohibition Against 1200 New Jersey Ave. SE, between 9:00 Certain Flights in the Territory and Airspace a.m. and 5:00 p.m. ET, Monday through of Somalia. Friday, except Federal holidays. (a) * * * FOR FURTHER INFORMATION CONTACT: (3) All operators of U.S.-registered Claire Barrett, Departmental Chief civil aircraft, except when the operator Privacy Officer, Office of the Chief of such aircraft is a foreign air carrier. Information Officer, U.S. Department of (b) Flight prohibition. Except as Transportation, 1200 New Jersey provided in paragraphs (c) and (d) of Avenue SE, Washington, DC 20590 or this section, no person described in [email protected] or (202) 366–8135.
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SUPPLEMENTARY INFORMATION: DOT file a request under the Freedom of the course of responding to a complaint, identifies a system of records that is Information Act to obtain access to it would impair DOT’s ability to exempt from one or more provisions of information about them that is adequately assess and respond to a the Privacy Act (pursuant to 5 U.S.C. maintained in this system of records. consumer complaint on behalf of the 552a(j) or (k)) both in the system of The second comment is from two law consumer. Notwithstanding the records notice published in the Federal students, who also wrote to express proposed exemption from the Privacy Register for public comment and in an concern with the proposed rule. These Act, first party requesters are still appendix to DOT’s regulations students stated that they are concerned entitled to information maintained in implementing the Privacy Act (49 CFR that the proposed exemption from the this system of records to the full extent part 10, appendix). This rule exempts Privacy Act’s access requirement creates required by the Freedom of Information records in the Aviation Consumer an impediment to potential litigants Act. With respect to the commenter’s Complaint Application Online System right to discovery under the Federal concern about discovery for litigation from subsection (d) (Access to Records) Rules of Civil Procedure, and that DOT’s purposes, this proposed exemption does of the Privacy Act to the extent that discretion to disclose information not limit a private litigant’s ability to records consist of investigatory material notwithstanding the Privacy Act seek discovery directly from an air compiled for law enforcement purposes exemption does not assuage their carrier. Nor does it restrict access to in accordance with 5 U.S.C. 552a(k)(2). concern. The commenters state further information from this system, or other DOT received two comments on the that the rule does not serve DOT’s agency records that are not part of this proposal. These comments were interest in supporting DOT’s ability to system of records, under the Freedom of submitted by law students. One conduct investigations, and undermines Information Act. This exemption also commenter, commenting anonymously, the public’s right of access to does not restrict access that is otherwise stated that she was commenting for a information. The commenters are provided for under the Privacy Act, class assignment. While the commenter concerned that the proposal would which includes disclosures pursuant to stated that he or she did not feel preclude individuals from being court order. qualified to comment, the commenter informed consumers by shielding from The commenters express particular expressed concern that the Department the public information about patterns of concern about information is tracking individuals who issue impermissible behavior by airlines. demonstrating a pattern of unlawful The Privacy Act, among other things, complaints against airlines. The conduct by an air carrier. The requires that Federal agencies provide commenter also asks that the Department agrees that this is valuable Department ensure that any person who individuals with access to information information for consumers and submits a complaint have access to the about themselves that is maintained by publishes information about consumer file in accordance with the Freedom of the agency in a system of records. complaints and other airline compliance Information Act. Individuals who request information DOT’s Office of the Assistant General about themselves maintained in a requirements, such as flight delays; Counsel for Aviation Enforcement and system of records are sometimes mishandled baggage, wheelchairs, and Proceedings monitors compliance with referred to as ‘‘first party requesters.’’ scooters; oversales; reports of lost, and investigates violations of Federal Under the Privacy Act, a system of injured or death of animals in air law and regulations related to aviation records is information about an transportation; and customer service economic, consumer protection, and individual that includes that reports to the Transportation Security civil rights requirements. The Aviation individuals name or other identifying Administration, on its website at Consumer Protection Division is housed particular assigned to the individual, https://www.transportation.gov/ within this Office and is tasked with such as a photograph, that is retrieved individuals/aviation-consumer- receiving complaints from the public by the agency by that individual’s name protection/air-travel-consumer-reports. regarding air carrier consumer issues, or other identifier assigned to the DOT also posts all of the enforcement including complaints of unlawful individual. orders the Office of the Assistant discriminatory treatment in air travel by The Aviation Consumer Complaint General Counsel for Aviation airline employees or contractors, and Application Online System is a system Enforcement and Proceedings has verifying air carriers’ compliance with of records that consists primarily of issued against air carriers on its website aviation consumer protection information provided by the individual at https://transportation.gov/ requirements. DOT maintains who submitted a complaint. It also airconsumer/enforcementorders. The information about individuals who includes information provided by the public may obtain additional submit complaints so that DOT can air carrier identified in the consumer information about air carriers under the appropriately address the complaint, complaint that is provided to DOT as Freedom of Information Act. including working with the complainant part of DOT’s efforts to help assess and After consideration of the comments, and air carrier to resolve the issue resolve the consumer complaint. In the the Department will finalize the identified in the complaint and to course of responding to a consumer proposed rule without change. This rule follow up with the complainant for complaint, air carriers sometimes is necessary to protect the identity of additional information or to inform the provide DOT with information that can confidential informants and confidential complainant of DOT’s analysis of the include identifying information about business information provided by air issue. DOT does not ‘‘track’’ persons the air carrier’s employees and third carriers, and protect the DOT’s who issue complaints against airlines, parties, or confidential business investigatory techniques. DOT will but rather, uses information about the information. Air carriers provide this continue to provide individuals with complainant to assist the complainant to information to the DOT voluntarily, and access to information maintained in this resolve the complaint. Individuals who it aids DOT’s efforts to resolve particular system under the Freedom of wish to complain, but are not seeking consumer complaints. If DOT could not Information Act, and under the Privacy DOT assistance to address their protect from a first party requester the Act, except to the extent that disclosure complaint with the air carrier, may identities of third parties or an air would reveal confidential informants, submit complaints anonymously. As the carrier’s confidential business confidential business information, or commentator noted, individuals may information provided by an air carrier in reveal DOT’s investigatory techniques.
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Regulatory Analysis and Notices listed in the Federal Highway spend, in aggregate, $143.1 million or Administration’s implementing more in any one year (adjusted for A. Executive Order 12866 (Regulatory procedures, ‘‘[p]romulgation of rules, inflation), an UMRA analysis is Planning and Review) and DOT regulations, and directives.’’ 23 CFR required. This final rule does not Regulatory Policies and Procedures 771.117(c)(20). The purpose of this impose Federal mandates on any State, DOT considered the impact of this rulemaking is to amend the Appendix to local, or tribal governments; or the rulemaking action under Executive DOT’s Privacy Act regulations. The private sector. Orders 12866 and 13563 (January 18, Department does not anticipate any H. Executive Order 13771, Reducing 2011, ‘‘Improving Regulation and environmental impacts and there are no Regulation and Controlling Regulatory Regulatory Review’’), and DOT Order extraordinary circumstances present in Costs 2100.6, ‘‘Policies and Procedures for connection with this rulemaking. Rulemakings.’’ DOT has determined that This rule is not an Executive Order this action will not constitute a D. Executive Order 13132 (Federalism) 13771 regulatory action because this significant regulatory action within the This action has been analyzed in rule is not significant under E.O. 12866. meaning of Executive Order 12866 and accordance with the principles and within the meaning of DOT regulatory criteria contained in Executive Order I. Congressional Review Act policies and procedures. This 13132, Federalism, dated August 4, rulemaking has not been reviewed by 1999, and it has been determined that it Pursuant to the Congressional Review the Office of Management and Budget. will not have a substantial direct effect Act (5 U.S.C. 801 et seq.), the Office of This rulemaking will not result in any on, or sufficient Federalism lnformation and Regulatory Affairs costs. Since these records would be implications for, the States, nor would designated this rule as not a ’major rule’, exempt from certain provisions of the it limit the policymaking discretion of as defined by 5 U.S.C. 804(2). Privacy Act, DOT would not have to the States. Therefore, the preparation of List of Subjects in 49 CFR Part 10 expend any funds in order to administer a Federalism Assessment is not those aspects of the Act. necessary. Penalties, Privacy. B. Regulatory Flexibility Act E. Executive Order 13084 (Consultation In consideration of the foregoing, DOT DOT has evaluated the effect these and Coordination With Indian Tribal amends part 10 of title 49, Code of changes will have on small entities and Governments) Federal Regulations, as follows: does not believe that this rulemaking This action has been analyzed in will impose any costs on small entities accordance with the principles and PART 10—MAINTENANCE OF AND because the reporting requirements criteria contained in Executive Order ACCESS TO RECORDS PERTAINING themselves are not changed and because 13084 (‘‘Consultation and Coordination TO INDIVIDUALS the rule applies only to information on with Indian Tribal Governments’’). individuals that is maintained by the Because it would not have any effect ■ 1. The authority citation for part 10 Federal Government or that is already Indian Tribal Governments, the funding continues to read as follows: publicly available. Therefore, I hereby and consultation requirements of Authority: 5 U.S.C. 552a; 49 U.S.C. 322. certify that this rule will not have a Executive Order 13084 do not apply. significant economic impact on a ■ 2. Amend Part II of appendix A by substantial number of small entities. F. Paperwork Reduction Act adding section H to read as follows: Under the Paperwork Reduction Act C. National Environmental Policy Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Appendix A to Part 10—Exemptions DOT has analyzed the environmental Federal agencies must obtain approval Part II. Specific Exemptions impacts of this final action pursuant to from the Office of Management and * * * * * the National Environmental Policy Act Budget for each collection of H. The following systems of records are of 1969 (42 U.S.C. 4321 et seq.) and has information they conduct, sponsor, or exempt from subsection (d) (Access to determined that it is categorically require through regulations. DOT has Records) of the Privacy Act, 5 U.S.C. 552a, excluded pursuant to DOT Order determined that this action does not to the extent that they contain investigatory 5610.1C, Procedures for Considering contain a collection of information material compiled for law enforcement Environmental Impacts (44 FR 56420, requirement for the purposes of the purposes, in accordance with 5 U.S.C. Oct. 1, 1979). Categorical exclusions are PRA. 552a(k)(2): actions identified in an agency’s NEPA 1. Aviation Consumer Complaint implementing procedures that do not G. Unfunded Mandates Reform Act Appropriation System, maintained by the normally have a significant impact on Title II of the Unfunded Mandates Office of the Assistant General Counsel for the environment and therefore do not Reform Act of 1995 (UMRA) (Pub. L. Aviation Enforcement and Proceedings in the require either an environmental 104–4, 109 Stat. 48, March 22, 1995) Office of the Secretary (DOT/OST 102). assessment (EA) or environmental requires Federal agencies to assess the This exemption is justified because granting an individual access to investigatory impact statement (EIS). See 40 CFR effects of certain regulatory actions on records could interfere with the overall law 1508.4. In analyzing the applicability of State, local, and tribal governments, and enforcement process by revealing a sensitive a categorical exclusion, the agency must the private sector. The UMRA requires investigative technique, or confidential also consider whether extraordinary a written statement of economic and sources or information. circumstances are present that would regulatory alternatives for proposed and warrant the preparation of an EA or EIS. final rules that contain Federal Issued in Washington, DC, on December 4, Id. Paragraph 3.c.5 of DOT Order mandates. A ‘‘Federal mandate’’ is a 2019. 5610.1C incorporates by reference the new or additional enforceable duty, Elaine L. Chao, categorical exclusions for all DOT imposed on any State, local, or tribal Secretary. Operating Administrations. This action Government; or the private sector. If any [FR Doc. 2019–26668 Filed 12–10–19; 8:45 am] is covered by the categorical exclusion Federal mandate causes those entities to BILLING CODE 4910–9X–P
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DEPARTMENT OF COMMERCE 622.193(h)(2)(i), NMFS is required to opportunity for public comment would close the recreational sector for the require time and would potentially National Oceanic and Atmospheric deep-water complex when the allow the recreational sector to further Administration recreational ACL has been reached, or is exceed its ACL. projected to be reached, by filing a For the aforementioned reasons, the 50 CFR Part 622 notification to that effect with the Office AA also finds good cause to waive the [Docket No.100812345–2142–03; RTID 0648– of the Federal Register, unless NMFS 30-day delay in the effectiveness of this XS018] determines that no closure is necessary action under 5 U.S.C. 553(d)(3). based on the best scientific information Authority: 16 U.S.C. 1801 et seq. Snapper-Grouper Fishery of the South available. NMFS has determined that Atlantic; 2019 Recreational the recreational sector has exceeded the Dated: December 5, 2019. Accountability Measure and Closure ACL for this complex. Therefore, this Jennifer M. Wallace, for the South Atlantic Deep-Water temporary rule implements an AM to Acting Director, Office of Sustainable Complex close the recreational sector for the Fisheries, National Marine Fisheries Service. deep-water complex in the South [FR Doc. 2019–26640 Filed 12–6–19; 4:15 pm] AGENCY: National Marine Fisheries Atlantic EEZ, effective 12:01 a.m., local BILLING CODE 3510–22–P Service (NMFS), National Oceanic and time, December 11, 2019, until January Atmospheric Administration (NOAA), 1, 2020, the start of the next fishing Commerce. year. DEPARTMENT OF COMMERCE ACTION: Temporary rule; closure. During the recreational closure, the bag and possession limits for the fish in National Oceanic and Atmospheric SUMMARY: NMFS implements an the deep-water complex in or from the Administration accountability measure (AM) for the South Atlantic EEZ are zero. Therefore, recreational sector for the snapper- as of 12:01 a.m. on December 11, 2019, 50 CFR Part 660 grouper deep-water complex no recreational harvest of fish in the [Docket No. 191204–0101] (yellowedge grouper, silk snapper, misty deep-water complex from the South grouper, queen snapper, sand tilefish, Atlantic EEZ is allowed for the RIN 0648–BI99 and blackfin snapper) in the South remainder of the 2019 fishing year. Atlantic for the 2019 fishing year Magnuson-Stevens Act Provisions; Classification through this temporary rule. NMFS has Fisheries Off West Coast States; determined that recreational landings of The Regional Administrator, Pacific Coast Groundfish Fishery; the deep-water complex have exceeded Southeast Region, NMFS, has Seabird Bycatch Avoidance Measures determined this temporary rule is the recreational annual catch limit AGENCY: National Marine Fisheries (ACL). Therefore, NMFS closes the necessary for the conservation and Service (NMFS), National Oceanic and recreational sector for this complex on management of the deep-water complex, Atmospheric Administration (NOAA), December 11, 2019, through the a component of the South Atlantic Department of Commerce. remainder of the 2019 fishing year in snapper-grouper fishery, and is ACTION: Final rule. the exclusive economic zone (EEZ) of consistent with the Magnuson-Stevens the South Atlantic. This closure is Act and other applicable laws. SUMMARY: This rule requires commercial necessary to protect the species in the This action is taken under 50 CFR groundfish bottom longline vessels 26 deep-water complex. 622.193(h)(2)(i) and is exempt from feet (7.9 meters (m)) length overall and review under Executive Order 12866. DATES: This rule is effective 12:01 a.m., longer managed under the Pacific Coast These measures are exempt from the local time, December 11, 2019, until Groundfish Fishery Management Plan to procedures of the Regulatory Flexibility 12:01 a.m., local time, January 1, 2020. use streamer lines while setting gear or Act because the temporary rule is issued to set gear between civil dusk and civil FOR FURTHER INFORMATION, CONTACT: without opportunity for prior notice and Frank Helies, NMFS Southeast Regional dawn (night set) when fishing in Federal public comment. ° Office, telephone: 727–824–5305, email: This action responds to the best waters north of 36 North latitude. The [email protected]. scientific information available. The action is necessary to fulfill terms and SUPPLEMENTARY INFORMATION: The Assistant Administrator for NOAA conditions of a 2017 United States Fish snapper-grouper fishery of the South Fisheries (AA) finds that the need to and Wildlife Service Biological Opinion Atlantic includes the deep-water immediately implement this action to to minimize incidental take of complex, which includes yellowedge close the recreational sector for the Endangered Species Act-listed short- grouper, silk snapper, misty grouper, deep-water complex constitutes good tailed albatross (Phoebastria albatrus) queen snapper, sand tilefish, and cause to waive the requirements to by vessels in the Pacific Coast blackfin snapper, and is managed under provide prior notice and opportunity for groundfish fishery. This rule is intended the Fishery Management Plan for the public comment pursuant to the to promote the goals and objectives of Snapper-Grouper Fishery of the South authority set forth in 5 U.S.C. 553(b)(B), the Magnuson-Stevens Fishery Atlantic Region (FMP). The FMP was as such procedures are unnecessary and Conservation and Management Act, the prepared by the South Atlantic Fishery contrary to the public interest. Such Pacific Coast Groundfish Fishery Management Council and is procedures are unnecessary because the Management Plan, and other applicable implemented by NMFS under the rule implementing the AM itself has laws, including the Endangered Species authority of the Magnuson-Stevens been subject to notice and comment, Act. Fishery Conservation and Management and all that remains is to notify the DATES: This final rule is effective Act (Magnuson-Stevens Act) by public of the closure. Such procedures January 10, 2020. regulations at 50 CFR part 622. are contrary to the public interest ADDRESSES: Electronic copies of The recreational ACL for the deep- because of the need to immediately supporting documents referenced in this water complex is 38,628 lb (17,521 kg), implement this action to protect the final rule, including a Regulatory Impact round weight. Under 50 CFR deep-water complex. Prior notice and Review/Initial Regulatory Flexibility
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Analysis (Analysis), which addresses the use of single streamer lines on boats latitude due to the rare presence of the statutory requirements of the 26–55 feet (7.9–16.8 m) in length, or short-tailed albatross in this area, and as Magnuson-Stevens Fishery (ii) Set longlines after civil sunset. a result, decreased likelihood of Conservation and Management Act, The ITS requires that NMFS interaction with fishing gear. This Presidential Executive Order 12866, and implement these regulation changes as exemption applies to all sizes of vessels; the Regulatory Flexibility Act are soon as practical, but initiation of therefore, it creates a new exemption for available at the NMFS West Coast implementation shall not exceed a the vessels greater than or equal to 55 Region website at https:// three-year period after the date of the ft (16.8 m) LOA that have been subject www.fisheries.noaa.gov/species/west- Biological Opinion. to streamer line requirements since coast-groundfish and at the Pacific The Council evaluated the 2015. Fishery Management Council’s website requirements of the ITS and analyzed an Bottom longline gear includes snap at http://www.pcouncil.org. action to amend the regulations gear, which is a variant of this gear type implementing the FMP to address in which the gangion and hook are FOR FURTHER INFORMATION CONTACT: seabird bycatch in the fishery at its attached to the groundline by means of Keeley Kent, phone: 206–526–4655, or November 2018, April 2019, and June a mechanical fastener or snap, usually email: [email protected]. 2019 meetings. The Council during gear deployment. Because vessel SUPPLEMENTARY INFORMATION: recommended a preferred alternative at operators may snap the gangion and its April 2019 meeting and took final hook to the groundline during Background action in June 2019. The Council deployment, this gear configuration The purpose of this rule is to reduce deemed the proposed regulations often means that vessels deploy the gear interactions between seabirds, consistent with and necessary to at a slower speed than standard bottom especially Endangered Species Act- implement the changes to the Seabird longline gear. This rule requires a listed species, and groundfish longline Avoidance Program in an August 15, different streamer line configuration for gear. Longline vessels fishing under the 2019, letter from Council Chairman Phil vessels using snap gear that are greater Pacific Coast Groundfish Fishery Anderson to Regional Administrator than or equal to 26 ft (7.9 m) and less Management Plan (FMP) interact with Barry Thom. Additional discussion of than 55 ft (16.8 m) LOA to accommodate short-tailed albatross, which are listed the background and rationale for the the slower snap gear deployment speed as endangered under the Endangered Council’s development of changes to the and is consistent with the existing Species Act (ESA). A 2012 U.S. Fish and Seabird Avoidance Program regulations regulations for vessels greater than or Wildlife Service (USFWS) Biological is included in the proposed rule (84 FR equal to 55 ft (16.8 m) LOA. Opinion on the continued operation of 48094; September 12, 2019) and is not A portion of the vessels participating the Pacific Coast groundfish fishery repeated here. Detailed information, in this fishery use a variant of bottom required vessels 55 feet (ft) (16.8 m) and including the supporting documentation longline gear where floats are attached longer length overall (LOA) using the Council considered while to the mainline at the midpoint between bottom longline gear (as defined in 50 developing these recommendations, is the weights that sink the gear to the CFR 660.11) to use streamer lines (80 FR available at the Council’s website, seafloor. The floats elevate the mainline 71975; November 18, 2015) to reduce www.pcouncil.org. off the seafloor to minimize depredation by ‘‘sea lice’’ (isopods) and hagfish, seabird interactions. Smaller vessels Seabird Bycatch Avoidance Measures were not included in the requirement. which can occur when baited hooks are This rule amends the Seabird immobile on the seafloor. While the However, research since then has shown Avoidance Program regulations for the that vessel size is not a limiting factor floats elevate the mainline, this gear is Pacific Coast groundfish fishery at 50 still predominantly in contact with the on seabird interactions (USFWS CFR 660.21 to implement the Biological Opinion 2017). seafloor, and therefore is categorized as requirements of the 2017 USFWS bottom longline gear as opposed to In 2015, the Pacific Fishery Biological Opinion. This rule extends pelagic longline gear. Because of the Management Council’s (Council) the streamer line requirements slower sink rate of floated longline gear, Groundfish Endangered Species Act previously in place for vessels greater streamer lines are less effective in Workgroup estimated that incidental than or equal to 55 ft (16.8 m) LOA to minimizing seabird bycatch. With take of short-tailed albatross in vessels greater than or equal to 26 ft (7.9 floated gear, that portion of the longline groundfish longline fisheries exceeded m) and less than 55 ft (16.8 m) LOA adjacent to the float is exposed to the incidental take level allowed in the using bottom longline gear, as defined seabird attacks well beyond the extent 2012 Biological Opinion (Section 1.2 of under 50 CFR 660.11, when fishing of the streamer lines. Due to safety the Analysis). Thus, NMFS reinitiated north of 36° N latitude. This rule also concerns, difficulty in assessing the consultation in 2016 with the USFWS exempts all Pacific coast groundfish number of vessels using floated longline pursuant to Section 7 of the ESA. On vessels subject to seabird avoidance gear because of data limitations, and May 2, 2017, USFWS published its new requirements from streamer line concerns about the burden such a Biological Opinion on the fishery. The requirements when night setting and requirement would place on vessels that Incidental Take Statement (ITS) in the exempts vessels greater than or equal to may typically only conduct day trips, 2017 Biological Opinion lists 26 ft (7.9 m) and less than 55 ft (16.8 the Council did not include special nondiscretionary terms and conditions, m) LOA from using streamer lines when requirements for floated mainline gear one of which requires NMFS to amend a National Weather Service (NWS) at this time. However, we acknowledge the fishery regulations to require vessels Small Craft Advisory for Winds is that there are concerns with the fishing for groundfish in Federal waters declared. This section describes the effectiveness of streamer lines for that use longline gear to: types of gear used in the fishery and the reducing seabird interactions for floated (i) Employ streamer lines in the expanded seabird bycatch avoidance mainline gear. NMFS intends to pursue commercial longline fishery of the measures and exemptions. further research on this issue and to Pacific Coast Ground Fishery consistent The Council recommended, and fulfill the terms and conditions of the with the Alaska streamer line NMFS is implementing, an exemption 2017 Biological Opinion, which directs regulations for Federal waters, including for vessels fishing south of 36° N NMFS to conduct research that
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investigates new or improved methods streamers attached) and one or more Highly Migratory Species fishery to of reducing bycatch of short-tailed float devices at the terminal end. target tuna, swordfish, and other albatross that are safe and effective 2. Have a buoy bag line that hangs billfish. More information about the within the longline fishery. Additional over the area where baited hooks may be West Coast Highly Migratory Species discussion of NMFS and Council accessible to seabirds, which is fishery can be found at https:// consideration of this gear subtype is generally within 6.5 feet (2 m) of the sea www.fisheries.noaa.gov/management- included in the proposed rule (84 FR surface. plan/west-coast-highly-migratory- 48094; September 12, 2019) and is not This rule exempts all Pacific coast species-management-plan. repeated here. groundfish vessels subject to seabird Comment 2: The proposed rule does This rule requires the following avoidance requirements from streamer not reflect the direction in the Council’s configurations of streamer lines for line requirements when night setting. In motion to develop enforceable floated vessels greater than or equal to 26 ft (7.9 the rule, we define night setting as mainline gear configurations that can m) and less than 55 ft (16.8 m) LOA. deployment of gear between civil dusk sink within the streamer line zone to Vessels with mast, poles, and rigging (defined as one hour after local sunset) reduce seabird interactions. and not using snap gear would be and civil dawn (defined as one hour Response: As discussed in the required to use a single streamer line before local sunrise). This exemption proposed rule and elsewhere in this while setting gear. The single streamer applies to all sizes of vessels and final rule, the Council acknowledged line must: therefore creates a new exemption for concerns with the effectiveness of 1. Be a minimum of 300 ft (91.4 m) the vessels greater than or equal to 55 streamer lines for reducing seabird in length; ft (16.8 m) LOA that have been subject interactions for floated mainline gear 2. Have streamers spaced every 16.4 ft to streamer line requirements since and requested NMFS and the industry (5 m); 2015. collaborate on research on strategies to 3. Be deployed before the first hook is Finally, this rule includes weather modify floated mainline gear so that set in such a way that streamers are in safety exemptions due to the risk of streamer lines are more effective, or the air for a minimum of 131.2 ft (40 m) entanglement of streamer lines in adjust the configuration of streamer aft of the stern and within 6.6 ft (2 m) fishing gear in high winds. In addition lines to make them more effective for horizontally of the point where the main to the existing weather safety floated mainline gear. NMFS intends to groundline enters the water; exemptions for vessels greater than or pursue further research both to meet the 4. Have individual streamers that equal to 55 ft (16.8 m) LOA, this rule Council’s recommendation and to fulfill hang attached to the mainline to 9.8 in includes a weather safety exemption for the terms and conditions of the 2017 (0.25 m) above the waterline in the vessels greater than or equal to 26 ft (7.9 Biological Opinion, which directs absence of wind; m) and less than 55 ft (16.8 m) LOA NMFS to conduct research that 5. Have at least eight streamers out of when fishing in an area under a NWS investigates new or improved methods the water aft of the vessel; and Small Craft Advisory for winds (winds of reducing bycatch of short-tailed 6. Have streamers constructed of 21 to 33 knots) or in an area seaward of albatross that are safe and effective material that is brightly colored, UV- such an area. within the longline fishery. This term 3 and condition also specifically notes protected plastic tubing or ⁄8 inch (9.5 Comments and Responses millimeters (mm)) polyester line or that NMFS should pursue research on material of an equivalent density. NMFS solicited public comment on the effect of floating gear on short-tailed Vessels with mast, poles, and rigging the proposed seabird avoidance albatross bycatch and improved and using snap gear must use a single measures (84 FR 48094, September 12, methods to minimize risk of bycatch. streamer line while setting gear. The 2019). The comment period ended Comment 3: There was no mention of single streamer line must: October 15, 2019. NMFS received two penalties for failure to comply with the 1. Be a minimum of 147.6 ft (45 m) comment letters: One from the National requirements of the regulation. To be in length; Audubon Society on behalf of five effective, this regulation should have 2. Have streamers spaced every 16.4 ft organizations and the other from a some indication of how compliance will (5 m); private citizen. The comment letters be measured and whether, if any, 3. Be deployed before the first hook is raise similar issues regarding the penalties exist for noncompliance. set in such a way that streamers are in potential need for additional NMFS Response: The proposed rule the air for a minimum of 65.6 ft (20 m) actions. The letters are available in their described the general requirements, as aft of the stern and within 6.6 ft (2 m) entirety from NMFS (see ADDRESSES) or well as the gear requirements and horizontally of the point where the main at the following web address: https:// performance standards that apply to groundline enters the water; www.regulations.gov/docket?D=NOAA- vessel operators. The requirements and 4. Have individual streamers that NMFS-2019-0063. standards of the seabird avoidance hang attached to the mainline to 9.8 in Comment 1: The proposed regulations program are enforceable under the (0.25 m) above the waterline in the do not address the bycatch issue posed Magnuson-Stevens Fishery absence of wind; by pelagic (non-bottom) longline Conservation and Management Act 5. Have at least four streamers out of fishing. NMFS should consider (Magnuson-Stevens Act). The the water aft of the vessel; and extending the requirement for streamer enforcement policy and penalties of the 6. Have streamers constructed of lines to all forms of longline fishing. Magnuson-Stevens Act are described in material that is brightly colored, UV- Response: This comment is outside the Code of Federal Regulations (50 CFR protected plastic tubing or 3⁄8 inch (9.5 the scope of this action. As noted earlier parts 600.735 and 600.740). mm) polyester line or material of an in this preamble in the ‘‘Seabird Comment 4: The proposed rule fails to equivalent density. Bycatch Avoidance Measures’’ section, acknowledge the Council’s motion to Vessels without mast, poles, and this rule applies to bottom longline gear, account for current uncertainties and rigging must use at least one buoy bag which includes floated longline gear. future changes to the overlap of short- line while setting gear: The West Coast groundfish fishery does tailed albatrosses and fleet effort. In its 1. A buoy bag line consists of two not use pelagic longlines. Pelagic final rule, NMFS must acknowledge the components: A length of line (without longline gear is used in the West Coast Council’s motion, and include tasks and
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timeline for NMFS to review and report detailed in § 660.21(c)(1)(v). The and a statement of any changes made in back to the Council on short-tailed requirement that NMFS disseminate the proposed rule as a result of such albatross telemetry or observer data short-tailed albatross disposition comments; south of 36° N latitude. instructions for fishers and observers in 3. The response of the agency to any Response: The Council and NMFS the Pacific Coast groundfish fishery has comments filed by the Chief Counsel for will revisit the exemption for vessels been in place since the 2012 Biological Advocacy of the Small Business fishing south of 36° N latitude as new Opinion completed by the USFWS; the Administration (SBA) in response to the data become available. The appropriate change in regulations in this final rule proposed rule, and a detailed statement venue for this analysis is the Council’s would clarify that those instructions of any change made to the proposed rule Groundfish Endangered Species also apply to trawl vessels. This change in the final rule as a result of the Workgroup, which meets at least from the proposed rule is not comments; biennially. The Groundfish Endangered substantive, has no on-the-water effects, 4. A description and an estimate of Species Workgroup includes five NMFS and will reduce potential confusion the number of small entities to which employees with expertise in marine regarding handling and reporting the rule will apply, or an explanation of mammals, fish, sea turtles, and seabirds. requirements for short-tailed albatross. why no such estimate is available; NMFS intends to ensure new data on 5. A description of the projected any changes to the overlap of short- Classification reporting, recordkeeping, and other tailed albatrosses and fleet effort is Pursuant to sections 304(b)(1)(A) of compliance requirements of the rule, incorporated into the ESA Workgroup’s the Magnuson-Stevens Act, the NMFS including an estimate of the classes of analysis and therefore made available to Assistant Administrator has determined small entities which will be subject to the Council and NMFS for further that this rule is consistent with the the requirement and the type of consideration. The Council’s FMP, other provisions of the Magnuson- professional skills necessary for Groundfish Endangered Species Stevens Act, and other applicable law. preparation of the report or record; and Workgroup biennially reviews bycatch NMFS prepared a final regulatory 6. A description of the steps the estimates for certain ESA-listed species flexibility analysis (FRFA) under section agency has taken to minimize the taken in the fishery, including short- 604 of the Regulatory Flexibility Act significant economic impact on small tailed albatross. The Workgroup can (RFA), which incorporates the initial entities consistent with the stated make recommendations to the Council regulatory flexibility analysis (IRFA). A objectives of applicable statutes, on data collection or management summary of any significant issues raised including a statement of the factual, actions necessary to evaluate or by the public comments in response to policy, and legal reasons for selecting minimize incidental take of these the IRFA, NMFS’s responses to those the alternative adopted in the final rule species in the groundfish fishery. The comments, and a summary of the and why each one of the other Council can then choose to further analyses completed to support the significant alternatives to the rule analyze and develop these action are addressed below. NMFS also considered by the agency which affect recommendations for implementation in prepared a Regulatory Impact Review the impact on small entities was the groundfish fishery. (RIR) for this action. A copy of the RIR rejected. The ‘‘universe’’ of entities to be Changes From the Proposed Rule is available from NMFS (see ADDRESSES), and per the requirements of considered in a FRFA generally There is one non-substantive change 5 U.S.C. 604(a), the text of the FRFA includes only those small entities that to the regulations implemented in this follows: can reasonably be expected to be final rule from those in the proposed directly regulated by the action. If the Final Regulatory Flexibility Analysis rule. NMFS determined that additional effects of the rule fall primarily on a regulatory changes were required to As applicable, section 604 of the distinct segment of the industry, or effectuate the purpose and intent Regulatory Flexibility Act (RFA) portion thereof (e.g., user group, gear described in the proposed rule. requires an agency to prepare a final type, geographic area), that segment will Specifically, additional regulatory regulatory flexibility analysis (FRFA) be considered the universe for purposes changes were needed to clarify after being required by that section or of this analysis. implementation of the terms and any other law to publish a general In preparing a FRFA, an agency may conditions of the 2017 USFWS notice of proposed rulemaking and provide either a quantifiable or Biological Opinion regarding reporting when an agency promulgates a final rule numerical description of the effects of a and handling requirements for short- under section 553 of Title 5 of the U.S. rule (and alternatives to the rule), or tailed albatross. The regulations in the Code. The following paragraphs more general descriptive statements, if proposed rule clarified the reporting constitute the FRFA for this action. quantification is not practicable or and handling requirements for short- This FRFA incorporates the Initial reliable. tailed albatross for vessels in the bottom Regulatory Flexibility Analysis (IRFA), a longline fishery consistent with the summary of any significant issues raised Need for and Objective of This Final 2017 Biological Opinion. This final rule by the public comments, NMFS’s Rule modifies existing regulations at responses to those comments, and a The need for and objective of this §§ 660.140(g)(1) and (g)(3)(ii)(B) and summary of the analyses completed to final rule is described above in the 660.604(p)(1)(ii) to ensure consistency support the action. Analytical Background section of the preamble and for the reporting and handling requirements for the FRFA are described not repeated here. requirements regarding short-tailed in the RFA, section 604(a)(1) through Summary of Significant Issues Raised albatross for vessels in the Pacific Coast (6). FRFAs contain: groundfish fishery. This change in the 1. A statement of the need for, and During Public Comment regulations clarifies that vessels using objectives of, the rule; NMFS published a proposed rule to trawl gear while fishing under the 2. A statement of the significant issues modify the Seabird Avoidance Program Pacific Coast groundfish FMP follow the raised by the public comments in for the West Coast groundfish fishery on handling and reporting requirements for response to the IRFA, a statement of the September 12, 2019 (84 FR 48094). An injured or dead short-tailed albatross as assessment of the agency of such issues, IRFA was prepared and summarized in
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the Classification section of the small entities. These counts are the to all members of the groundfish email preamble to the proposed rule. The maximum estimate, as vessels move in group. To sign-up for the groundfish comment period on the proposed rule and out of the fishery between years. email group, click on the ‘‘subscribe’’ ended on October 15, 2019. NMFS There is not a strict one-to-one link on the following website: https:// received two comment letters on the correlation between vessels and entities; www.fisheries.noaa.gov/species/west- proposed rule. No comments were some persons or firms likely have coast-groundfish#commercial. The received specific to the IRFA. The Chief ownership interests in more than one guide and this final rule will also be Counsel for Advocacy of the SBA did vessel. Furthermore, as discussed in available on the West Coast Region’s not file any comments on the IRFA or Section 3.5.4 of the Analysis, most of website (see ADDRESSES) and upon the proposed rule. these vessels had a relatively low level request. of participation in the fishery during the A Description and an Estimate of the baseline period, although in principal List of Subjects in 50 CFR Part 660 Number of Small Entities to Which the any level of participation would trigger Fisheries, Fishing, Reporting and Rule Will Apply seabird avoidance requirements recordkeeping requirements. The RFA (5 U.S.C. 601 et seq.) (streamer line use, night setting). Given Dated: December 4, 2019. requires government agencies to assess these factors, the actual number of Samuel D. Rauch III, the effects that regulatory alternatives entities regulated by this action could be would have on small entities, defined as lower than the preceding estimates. Deputy Assistant Administrator for any business/organization Regulatory Programs, National Marine Fisheries Service. independently owned and operated and Recordkeeping, Reporting, and Other not dominant in its field of operation Compliance Requirements For the reasons set out in the (including its affiliates). A small There are no reporting or record- preamble, 50 CFR part 660 is amended harvesting business has combined keeping requirements with this final as follows: annual receipts of $11 million or less for rule. All longline vessels, whether all affiliated operations worldwide. A classified as small or not, will be subject PART 660—FISHERIES OFF WEST small fish-processing business is one to new compliance requirements under COAST STATES that employs 750 or fewer persons for this final rule to either use streamer ■ 1. The authority citation for part 660 all affiliated operations worldwide. lines or night set in order to reduce continues to read as follows: For marinas and charter/party boats, a seabird interactions. small business is one that has annual Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. receipts not in excess of $7.5 million. A Description of Significant Alternatives 773 et seq., and 16 U.S.C. 7001 et seq. wholesale business servicing the fishing to This Final Rule That Minimize ■ 2. In § 660.21, revise paragraphs (b) industry is a small business if it Economic Impacts on Small Entities introductory text, (b)(1), and (c)(1) employs 100 or fewer persons on a full There are no significant alternatives to through (3) to read as follows: time, part time, temporary, or other this final rule that would accomplish basis, at all its affiliated operations the stated objectives in a way that § 660.21 Seabird Avoidance Program. worldwide. A nonprofit organization is would reduce economic impacts of the * * * * * determined to be ‘‘not dominant in its final rule on small entities. This action (b) Applicability. The requirements field of operation’’ if it is considered responds to a non-discretionary term specified in paragraph (c) of this section small under one of the following Small and condition in the 2017 USFWS apply to the following fishing vessels Business Administration (SBA) size Biological Opinion, which specifies the when operating within the EEZ north of standards: Environmental, conservation, seabird avoidance measures that must 36° N latitude: or professional organizations are be implemented to reduce the risk of (1) Vessels greater than or equal to 26 considered small if they have combined incidental take of short-tailed albatross. ft (7.9 m) LOA engaged in commercial annual receipts of $15 million or less, For that reason, there are no significant fishing for groundfish with bottom and other organizations are considered alternatives to the action evaluated in longline gear, including snap gear, as small if they have combined annual this FRFA. defined under ‘‘Fishing gear’’ in receipts of $7.5 million or less. § 660.11, including those operating The RFA defines small governmental Small Entity Compliance Guide under the gear switching provisions of jurisdictions as governments of cities, Section 212 of the Small Business the Limited Entry Trawl Fishery, counties, towns, townships, villages, Regulatory Enforcement Fairness Act of Shorebased IFQ Program as specified in school districts, or special districts with 1996 states that, for each rule or group § 660.140(k), or those operating under populations of less than 50,000. of related rules for which an agency is the limited entry fixed gear fishery in This rule would directly affect required to prepare a final regulatory subpart E or under the open access groundfish longline vessels. These flexibility analysis, the agency shall fishery in subpart F of this part, except vessels are defined as small entities publish one or more guides to assist as provided in paragraphs (b)(2) of this based on the criteria provided above. small entities in complying with the section. Baseline information reported in rule, and shall designate such * * * * * Section 3.5.2 of the Analysis suggests publications as ‘‘small entity (c) * * * that as many as 387 of such vessels compliance guides.’’ The agency shall (1) General requirements. The greater than or equal to 26 ft (7.9 m) and explain the actions a small entity is operator of a vessel described in less than 55 ft (16.8 m) LOA could be required to take to comply with a rule paragraph (b)(1) of this section must subject to the requirement to use or group of rules. As part of this comply with the following streamer lines or set gear at night. An rulemaking process, a small entity requirements, unless operating under additional 37 vessels greater than or compliance guide (the guide) was the provisions of paragraph (c)(3) of this equal to 55 ft (16.8 m) LOA could be prepared. Copies of this final rule are section: subject to elements of the rule (area available from the West Coast Regional (i) Gear onboard. Have onboard the exemptions south of 36° N latitude, Office (see ADDRESSES), and the guide vessel seabird avoidance gear meeting night setting option) and also qualify as will be included in a public notice sent the material standards specified in
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paragraph (c)(1)(iv) of this section and Seabird Avoidance Measures flyer and § 660.11, the following requirements in accordance to the vessel size and gear request veterinary guidance; apply: type specific requirements as specified (ii) Follow the veterinary guidance (A) Streamer lines must be a in paragraph (c)(2) of this section. regarding the handling and release of minimum length of 300 feet (91.4 m). (ii) Gear inspection. Upon request by the bird. (B) The number of streamer lines an authorized officer or observer, make (D) If dead, freeze the bird required and the streamer line the seabird avoidance gear available for immediately with an identification tag deployment requirements vary by vessel inspection. attached directly to the specimen listing length as follows: (iii) Gear use. Use seabird avoidance the species, location and date of (1) Vessels greater than or equal to gear as specified in paragraph (c)(2) of mortality, and band number if the bird 26 feet (7.9 m) and less than 55 feet this section that meets the material has a leg band. Attach a duplicate (16.8 m) LOA must use a minimum of standards specified in paragraph identification tag to the bag or container one streamer line. Streamer line must be (c)(1)(iv) of this section while bottom holding the bird. Any leg bands present deployed before the first hook is set in longline and snap gears are being must remain on the bird. Contact NMFS such a way that streamers are in the air deployed. or the U.S. Fish and Wildlife Service at for a minimum of 131.2 ft (40 m) aft of (iv) Material standards for all streamer the numbers listed on the West Coast the stern and within 6.6 ft (2 m) lines. All streamer lines must: Seabird Avoidance Measures flyer, horizontally of the point where the main (A) Have streamers spaced every 16.4 inform them that you have a dead short- groundline enters the water. A ft (5 m). tailed albatross on board, and submit minimum of 8 streamers must be out of (B) Have individual streamers that the bird to NMFS or the U.S. Fish and the water aft of the stern. hang attached to the mainline to 9.8 in Wildlife Service within 72 hours (2) Vessels greater than or equal to 55 (0.25 m) above the waterline in the following completion of the fishing trip. feet (16.8 m) LOA must use paired streamer lines. At least one streamer absence of wind. (E) All incidents involving the line must be deployed before the first (C) Have streamers constructed of hooking of short-tailed albatross must be hook is set in such a way that streamers material that is brightly colored, UV- reported to U.S. Fish and Wildlife 3 are in the air for a minimum of 131.2 ft protected plastic tubing or ⁄8 inch (9.5 Service Law Enforcement by the vessel (40 m) aft of the stern and within 6.6 ft mm) polyester line or material of an operator within 72 hours of taking an (2 m) horizontally of the point where equivalent density. albatross by phoning 360–753–7764 the main groundline enters the water. A (v) Handling of hooked short-tailed (WA); 503–682–6131 (OR); or 916–414– minimum of 8 streamers must be out of albatross. If a short-tailed albatross is 6660 (CA). the water aft of the stern. The second hooked or entangled by a vessel, owners (F) If a NMFS observer is on board at streamer line must be deployed within and operators must ensure that the the time of a hooking event, the observer following actions are taken: 90 seconds thereafter. shall be responsible for the disposition (i) For vessels deploying gear from the (A) Stop the vessel to reduce the of any captured short-tailed albatross tension on the line and bring the bird on stern, the streamer lines must be and for reporting to U.S. Fish and deployed from the stern, one on each board the vessel using a dip net; Wildlife Service Law Enforcement. (B) Determine if the bird is alive or side of the main groundline. Otherwise, the vessel operator shall be (ii) For vessels deploying gear from dead. responsible. (C) If alive, follow these instructions: the side, the streamer lines must be (2) Gear requirements and (1) Cover the bird with a towel to deployed from the stern, one over the performance standards. The operator of protect its feathers from oils or damage main groundline and the other on one a vessel identified in paragraph (b)(1) of while being handled; side of the main groundline. (2) Remove any entangled lines or this section must comply with the (iii) Vessels without masts, poles, or hooks from the bird without further following gear requirements: rigging. A minimum of 1 buoy bag line injuring the bird; (i) For vessels with masts, poles, or must be used by vessels without (3) Place the bird in a safe enclosed rigging using snap gear as defined at superstructure, including masts, poles, place; § 660.11, the following requirements or rigging. The buoy bag line must hang (4) If the hook has been ingested or is apply: over the area where baited hooks may be inaccessible, keep the bird in a safe, (A) Vessels must deploy a minimum accessible to seabirds, which is enclosed place and submit it to NMFS of a single streamer line in accordance generally within 6.5 feet (2 m) of the sea or the U.S. Fish and Wildlife Service with the requirements of paragraphs surface. immediately upon the vessel’s return to (c)(1)(iv) of this section, except as (iv) The following weather safety port. Do not give the bird food or water. provided in paragraph (c)(2)(iv) of this exemptions apply, based on vessel (5) Assess whether the bird meets the section. length: following criteria for release: (B) Streamer lines must be a (A) Vessels greater than or equal to (i) Able to hold its head erect and minimum length of 147.6 ft (45 m). 26 feet (7.9 m) and less than 55 feet respond to noise and motion stimuli; (C) Streamer lines must be deployed (16.8 m) LOA are exempted from the (ii) Able to breathe without noise; so that streamers are in the air a requirements of paragraph (c)(1)(iii) of (iii) Capable of flapping and retracting minimum of 65.6 ft (20 m) aft of the this section when a National Weather both wings to normal folded position on stern and within 6 ft 7 in (2 m) Service Small Craft Advisory for Winds its back; horizontally of the point where the main is in effect, or other National Weather (iv) Able to stand on both feet with groundline enters the water before the Service Advisory for wind speeds toes pointed forward; and first hook is set. A minimum of 4 exceeding those that trigger a Small (v) Feathers are dry. streamers must be out of the water aft Craft Advisory for Winds. This (6) If bird does not meet criteria for of the stern. exemption applies only during the time release: (ii) For vessels with masts, poles, or and within the area indicated in the (i) Immediately contact NMFS or the rigging using bottom longline other than National Weather Service Weather U.S. Fish and Wildlife Service at the snap gear, as defined in paragraph (6)(i) Advisory or in an area seaward of such numbers listed on the West Coast of the definition of fishing gear in an area.
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(B) Vessels 55 feet and longer (16.8 m) mortality must be accounted for and ■ 4. In § 660.604, revise paragraphs LOA are exempted from the deducted from IBQ pounds in the vessel (p)(1)(ii) and (p)(2) to read as follows: requirements of paragraph (c)(1)(iii) of account. Non-IFQ species and non- this section when a National Weather groundfish species may be discarded at § 660.604 Vessel and first receiver Service Gale Warning is in effect. This sea, unless otherwise required by EM responsibilities. exemption applies only during the time Program requirements at § 660.604 of * * * * * and within the area indicated in the subpart J. The sorting of catch, the (p) * * * National Weather Service Gale Warning. weighing and discarding of any IBQ and (3) Night setting. The operator of a IFQ species, and the retention of IFQ (1) * * * vessel described in paragraph (b)(1) of species must be monitored by the (ii) Large individual marine organisms this section, that begins and completes observer or EM system. (i.e., all marine mammals, sea turtles, deployment of gear between one hour * * * * * and non-ESA-listed seabirds, and fish after local sunset and one hour before (3) * * * species longer than 6 ft (1.8 m) in local sunrise is exempt from the (ii) * * * length) may be discarded. For any ESA- provisions of paragraphs (c)(1) and (2) of (B) Seabirds, marine mammals, and listed seabirds that are brought on this section. sea turtles. Short-tailed albatross must board, vessel operators must follow any ■ 3. In § 660.140, revise paragraphs be reported as soon as possible and relevant instructions for handling and (g)(1) and (g)(3)(ii)(B) to read as follows: directions for surrendering must be disposition under § 660.21(c)(1)(v). § 660.140 Shorebased IFQ Program. followed as directed by § 660.21(c)(1)(v). * * * * * Marine mammals and sea turtles must * * * * * (2) Non-trawl shorebased IFQ. A (g) * * * be reported to NMFS as soon as possible (206–526–6550) and directions for vessel operator on a declared limited (1) General. Shorebased IFQ Program entry groundfish non-trawl, shorebased vessels may discard IFQ species/species surrendering or disposal must be IFQ trip must retain all salmon and groups, provided such discards are followed. Whole body specimens must must discard Dungeness crab caught accounted for and deducted from QP in be labeled with the vessel name, the vessel account. With the exception electronic fish ticket number, and date seaward of Washington or Oregon, of vessels on a declared Pacific whiting of landing. Whole body specimens must Pacific halibut, green sturgeon, IFQ trip and engaged in maximized be kept frozen or on ice until eulachon, sea turtles, and marine retention, and vessels fishing under a arrangements for surrendering or mammals. All other catch may be valid EM Authorization in accordance disposing are completed. Unless discarded following instructions in the with § 660.604 of subpart J, prohibited directed otherwise, after reporting is VMP, except as required by the Seabird and protected species (except short- completed, seabirds, marine mammals, Avoidance Program at § 660.21(c)(1)(v). tailed albatross as directed by and sea turtles may be disposed by * * * * * § 660.21(c)(1)(v)) must be discarded at incinerating, rendering, composting, or [FR Doc. 2019–26523 Filed 12–10–19; 8:45 am] returning the carcasses to sea. sea; Pacific halibut must be discarded as BILLING CODE 3510–22–P soon as practicable and the discard * * * * *
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Proposed Rules Federal Register Vol. 84, No. 238
Wednesday, December 11, 2019
This section of the FEDERAL REGISTER Department of Labor, Employment and NPRM available, upon request, in large contains notices to the public of the proposed Training Administration, 200 print and electronic file. To schedule an issuance of rules and regulations. The Constitution Avenue NW, Room N– appointment to review the comments or purpose of these notices is to give interested 5641, Washington, DC 20210. obtain the NPRM in an alternative persons an opportunity to participate in the • Hand Delivery/Courier: Heidi Casta, format or both, contact OPDR at (202) rule making prior to the adoption of the final rules. Deputy Administrator, Office of Policy 693–3700 (this is not a toll-free Development and Research, U.S. number). You may also contact this Department of Labor, Employment and office at the address listed above. DEPARTMENT OF LABOR Training Administration, 200 FOR FURTHER INFORMATION CONTACT: Constitution Avenue NW, Room N– Heidi Casta, Deputy Administrator, 29 CFR Part 90 5641, Washington, DC 20210. Office of Policy Development and Instructions: All submissions received Research, U.S. Department of Labor, Employment and Training must include the agency name and Employment and Training Administration docket number for this rulemaking or Administration, 200 Constitution ‘‘RIN 1205–AB78.’’ Avenue NW, Room N–5641, 20 CFR Parts 617 and 618 Please submit your comments by only Washington, DC 20210, Telephone: one method. Please be advised that the [Docket No. ETA–2019–0009] (202) 693–3700 (voice) (this is not a toll- Department will post all comments free number) or 1–800–326–2577 RIN 1205–AB78 received that relate to this NPRM (Telecommunications Device for the without changes to http:// Deaf). Trade Adjustment Assistance for www.regulations.gov, including any Workers personal information provided. The SUPPLEMENTARY INFORMATION: The ETA http://www.regulations.gov website is is extending the public comment period AGENCY: Employment and Training the Federal e-Rulemaking Portal and all for the proposed rule published in the Administration, Labor. comments posted there are available Federal Register on November 7, 2019 ACTION: Proposed rule; notification of and accessible to the public. Therefore, (84 FR 60150), which established a extension of public comment period. the Department recommends that public comment period from November commenters remove personal 7, 2019 through December 9, 2019. The SUMMARY: The Employment and Department has extended the deadline Training Administration (ETA) of the information (either about themselves or others) such as Social Security numbers, for submitting public comments to Department of Labor (Department) is December 11, 2019, due to the issuing this document to advise the personal addresses, telephone numbers, and email addresses included in their www.regulations.gov website outage. All public of an extension to the public substantive comments received by comment period. Initially, the proposed comments, as such information may become easily available to the public via December 11, 2019, will be addressed in rule established a public comment the final rule. period from November 7, 2019 through the http://www.regulations.gov website. Signed at Washington, DC. December 9, 2019. The Department has It is the responsibility of the commenter extended the deadline for submitting to safeguard personal information. John P. Pallasch, public comments to December 11, 2019, Also, please note that due to security Assistant Secretary for Employment and due to a website outage. concerns, postal mail delivery in Training, Labor. Washington, DC may be delayed. [FR Doc. 2019–26785 Filed 12–9–19; 4:15 pm] DATES: The comment period for the Therefore, the Department encourages BILLING CODE 4510–FN–P proposed rule published November 7, the public to submit comments on 2019, at 84 FR 60150 is extended. Send http://www.regulations.gov. comments on or before December 11, Docket: For access to the docket to DEPARTMENT OF LABOR 2019. read background documents or ADDRESSES: You may send comments, comments received, go to http:// Wage and Hour Division identified by Docket No. ETA–2019– www.regulations.gov (search using RIN 0009 and Regulatory Identification 1205–AB78 or Docket No. ETA–2019– 29 CFR Parts 10, 516, 531, 578, 579, Number (RIN) 1205–AB78, by any of the 0009). The Department also will make and 580 following methods: all the comments it receives available • Federal eRulemaking Portal: http:// for public inspection by appointment RIN 1235–AA21 www.regulations.gov. Instructions for during normal business hours at the Tip Regulations Under the Fair Labor how to submit public comments Office of Policy Development and Standards Act (FLSA) electronically on the Federal Research (OPDR), U.S. Department of eRulemaking Portal can be found on the Labor, Employment and Training AGENCY: Wage and Hour Division, http://www.regulations.gov website Administration, 200 Constitution Department of Labor. under ‘‘Help’’ > ‘‘How to use Avenue NW, Room N–5641, ACTION: Proposed rule; extension of Regulations.gov’’ > ‘‘Submit a Washington, DC 20210. If you need comment period. Comment.’’ assistance to review the comments, the • Mail: Heidi Casta, Deputy Department will provide appropriate SUMMARY: This document extends the Administrator, Office of Policy aids such as readers or print magnifiers. period for submitting written comments Development and Research, U.S. The Department will make copies of this on the Notice of Proposed Rulemaking
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(NPRM) entitled ‘‘Tip Regulations comment period. Electronic submission NATIONAL LABOR RELATIONS Under the Fair Labor Standards Act via http://www.regulations.gov enables BOARD (FLSA).’’ The comment period now prompt receipt of comments submitted ends on December 11, 2019. The as DOL continues to experience delays 29 CFR Part 103 Department of Labor (Department) is in the receipt of mail in our area. For RIN 3142–AA16 taking this action to provide interested access to the docket to read background parties additional time to submit documents or comments, go to the Representation—Case Procedures: comments in response to an outage Federal eRulemaking Portal at http:// Election Bars; Proof of Majority causing most web browsers to refuse www.regulations.gov. Support in Construction Industry access to Regulations.gov for a period of Collective-Bargaining Relationships time. FOR FURTHER INFORMATION CONTACT: DATES: The comment period for the Amy DeBisschop, Director of the AGENCY: National Labor Relations proposed rule published October 8, Division of Regulations, Legislation, and Board. 2019, at 84 FR 53956, is extended. Interpretation, Wage and Hour Division, ACTION: Notice of extension of time to Comments should be received on or U.S. Department of Labor, Room S– submit comments. before December 11, 2019. 3502, 200 Constitution Avenue NW, SUMMARY: The National Labor Relations ADDRESSES: To facilitate the receipt and Washington, DC 20210, telephone: (202) Board (the Board) published a Notice of processing of written comments on this 693–0406 (this is not a toll-free Proposed Rulemaking in the Federal NPRM, the Department encourages number). Copies of this NPRM may be Register on August 12, 2019, seeking interested persons to submit their obtained in alternative formats (Large comments from the public regarding its comments electronically. You may Print, Braille, Audio Tape or Disc), upon proposed amendments to Part 103 of its submit comments, identified by request, by calling (202) 693–0675 (this Rules and Regulations, specifically Regulatory Information Number (RIN) is not a toll-free number). TTY/TDD concerning the Board’s blocking charge 1235–AA21, by either of the following callers may dial toll-free 1 (877) 889– policy, the voluntary recognition bar, methods: 5627 to obtain information or request and Section 9(a) recognition in the Electronic Comments: Follow the materials in alternative formats. construction industry. On October 10, instructions for submitting comments 2019, the date to submit comments to on the Federal eRulemaking Portal Questions of interpretation and/or the Notice of Proposed Rulemaking was http://www.regulations.gov. enforcement of the agency’s regulations Mail: Address written submissions to may be directed to the nearest WHD extended for 60 days. The date to Amy DeBisschop, Director of the district office. Locate the nearest office submit comments to the Notice is now Division of Regulations, Legislation, and by calling the WHD’s toll-free help line extended an additional 30 days. Interpretation, Wage and Hour Division, at (866) 4US–WAGE ((866) 487–9243) DATES: Comments to the Notice of U.S. Department of Labor, Room S– between 8 a.m. and 5 p.m. in your local Proposed Rulemaking must be received 3502, 200 Constitution Avenue NW, time zone, or log onto WHD’s website at by the Board on or before January 9, Washington, DC 20210. http://www.dol.gov/whd/america2.htm 2020. Comments replying to the Instructions: This NPRM is available for a nationwide listing of WHD district comments submitted during the initial through the Federal Register and the and area offices. comment period must be received by http://www.regulations.gov website. the Board on or before January 23, 2020. You may also access this document via SUPPLEMENTARY INFORMATION: On ADDRESSES: Internet—Federal the Wage and Hour Division’s (WHD) October 8, 2019, the Department eRulemaking Portal. Electronic website at http://www.dol.gov/whd/. All published an NPRM and request for comments may be submitted through comment submissions must include the comments in the Federal Register (84 http://www.regulations.gov. agency name and Regulatory FR 53956), proposing to amend its tip Delivery—Comments should be sent Information Number (RIN 1235–AA21) regulations to address Congressional by mail or hand delivery to: Roxanne for this NPRM. Response to this NPRM action related to amendments to the Fair Rothschild, Executive Secretary, is voluntary. The Department requests Labor Standards Act (FLSA). The National Labor Relations Board, 1015 that no business proprietary Department also proposes to codify Half Street SE, Washington, DC 20570– information, copyrighted information, policy regarding the tip credit’s 0001. Because of security precautions, or personally identifiable information be application to employees who the Board continues to experience submitted in response to this NPRM. performed tipped and non-tipped delays in U.S. mail delivery. You should Submit only one copy of your comment duties. This NPRM also withdraws the take this into consideration when by only one method (e.g., persons Department’s December 5, 2017 NPRM preparing to meet the deadline for submitting comments electronically are proposing changes to the Department’s submitting comments. The Board encouraged not to submit paper copies). tip regulations, as the Consolidated encourages electronic filing. It is not Please be advised that comments Appropriations Act has superseded it. necessary to send comments if they received will become a matter of public have been filed electronically with record and will be posted without Cheryl M. Stanton, regulations.gov. If you send comments, change to http://www.regulations.gov, Administrator, Wage and Hour Division. the Board recommends that you confirm including any personal information [FR Doc. 2019–26788 Filed 12–9–19; 4:15 pm] receipt of your delivered comments by provided. All comments must be BILLING CODE 4510–27–P contacting (202) 273–1940 (this is not a received by 11:59 p.m. on the date toll-free number). Individuals with indicated for consideration in this hearing impairments may call 1–866– NPRM; comments received after the 315–6572 (TTY/TDD). comment period closes will not be Only comments submitted through considered. Commenters should http://www.regulations.gov, hand transmit comments early to ensure delivered, or mailed will be accepted; ex timely receipt prior to the close of the parte communications received by the
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Board will be made part of the the federal government. The FOR FURTHER INFORMATION CONTACT: rulemaking record and will be treated as Commission seeks to clarify that its rule Andrew Maunz, Special Assistant to the comments only insofar as appropriate. concerning official time does not apply Chair, [email protected] or 202– Comments will be available for public to representatives who serve in an 663–4039. inspection at http:// official capacity in a labor organization SUPPLEMENTARY INFORMATION: Under www.regulations.gov and during normal that is the exclusive representative of section 717 of Title VII of the Civil business hours (8:30 a.m. to 5 p.m. EST) employees in an appropriate unit. The Rights Act of 1964, as amended, the at the above address. Commission is doing this because it Commission is responsible for the The Board will post, as soon as believes that the relevant labor relations enforcement of equal employment practicable, all comments received on statute articulates the best policy for opportunity (EEO) in the federal http://www.regulations.gov without determining if someone receives official employment. As such, the Commission making any changes to the comments, time when they act for a labor is authorized to issue rules, regulations, including any personal information organization and the Commission does orders, and instructions as necessary provided. The website http:// not want its regulations to undermine and appropriate to carry out its EEO www.regulations.gov is the Federal this approach. responsibilities. Section 717(b) of Title eRulemaking portal, and all comments DATES: Comments are due on or before VII provides that ‘‘[e]xcept as otherwise posted there are available and accessible February 10, 2020. provided in this subsection, the Equal to the public. The Board requests that ADDRESSES: You may submit comments Employment Opportunity Commission comments include full citations or by the following methods: shall have authority to enforce the internet links to any authority relied You may submit comments, identified provisions of subsection (a) of this upon. The Board cautions commenters by RIN Number 3046–AB00, by any of section through appropriate remedies not to include personal information the following methods: .... and shall issue such rules, such as Social Security numbers, • Federal eRulemaking Portal: http:// regulations, orders and instructions as it personal addresses, telephone numbers, www.regulations.gov. Follow the deems necessary and appropriate to and email addresses in their comments, instructions for submitting comments. carry out its responsibilities under this • as such submitted information will Fax: (202) 663–4114. (There is no section.’’ Title VII of the Civil Rights Act become viewable by the public via the toll free fax number). Only comments of of 1964, as amended, 42 U.S.C. 2000e– http://www.regulations.gov website. It is six or fewer pages will be accepted via 16. the commenter’s responsibility to fax transmittal, in order to assure access In 1978, the President consolidated safeguard his or her information. to the equipment. Receipt of FAX numerous EEO responsibilities at the Comments submitted through http:// transmittals will not be acknowledged, EEOC and, among other things, www.regulations.gov will not include except that the sender may request transferred responsibility for all federal the commenter’s email address unless confirmation of receipt by calling the sector EEO from the Civil Service the commenter chooses to include that Executive Secretariat staff at (202) 663– Commission to the EEOC.1 When the information as part of his or her 4070 (voice) or (202) 663–4074 (TTY). Commission took on responsibility for comment. (These are not toll free numbers). • federal sector EEO, however, the Mail: Bernadette B. Wilson, Commission did not create a new FOR FURTHER INFORMATION CONTACT: Executive Officer, Executive Secretariat, Roxanne Rothschild, Executive process. As the Commission stated in U.S. Equal Employment Opportunity 2015, when it contemplated a review of Secretary, National Labor Relations Commission, 131 M Street NE, longstanding federal sector EEO Board, 1015 Half Street SE, Washington, Washington, DC 20507. procedures of which this proposed rule DC 20570–0001, (202) 273–1940 (this is • Hand Delivery/Courier: Bernadette not a toll-free number), 1–866–315–6572 B. Wilson, Executive Officer, Executive is a small part, (TTY/TDD). Secretariat, U.S. Equal Employment [T]he Federal sector EEO complaint Dated: December 5, 2019. Opportunity Commission, 131 M Street processing procedures did not originate with EEOC in 1979 .... Rather, formal, Roxanne L. Rothschild, NE, Washington, DC 20507. regulatory procedures first were promulgated Executive Secretary. Instructions: The Commission invites comments from all interested parties. by the Civil Service Commission (‘‘CSC’’) in [FR Doc. 2019–26596 Filed 12–10–19; 8:45 am] 1966, codified at 5 CFR part 713, and the All comment submissions must include BILLING CODE P basic framework contained in those the agency name and docket number or procedures was adopted by EEOC in 1979 the Regulatory Information Number [and codified at 29 CFR part 1613]. Although (RIN) for this rulemaking. Comments EEOC has revised the procedures a number EQUAL EMPLOYMENT OPPORTUNITY need be submitted in only one of the of times, the original structure inherited from COMMISSION above-listed formats. All comments the CSC—counseling, complaint, investigation, hearing, final agency action, 29 CFR Part 1614 received will be posted without change to http://www.regulations.gov, including and appeal—remains. RIN 3046–AB00 any personal information you provide. See Advance Notice of Proposed Docket: For access to comments Rulemaking, 80 FR 6669 (Feb. 6, 2015) Official Time in Federal Sector Cases received, go to http:// (ANPRM). The EEOC thus positioned Before the Commission www.regulations.gov. Copies of the itself to make changes to the federal AGENCY: Equal Employment received comments also will be sector EEO complaint process. Opportunity Commission. available for review at the Commission’s Although the EEOC’s original 1979 ACTION: Proposed rule. library, 131 M Street NE, Suite federal sector regulation at 29 CFR part 4NW08R, Washington, DC 20507, SUMMARY: The Equal Employment between the hours of 9:30 a.m. and 5:00 1 On February 23, 1978, the President submitted Opportunity Commission (EEOC or p.m., until the Commission publishes to Congress Reorganization Plan No. 1 of 1978, which consolidated Federal Equal Employment Commission) proposes amending its the rule in final form but you must make Opportunity Activities. The text of the President’s rule covering official time for an appointment to do so with library message and the terms of the plan are at 124 representatives who are employees of staff. Congressional Record H 1457 (H. Doc. No. 95–295).
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1613 was silent about ‘‘official time’’ for The Commission now proposes to Unfunded Mandates Reform Act of 1995 representatives of complaining parties, amend section 1614.605(b) to exclude This proposed rule will not result in in 1987 the Commission turned back to union representatives from its grant of the expenditure by State, local, or tribal the CSC’s EEO rule for model language reasonable official time for EEO governments, in the aggregate, or by the about ‘‘official time’’. Id. at 6670. The proceedings. Failing to clarify the private sector, of $100 million or more Commission then adopted the ‘‘official Commission’s regulation can cause in any one year, and it will not time’’ rule that remains today, and agencies and unions to be unclear on significantly or uniquely affect small which was unchanged during the exactly which aspects of official time governments. Therefore, no actions were Commission’s 1992 revision of federal they need to bargain. Furthermore, the deemed necessary under the provisions sector EEO procedures, in which the FSLMRS was specifically designed to of the Unfunded Mandates Reform Act Commission rescinded 29 CFR part address the unique relationship between of 1995. 1613 and created 29 CFR part 1614. See labor organizations and federal agencies. generally 57 FR 12634 (April 10, 1992) See 5 U.S.C. 7101(b) (‘‘It is the purpose Congressional Review Act (effective Oct. 1, 1992). Specifically, of this chapter to prescribe certain rights While the Commission believes the section 1614.605, under the heading and obligations of the employees of the proposed rule does not substantially ‘‘Representation and Official Time,’’ Federal Government and to establish affect the rights or obligations of non- describes a complainant’s right to be procedures which are designed to meet agency parties and, accordingly, is not represented in federal sector actions the special requirements and needs of a ‘‘rule’’ as that term is used by the covered by the Commission’s the Government.’’). Considering this Congressional Review Act (Subtitle E of regulations. Paragraph (b) of section design, the Commission believes that the Small Business Regulatory 1614.605 discusses the right of both the the best policy approach is to leave the Enforcement Fairness Act of 1996), it complainant and representative, if they determination of whether a union will still follow the reporting are employees of the agency at issue, to official receives official time to the requirement of 5 U.S.C. 801. reasonable official time during their provisions of the FSLMRS. involvement in the complaint process. It Therefore, the Commission proposes List of Subjects in 29 CFR Part 1614 is notable that the first two sentences of to amend its regulation to clearly state Administrative practice and paragraph (b), which is the language that its official time provision does not procedure, Equal Employment that gives the right to reasonable official apply if the representative serves in an Opportunity. official capacity in a labor organization time to complainants and For the Commission. representatives, borrows heavily from that is an exclusive representative of Dated: December 5, 2019. the wording used for the comparable employees at the agency. Janet Dhillon, provision in the original CSC rule. See Regulatory Procedures U.S. Civil Service Commission, Part Chair. 713—Equal Opportunity; Filing and Executive Order 12866 For the reasons set forth in the Presentation of complaint, § 713.214(b), The Commission has complied with preamble, the Commission proposes to 37 FR 22717, 22719 (Oct. 21, 1972). the principles in section 1(b) of amend part 1614 as follows: When the Civil Service Commission Executive Order 12866, Regulatory first crafted this approach in 1972, Planning and Review. This proposed PART 1614—FEDERAL SECTOR Congress had not yet passed the Federal rule is not a ‘‘significant regulatory EQUAL EMPLOYMENT OPPORTUNITY Service Labor-Management Relations action’’ under section 3(f) of the Order, [AMENDED] Statute (FSLMRS), which it did in 1978. and therefore it has not been reviewed ■ 1. The authority citation for Part 1614 The FSLMRS established the ability for by the Office of Management and continues to read as follows: someone acting on behalf of a labor Budget. organization to receive official time, in Executive Order 13771 Authority: 29 U.S.C. 206(d), 633a, 791 and some instances as a right, but in many 794a; 42 U.S.C. 2000e–16 and 2000ff–6(e); This proposed rule is not expected to instances pursuant to an agreement E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218; be an E.O. 13771 regulatory action E.O. 11222, 3 CFR 1954–1958 Comp., p. 306; between the agency and the union. 5 because this proposed rule is not E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. U.S.C. 7131. Specifically, 5 U.S.C. significant under E.O. 12866. 12106, 3 CFR, 1978 Comp., p. 263; Reorg. 7131(d)(1) states that ‘‘any employee Plan No 1 of 1978, 3 CFR, 1978 Comp., p. representing an exclusive representative Paperwork Reduction Act 321. . . . shall be granted official time in any This proposed rule contains no new ■ 2. In § 1614.605 amend paragraph (b) amount the agency and the exclusive information collection requirements by adding a sentence at the end of the representative involved agree to be subject to review by the Office of paragraph to read as follows: reasonable, necessary, and in the public Management and Budget under the interest.’’ Paperwork Reduction Act (44 U.S.C. § 1614.605 Representation and official Since union official time did not exist chapter 35). time. in statute until 1978, there was no * * * * * reason for the CSC’s original EEO Regulatory Flexibility Act (b) * * * This paragraph does not procedures to address union official The Commission certifies under 5 apply to a representative if he or she time when it first published the U.S.C. 605(b) that this proposed rule serves as an officer, steward, or regulation in 1972. However, in its will not have a significant economic otherwise in an official capacity in a subsequent modifications of the EEO impact on a substantial number of small labor organization that is the exclusive procedures, the Commission has not entities because it applies exclusively to representative of employees in an expressly addressed the availability of employees and agencies of the federal appropriate unit at the agency under the ‘‘reasonable’’ official time to union government and does not impose a relevant provisions of the Federal officials or how the Commission’s burden on any business entities. For this Service Labor-Management Relations official time regulation for EEO reason, a regulatory flexibility analysis Statute (FSLMRS). The Commission will proceedings interacts with the FSLMRS. is not required. leave whether such a representative can
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receive official time to the FSLMRS and U.S.C. 3622(d)(3). The Commission’s the system of regulating rates and the bargaining agreements between the purpose in the review is to determine classes for market dominant products agency and relevant labor organization. whether the system is achieving the have worked as planned, overall, the * * * * * objectives appearing in subsection (b) of system has not achieved the objectives [FR Doc. 2019–26545 Filed 12–10–19; 8:45 am] section 3622, taking into account the of the PAEA.’’ Order No. 4257 at 5. The BILLING CODE P factors appearing in subsection (c) of Commission analyzed the system by 3622. If, upon completion of the reviewing three topical areas that mandatory 10-year review, including an encompassed the nine objectives of the POSTAL REGULATORY COMMISSION opportunity for notice and public PAEA: (1) The structure of the comment, the Commission determines ratemaking system; (2) the financial 39 CFR Parts 3010, 3020, 3050, and that the system is not achieving the health of the Postal Service; and (3) 3055 objectives (taking into account the service. Id. at 22. In its review of the factors), the Commission may ‘‘by structure of the ratemaking system, the [Docket No. RM2017–3; Order No. 5337] regulation, make such modification or Commission found that with respect to System for Regulating Market adopt such alternative system for pricing, the system did not result in Dominant Rates and Classifications regulating rates and classes for market- increased pricing efficiency. Id. at 48. It dominant products as necessary to concluded that the system did not result AGENCY: Postal Regulatory Commission. achieve the objectives.’’ 39 U.S.C. in pricing efficiency because ACTION: Proposed rule. 3622(d)(3). ‘‘workshare discounts were not set as close as practicable to their avoided II. Background SUMMARY: The Commission proposes costs despite the Postal Service’s ability revised rules modifying the system for Pursuant to the directives in section to do so under the price cap’’ in regulating rates and classes for market 3622 of the PAEA, the Commission conjunction with the fact that ‘‘seven dominant products. The revised rules initiated Docket No. RM2017–3 to products did not cover their attributable incorporate feedback from comments conduct a comprehensive analysis of costs during the PAEA era.’’ Id. at 145. received from the Commission’s prior whether the PAEA system achieved the In its analysis of the financial health proposed rulemaking. The rule revisions nine objectives, taking into account the of the Postal Service, the Commission replace some rules in their entirety, factors, in the decade following the determined that ‘‘financial stability, move others, and change existing rules PAEA’s enactment. The Commission including retained earnings, has not as necessary. issued Order No. 4257 setting forth the been maintained for the Postal Service findings from its review.1 In Order No. DATES: Comments are due: February 3, in the medium and long-term time 4257, the Commission determined that 2020; Reply Comments are due: March frames and that cost reductions and the overall PAEA system ‘‘has not 4, 2020. operational efficiency gains have not achieved the objectives taking into been maximized.’’ Id. at 148. The ADDRESSES: For additional information, account the factors of the PAEA.’’ Order Commission further noted that the Order No. 5337 can be accessed No. 4257 at 4, 275. aggressive Retiree Health Benefits Fund electronically through the Commission’s In response to its conclusions in prefunding and reductions in volume website at https://www.prc.gov. Submit Order No. 4257 and as contemplated by and revenue added to the Postal comments electronically via the section 3622(d)(3), the Commission Service’s net losses, as did the impact of Commission’s Filing Online system at issued a Notice of Proposed Rulemaking the Great Recession combined with http://www.prc.gov. Those who cannot (NPR) 2 preceded by an Advance Notice emergent technological trends resulting submit comments electronically should of Proposed Rulemaking.3 In the NPR, in even greater declining volumes for contact the person identified in the FOR the Commission proposed to amend First-Class Single-Piece Mail. Id. at 38– FURTHER INFORMATION CONTACT section several parts of title 39 of the Code of 40. Finally, in its review of service, the by telephone for advice on filing Federal Regulations to achieve the Commission determined that the system alternatives. objectives of 39 U.S.C. 3622(b). Order did not effectively encourage the FOR FURTHER INFORMATION CONTACT: No. 4258 at 3. The NPR sought public maintenance of high quality service David A. Trissell, General Counsel, at comment on the Commission’s standards. Id. at 4–5, 250. 202–789–6820. proposed amendments. In response to Subsequently, the Commission issued the wide range of comments received the NPR setting forth proposed rules to SUPPLEMENTARY INFORMATION: and additional considerations, the address the shortcomings of the system Table of Contents Commission proposes new changes to of ratemaking based on the conclusions the regulations and modifies and I. Relevant Statutory Requirements in Order No. 4257. With respect to the II. Background clarifies previous proposals. finding that the system did not achieve III. Basis and Purpose of Revised Proposed III. Basis and Purpose of Revised pricing efficiency, the Commission Rules Proposed Rules proposed rules to modify the IV. Revised Proposed Rules requirements related to workshare In Order No. 4257, the Commission discounts. The proposed rules phased I. Relevant Statutory Requirements concluded that ‘‘while some aspects of out two practices that harm pricing Section 3622 of title 39 of the United efficiency: ‘‘workshare discounts set States Code established a system to 1 Order on the Findings and Determination of the substantially below avoided costs and 39 U.S.C. 3622 Review, December 1, 2017 (Order regulate the rates and classes of Market No. 4257). workshare discounts set substantially Dominant Postal products. The 2 Notice of Proposed Rulemaking for the System above avoided costs.’’ Order No. 4258 at Commission is required to conduct a for Regulating Rates and Classes for Market 93. review of the Market Dominant Dominant Products, December 1, 2017 (Order No. To address the findings related to the ratemaking system 10 years after the 4258). system’s failure to provide for the 3 Advance Notice of Proposed Rulemaking on the enactment of the Postal Accountability Statutory Review of the System for Regulating Rates financial health of the Postal Service, and Enhancement Act (PAEA), Public and Classes for Market Dominant Products, the Commission made three proposals Law 109–435, 120 Stat. 3198 (2006). 39 December 20, 2016 (Order No. 3673). intended to address the failure to attain
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medium-term and long-term financial revise its regulations’’ and were in line Service on the path to having fully stability. Id. at 26. First, the Commission with the Commission’s review in Order compensatory products and classes as proposed a mechanism to provide the No. 4257 and comments received. Id. well as improving the financial integrity Postal Service with an additional 2 The proposed changes related to the of the system while allowing for the percentage points of rate authority per schedule for regular and predictable rate continued achievement of objectives calendar year for 5 years following the adjustments and the timing for the relating to pricing flexibility, pricing effective date of the regulations. Id. This notice period and related filings for rate efficiency, and establishing and amount was aimed at putting the Postal adjustments. Id. at 98–99. maintaining reasonable rates. Id. Service ‘‘on the path to medium-term After further consideration, including The Commission further proposes financial stability by providing [it] the consideration of the comments received revised rules for worksharing discounts opportunity to generate additional in response to the NPR, the Commission that dispense with the use of the 3-year revenue to cover its obligations.’’ Id. at provides revisions to its proposed rules grace period. Id. The proposed rules 38. Second, the Commission proposed a in its Revised NPR.4 prohibit the Postal Service from: (1) performance-based rate authority First, the Commission modifies the Changing those workshare discounts mechanism to provide up to an proposed supplemental rate authority currently set equal to avoided cost; (2) additional 1 percentage point of rate mechanism to address specific drivers reducing workshare discounts set below authority per calendar year to address of the Postal Service’s inability to avoided cost; and (3) increasing the failure to maintain financial stability achieve net income during the PAEA workshare discounts set above avoided in the long term. Id. at 39. This proposal era. Order No. 5337 at 12. Instead of a cost. Id. The modifications also add a was dependent on the Postal Service singular, fixed amount of supplemental new requirement that the Postal Service achieving specific performance-based rate authority, the revised supplemental provide information and analysis requirements for operational efficiency authority proposal includes two specific to certain workshare costs set and service standard quality and was separate mechanisms intended to excessively above or below avoided aimed at putting the ‘‘Postal Service on provide rate authority to address costs cost. Id. The proposed workshare rules the path to long-term financial stability largely outside the Postal Service’s are intended to incentivize workshare by providing the Postal Service the control. Id. The first mechanism discounts to adhere as closely as opportunity to generate retained provides additional rate authority based possible to Efficient Component Pricing earnings.’’ Id. at 38–39. The proposed on loss of density, and the second principles in order to help the amount of performance-based rate mechanism provides additional rate ratemaking system maximize incentives authority was based on ‘‘several authority based on amortization of to increase efficiency. Id. at 14–15. reference points related to capital retirement benefit obligations until such The Commission also proposes new investment, capital assets, and time as the Postal Service has sufficient reporting requirements for costs and borrowing authority.’’ Id. at 39. In revenue incorporated in the rate base to cost-reduction initiatives in response to addition to placing the Postal Service on cover these payments. Id. at 12–13. commenter concerns and in light of the Second, the Commission adjusts the the path to long-term financial stability, revised proposals for additional rate performance-based authority to retain the proposal was aimed at remedying authority. Id. at 15. The proposals set the 1 percentage point of rate authority the deficiencies of the system with forth reporting requirements for changes benchmark but modifies how the respect to the failure to maximize in unit costs, specific cost-reduction specific performance-based incentives to reduce costs and increase initiatives, and Decision Analysis requirements for operational efficiency efficiency and maintain high quality Reports. Id. The new cost reporting and service will be measured. Id. at 13– service standards. Id. at 46. Third, the requirements are intended to provide 14. Additionally, the Postal Service Commission proposed a mechanism to transparency into the Postal Service’s must now meet both efficiency and improve the cost coverage of non- efforts to reduce costs and increase service benchmarks to claim the compensatory classes and products by efficiency. Id. performance-based rate authority. These Finally, the Commission proposes including rate design requirements for revisions to the performance-based additional procedural rules related to non-compensatory products and authority are intended to allow the planning rate adjustments of general authorizing an additional 2 percentage Postal Service to improve its financial applicability. Id. These revisions are points of rate authority per calendar health and provide a mechanism for the intended to improve the ratemaking year for non-compensatory classes of Postal Service to achieve long-term process. Id. mail. Id. at 77. The proposal was based financial stability and increase on the Commission’s finding that non- IV. Revised Proposed Rules operational efficiency while compensatory classes and products maintaining high quality service Proposed 39 CFR part 3010, subpart A threatened the financial integrity of the standards. Id. at 14. describes the applicability of the rules, Postal Service because the revenues Next, the Commission makes minor provides an index, sets forth relevant from these products and classes do not revisions to the rules for non- definitions, and modifies the schedule cover their attributable costs. Id. at 73; compensatory products and classes, for regular and predictable rate Order No. 4257 at 233–235. The proposing that the use of an additional adjustments. proposal was aimed at placing the 2 percentage points of rate authority for Proposed 39 CFR part 3010, subpart B ‘‘Postal Service on the path to having non-compensatory classes be optional modifies procedures applicable to fully compensatory products and and removing the requirement that periodic rate adjustments (including classes.’’ Order No. 4258 at 73–74. determinations of a class’s extending notice and filing periods from Finally, the NPR proposed additional compensatory status be made only in 45 to 90 days), setting forth specific procedural improvements intended to the Annual Compliance Determination requirements for contents of a rate ‘‘improve the ratemaking process proceeding. Id. These modifications are adjustment filing (including mandating relating to planned rate adjustments of geared towards placing the Postal that the Postal Service certify that it has general applicability.’’ Id. at 98. These used the most recently accepted proposals were ‘‘within the scope of the 4 Revised Notice of Proposed Rulemaking, analytical principles in its rate Commission’s general authority to December 5, 2019 (Order No. 5337). adjustment filing), specifying content to
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be included in supporting technical forth new limited instances in which 3010.141 CPI–U data source. documentation, and describing the the Postal Service may set workshare 3010.142 CPI–U rate authority when rate sequence of a proceeding applicable to discounts below avoided costs. adjustment filings are 12 or more months a request to review a notice of rate To create global consistency between apart. 3010.143 CPI–U rate authority when rate adjustment. This section also specifies 39 CFR parts 3010 and 3020, adjustment filings are less than 12 the calculation of the maximum rate conforming changes are proposed to months apart. adjustment authority and imposes §§ 3020.32, 3020.52, 3020.72, 3020.81, limitations on certain rate decreases, 3020.82, 3020.90, 3020.91, and 39 CFR Subpart D—Density Rate Authority providing an exception for certain de 3020, subpart G. 3010.160 Applicability. minimis rate increases. Additional conforming changes are 3010.161 Density calculation data sources. Proposed 39 CFR part 3010, subpart C proposed in 39 CFR part 3050 for 3010.162 Calculation of density rate relates to the timing of rate adjustment §§ 3050.20, 3050.21, 3050.55, and authority. authority dependent on CPI–U. 3050.60. Conforming changes are also Subpart E—Retirement Obligation Rate Proposed 39 CFR part 3010, subpart D proposed in 39 CFR part 3055 for Authority creates additional rate authority to § 3055.2. 3010.180 Definitions. address the effects of decreases in mail 3010.181 Applicability. density and sets forth the data sources List of Subjects 3010.182 Retirement obligation data and calculation of the density rate 39 CFR Part 3010 sources. authority. 3010.183 Calculation of retirement Proposed 39 CFR part 3010, subpart E Administrative practice and obligation rate authority. creates additional rate authority to procedure, Postal Service. 3010.184 Required minimum remittances. 3010.185 Forfeiture. provide the Postal Service with revenue 39 CFR Part 3020 for remittance towards the statutorily Subpart F—Performance-Based Rate mandated Retirement Health Benefits Administrative practice and Authority procedure. Fund, Civil Service Retirement System, 3010.200 Applicability. and Federal Employees Retirement 39 CFR Part 3050 3010.201 Operational efficiency-based System unfunded liabilities. This requirement. Administrative practice and section provides definitions, procedures 3010.202 Service quality-based procedure, Postal Service, Reporting applicable to claiming the additional requirement. and recordkeeping requirements. rate authority, and the data sources, Subpart G—Non-Compensatory Classes or calculation, and requirement that the 39 CFR Part 3055 Products Postal Service remit the amount of Administrative practice and 3010.220 Applicability. revenue collected under this authority procedure, Reporting and recordkeeping 3010.221 Individual product requirement. 3010.222 Class requirement and additional towards the supplemental and requirements. unfunded liabilities. class rate authority. Proposed 39 CFR part 3010, subpart F For the reasons discussed in the preamble, the Commission proposes to Subpart H—Accumulation of Unused and creates an additional 1 percentage point Disbursement of Banked Rate Adjustment of rate authority per class of mail based amend Chapter III of title 39 of the Code Authority of Federal Regulations as follows: upon the Postal Service meeting or 3010.240 General. exceeding an operational efficiency- ■ 1. Revise part 3010 to read as follows: 3010.241 Schedule of banked rate based requirement and adhering to a adjustment authority. service standard-based requirement. PART 3010—REGULATION OF RATES 3010.242 Calculation of unused rate This section sets forth the timing for the FOR MARKET DOMINANT PRODUCTS adjustment authority for rate adjustments that involve a rate increase which are Postal Service to claim the additional Subpart A—General Provisions rate authority and describes the criteria filed 12 months apart or less. Sec. 3010.243 Calculation of unused rate for claiming both the operational 3010.100 Applicability. adjustment authority for rate adjustments efficiency-based requirement and the 3010.101 Definitions. that involve a rate increase which are service standard-based requirement. 3010.102 Schedule for regular and filed more than 12 months apart. Proposed 39 CFR part 3010, subpart G predictable rate adjustments. 3010.244 Calculation of unused rate describes new rate-setting criteria adjustment authority for rate adjustments Subpart B—Rate Adjustments applicable to non-compensatory classes that only include rate decreases. and products. 3010.120 General. 3010.245 Application of banked rate Proposed 39 CFR part 3010, subpart H 3010.121 Postal Service rate adjustment authority. filing. relates to the manner by which the Subpart I—Rate Adjustments Due to Postal Service is required to calculate 3010.122 Contents of a rate adjustment filing. Extraordinary and Exceptional unused rate adjustment authority and, if 3010.123 Supporting technical Circumstances applicable, revise the schedule of documentation. 3010.260 General. banked rate adjustment authority 3010.124 Docket and notice. 3010.261 Contents of a rate adjustment whenever it plans to adjust rates. 3010.125 Opportunity for comments. filing. Proposed 39 CFR 3010, subpart I 3010.126 Proceedings. 3010.262 Supplemental information. incorporates the requirements 3010.127 Maximum rate adjustment 3010.263 Docket and notice. concerning exigent rate increases. These authority. 3010.264 Public hearing. updates are not intended to change the 3010.128 Calculation of percentage change 3010.265 Opportunity for comments. meaning or operation of the current in rates. 3010.266 Deadline for Commission decision. rules, but the current rules have been 3010.129 Exceptions for de minimis rate increases. 3010.267 Treatment of banked rate reorganized. adjustment authority. Proposed 39 CFR 3010, subpart J Subpart C—Consumer Price Index Rate establishes rate design criteria for Authority Subpart J—Workshare Discounts workshare discounts, including setting 3010.140 Applicability. 3010.280 Applicability.
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3010.281 Calculation of passthroughs for Generally, the regulations in this part § 3010.102 Schedule for regular and workshare discounts. are applicable to individual classes of predictable rate adjustments. 3010.282 Increased pricing efficiency. mail. (a) The Postal Service shall develop a 3010.283 Limitations on excessive (e) ‘‘Density rate authority’’ means Schedule for Regular and Predictable discounts. 3010.284 Limitations on discounts below rate authority that is available to all Rate Adjustments applicable to rate avoided cost. classes to address the effects of adjustments subject to this part. The 3010.285 Proposal to adjust a rate decreases in density of mail. Schedule for Regular and Predictable associated with a workshare discount. (f) ‘‘Maximum rate adjustment Rate Adjustments shall: 3010.286 Application for waiver. authority’’ means the maximum (1) Schedule rate adjustments at Authority: 39 U.S.C. 503; 3622. percentage change in rates available to specific regular intervals of time; a class for any planned increase in rates. (2) Provide estimated filing and Subpart A—General Provisions. It is the sum of: The consumer price implementation dates (month and year) index rate authority, and any available for future rate adjustments for each class § 3010.100 Applicability. density rate authority, retirement of mail expected over a minimum of the (a) The rules in this part implement obligation rate authority, banked rate next 3 years; and provisions in 39 U.S.C. chapter 36, authority, performance-based rate (3) Provide an explanation that will subchapter I, establishing the modern authority, and rate authority applicable allow mailers to predict with reasonable system of ratemaking for regulating rates to non-compensatory classes. accuracy, by class, the amounts of future and classes for market dominant (g) ‘‘Performance-based rate scheduled rate adjustments. products. These rules are applicable authority’’ means rate authority that is (b) The Postal Service shall file a whenever the Postal Service proposes to available to all classes where the Postal current Schedule for Regular and adjust a rate of general applicability for Service meets or exceeds operational Predictable Rate Adjustments annually any market dominant product, which efficiency-based requirement and with the Commission at the time of includes the addition of a new rate, the adheres to service standard-based filing the Postal Service’s section 3652 removal of an existing rate, or a change requirement as determined by the report. The Commission shall post the to an existing rate. Current rates may be Commission. current schedule on the Commission’s found in the Mail Classification (h) ‘‘Rate authority applicable to non- website at www.prc.gov. Schedule appearing on the compensatory classes’’ means rate (c) Whenever the Postal Service Commission’s website at www.prc.gov. authority available to classes where deems it appropriate to change the (b) Rates may be adjusted either revenue for each product within the Schedule for Regular and Predictable subject to the rules appearing in subpart class was insufficient to cover that Rate Adjustments, it shall file a revised B of this part, which includes a product’s attributable costs as schedule. limitation on rate increases, or subject to determined by the Commission. (d) The Postal Service may vary the the rules appearing in subpart I of this (i) ‘‘Rate cell’’ means each and every magnitude of rate adjustments from part, which does not include a separate rate identified as a rate of those estimated by the Schedule for limitation on rate increases but requires general applicability. Regular and Predictable Rate either extraordinary or exceptional (j) ‘‘Rate incentive’’ means a discount Adjustments. In such case, the Postal circumstances. The rules applicable to that is not a workshare discount and Service shall provide an explanation for the calculation of the limitations on rate that is designed to increase or retain such variation with its rate adjustment increases appear in subparts C through volume, improve the value of mail for filing. H of this part. The rules for workshare mailers, or improve the operations of discounts, which are applicable the Postal Service. Subpart B—Rate Adjustments whenever market dominant rates are (k) ‘‘Rate of general applicability’’ adjusted, appear in subpart J of this part. § 3010.120 General means a rate applicable to all mail This subpart describes the process for § 3010.101 Definitions. meeting standards established by the the periodic adjustment of rates subject (a) The definitions in paragraphs (b) Mail Classification Schedule, the to the percentage limitations specified through (m) of this section apply to this Domestic Mail Manual, and the in § 3010.127 that are applicable to each part. International Mail Manual. A rate is not class of mail. (b) ‘‘Annual limitation’’ means the a rate of general applicability if annual limitation on the percentage eligibility for the rate is dependent on § 3010.121 Postal Service rate adjustment change in rates equal to the change in factors other than the characteristics of filing. the Consumer Price Index for all Urban the mail to which the rate applies. A (a) In every instance in which the Consumers (CPI–U) unadjusted for rate is not a rate of general applicability Postal Service determines to exercise its seasonal variation over the most if it benefits a single mailer. A rate that statutory authority to adjust rates for a recently available 12-month period is only available upon the written class of mail, the Postal Service shall preceding the date the Postal Service agreement of both the Postal Service and comply with the requirements specified files a request to review its notice of rate a mailer, a group of mailers, or a foreign in paragraphs (b) through (d) of this adjustment, as determined by the postal operator is not a rate of general section. Commission. applicability. (b) The Postal Service shall take into (c) ‘‘Banked rate authority’’ means (l) ‘‘Retirement obligation rate consideration how the planned rate unused rate adjustment authority authority’’ means rate authority that is adjustments are in accordance with the accumulated for future use pursuant to available to all classes to provide provisions of 39 U.S.C. chapter 36. these rules. revenue for remittance towards the (c) The Postal Service shall provide (d) A ‘‘class’’ of mail means the First- statutorily mandated amortization public notice of its planned rate Class Mail, USPS Marketing Mail, payments for unfunded liabilities. adjustments in a manner reasonably Periodicals, Package Services, or Special (m) A ‘‘seasonal or temporary rate’’ is designed to inform the mailing Services groupings of market dominant a rate that is in effect for a limited and community and the general public that Postal Service products or services. defined period of time. it intends to adjust rates no later than 90
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days prior to the planned citations to original sources. The (2) A statement of whether the Postal implementation date of the rate information must be submitted in Service has excluded the rate incentive adjustments. machine-readable, electronic format. from the calculation of the percentage (d) The Postal Service shall file a Spreadsheet cells must be linked to change in rates under § 3010.128. request to review its notice of rate underlying data sources or calculations (k) For each class or product where adjustment with the Commission no (not hard-coded), as appropriate. the attributable cost for that class or later than 90 days prior to the planned (b) The maximum rate adjustment product exceeded the revenue from that implementation date of the rate authority, by class, as summarized by class or product as determined by the adjustment. § 3010.127 and calculated separately for Commission, a demonstration that the each of subparts C through H of this planned rate adjustments comply with § 3010.122 Contents of a rate adjustment part, as appropriate. the requirements in subpart G of this filing. (c) A schedule showing the banked part. (a) A rate adjustment filing under rate adjustment authority available, by § 3010.121 shall include the items class, and the available amount for each § 3010.124 Docket and notice. specified in paragraphs (b) through (j) of of the preceding 5 years calculated as (a) The Commission will establish a this section. required by subpart H of this part. docket for each rate adjustment filed by (b) A representation or evidence that (d) The calculation of the percentage the Postal Service under § 3010.121, public notice of the planned changes change in rates, by class, calculated as promptly publish notice of the filing in has been issued or will be issued at least required by § 3010.128. the Federal Register, and post the filing 90 days before the effective date(s) for (e) The planned usage of rate on its website. The notice shall include the planned rate adjustments. adjustment authority, by class, and the items specified in paragraphs (b) (c) The intended effective date(s) of calculated separately for each of through (g) of this section. the planned rate adjustments. subparts C through H of this part, as (b) The general nature of the (d) A schedule of the planned rate appropriate. proceeding. adjustments, including a schedule (f) The amount of new unused rate (c) A reference to legal authority identifying every change to the Mail adjustment authority, by class, if any, under which the proceeding is to be Classification Schedule that will be that will be generated by the rate conducted. necessary to implement the planned rate adjustment calculated as required by (d) A concise description of the adjustments. subpart H of this part, as applicable. planned changes in rates, fees, and the (e) The identity of a responsible Postal (g) A schedule of the workshare Mail Classification Schedule. Service official who will be available to discounts included with the planned (e) The identification of an officer of provide prompt responses to requests rate adjustments, and a companion the Commission to represent the for clarification from the Commission. schedule listing the avoided costs that interests of the general public in the (f) The supporting technical underlie each such discount. docket. documentation as described in (h) Whenever the Postal Service (f) A period of 30 days from the date § 3010.123. establishes a new workshare discount of the filing for public comment. (g) A demonstration that the planned rate, it must include with its filing: (g) Such other information as the rate adjustments are consistent with 39 (1) A statement explaining its reasons Commission deems appropriate. U.S.C. 3626, 3627, and 3629. for establishing the workshare discount; (h) A certification that all cost, (2) All data, economic analyses, and § 3010.125 Opportunity for comments. avoided cost, volume, and revenue other information relied on to justify the Public comments should focus on figures submitted with the rate workshare discount; and whether planned rate adjustments adjustment filing are developed from (3) A certification based on comport with applicable statutory and the most recent applicable Commission comprehensive, competent analyses that regulatory requirements. accepted analytical principles. the discount will not adversely affect § 3010.126 Proceedings. (i) For a rate adjustment that only either the rates or the service levels of includes a decrease in rates, a statement users of postal services who do not take (a) If the Commission determines that of whether the Postal Service elects to advantage of the workshare discount. the rate adjustment filing does not generate unused rate adjustment (i) Whenever the Postal Service substantially comply with the authority. establishes a new discount or surcharge requirements of §§ 3010.122 and (j) Such other information as the rate it does not view as creating a 3010.123, the Commission may: Postal Service believes will assist the workshare discount, it must include (1) Inform the Postal Service of the Commission in issuing a timely with its filing: deficiencies and provide an opportunity determination of whether the planned (1) An explanation of the basis for its for the Postal Service to take corrective rate adjustments are consistent with view that the discount or surcharge rate action; applicable statutory policies. is not a workshare discount; and (2) Toll or otherwise modify the (2) A certification that the Postal procedural schedule until such time the § 3010.123 Supporting technical Service applied accepted analytical Postal Service takes corrective action; documentation. principles to the discount or surcharge (3) Dismiss the rate adjustment filing (a) Supporting technical rate. without prejudice; or documentation shall include the items (j) Whenever the Postal Service (4) Take other action as deemed specified in paragraphs (b) through (k) includes a rate incentive with its appropriate by the Commission. of this section, as applicable to the planned rate adjustment, it must (b) Within 21 days of the conclusion specific rate adjustment filing. This include with its filing: of the public comment period the information must be supported by (1) If the rate incentive is a rate of Commission will determine whether the workpapers in which all calculations general applicability, sufficient planned rate adjustments are consistent are shown and all relevant values (e.g., information to demonstrate that the rate with applicable law and issue an order rates, CPI–U values, billing incentive is a rate of general announcing its findings. Applicable law determinants) are identified with applicability; and means only the applicable requirements
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of this part, Commission directives and for each class of market dominant mail identify and explain all adjustments. All orders, and 39 U.S.C. 3626, 3627, and is limited to the sum of the percentage information and calculations relied 3629. points developed in: upon to develop the adjustments shall (c) If the planned rate adjustments are (1) Subpart C—Consumer Price Index be provided together with an found consistent with applicable law, Rate Authority; explanation of why the adjustments are they may take effect. (2) Subpart D—Density Rate appropriate. (d) If the planned rate adjustments are Authority; (2) Whenever possible, adjustments found inconsistent with applicable law, (3) Subpart E—Retirement Obligation shall be based on known mail the Commission will notify and require Rate Authority; characteristics or historical volume data, the Postal Service to respond to any (4) Subpart F—Performance-based as opposed to forecasts of mailer issues of noncompliance. Rate Authority; (e) Following the Commission’s notice (4) Subpart G—Non-compensatory behavior. of noncompliance, the Postal Service Classes or Products; and (3) For an adjustment accounting for may submit an amended rate adjustment (5) Subpart H—Accumulation of the effects of the deletion of a rate cell filing that describes the modifications to Unused and Disbursement of Banked when an alternate rate cell is not its planned rate adjustments that will Rate Adjustment Authority. available, the Postal Service should bring its rate adjustments into (b) For any product where the adjust the billing determinants compliance. An amended rate attributable cost for that product associated with the rate cell to 0. If the adjustment filing shall be accompanied exceeded the revenue from that product Postal Service does not adjust the billing by sufficient explanatory information to as determined by the Commission, rates determinants for the rate cell to 0, the show that all deficiencies identified by may not be reduced. Postal Service shall include a rationale the Commission have been corrected. § 3010.128 Calculation of percentage for its treatment of the rate cell with the (f) The Commission will allow a change in rates. information required under paragraph period of 10 days from the date of the (b)(1) of this section. amended rate adjustment filing for (a) For the purpose of calculating the percentage change in rates, the current (c) For a rate adjustment that involves public comment. a rate increase, for each class of mail (g) The Commission will review the rate is the rate in effect at the time of and product within the class, the amended rate adjustment filing together the rate adjustment filing under percentage change in rates is calculated with any comments filed for compliance § 3010.121 with the following in three steps. First, the volume of each and issue an order announcing its exceptions. rate cell in the class is multiplied by the findings within 21 days after the (1) A seasonal or temporary rate shall planned rate for the respective cell and comment period ends. be identified and treated as a rate cell the resulting products are summed. (h) If the planned rate adjustments as separate and distinct from the Second, the same set of rate cell amended are found to be consistent corresponding non-seasonal or volumes is multiplied by the with applicable law, they may take permanent rate. When used with respect corresponding current rate for each cell effect. However, no amended rate shall to a seasonal or temporary rate, the and the resulting products are summed. take effect until 45 days after the Postal current rate is the most recent rate in Third, the percentage change in rates is Service transmits its rate adjustment effect for the rate cell, regardless of calculated by dividing the results of the filing specifying that rate. whether the seasonal or temporary rate (i) If the planned rate adjustments in is available at the time of the rate first step by the results of the second an amended rate adjustment filing are adjustment filing. step and subtracting 1 from the quotient. found to be inconsistent with applicable (2) When used with respect to a rate The result is expressed as a percentage. law, the Commission shall explain the cell that corresponds to a rate incentive (d) For rate adjustments that only basis for its determination and suggest that was previously excluded from the involve a rate decrease, for each class of an appropriate remedy. Noncompliant calculation of the percentage change in mail and product within the class, the rates may not go into effect. rates, the current rate is the full percentage change in rates is calculated (j) A Commission finding that a undiscounted rate in effect for the rate by amending the workpapers attached to planned rate adjustment is in cell at the time of the rate adjustment the Commission’s order relating to the compliance with the applicable filing, not the discounted rate in effect most recent rate adjustment filing that requirements of this part, Commission for the rate cell at such time. involved a rate increase to replace the directives and orders, and 39 U.S.C. (b) For the purpose of calculating the planned rates under the most recent rate 3626, 3627, and 3629 is decided on the percentage change in rates, the volume adjustment filing that involves a rate merits. A Commission finding that a for each rate cell shall be obtained from increase with the corresponding planned rate adjustment does not the most recently available 12 months of planned rates applicable to the class contravene other policies of 39 U.S.C. Postal Service billing determinants with from the rate adjustment filing involving chapter 36, subchapter I is provisional the following permissible adjustments. only a rate decrease. and subject to subsequent review. (1) The Postal Service shall make reasonable adjustments to the billing (e) The formula for calculating the § 3010.127 Maximum rate adjustment determinants to account for the effects percentage change in rates for a class, authority. of classification changes such as the described in paragraphs (c) and (d) of (a) The maximum rate adjustment introduction, deletion, or redefinition of this section, is as follows: authority available to the Postal Service rate cells. The Postal Service shall Percentage change in rates =
(t, (R,,n)(V;) It, (R,,c)(V;) )-1
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Where, § 3010.129 Exceptions for de minimis rate as determined by the Commission, rates N = number of rate cells in the class increases. may not be reduced. i = denotes a rate cell (i = 1, 2, ..., N) (a) The Postal Service may request Ri,n = planned rate of rate cell i that the Commission review a de Subpart C—Consumer Price Index Ri,c = current rate of rate cell i (for rate minimis rate increase without Rate Authority adjustment involving a rate increase) or immediately calculating the maximum rate from most recent rate adjustment rate adjustment authority or banking § 3010.140 Applicability. involving a rate increase for rate cell i (for a rate adjustment only involving a unused rate adjustment authority. For The Postal Service may adjust rates rate decrease) this exception to apply, requests to based upon changes in the Consumer Vi = volume of rate cell i review de minimis rate adjustments Price Index for all Urban Consumers must be filed separately from any other (f) Treatment of rate incentives. (CPI–U) identified in § 3010.141. If rate request to review a rate adjustment adjustment filings involving rate (1) Rate incentives may be excluded filing. increases are filed 12 or more months from a percentage change in rates (b) Rate adjustments resulting in rate apart, rate adjustments are subject to a calculation. If the Postal Service elects increases are de minimis if: to exclude a rate incentive from a (1) For each affected class, the rate full year limitation calculated pursuant percentage change in rates calculation, increases do not result in the percentage to § 3010.142. If rate adjustment filings the rate incentive shall be treated in the change in rates for the class equaling or involving rate increases are filed less same manner as a rate under a exceeding 0.001 percent; and than 12 months apart, rate adjustments negotiated service agreement (as (2) For each affected class, the sum of are subject to a partial year limitation described in § 3010.128(g)). all rate increases included in de calculated pursuant to § 3010.143. minimis rate increases since the most (2) A rate incentive may be included § 3010.141 CPI–U data source. in a percentage change in rates recent rate adjustment resulting in a rate calculation if it meets the following increase, or the most recent rate The monthly CPI–U values needed for criteria: adjustment due to extraordinary and the calculation of rate adjustment exceptional circumstances, that was not limitations under this section shall be (i) The rate incentive is in the form of a de minimis rate increase does not a discount or can be easily translated obtained from the Bureau of Labor result in the percentage change in rates Statistics (BLS) Consumer Price Index— into a discount; for the class equaling or exceeding 0.001 (ii) Sufficient billing determinants are All Urban Consumers, U.S. All Items, percent. Not Seasonally Adjusted, Base Period available for the rate incentive to be (c) If the rate adjustments are de 1982–84 = 100. The current Series ID for included in the percentage change in minimis, no unused rate adjustment the index is ‘‘CUUR0000SA0.’’ rate calculation for the class, which may authority will be added to the schedule be adjusted based on known mail of banked rate adjustment authority § 3010.142 CPI–U rate authority when rate characteristics or historical volume data maintained under subpart G of this part adjustment filings are 12 or more months (as opposed to forecasts of mailer as a result of the de minimis rate apart. behavior); and increase. (iii) The rate incentive is a rate of (d) If the rate adjustments are de (a) If a rate adjustment filing involving general applicability. minimis, no rate decreases may be taken a rate increase is filed 12 or more months after the most recent rate (g) Treatment of volume associated into account when determining whether adjustment filing involving a rate with negotiated service agreements and rate increases comply with paragraphs rate incentives that are not rates of (b)(1) and (2) of this section. increase, then the calculation of an general applicability. (e) In the next rate adjustment filing annual limitation for the class (full year proposing to increase rates for a class limitation) involves three steps. First, a (1) Mail volumes sent at rates under that is not a de minimis rate increase: simple average CPI–U index is a negotiated service agreement or a rate (1) The maximum rate adjustment calculated by summing the most incentive that is not a rate of general authority shall be calculated as if the de recently available 12 monthly CPI–U applicability are to be included in the minimis rate increase had not been calculation of the percentage change in values from the date of the rate filed; and adjustment filing and dividing the sum rates under this section as though they (2) For purposes of calculating the paid the appropriate rates of general by 12 (Recent Average). Second, a percentage change in rates, the current second simple average CPI–U index is applicability. Where it is impractical to rate shall be the current rate from the de similarly calculated by summing the 12 identify the rates of general applicability minimis rate increase. (e.g., because unique rate categories are (f) The Postal Service shall file monthly CPI–U values immediately created for a mailer), the volumes supporting workpapers with each preceding the Recent Average and associated with the mail sent under the request to review a de minimis rate dividing the sum by 12 (Base Average). terms of the negotiated service increase that demonstrate that the sum Third, the full year limitation is agreement or the rate incentive that is of all rate increases included in de calculated by dividing the Recent not a rate of general applicability shall minimis rate increases since the most Average by the Base Average and be excluded from the calculation of the recent rate adjustment resulting in a rate subtracting 1 from the quotient. The percentage change in rates. increase that was not de minimis, or the result is expressed as a percentage, (2) The Postal Service shall identify most recent rate adjustment due to rounded to three decimal places. and explain all assumptions it makes extraordinary and exceptional (b) The formula for calculating a full with respect to the treatment of circumstances, does not result in a year limitation for a rate adjustment negotiated service agreements and rate percentage change in rates for the class filing filed 12 or more months after the incentives that are not rates of general equaling or exceeding 0.001 percent. last rate adjustment filing is as follows: applicability in the calculation of the (g) For any product where the Full Year Limitation = (Recent Average/ percentage change in rates and provide attributable cost for that product Base Average)¥1. the rationale for its assumptions. exceeded the revenue from that product
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§ 3010.143 CPI–U rate authority when rate Subpart D—Density Rate Authority § 3010.161 Density calculation data adjustment filings are less than 12 months sources. apart. § 3010.160 Applicability. (a) The data needed for the (a) If a rate adjustment filing involving (a) This subpart allocates rate calculation of the density rate authority a rate increase is filed less than 12 authority to address the effects of in § 3010.162 shall be obtained from the months after the most recent rate decreases in the density of mail as values reported by the Postal Service as adjustment filing involving a rate measured by the sources identified in specified in paragraphs (b) through (d) increase, then the annual limitation for § 3010.161. The calculation of the of this section. When both originally the class (partial year limitation) will additional rate authority corresponding filed and annually revised data are recognize the rate increases that have to the change in density is described in available, the originally filed data shall occurred during the preceding 12 § 3010.162. be used. When the originally filed data months. When the effects of those are corrected through a refiling or in the increases are removed, the remaining (b) The Postal Service shall file a notice with the Commission by Commission’s Annual Compliance partial year limitation is the applicable Determination report, the corrected restriction on rate increases. December 31 of each year that calculates the amount of density rate authority that version of the originally filed data shall (b) The applicable partial year be used. limitation is calculated in two steps. is eligible to be authorized under this subpart. (b) Market dominant volume and total First, a simple average CPI–U index is volume from the Revenue, Pieces, and calculated by summing the 12 most (c) The Commission shall review the Weight report, filed by the Postal recently available monthly CPI–U Postal Service’s notice and determine Service under § 3050.25 of this chapter; values from the date of the rate how much, if any, rate authority will be (c) Institutional costs and total costs adjustment filing and dividing the sum authorized under this subpart. Any rate from the Cost and Revenue Analysis by 12 (Recent Average). Second, the authority allocated under this subpart: report, filed with the Postal Service’s partial year limitation is then calculated (1) Shall be made available to the section 3652 report; and by dividing the Recent Average by the Postal Service as of the date of the (d) The number of delivery points, Recent Average from the most recent Commission’s determination; from the input data used to produce the previous rate adjustment filing (2) Must be included in the Total Factor Productivity estimates, (Previous Recent Average) applicable to calculation of the maximum rate filed with the Postal Service’s section each affected class of mail and adjustment authority in the first 3652 report. subtracting 1 from the quotient. The generally applicable rate adjustment result is expressed as a percentage, § 3010.162 Calculation of density rate filed after the Commission’s authority. rounded to three decimal places. determination; (c) The formula for calculating the (a) Formulas—(1) The formula for partial year limitation for a rate (3) Shall lapse if unused, within 12 calculating the amount of density rate adjustment filing filed less than 12 months of the Commission’s authority, in conformance with months after the last rate adjustment determination; and paragraph (c)(1) of this section, is as filing is as follows: Partial Year (4) May not be used to generate follows: Limitation = (Recent Average/Previous unused rate authority, nor shall it affect Density rate authority = the greater of Recent Average)¥1. existing banked rate authority. 0 and
Where, %DD[T–1,T] = Percentage change in density conformance with paragraph (b)(2) of T = most recently completed fiscal year from fiscal year T–1 to fiscal year T this section, is as follows: T–1 = fiscal year prior to fiscal year T Percentage change in density from ICT = institutional cost in fiscal year T (2) The formula for calculating the TCT = total cost in fiscal year T percentage change in density, in prior fiscal year =
Where, this section shall be calculated in three calculated as institutional costs for the T = most recently completed fiscal year steps. First, the percentage change in most recently completed fiscal year T–1 = fiscal year prior to fiscal year T density during the most recently divided by total costs for that fiscal year. VT = volume in fiscal year T (either market completed fiscal year shall be calculated Finally, this product shall be multiplied dominant volume or total volume as discussed in paragraph (b)(2) of this using the formula in paragraph (a)(2) of by negative 1 so that declines in density section) this section as described in paragraph correspond to a positive increase in DPT = delivery points in fiscal year T (b)(2) of this section. Second, this rates. If the result of this calculation is (b) Calculation—(1) The amount of percentage change shall be multiplied less than 0, the amount of additional density rate authority available under by the institutional cost ratio, which is rate authority shall be 0.
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(2) The percentage change in density authority, calculated as described in authority in § 3010.183 shall be from the prior fiscal year shall be § 3010.183, shall be phased in over 5 obtained from values reported in the calculated as the ratio of volume to fiscal years, taking into account changes Revenue, Pieces, and Weight report, delivery points for the most recently in volume during the phase-in period. If filed by the Postal Service under completed fiscal year, divided by the combined with an equal rate increase on § 3050.25 of this chapter. same ratio for the prior fiscal year, and Competitive products, the compounded (c) The values for additional rate subtracting 1 from the quotient. The rate increase resulting from retirement authority previously provided under result is expressed as a percentage, obligation rate authority is calculated to this subpart, if any, needed for the rounded to three decimal places. To generate sufficient additional revenue at calculation of retirement obligation rate ensure that decreases in competitive the end of the phase-in period to permit authority in § 3010.182 and the product volume will not result in the the Postal Service to remit the entire calculation of required minimum Postal Service receiving greater invoiced amount of its amortization remittances under § 3010.183 shall be additional rate adjustment authority payments. obtained from the Commission’s prior under this subpart, the percentage (b) The Postal Service shall file a determinations. change in density shall be calculated notice with the Commission by December 31 of each year, until the § 3010.183 Calculation of retirement two ways: Using market dominant obligation rate authority. volume and using total volume. The conclusion of the phase-in period, that (a) Formulas—(1) The formula for greater of the two results (not using calculates the amount of retirement calculating the amount of retirement absolute value) shall be used as the obligation rate authority that is eligible obligation rate authority available under percentage change in density from the to be authorized under this subpart. this subpart, described in paragraph prior fiscal year. (c) The Commission shall review the Postal Service’s notice and determine (b)(1) of this section, is as follows: Subpart E—Retirement Obligation Rate how much, if any, rate authority will be Additional rate authority in fiscal year Authority authorized under this subpart. Any rate T+1 = authority allocated under this subpart: § 3010.180 Definitions. (1) Shall be made available to the (a) The definitions in paragraphs (b) Postal Service as of the date of the through (e) of this section apply to this Commission’s determination; subpart. (2) Must be included in the Where, (b) ‘‘Amortization payments’’ mean calculation of the maximum rate T = most recently completed fiscal year the amounts that the Postal Service is adjustment authority in the first APT = total amortization payment for fiscal invoiced by the U.S. Office of Personnel generally applicable rate adjustment year T Management to provide for the filed after the Commission’s TRT = total revenue in fiscal year T liquidation of the specific and determination; PARAT = previously authorized retirement supplemental unfunded liabilities by (3) Shall lapse if not used in the first obligation rate authority, compounded statutorily predetermined dates, as generally applicable rate adjustment through fiscal year T, expressed as a proportion of the market dominant rate described in § 3010.182(a). filed after the Commission’s (c) ‘‘Phase-in period’’ means the base and calculated using the formula in determination; paragraph (a)(2) of this section as period of time spanning the fiscal years (4) Shall lapse if unused, within 12 described in paragraph (b)(2) of this of issuance of the first five months of the Commission’s section determinations following the effective determination; and N = number of previously issued date of this subpart, as specified by the (5) May not be used to generate determinations in which retirement timing provisions in § 3010.181. unused rate authority, nor shall it affect obligation rate authority was made (d) ‘‘Required minimum remittance’’ existing banked rate authority. available under this subpart means the minimum amount the Postal (2) The formula for calculating the Service is required to remit during a § 3010.182 Retirement obligation data amount of previously authorized sources. particular fiscal year, as calculated retirement obligation rate authority under § 3010.184. (a) The amounts of the amortization through fiscal year T, described in (e) ‘‘Revenue collected under this payments needed for the calculation of paragraph (b)(2) of this section, is as subpart’’ means the amount of revenue retirement obligation rate adjustment follows: collected during a fiscal year as a result authority in § 3010.183 shall be Previously authorized retirement of all previous rate increases authorized obtained from notifications to the Postal obligation rate authority through fiscal under this subpart, as calculated under Service by the Office of Personnel year T = § 3010.184. Management of annual determinations of the funding amounts specific to § 3010.181 Applicability. payments at the end of each fiscal year (a) This subpart allocates additional for Retiree Health Benefits as computed rate authority to provide the Postal under 5 U.S.C. 8909a(d)(2)(B) and Service with revenue for remittance (d)(3)(B)(ii); the Civil Service Retirement Where, towards the statutorily mandated System as computed under 5 U.S.C. T = most recently completed fiscal year amortization payments for supplemental 8348(h)(2)(B); and the Federal rt = retirement obligation rate authority and unfunded liabilities identified in Employees Retirement System as authorized in fiscal year t § 3010.182. As described in § 3010.184, computed under 5 U.S.C. 8423(b)(1)(B), N = number of previously issued for retirement obligation rate authority (b)(2) and (b)(3)(B), filed with the Postal determinations in which retirement to be made available, the Postal Service Service’s section 3652 report. obligation rate authority was made must annually remit towards these (b) The values for market dominant available under this subpart amortization payments all revenue revenue, total revenue and market (c) Calculations—(1) The amount of collected under this subpart previously. dominant volumes needed for the retirement obligation rate authority The full retirement obligation rate calculation of retirement obligation rate available for a fiscal year shall be
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calculated in four steps. First, the ratio difference shall be raised to the power § 3010.184 Required minimum of the total amortization payment for the of the inverse of the number of remittances. fiscal year under review to the total determinations remaining in the phase- (a) Minimum remittances. During revenue in the fiscal year under review in period, including the current each fiscal year subsequent to the year shall be added to 1. This sum represents determination. Finally, 1 shall be of the effective date of this subpart, the the factor by which an equal increase in subtracted from the result to convert Postal Service shall remit towards the market dominant and competitive rates from a proportional change in rates to a liabilities identified in § 3010.182 an in the fiscal year under review would percentage of rate adjustment authority. generate sufficient additional revenue to amount equal to or greater than the make the full amortization payment. It (2) The amount of previously amount of revenue collected as a result does not account, however, for any authorized retirement obligation rate of all previous rate increases under this previous rate authority authorized authority shall be calculated in two subpart during the previous fiscal year, under this subpart. The second step is steps. First, the sums of 1 and the as calculated using the formulas in therefore to subtract the proportion of amount of retirement obligation rate paragraph (b) of this section, as the market dominant rate base resulting authority authorized in each of the described in paragraph (c) of this from previously authorized retirement previous fiscal years shall be multiplied section. together. This product represents the obligation rate authority. That (b) Formulas—(1) The formula for compounded amount of such rate proportion is calculated using the calculating the amount of revenue authority, expressed as a net rate formula in § 3010.184(a)(2) as described collected under this subpart during a in § 3010.183(b)(2) Third, to amortize increase. To express this product as a fiscal year, described in paragraph (c)(1) the resulting amount of retirement proportion of the market dominant rate of this section, is as follows: obligation rate authority over the base, the second step is to subtract the remainder of the phase-in period, the inverse of this product from 1. Amount of revenue =
Where, rt = retirement obligation rate authority (2) The formula for calculating the T = most recently completed fiscal year authorized in fiscal year t prorated fraction of retirement MDRT = market dominant revenue in fiscal pt = prorated fraction of rt that was in effect obligation rate authority authorized in a year T during fiscal year T, calculated using the particular fiscal year t that was in effect N = number of previously issued formula in paragraph (a)(2) of this during the most recently completed determinations in which retirement section, as described in paragraph (b)(2) fiscal year, described in paragraph (c)(2) obligation rate authority was made of this section of this section, is as follows: available under this subpart Prorated fraction =
0, if rt was not in effect during fiscal year T 1, if rt was in effect for all of fiscal year T (;~) ( QMDVQ) + L{=Q+1 QMDVi ------, if rt came into effect during fiscal year T MDVr
Where, during a fiscal year, as calculated by the this product shall be subtracted from 1. T = most recently completed fiscal year formula in paragraph (a)(1) of this Finally, the result shall be multiplied by rt = retirement obligation rate authority section, shall be calculated in three market dominant revenue for the fiscal authorized under this subpart in fiscal steps. First, the sums of 1 and the year to change the proportion into a year t dollar amount. Q = the number of the quarter during the amount of retirement obligation rate fiscal year of the effective date of the authority made available under this (2) The prorated fraction of retirement price increase including retirement subpart during each previous fiscal obligation rate authority authorized in a obligation rate authority made available year—prorated to account for mid-year particular fiscal year that was in effect under this subpart price increases as described in during the most recently completed EQ = number of days in quarter Q subsequent paragraph (b)(2) of this section—shall by fiscal year, as calculated by the formula to and including the effective date of the multiplied together. This product price increase in paragraph (b)(2) of this section, shall represents the proportion by which DQ = total number of days in quarter Q be a piecewise function of three parts. QMDVQ = market dominant volume in prices were higher during the most First, if the retirement obligation rate quarter Q recently completed during the fiscal authority authorized in a particular year MDVT = market dominant volume in fiscal year as a result of retirement obligation was not in effect during the most year T rate authority. Second, to express this recently completed fiscal year, the (c) Calculations—(1) The amount of net price increase as a proportion of prorated fraction shall be 0. Second, if revenue collected under this subpart market dominant revenue, the inverse of the retirement obligation rate authority
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authorized in a particular year was in § 3010.182 are not equal to or greater substantially nationwide basis as effect during the entirety of the most than the minimum remittance required determined by the Commission. recently completed fiscal year, the for that fiscal year under § 3010.184(a). (b) Any interested person may file a prorated fraction shall be 1. Finally, if challenge to the notice provided by the the retirement obligation rate authority Subpart F—Performance-Based Rate Postal Service under § 3010.200(b) by authorized in a particular fiscal year Authority March 15 of each year. The scope of such a challenge shall be limited to was used to raise prices during the most § 3010.200 Applicability. recently completed fiscal year, the whether or not the Postal Service’s prorated fraction shall be the proportion (a) This subpart allocates service standards (including applicable of volume sent during the fiscal year performance-based rate authority of 1 business rules) during the applicable after that rate increase went into effect. percentage point for each class of mail, fiscal year met or exceeded the service (c) This proportion shall be calculated which is available upon meeting or standards in place for the prior fiscal in four steps. First, the number of days exceeding both an operational year on a nationwide or substantially of the fiscal quarter after and including efficiency-based requirement and nationwide basis. The Commission shall the effective date of the price adhering to a service standard-based issue an order which rules on any adjustment including the retirement requirement. This rate authority is challenge as soon as practicable. obligation rate authority shall be allocated based on both meeting the divided by the total number of days in operational efficiency-based Subpart G—Non-Compensatory that fiscal quarter. This quotient requirement appearing in § 3010.201 Classes or Products and meeting the service standard-based determines the proportion of days in § 3010.220 Applicability. that quarter in which the higher rates requirement appearing in § 3010.202. This subpart is applicable to a class or were in effect. Second, that quotient (b) The Postal Service shall file a product where the attributable cost for shall be multiplied by the market notice with the Commission by that class or product exceeded the dominant volume from that fiscal December 31 of each year that revenue from that class or product as quarter to determine the amount of demonstrates whether or not determined by the Commission. Section volume during the quarter receiving the performance-based rate authority is 3010.221 is applicable where the higher rates. Third, that product shall be eligible to be authorized under this attributable cost for a product within a subpart. added to the market dominant volume class exceeded the revenue from that (c) The Commission shall review the from any subsequent quarters of the particular product. Section 3010.222 is Postal Service’s notice and any fiscal year because the volume in those applicable where the attributable cost challenges filed pursuant to quarters was also sent under the higher for an entire class exceeded the revenue § 3010.202(b) and announce how much, rates. Finally, this sum shall be divided from that class. by the total market dominant volume if any, rate authority will be authorized from the fiscal year to determine the under this subpart. Any rate authority § 3010.221 Individual product requirement. proportion of annual volume sent after allocated under this subpart: Whenever the Postal Service files a the rate increase went into effect. (1) Shall be made available to the rate adjustment filing affecting a class of Postal Service as of the date of the mail which includes a product where § 3010.185 Forfeiture. Commission’s announcement; the attributable cost for that product (a) If any of the circumstances (2) Must be included in the exceeded the revenue from that product, described in paragraphs (b) through (d) calculation of the maximum rate as determined by the Commission, the of this section occur, the Postal Service adjustment authority in the first Postal Service shall increase the rates shall not be eligible for future retirement generally applicable rate adjustment for each non-compensatory product by a obligation rate authority under this filed after the Commission’s minimum of 2 percentage points above subpart, and the Commission may announcement; the percentage increase for that class. commence additional proceedings as (3) Shall lapse if unused, 12 months This section does not create additional appropriate. after the Commission’s announcement; rate authority applicable to any class of (b) If, subsequent to 45 calendar days and mail. after the effective date of this subpart (4) May not be used to generate and prior to the end of the phase-in unused rate authority, nor shall it affect § 3010.222 Class requirement and period, the Postal Service fails to timely existing banked rate authority. additional class rate authority. file the notice required under (a) This section provides 2 percentage § 3010.181(b); § 3010.201 Operational efficiency-based points of additional rate authority for (c) In any fiscal year in which requirement. any class of mail where the attributable retirement obligation rate authority was The operational efficiency-based cost for that class exceeded the revenue determined to be available under this requirement is met if the Postal from that class as determined by the subpart, the Postal Service fails to Service’s Total Factor Productivity for Commission. This additional rate timely file under § 3010.122 for a rate the measured fiscal year exceeds the authority is optional and may be used increase including the full amount of previous fiscal year as determined by at the Postal Service’s discretion. retirement obligation rate authority the Commission. (b) The Commission shall announce authorized under this subpart during how much, if any, rate authority will be that fiscal year, to take effect prior to the § 3010.202 Service standard-based authorized under this subpart. Any rate end of that fiscal year; or requirement. authority allocated under this subpart: (d) In any fiscal year including or (a) The service standard-related (1) Shall be made available to the subsequent to the first fiscal year in criteria is met if all of the Postal Postal Service as of the date of the which rate authority under this subpart Service’s service standards (including Commission’s announcement; was used to adjust market dominant applicable business rules) for that class (2) Must be included in the rates, the Postal Service’s total payments during the applicable fiscal year meet or calculation of the maximum rate towards the supplemental and exceed the service standards in place for adjustment authority change in rates in unfunded liabilities identified in the prior fiscal year on a nationwide or the first generally applicable rate
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adjustment filed after the Commission’s (b) Unused rate adjustment authority appropriate, for the most recent rate announcement; cannot be generated and is assumed to adjustment that involves a rate increase (3) Shall lapse if unused, within 12 be 0 percent for classes subject to and the percentage change in rates for months of the Commission’s § 3010.222, Class requirement and the class calculated pursuant to announcement; and additional class rate authority. § 3010.128(d) is calculated. Second, the (4) May not be used to generate (c) For rate adjustment filings that unused rate adjustment authority unused rate authority, nor shall it affect involve a rate increase, unused rate generated in the most recent rate existing banked rate authority. adjustment authority cannot exceed the adjustment that involves a rate increase unused portion of rate authority is subtracted from that result. Subpart H—Accumulation of Unused calculated pursuant to subpart C of this (b) Unused rate adjustment authority and Disbursement of Banked Rate part. generated under paragraph (a) of this Adjustment Authority section for a class shall be added to the § 3010.243 Calculation of unused rate unused rate adjustment authority § 3010.240 General. adjustment authority for rate adjustments that involve a rate increase which are filed generated in the most recent rate Unless a specific exception applies, more than 12 months apart. adjustment that involves a rate increase unused rate adjustment authority, on a (a) When rate adjustment filings that on the schedule maintained under class-by-class basis, shall be calculated involve a rate increase are filed more § 3010.241. For purposes of § 3010.244, for each rate adjustment filing. Unused than 12 months apart, any interim rate the unused rate adjustment authority rate adjustment authority shall be added adjustment authority must first be generated under paragraph (a) of this to the schedule of banked rate authority added to the schedule of banked rate section for a class shall be deemed to in each instance, and be available for authority before the unused rate have been added to the schedule application to rate adjustments pursuant adjustment authority is calculated. maintained under § 3010.241 on the to the requirements of this subpart. (b) Interim rate adjustment authority same date as the most recent rate adjustment filing that involves a rate § 3010.241 Schedule of banked rate for a class is equal to the Base Average adjustment authority. applicable to the second rate adjustment increase. filing (as developed pursuant to (c) For rate adjustment filings that Upon the establishment of unused § 3010.142) divided by the Recent only include rate decreases, the sum of rate adjustment authority, the Postal Average utilized in the first rate unused rate adjustment authority Service shall devise and maintain a adjustment filing (as developed generated under paragraph (a) of this schedule that tracks the establishment pursuant to § 3010.142) and subtracting section and the unused rate adjustment and subsequent use of banked rate 1 from the quotient. The result is authority generated in the most recent authority on a class-by-class basis. At a expressed as a percentage and rate adjustment that involves a rate minimum, the schedule must track the immediately added to the schedule of increase cannot exceed the unused amount of banked rate authority banked rate authority as of the date the portion of rate adjustment authority available immediately prior to the rate rate adjustment filing is filed. calculated pursuant to subpart C of this adjustment filing and the amount of (c) Unused rate adjustment authority part in the most recent rate adjustment banked rate authority available upon for a class is equal to the difference that involves a rate increase. acceptance of the rates included in the between the maximum rate adjustment (d) Unused rate adjustment authority rate adjustment filing. It shall also track authority as summarized by § 3010.127 generated under paragraph (a) of this all changes to the schedule, including and calculated pursuant to subparts C section shall be subject to the limitation the docket numbers of Commission through H of this part, as appropriate, under § 3010.245, regardless of whether decisions affecting the schedule, the and the percentage change in rates for it is used alone or in combination with dates and amounts that any rate the class calculated pursuant to other existing unused rate adjustment authority was generated or subsequently § 3010.128, subject to the limitations authority. expended, and the expiration dates of described in paragraphs (d) and (e) of (e) For rate adjustment filings that all rate adjustment authority. The this section. only include rate decreases, unused rate schedule shall be included with any rate (d) Unused rate adjustment authority adjustment authority generated under adjustment filing purporting to modify cannot be generated and is assumed to this section lapses 5 years from the date the amount of banked rate adjustment be 0 percent for classes subject to of filing of the most recent rate authority. § 3010.222, Class requirement and adjustment filing that involves a rate additional class rate authority. increase. § 3010.242 Calculation of unused rate (f) A rate adjustment filing that only adjustment authority for rate adjustments (e) For rate adjustment filings that that involve a rate increase which are filed involve a rate increase, unused rate includes rate decreases that is filed 12 months apart or less. adjustment authority cannot exceed the immediately after a rate adjustment due unused portion of rate authority to extraordinary or exceptional (a) When rate adjustment filings that calculated pursuant to subpart C of this circumstances (i.e., without an involve a rate increase are filed 12 part. intervening rate adjustment involving a months apart or less, unused rate rate increase) may not generate unused adjustment authority for a class is equal § 3010.244 Calculation of unused rate rate adjustment authority. to the difference between the maximum adjustment authority for rate adjustments rate adjustment authority as that only include rate decreases. § 3010.245 Application of banked rate summarized by § 3010.127 and (a) For rate adjustment filings that authority. calculated pursuant to subparts C only include rate decreases, unused rate (a) Banked rate authority may be through H of this part, as appropriate, adjustment authority for a class is applied to any planned rate adjustment and the percentage change in rates for calculated in two steps. First, the subject to the limitations appearing in the class calculated pursuant to difference between the maximum rate paragraphs (b) through (f) of this § 3010.128, subject to the limitations adjustment authority as summarized by section. described in paragraphs (b) and (c) of § 3010.127 and calculated pursuant to (b) Banked rate authority may only be this section. subparts C through H of this part, as applied to a proposal to adjust rates
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after applying rate authority as (d) A full discussion of the (d) A concise description of the described in subparts C through F of extraordinary or exceptional proposals for changes in rates, fees, and this part and in § 3010.222, Class circumstances giving rise to the request, the Mail Classification Schedule. requirement and additional class rate and a complete explanation of how both (e) The identification of an officer of authority. the requested overall increase and the the Commission to represent the (c) A maximum of 2 percentage points specific rate adjustments requested interests of the general public in the of banked rate authority may be applied relate to those circumstances. docket. to a rate adjustment for any class in any (e) A full discussion of why the (f) A specified period for public 12-month period. If banked rate requested rate adjustments are necessary comment. authority is used, it shall be subtracted to enable the Postal Service, under best (g) Such other information as the from the schedule of banked rate practices of honest, efficient, and Commission deems appropriate. adjustment authority as of the date of economical management, to maintain § 3010.264 Public hearing. the final order accepting the rates. and continue the development of postal (d) Subject to paragraphs (b) and (c) services of the kind and quality adapted (a) The Commission will hold a of this section, interim rate adjustment to the needs of the United States. public hearing on the Postal Service’s authority may be used to make a rate request. During the public hearing, adjustment pursuant to the rate (f) A full discussion of why the responsible Postal Service officials will adjustment filing that led to its requested rate adjustments are appear and respond under oath to calculation. If interim rate adjustment reasonable and equitable as among types questions from the Commissioners or authority is used to make such a rate of users of market dominant products. their designees addressing previously adjustment, the interim rate adjustment (g) An explanation of when, or under identified aspects of the Postal Service’s authority generated pursuant to the rate what circumstances, the Postal Service request and supporting information. adjustment filing shall first be added to expects to be able to rescind the exigent (b) Interested persons will be given an the schedule of banked rate adjustment rate adjustments in whole or in part. opportunity to submit to the authority pursuant to § 3010.241 as the (h) An analysis of the circumstances Commission suggested relevant most recent entry. Then, any interim giving rise to the exigent request, which questions that might be posed during rate adjustment authority used in should, if applicable, include a the public hearing. Such questions, and accordance with this paragraph shall be discussion of whether the circumstances any explanatory materials submitted to subtracted from the existing banked rate were foreseeable or could have been clarify the purpose of the questions, adjustment authority using a first-in, avoided by reasonable prior action. should be filed in accordance with first-out (FIFO) method, beginning 5 (i) Such other information as the § 3001.9 of this chapter, and will years before the instant rate adjustment Postal Service believes will assist the become part of the administrative record filing. Commission in issuing a timely of the proceeding. (e) Banked rate authority for a class determination of whether the requested (c) The timing and length of the must be applied, using a first-in, first- rate adjustments are consistent with public hearing will depend on the out (FIFO) method, beginning 5 years applicable statutory policies. nature of the circumstances giving rise before the instant rate adjustment filing. to the request and the clarity and (f) Banked rate adjustment authority § 3010.262 Supplemental information. completeness of the supporting calculated under this section shall lapse materials provided with the request. 5 years from the date of the rate The Commission may require the Postal Service to provide clarification of (d) If the Postal Service is unable to adjustment filing leading to its provide adequate explanations during calculation. its request or to provide additional information in order to gain a better the public hearing, supplementary Subpart I—Rate Adjustments Due to understanding of the circumstances written or oral responses may be Extraordinary and Exceptional leading to the request or the justification required. Circumstances for the specific rate adjustments § 3010.265 Opportunity for comments. requested. The Postal Service shall § 3010.260 General. include within its request the (a) Following the conclusion of the The Postal Service may request to identification of one or more public hearings and submission of any adjust rates for market dominant knowledgeable Postal Service official(s) supplementary materials, interested products due to extraordinary or who will be available to provide prompt persons will be given the opportunity to exceptional circumstances pursuant to responses to Commission requests for submit written comments on: 39 U.S.C. 3622(d)(1)(E). The rate clarification or additional information. (1) The sufficiency of the justification adjustments are not subject to rate for an exigent rate adjustment; adjustment limitations or the § 3010.263 Docket and notice. (2) The adequacy of the justification restrictions on the use of unused rate (a) The Commission will establish a for adjustments in the amounts adjustment authority. The rate docket for each request to adjust rates requested by the Postal Service; and adjustment request may not include due to extraordinary or exceptional (3) Whether the specific rate material classification changes. The circumstances, publish notice of the adjustments requested are reasonable request is subject to public participation request in the Federal Register, and post and equitable. and Commission review within 90 days. the filing on its website. The notice (b) An opportunity to submit written reply comments will be given to the § 3010.261 Contents of a request. shall include the items specified in paragraphs (b) through (g) of this Postal Service and other interested (a) Each exigent request shall include section. persons. the items specified in paragraphs (b) through (i) of this section. (b) The general nature of the § 3010.266 Deadline for Commission (b) A schedule of the planned rates. proceeding. decision. (c) Calculations quantifying the (c) A reference to legal authority Requests under this subpart seek rate increase for each affected product and under which the proceeding is to be relief required by extraordinary or class. conducted. exceptional circumstances and will be
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treated with expedition at every stage. It Service for not providing the applicable (b) For each proposed workshare is Commission policy to provide service, no proposal to adjust a rate discount that would exceed the cost appropriate relief as quickly as possible associated with that workshare discount avoided by the Postal Service for not consistent with statutory requirements may decrease the size of the discount. providing the applicable service, the and procedural fairness. The rate adjustment filing shall indicate the Commission will act expeditiously on § 3010.283 Limitations on excessive applicable paragraph of § 3010.283 discounts. the Postal Service’s request, taking into under which the Postal Service is account all written comments. In every (a) No proposal to adjust a rate may justifying the excessive discount and instance, a Commission decision will be set a workshare discount that would include any relevant analysis issued within 90 days of the filing of an exceed the cost avoided by the Postal supporting the claim. exigent request. Service for not providing the applicable (c) For each proposed workshare service, unless at least one of the discount that is provided in connection § 3010.267 Treatment of banked rate following reasons provided in with a subclass of mail, consisting adjustment authority. paragraphs (b) through (e) of this section exclusively of mail matter of (a) Each request will identify the applies. educational, cultural, scientific, or banked rate adjustment authority (b) The proposed workshare discount informational value (39 U.S.C. available as of the date of the request for is associated with a new postal service, 3622(e)(2)(C)), would exceed the cost each class of mail and the available a change to an existing postal service, or avoided by the Postal Service for not amount for each of the preceding 5 a new workshare initiative. providing the applicable service, and years. (c) The proposed workshare discount would not be set in accordance with at (b) Rate adjustments may use existing is a minimum of 20 percent less than least one specific provision appearing in banked rate adjustment authority in the existing workshare discount. § 3010.283(b) through (d), the rate amounts greater than the limitations (d) The proposed workshare discount adjustment filing shall provide the described in § 3010.245. is set in accordance with a Commission information specified in paragraphs (c) Increases will exhaust all banked order issued pursuant to § 3010.286. (c)(1) through (3) of this section: rate adjustment authority for each class (e) The proposed workshare discount (1) The number of mail owners of mail before imposing additional rate is provided in connection with a receiving the workshare discount during adjustments in excess of the maximum subclass of mail, consisting exclusively the most recent full fiscal year and for rate adjustment for any class of mail. of mail matter of educational, cultural, the current fiscal year to date; scientific, or informational value (39 (2) The number of mail owners for the Subpart J—Workshare Discounts U.S.C. 3622(e)(2)(C)) and is in applicable product or products in the § 3010.280 Applicability. compliance with § 3010.285(c). most recent full fiscal year and for the This subpart is applicable whenever current fiscal year to date; and § 3010.284 Limitations on discounts below (3) An explanation of how the the Postal Service proposes to adjust a avoided cost. rate associated with a workshare proposed workshare discount would (a) No proposal to adjust a rate may discount. For the purpose of this promote the public interest, even set a workshare discount that would be subpart, the cost avoided by the Postal though the proposed workshare below the cost avoided by the Postal Service for not providing the applicable discount would substantially exceed the Service for not providing the applicable service refers to the amount identified cost avoided by the Postal Service. service, unless at least one of the in the most recently applicable Annual (d) For each proposed workshare following reasons provided in Compliance Determination, unless the discount that would be below the cost paragraphs (b) through (e) of this section Commission otherwise provides. avoided by the Postal Service for not applies. providing the applicable service, the § 3010.281 Calculation of passthroughs for (b) The proposed workshare discount rate adjustment filing shall indicate the workshare discounts. is associated with a new postal service, applicable paragraph of § 3010.284 For the purpose of this subpart, the a change to an existing postal service, or under which the Postal Service is percentage passthrough for any a new workshare initiative. justifying the discount that is below the workshare discount shall be calculated (c) The proposed workshare discount cost avoided and include any relevant by dividing the workshare discount by is a minimum of 20 percent more than analysis supporting the claim. the cost avoided by the Postal Service the existing workshare discount. § 3010.286 Application for waiver. for not providing the applicable service (d) The proposed workshare discount and expressing the result as a is set in accordance with a Commission (a) In every instance in which the percentage. order issued pursuant to § 3010.286. Postal Service determines to adjust a (e) The percentage passthrough for the rate associated with a workshare § 3010.282 Increased pricing efficiency. proposed workshare discount is at least discount in a manner that does not (a) For a workshare discount that is 85 percent. comply with the limitations imposed by equal to the cost avoided by the Postal §§ 3010.283 through 3010.284, the Service for not providing the applicable § 3010.285 Proposal to adjust a rate Postal Service shall file an application service, no proposal to adjust a rate associated with a workshare discount. for waiver. The Postal Service must file associated with that workshare discount (a) Each proposal to adjust a rate any application for waiver at least 60 may change the size of the discount. associated with a workshare discount days prior to filing the proposal to (b) For a workshare discount that shall be supported by substantial adjust a rate associated with the exceeds the cost avoided by the Postal evidence and demonstrate that each applicable workshare discount. In its Service for not providing the applicable proposed workshare discount has been application for waiver, the Postal service, no proposal to adjust a rate set in compliance with 39 U.S.C. Service shall indicate the approximate associated with that workshare discount 3622(e) and this subpart. Substantial filing date for its next rate adjustment may increase the size of the discount. evidence means such relevant evidence filing. (c) For a workshare discount that is as a reasonable mind might accept as (b) The application for waiver shall be less than the cost avoided by the Postal adequate to support a conclusion. supported by a preponderance of the
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evidence and demonstrate that a waiver (ii) Quantitative analysis or, if not interested person, order the Postal from the limitations imposed by available, qualitative analysis indicating Service to provide experts on the subject §§ 3010.283 through 3010.284 should be how the workshare discount at issue is matter of the waiver application to granted. Preponderance of the evidence related to that operational strategy. participate in technical conferences, means proof by information that, (iii) How setting the workshare prepare statements clarifying or compared with that opposing it, leads to discount in compliance with supplementing their views, or answer the conclusion that the fact at issue is § 3010.283(c) or § 3010.284(c), questions posed by the Commission or more probably true than not. whichever is applicable, would impede its representatives. (c) The application for waiver shall that operational strategy. (f) For a proposed workshare discount include a specific and detailed (6) For a claim that reducing or that would exceed the cost avoided by statement signed by one or more eliminating the excessive workshare the Postal Service for not providing the knowledgeable Postal Service official(s) discount would lead to a loss of volume applicable service, the application for who sponsors the application and in the affected category of mail and waiver shall be granted only if at least attests to the accuracy of the reduce the aggregate contribution to the one provision appearing in 39 U.S.C. information contained within the Postal Service’s institutional costs from 3622(e)(2)(A) through (e)(2)(D) or 39 statement. The statement shall set forth the mail that is subject to the discount U.S.C. 3622(e)(3)(A) through (e)(3)(B) is the information specified in paragraphs (39 U.S.C. 3622(e)(3)(A)), the Postal determined to apply. (c)(1) through (8) of this section, as Service shall provide an explanation (g) For a proposed workshare discount applicable to the specific workshare addressing all of the items specified in that would be set below the cost discount for which a waiver is sought: paragraphs (c)(6)(i) through (iii) of this avoided by the Postal Service for not (1) The reason(s) why a waiver is section: providing the applicable service, the alleged to be necessary (with (i) A description of the affected application for waiver shall be granted justification thereof), including all category of mail. only if setting the workshare discount relevant supporting analysis and all (ii) Quantitative analysis or, if not closer or equal to the cost avoided by assumptions relied upon. available, qualitative analysis indicating the Postal Service for not providing the (2) The length of time for which a the expected loss of volume and applicable service would impede the waiver is alleged to be necessary (with reduced contribution that is claimed efficient operation of the Postal Service. justification thereof). would result from reducing or (h) The Commission will issue an (3) For each subsequent rate eliminating the excessive workshare order announcing, at a minimum, adjustment filing planned to occur discount. whether the requested waiver will be during the length of time for which a (iii) How setting the excessive granted or denied no later than 21 days waiver is sought, a representation of the workshare discount in compliance with following the close of any comment proposed minimum amount of the § 3010.283(c) would lead to the period(s). An order granting the change to the workshare discount. expected loss of volume and reduced application for waiver shall specify all (4) For a claim that the amount of the contribution. conditions upon which the waiver is workshare discount exceeding the cost (7) For a claim that reducing or granted, including the date upon which avoided by the Postal Service for not eliminating the excessive workshare the waiver shall expire. providing the applicable service is discount would result in a further necessary in order to mitigate rate shock increase in the rates paid by mailers not PART 3020—PRODUCT LISTS (39 U.S.C. 3622(e)(2)(B)), the Postal able to take advantage of the workshare ■ 2. The authority citation for part 3020 Service shall provide an explanation discount (39 U.S.C. 3622(e)(3)(B)), the continues to read as follows: addressing all of the items specified in Postal Service shall provide an paragraphs (c)(4)(i) through (iii) of this explanation addressing all of the items Authority: 39 U.S.C. 503; 3622; 3631; section: specified in paragraphs (c)(7)(i) through 3642; 3682. (i) A description of the customers that (iii) of this section: ■ 3. Amend § 3020.32 by revising the Postal Service claims would be (i) A description of the mailers not paragraphs (a) and (b) to read as follows: adversely affected. able to take advantage of the discount. (ii) Prices and volumes for the (ii) Quantitative analysis or, if not § 3020.32 Supporting justification. workshare discount at issue (the available, qualitative analysis indicating * * * * * benchmark and workshared mail the expected size of the rate increase (a) Explain the reason for initiating category) for the last 10 years. that is claimed would result in the rates the docket and explain why the change (iii) Quantitative analysis or, if not paid by mailers not able to take is not inconsistent with the applicable available, qualitative analysis indicating advantage of the discount. requirements of this part and any the nature and extent of the likely harm (iii) How setting the excessive applicable Commission directives and to the customers that would result from workshare discount in compliance with orders; setting the workshare discount in § 3010.283(c) would result in a further (b) Explain why, as to market compliance with § 3010.283(c). increase in the rates paid by mailers not dominant products, the change is not (5) For a claim that setting an able to take advantage of the discount. inconsistent with the policies and the excessive or low workshare discount (8) Any other relevant factors or applicable criteria of chapter 36 of title closer or equal to the cost avoided by reasons to support the application for 39 of the United States Code; the Postal Service for not providing the waiver. * * * * * applicable service would impede the (d) Unless the Commission otherwise ■ 4. Amend § 3020.52 by revising efficient operation of the Postal Service, provides, commenters will be given at paragraphs (a) and (b) to read as follows: the Postal Service shall provide an least 7 calendar days to respond to the explanation addressing all of the items application for waiver after it has been § 3020.52 Supporting justification. specified in paragraphs (c)(5)(i) through filed by the Postal Service. * * * * * (iii) of this section: (e) To better evaluate the waiver (a) Explain the reason for initiating (i) A description of the operational application, the Commission may, on its the docket and explain why the change strategy at issue. own behalf or by request of any is not inconsistent with the applicable
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requirements of this part and any applicable Commission directives and (f) Details regarding the expected applicable Commission directives and orders; and improvements in the net financial orders; * * * * * position or operations of the Postal (b) Explain why, as to market ■ 9. Amend § 3020.91 by revising Service (39 U.S.C. 3622(c)(10)(A)(i) and dominant products, the change is not paragraph (e) to read as follows: (ii)). The projection of the change in net inconsistent with the policies and the financial position as a result of the applicable criteria of chapter 36 of title § 3020.91 Docket and notice of minor agreement shall be based on accepted 39 of the United States Code; corrections to product descriptions. analytical principles. The projection of * * * * * * * * * * the change in net financial position as ■ 5. Amend § 3020.72 by revising (e) Provide interested persons with an a result of the agreement shall include paragraphs (a) and (b) to read as follows: opportunity to comment on whether the for each year of the agreement: proposed corrections are consistent with (1) The estimated mailer-specific § 3020.72 Supporting justification. the policies and the applicable criteria costs, volumes, and revenues of the * * * * * of chapter 36 of title 39 of the United Postal Service absent the (a) Explain the reason for initiating States Code, the applicable implementation of the negotiated the docket and explain why the change requirements of this part, and any service agreement; is not inconsistent with the applicable applicable Commission directives and (2) The estimated mailer-specific requirements of this part and any orders. costs, volumes, and revenues of the applicable Commission directives and ■ 10. Add subpart G to read as follows: Postal Service which result from orders; Subpart G—Requests for Market Dominant implementation of the negotiated (b) Explain why, as to market Negotiated Service Agreements service agreement; dominant products, the change is not Sec. (3) An analysis of the effects of the inconsistent with the policies and the 3020.120 General. applicable criteria of chapter 36 of title negotiated service agreement on the 3020.121 Additional supporting contribution to institutional costs from 39 of the United States Code; justification for negotiated service mailers not party to the agreement; * * * * * agreements. ■ 6. Amend § 3020.81 by revising 3020.122 Data collection plan and report for (4) If mailer-specific costs are not paragraph (b)(1) to read as follows: negotiated service agreements. available, the source and derivation of the costs that are used shall be § 3020.81 Supporting justification for § 3020.120 General. provided, together with a discussion of material changes to product descriptions. This subpart imposes additional the currency and reliability of those * * * * * requirements whenever there is a costs and their suitability as a proxy for (b)(1) As to market dominant request to add a negotiated service the mailer-specific costs; and products, explain why the changes are agreement to the market dominant (5) If the Postal Service believes the not inconsistent with the policies and product list. The additional supporting Commission’s accepted analytical the applicable criteria of chapter 36 of justification appearing in § 3020.121 principles are not the most accurate and title 39 of the United States Code, the also should be provided whenever the reliable methodology available: applicable requirements of this part, and Postal Service proposes to modify the (i) An explanation of the basis for that any applicable Commission directives terms of an existing market dominant belief; and and orders; or negotiated service agreement. (ii) A projection of the change in net * * * * * Commission findings that the addition financial position resulting from the ■ 7. Amend § 3020.82 by revising of a special classification is not agreement made using the Postal paragraph (e) to read as follows: inconsistent with 39 U.S.C. 3622 are provisional and subject to subsequent Service’s alternative methodology. § 3020.82 Docket and notice of material review. No rate(s) shall take effect until (g) An identification of each changes to product descriptions. 45 days after the Postal Service files a component of the agreement expected to * * * * * request for review of a notice of a new enhance the performance of mail (e) Provide interested persons with an rate or rate(s) adjustment specifying the preparation, processing, transportation, opportunity to comment on whether the rate(s) and the effective date. or other functions in each year of the proposed changes are consistent with agreement, and a discussion of the the policies and the applicable criteria § 3020.121 Additional supporting nature and expected impact of each justification for negotiated service of chapter 36 of title 39 of the United agreements. such enhancement. States Code, the applicable (h) Details regarding any and all requirements of this part, and any (a) Each request shall also include the items specified in paragraphs (b) actions (performed or to be performed) applicable Commission directives and to assure that the agreement will not orders. through (j) of this section. (b) A copy of the negotiated service result in unreasonable harm to the ■ 8. Amend § 3020.90 by revising marketplace (39 U.S.C. 3622(c)(10)(B)). paragraph (c)(2) to read as follows: agreement. (c) The planned effective date(s) of the (i) A discussion in regard to how § 3020.90 Minor corrections to product planned rates. functionally similar negotiated service descriptions. (d) The identity of a responsible agreements will be made available on * * * * * Postal Service official who will be public and reasonable terms to similarly (c) * * * available to provide prompt responses situated mailers. (2) Explain why the proposed to requests for clarification from the (j) Such other information as the corrections are consistent with the Commission. Postal Service believes will assist the policies and the applicable criteria of (e) A statement identifying all parties Commission in issuing a timely chapter 36 of title 39 of the United to the agreement and a description determination of whether the requested States Code, the applicable clearly explaining the operative changes are consistent with applicable requirements of this part, and any components of the agreement. statutory policies.
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§ 3020.122 Data collection plan and report same matter in its Annual Compliance group and by shape for the fiscal year for negotiated service agreements. Determination for the previous fiscal subject to review and each of the (a) The Postal Service shall include year. preceding 4 fiscal years; with any request concerning a ■ 13. Amend § 3050.21 by: (m) Input data and calculations used negotiated service agreement a detailed ■ a. Revising paragraphs (a), (e), and to produce the annual Total Factor plan for providing data or information (m); and Productivity estimates; on actual experience under the ■ b. Adding paragraphs (n) and (o). (n) Copies of notifications to the agreement sufficient to allow evaluation The revisions and additions read as Postal Service by the Office of Personnel of whether the negotiated service follows: Management (OPM) of annual agreement operates in compliance with § 3050.21 Content of the Postal Service’s determinations of the funding amounts 39 U.S.C. 3622(c)(10). section 3652 report. specific to payments at the end of each (b) A data report under the plan is due fiscal year computed under 5 U.S.C. (a) No later than 90 days after the 60 days after each anniversary date of 8909a(d)(2)(B) and 5 U.S.C. close of each fiscal year, the Postal implementation and shall include, at a 8909a(d)(3)(B)(ii); 5 U.S.C. 8348(h)(2)(B) Service shall submit a report to the minimum, the following information for and 5 U.S.C. 8423(b)(3)(B); 5 U.S.C. Commission analyzing its cost, volume, each 12-month period the agreement has 8423(b)(1)(B) and 5 U.S.C. 8423(b)(2); revenue, rate, and service information in been in effect: and sufficient detail to demonstrate that all (1) The change in net financial (o) Provide any other information that products during such year comply with position of the Postal Service as a result the Postal Service believes will help the all applicable provisions of title 39 of of the agreement. This calculation shall Commission evaluate the Postal the United States Code. The report shall include for each year of the agreement: Service’s compliance with the provide the items in paragraphs (b) (i) The actual mailer-specific costs, applicable provisions of title 39 of the through (o) of this section. volumes, and revenues of the Postal United States Code. Service; * * * * * ■ 14. Add § 3050.55 to read as follows: (ii) An analysis of the effects of the (e) For each market dominant negotiated service agreement on the net workshare discount offered during the § 3050.55 Information pertaining to cost overall contribution to the institutional reporting year: reduction initiatives. costs of the Postal Service; and (1) The per-item cost avoided by the (a) The reports in paragraphs (b) (iii) If mailer-specific costs are not Postal Service by virtue of such through (f) of this section shall be filed available, the source and derivation of discount; with the Commission at the times the costs that are used shall be (2) The percentage of such per-item indicated. provided, including a discussion of the cost avoided that the per-item (b) Within 95 days after the end of currency and reliability of those costs workshare discount represents; each fiscal year, the Postal Service shall and their suitability as a proxy for the (3) The per-item contribution made to file a financial report that analyzes cost mailer-specific costs. institutional costs; data from the fiscal year. For purposes (2) A discussion of the changes in (4) The factual and analytical bases of this paragraph, the percentage change operations of the Postal Service that for any claim that one or more of the shall compare the fiscal year under have resulted from the agreement. This exception provisions of 39 U.S.C. review to the previous fiscal year. At a shall include, for each year of the 3622(e)(2)(A) through (e)(2)(D) or 39 minimum, the report shall include: agreement, identification of each U.S.C. 3622(e)(3)(A) through (e)(3)(B) (1) For all market dominant mail, the component of the agreement known to apply; and percentage change in total unit enhance the performance of mail (5) For each workshare discount that attributable cost; preparation, processing, transportation, is provided in connection with a (2) For each market dominant mail or other functions in each year of the subclass of mail, consisting exclusively product, the percentage change in unit agreement. of mail matter of educational, cultural, attributable cost; (3) An analysis of the impact of the scientific, or informational value (39 (3) For the system as a whole, total negotiated service agreement on the U.S.C. 3622(e)(2)(C)), exceeded the cost average cost per piece, which includes marketplace, including a discussion of avoided by the Postal Service for not all Postal Service competitive and any and all actions taken to protect the providing the applicable service, and market dominant attributable costs and marketplace from unreasonable harm. was not set in accordance with at least institutional costs, one specific provision appearing in (4) The percentage change in total PART 3050—PERIODIC REPORTING § 3010.262(b) through (d) of this average cost per piece; chapter, the information specified in (5) Market dominant unit attributable ■ 11. The authority citation for part paragraphs (5)(i) through (iii) of this cost by product; 3050 continues to read as follows: section: (6) If the percentage change in unit Authority: 39 U.S.C. 503; 3651; 3652; (i) The number of mail owners attributable cost for a market dominant 3653. receiving the workshare discount; mail product is more than 0.0 percent ■ 12. Amend § 3050.20 by revising (ii) The number of mail owners for the and exceeds the percentage change in paragraph (c) to read as follows: applicable product or products; and total market dominant mail unit (iii) An explanation of how the attributable cost, then the following § 3050.20 Compliance and other analyses workshare discount promotes the public information shall be provided: in the Postal Service’s section 3652 report. interest, even though the workshare (i) Unit attributable cost workpapers * * * * * discount substantially exceeds the cost for the product disaggregated into the (c) It shall address such matters as avoided by the Postal Service. following cost categories: Mail non-compensatory rates and failures to * * * * * processing unit cost, delivery unit cost, achieve stated goals for on-time delivery (l) For the Inbound Letter Post vehicle service driver unit cost, standards. A more detailed analysis is product, provide revenue, volume, purchased transportation unit cost, required when the Commission attributable cost, and contribution data window service unit cost, and other unit observed and commented upon the by Universal Postal Union country cost;
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(ii) A narrative that identifies cost using the metric identified in paragraph Analysis Report in the next fiscal year. categories that are driving above average (c)(2) of this section, total market At a minimum, the report shall include: increases in unit attributable cost for the dominant mail attributable unit cost, (1) A description of each planned product and explains the reason for the and total unit cost as calculated project; above-average increase; and pursuant to paragraph (b)(3) of this (2) The status of each project; (iii) A specific plan to reduce unit section. (3) An estimate of the cost savings or attributable cost for the product. (d) Within 95 days after the end of additional revenues expected from each (7) An analysis of volume trends and each fiscal year, the Postal Service shall project; and mail mix changes for each market file a report that describes each active (4) The return on investment expected dominant mail product from fiscal year cost reduction initiative during the from each project. 2017 through the end of the fiscal year fiscal year which incurred or is ■ 15. Amend § 3050.60 by: under review, which shall include at a expected to incur Postal Service ■ a. Revising paragraph (a); minimum: expenditures of $5 million or more over ■ b. Removing paragraph (e); (i) A comparison of actual unit the duration of the initiative. At a ■ c. Redesignating paragraphs (f) and (g) attributable costs and estimated unit minimum, the report shall include: as paragraphs (e); and (f). attributable costs for each market (1) The information described in The revision reads as follows: dominant mail product, using the paragraphs (c)(1) through (c)(3) of this volume distribution from fiscal year section, based on actual data for the § 3050.60 Miscellaneous reports and 2017; fiscal year, and a specific statement as documents. (ii) A narrative that identifies the to whether the initiative actually (a) The reports in paragraphs (b) drivers of change in volume trends and achieved the expected impact as through (f) of this section shall be the mail mix; and measured by the selected metric; provided at the times indicated. (iii) A narrative that explains the (2) An explanation of the trends, * * * * * methodology used to calculate the changes, or other reasons that caused estimated unit attributable costs as any variance between the actual PART 3055—SERVICE required by paragraph (b)(7)(i) of this information provided under paragraph PERFORMANCE AND CUSTOMER section. (d)(1) of this section and the estimated SATISFACTION REPORTING (c) Within 95 days after the end of information previously provided under ■ each fiscal year, the Postal Service shall paragraphs (c)(1) through (c)(3) of this 16. The authority citation for part file a report with analysis of each section, if applicable; 3055 continues to read as follows: planned cost reduction initiative that is (3) A description of any mid- Authority: 39 U.S.C. 503; 3622(a); 3652(d) expected to require Postal Service total implementation adjustments the Postal and (e); 3657(c). expenditures of $5 million or more over Service has taken or will take to align ■ 17. Amend § 3055.2 by revising the duration of the initiative. At a the impacts with the schedule; and paragraph (c) to read as follows: minimum, the report shall include: (4) Any revisions to the schedule of (1) A narrative that describes each cost reduction impacts for future fiscal § 3055.2 Contents of the annual report of cost reduction initiative planned for years. service performance achievements. future fiscal years, including the status, (e) Within 95 days after the end of * * * * * the expected total expenditure, start each fiscal year, the Postal Service shall (c) The applicable service standard(s) date, end date, and any intermediate file a report that summarizes all projects for each product. If there has been a deadlines; associated with a Decision Analysis change to a service standard(s) since the (2) Identification of a metric to Report for the fiscal year. At a previous report, a description of and measure the impact of each planned minimum, the report shall include: reason for the change shall be provided. cost reduction initiative identified in (1) A description of each project; If there have been no changes to service paragraph (c)(1) of this section, a (2) The status of each project; standard(s) since the previous report, a narrative describing the selected metric, (3) An estimate of cost savings or certification stating this fact shall be a narrative explaining the reason for additional revenues from each project; provided. selecting that metric, and a schedule and * * * * * approximating the months and fiscal (4) The return on investment expected years in which the cost reduction from each project. By the Commission. impact is expected to be measureable; (f) Within 95 days after the end of Darcie S. Tokioka, (3) Estimates of the expected impact each fiscal year, the Postal Service shall Acting Secretary. of each planned cost reduction file a report that summarizes all planned [FR Doc. 2019–26573 Filed 12–10–19; 8:45 am] initiative, with supporting workpapers, projects that will require a Decision BILLING CODE 7710–FW–P
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Notices Federal Register Vol. 84, No. 238
Wednesday, December 11, 2019
This section of the FEDERAL REGISTER deadline to discuss your project and to license and verifiable compliance with contains documents other than rules or ask any questions about the application regulations published by the proposed rules that are applicable to the process. Application materials are Agricultural Marketing Service at 7 CFR public. Notices of hearings and investigations, available at http://www.rd.usda.gov/ part 990 and the Rural Business- committee meetings, agency decisions and programs-services/value-added- Cooperative Service at 7 CFR 4284, rulings, delegations of authority, filing of petitions and applications and agency producer-grants. subpart J. statements of organization and functions are If you want to submit an electronic Local Agriculture Marketing Program examples of documents appearing in this application, follow the instructions for (LAMP) Food Safety Implementation: section. the VAPG funding announcement on Until Farm Bill implementation is http://www.grants.gov. Please review finalized via the Agency rulemaking the Grants.gov website at http:// process, there will not be food safety DEPARTMENT OF AGRICULTURE grants.gov/applicants/organization- reserve funding. Food safety training, registration.html for instructions on the certifications, and supplies that are Rural Business-Cooperative Service process of registering your organization eligible under the current program [Docket No. RBS–19–CO–OP–0018] as soon as possible to ensure you are regulation may continue to be included able to meet the electronic application in the work plan/budget. deadline. If you want to submit a paper Inviting Applications for Value-Added Overview Producer Grants and Solicitation of application, send it to the State Office Grant Reviewers located in the State where your project Federal Agency Name: USDA Rural will primarily take place. You can find Business-Cooperative Service. AGENCY: Rural Business-Cooperative State Office Contact information at Funding Opportunity Title: Value- Service, USDA. http://www.rd.usda.gov/contact-us/ Added Producer Grant. ACTION: Notice. state-offices. Announcement Type: Notice of Solicitation of Applications and FOR FURTHER INFORMATION CONTACT: SUMMARY: This Notice announces that Solicitation of Grant Reviewers. Grants Division, Cooperative Programs, the Rural Business-Cooperative Service Catalog of Federal Domestic Rural Business-Cooperative Service, (Agency) is accepting applications for Assistance Number: 10.352. United States Department of the Value-Added Producer Grant Dates: Application Deadline. You Agriculture, 1400 Independence Avenue (VAPG) program. Approximately $37 must submit your complete paper SW, MS 3253, Room 4008-South, million is currently available. The application by March 10, 2020, or it will Washington, DC 20250–3253, or call Agency may also utilize any funding not be considered for funding. 202–690–1374. that become available after publishing Electronic applications must be received this notice. The Agency will publish the SUPPLEMENTARY INFORMATION: by http://www.grants.gov no later than program funding level on the Rural Preface Midnight Eastern time on March 5, Development website (https:// 2020, or it will not be considered for The Agency encourages applications www.rd.usda.gov/programs-services/ funding. that will support recommendations value-added-producer-grants). Section made in the Rural Prosperity Task Force Paperwork Reduction Act VII also announces solicitation of non- report to help improve life in rural Federal independent grant reviewers to In accordance with the Paperwork America. www.usda.gov/ruralprosperity. evaluate and score applications Reduction Act, the paperwork burden Applicants are encouraged to consider submitted under this Notice. associated with this Notice has been projects that provide measurable results approved by the Office of Management DATES: You must submit your in helping rural communities build and Budget (OMB) under OMB Control application by March 10, 2020 or it will robust and sustainable economies Number 0570–0039. not be considered for funding. Paper through strategic investments in applications must be postmarked and infrastructure, partnerships and A. Program Description mailed, shipped or sent overnight by innovation. The VAPG program is authorized this date. You may also hand carry your Key strategies include: under section 231 of the Agriculture application to one of our field offices, • Achieving e-Connectivity for rural Risk Protection Act of 2000 (Pub. L. but it must be received by close of America 106–224), as amended by section 10102 business on the deadline date. • Developing the Rural Economy of the Agriculture Improvement Act of Electronic applications are permitted • Harnessing Technological Innovation 2018 (Pub. L. 115–334) (see 7 U.S.C. via http://www.grants.gov only and • Supporting a Rural Workforce 1621 et. seq.). Applicants must adhere must be received before Midnight • Improving Quality of Life to the requirements contained in the Eastern time on March 5, 2020. Late Please note the following: program regulation, 7 CFR 4284, subpart applications are not eligible for grant Hemp projects: VAPG applications J, which is incorporated by reference in funding under this Notice. proposing projects related to Hemp as this Notice. ADDRESSES: You should contact your defined in the Agriculture Improvement The objective of this grant program is USDA Rural Development State Office if Act of 2018, Public Law 115–334, will to assist viable Independent Producers, you have questions about eligibility or be considered for funding if the projects Agricultural Producer Groups, Farmer submission requirements. You are meets all program eligibility and Rancher Cooperatives, and encouraged to contact your State Office requirements, including currently Majority-Controlled Producer-Based well in advance of the application producing Hemp with a valid producer Businesses in starting or expanding
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value-added activities related to the Anticipated Award Date: July 31, 4284.931 and in the application processing and/or marketing of Value- 2020. package. Added Agricultural Products. Grants Reservation of Funds: Ten percent of Federally-recognized Tribes and tribal will be awarded competitively for either available funds for applications will be entities must demonstrate that they planning or working capital projects reserved for applicants qualifying as meet the definition requirements for one directly related to the processing and/or Beginning, Veteran, and Socially- of the four eligible applicant types. marketing of value-added products. Disadvantaged Farmers or Ranchers. An Rural Development State Offices and Generating new products, creating and additional ten percent of available funds posted application toolkits will provide expanding marketing opportunities, and for applications from farmers or additional information on Tribal increasing producer income are the end ranchers proposing development of eligibility. goals of the program. All proposals must Mid-Tier Value Chains. Funds are not Per 4284.921, an applicant is demonstrate economic viability and obligated from these reserves prior to ineligible if they have been debarred or sustainability to compete for funding. September 30, 2019, will be used for the suspended or otherwise excluded from Funding priority will be made VAPG general competition. If this is the or ineligible for participation in Federal available to Beginning Farmers and case, Beginning, Veteran, and Socially- assistance programs under Executive Ranchers, Veteran Farmers and Disadvantaged Farmers or Ranchers and Order 12549, ‘‘Debarment and Ranchers, Socially-Disadvantaged applicants proposing Mid-Tier Value Suspension.’’ The Agency will check the System for Award Management Farmers and Ranchers, Operators of Chains will compete with other eligible (SAM) to determine if the applicant has Small and Medium-Sized Farms and VAPG applications. In addition, in been debarred or suspended. In Ranches structured as Family Farms or accordance with Division B, Title VII, addition, an applicant will be Ranches, Farmer or Rancher Section 752 of Public Law 116–6, 10 considered ineligible for a grant due to Cooperatives, and projects proposing to percent of FY 2019 funds will be an outstanding judgment obtained by develop a Mid-Tier Value Chain. See 7 allocated for assistance in persistent the U.S. in a Federal Court (other than CFR 4284.923 for Reserved Funds poverty counties. Any funds that U.S. Tax Court), is delinquent on the eligibility and 7 CFR 4284.924 for become available after publication of payment of Federal income taxes, or is Priority Scoring eligibility. this notice, that will be allocated for delinquent on Federal debt. The Definitions assistance in persistent poverty applicant must certify as part of the counties, will be identified by the application that they do not have an The following term is incorporated Agency at a later date, after the from Section 10102 of the Agriculture outstanding judgment against them. The applicable appropriations language has Agency will check the Credit Alert Improvement Act of 2018. Majority been enacted. Controlled Producer-Based Business Interactive Voice Response System venture means a venture greater than 50 C. Eligibility Information (CAIVRS) to verify this. Per the Consolidated Appropriations percent of the ownership and control of Applicants must comply with the which is held by— Act, 2018 (Pub. L. 115–141) or successor program regulation 7 CFR part 4284 appropriations act, any corporation (i) ‘‘(i) 1 or more producers; or subpart J to meet all the following ‘‘(ii) 1 or more entities, 100 percent of that has been convicted of a felony eligibility requirements. Required criminal violation under any Federal the ownership and control of which is documentation is included in the held by 1 or more producers. The term law within the past 24 months or (ii) application package. Applications that has any unpaid Federal tax liability ‘entity’ means— which fail to meet any of these ‘‘(i) a partnership; that has been assessed, for which all requirements by the application ‘‘(ii) a limited liability corporation; judicial and administrative remedies deadline will be deemed ineligible and ‘‘(iii) a limited liability partnership; have been exhausted or have lapsed, will not be evaluated further. and and that is not being paid in a timely ‘‘(iv) a corporation. 1. Eligible Applicants manner pursuant to an agreement with Also, Market Expansion Project means the authority responsible for collecting a project in which the Independent You must demonstrate within the the tax liability, is not eligible for Producer applicant seeks to expand the application narrative that you meet all financial assistance provided with funds market for an existing value-added the applicant eligibility requirements of appropriated by, unless a Federal product (produced and marketed by the 7 CFR 4284.920 and 4284.921. This agency has considered suspension or applicant for at least 2 years at time of includes meeting the definition debarment of the corporation and has application) through sales to requirements at 7 CFR 4284.902 by made a determination that this further demonstrably new markets or to new demonstrating how you meet the action is not necessary to protect the customers in existing markets. definition for Agricultural Producer interests of the Government. Additional terms you need to (i.e., how you participate in the ‘‘day to Per 4284.905(a), Applicants must understand are defined in 7 CFR day labor, management, and field comply with other applicable Federal 4284.902. operations’’ of your agricultural laws. Applicants who are proposing enterprise; how you qualify for one of working capital grants to produce and B. Federal Award Information the following applicant types: market value-added products in the Type of Instrument: Grant. Independent Producer, Agricultural industries of wine, beer, distilled spirits Approximate Number of Awards: To Producer Group, Farmer or Rancher or other alcoholic merchandise must be determined. Cooperative or Majority-Controlled comply with Alcohol and Tobacco Tax Available Total Funding: $37 million. Producer-Based Business; and whether and Trade Bureau (TTB) regulations, Maximum Award Amount: you meet the Emerging Market, including but not limited to permitting, Planning—$75,000; Working Capital— Citizenship, Legal Authority and filing of taxes and operational reports. $250,000. Responsibility, Multiple Grants and Please visit TTB’s website at https:// Project Period: Up to 36 months Active Grants requirements of the www.ttb.gov/index.shtml for more depending on the complexity of the section. Required documentation to information. If you are not in project. support eligibility is contained at 7 CFR compliance with TTB’s requirements,
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the Agency may determine that you are regarding the availability of such In addition, per the Agriculture not qualified to receive a Federal award funding. Improvement Act of 2018, working and use that determination as a basis for Matching funds must be available at capital applications must include a making an award to another applicant. time of application and must be statement describing the direct or If, at any time after you have already certified and verified as described in 7 indirect producer benefits intended to received a VAPG award, you are found CFR 4284.931(b)(3) and (4). Do not result from the proposed project within to be in noncompliance with TTB’s include projected income as a matching a reasonable period of time after the operational reporting or tax contribution because it cannot be receipt of a grant. requirements, the Agency may verified as available. Note that matching (b) Purpose eligibility. Applicants for determine that you are not in funds must also be discussed as part of both planning and working capital compliance with your grant terms and the scoring criterion Commitments and grants must meet all requirements at 7 conditions. Support as described in section. E.1.(c). CFR 4284.922(b) regarding maximum grant amounts, verification of matching An Applicant may submit only one 3. Project Eligibility application in response to a solicitation funds, eligible and ineligible uses of and must explicitly direct that it You must demonstrate within the grant and matching funds, and a competes in either the general funds application narrative that you meet all substantive, detailed work plan and competition or in one of the named the project eligibility requirements of 7 budget. (1) Planning Grants. A planning grant reserved funds competitions. Multiple CFR 4284.922. is used to fund development of a applications from separate entities with (a) Product eligibility. Applicants for defined program of economic planning identical or greater than 75 percent both planning and working capital activities to determine the viability of a common ownership, or from a parent, grants must meet all requirements at 7 potential value-added venture, subsidiary or affiliated organization CFR 4284.922(a), including that your specifically for paying a qualified (with ‘‘affiliation’’ defined by Small value-added product must result from consultant to conduct and develop a Business Administration regulation 13 one of the five methodologies identified feasibility study, business plan, and/or CFR 121.103, or successor regulation) in the definition of Value-Added marketing plan associated with the are not permitted. Further, Applicants Agricultural Product at 7 CFR 4284.902. processing and/or marketing of a value- who have already received a Planning In addition, you must demonstrate that, added agricultural product. Planning Grant for the proposed project cannot as a result of the project, the customer grant funds may not be used to fund receive another Planning Grant for the base for the agricultural commodity or working capital activities. same project. Applicants who have value-added product will be expanded, (2) Working Capital Grants. This type already received a Working Capital by including a baseline of current of grant provides funds to operate a Grant for the proposed project cannot customers for the commodity, and an value-added project, specifically to pay receive any additional grants for that estimated target number of customers the eligible project expenses directly project (Proposals from previous award that will result from the project; and related to the processing and/or recipients should be substantially that, a greater portion of the revenue marketing of the value-added product different in terms of products and/or derived from the marketing or that are eligible uses of grant funds. markets and should not merely be processing of the value-added product is Working capital funds may not be used extensions of previously funded available to the applicant producer(s) of for planning purposes. projects). the agricultural commodity, by (c) Reserved Funds Eligibility. To including a baseline of current revenues 2. Cost-Sharing or Matching qualify for Reserved Funds as a from the sale of the agricultural Beginning, Veteran, or Socially- There is a matching fund (cost- commodity and an estimate of increased Disadvantaged Farmer or Rancher or if sharing) requirement of at least $1 for revenues that will result from the you propose to develop a Mid-Tier every $1 in grant funds provided by the project. Note that working capital grants Value Chain, you must meet the Agency (matching funds plus grant for market expansion projects per 7 CFR requirements found at 7 CFR 4284.923. funds must equal proposed Total Project 4284.922(b) must demonstrate expanded If your application is eligible, but is not Cost). Matching funds may be in the customer base and increased revenue awarded under the Reserved Funds, it form of cash or eligible in-kind resulting only from sales of existing will automatically be considered for contributions. Matching contributions products to new customers. VAPG general funds in that same fiscal year, as and grant funds may be used only for recognizes that market expansion funding levels permit. eligible project purposes, including any projects may involve in marketing and (d) Priority Points. To qualify for contributions exceeding the minimum promotion activities such as trade Priority Points for projects that amount required. Applicant matching shows, farmers markets, and various contribute to increasing opportunities contributions in the form of raw media advertising which also result in for Beginning Farmers or Ranchers, commodity, time contributed to the increased sales to existing customers. Socially-Disadvantaged Farmers or project, or goods or services for which However, market expansion award Ranchers, or if you are an Operator of no out-of-pocket expenditure is made recipients must use grant and matching a Small or Medium-sized Farm or Ranch during the grant period, must be funds only on activities that structured as a Family Farm, a Veteran characterized as in-kind contributions. demonstrably focus on marketing Farmer or Rancher, propose a Mid-Tier Donations of goods and service from products they have produced and sold Value Chain project, or are a Farmer or third-parties must be characterized as for at least two years, to new markets Rancher Cooperative, you must meet the in-kind contributions. Tribal applicants and/or to new customers in existing applicable eligibility requirements at 7 may utilize grants made available under markets, such that the producer’s CFR 4284.923 and 4284.924 and must Public Law 93–638, the Indian Self- customer base (number of customers) is address the relevant proposal evaluation Determination and Education expanded, per program requirements. criterion. Assistance Act of 1975, as their Grant and matching funds cannot be Priority points will also be awarded matching contribution, and should deliberately expended on sales of during the scoring process to eligible check with appropriate tribal authorities existing products to existing customers. Agricultural Producer Groups, Farmer
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or Rancher Cooperatives, and Majority- cannot accept emailed or faxed • SF–424B, ‘‘Assurances—Non- Controlled Producer-Based Business applications. Construction Programs.’’ This form must Ventures that best contribute to creating You can locate the Grants.gov be completed, signed, and submitted as or increasing marketing opportunities downloadable application package for part of the application package. for Beginning Farmers or Ranchers, this program by using a keyword, the • Form AD–3030, ‘‘Representations Socially-Disadvantaged Farmers or program name, or the Catalog of Federal Regarding Felony Conviction and Tax Ranchers, and/or Veteran Farmers or Domestic Assistance Number for this Delinquent Status for Corporate Ranchers. You must meet the eligibility program. Applicants,’’ if you are a corporation. A requirements at 7 CFR 4284.923 and When you enter the Grants.gov corporation is any entity that has filed 4284.924 and must address the relevant website, you will find information about articles of incorporation in one of the 50 proposal evaluation criterion. applying electronically through the site, States, the District of Columbia, the as well as the hours of operation. Federated States of Micronesia, the 4. Eligible Uses of Grant and Matching Republic of Palau, and the Republic of Funds To use Grants.gov, you must already have a DUNS number and you must also the Marshall Islands, or the various Eligible uses of grant and matching be registered and maintain registration territories of the United States including funds are discussed, along with in SAM. We strongly recommend that American Samoa, Guam, Midway examples, in 7 CFR 4284.925. In you do not wait until the application Islands, the Commonwealth of the general, grant and cost-share matching deadline date to begin the application Northern Mariana Islands, Puerto Rico, funds have the same use restrictions and process through Grants.gov. or the U.S. Virgin Islands. Corporations must be used to fund only the costs for You must submit all your application include both for profit and non-profit eligible purposes as defined at 7 CFR documents electronically through entities. 4284.925(a) and (b). • Grants.gov. You must certify that there are no 5. Ineligible Uses of Grant and Matching After electronically applying through current outstanding Federal judgments Funds Grants.gov, you will receive an against your property and that you will not use grant funds to pay for any Federal procurement standards automatic acknowledgement from Grants.gov that contains a Grants.gov judgment obtained by the United States. prohibit transactions that involve a real You must also certify that you are not or apparent Conflict of Interest for tracking number. If you want to submit a paper delinquent on the payment of Federal owners, employees, officers, agents, or income taxes, or any Federal debt. To their Immediate Family members having application, send it to the State Office located in the State where your project satisfy the Certification requirement, a personal, professional, financial or you should include this statement in other interest in the outcome of the will primarily take place. You can find State Office Contact information at: your application: ‘‘[INSERT NAME OF project; including organizational APPLICANT] certifies that the United conflicts, and conflicts that restrict open http://www.rd.usda.gov/contact-us/ state-offices. An optional-use Agency States has not obtained an unsatisfied and free competition for unrestrained judgment against its property, is not trade. A list (not all-inclusive) of application template is available online at http://www.rd.usda.gov/programs- delinquent on the payment of Federal ineligible uses of grant and matching income taxes, or any Federal debt, and funds is found in 7 CFR 4284.926. services/value-added-producer-grants. Your application must contain all the will not use grant funds to pay any D. Application and Submission required forms and proposal elements judgments obtained by the United Information described in 7 CFR 4284.931, unless States.’’ A separate signature is not otherwise clarified in this Notice. You required. 1. Address to Request Applications You must provide a valid permit or are encouraged, but not required to The application toolkit, regulation, evidence of having begun the permitting utilize the Application Toolkits found at and official program notification for this process if you are proposing a working http://www.rd.usda.gov/programs- funding opportunity can be obtained capital grant to produce and market services/value-added-producer-grants, online at http://www.rd.usda.gov/ value-added products in the industries however, you must provide all of the programs-services/value-added- of wine, beer, distilled spirits or other information requested by the template. producer-grants. You may also contact alcoholic merchandise. your USDA Rural Development State You must become familiar with the You must provide a valid producer Office by visiting http:// program regulation at 7 CFR part 4284, license issued by a State, Tribe, or www.rd.usda.gov/contact-us/state- subpart J in order to submit a successful USDA, as applicable in accordance with offices. The toolkit contains an application. Basic application contents 7 CFR part 990 if you are proposing to application checklist, templates, are outlined below: • market value-added hemp products. required grant forms, and instructions. Standard Form (SF)-424, • Executive Summary and Abstract. A Although the Agency highly ‘‘Application for Federal Assistance,’’ to one-page Executive Summary recommends their use, use of the include your DUNS number and SAM containing the following information: templates in the toolkit is not (CAGE) code and expiration date (or legal name of applicant entity, mandatory. evidence that you have begun the SAM application type (planning or working registration process). Because there are capital), applicant type, amount of grant 2. Content and Form of Application no specific fields for a CAGE code and request, a summary of your project, and Submission expiration date, you may identify them whether you are submitting a simplified You may submit your application in anywhere you want to on the form. If application, and whether you are paper form or electronically through you do not include your DUNS number requesting Reserved Funds. Also Grants.gov. Your application must in your application, it will not be include a separate abstract of up to 100 contain all required information. considered for funding. words briefly describing your project. • To apply electronically, you must SF–424A, ‘‘Budget Information- • Eligibility discussion. follow the instructions for this funding Non-Construction Programs.’’ This form • Work plan and budget. announcement at http:// must be completed and submitted as • Performance evaluation criteria. www.grants.gov. Please note that we part of the application package. • Proposal evaluation criteria.
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• Certification and verification of grants.gov/applicants/organization_ The length of your grant period should matching funds. registration.jsp for instructions on the be based on your project’s complexity, • Reserved Funds and Priority Point process of registering your organization as indicated in your application work documentation (as applicable). as soon as possible to ensure you are plan. For example, it is expected that • Feasibility studies, business plans, able to meet the electronic application most planning grants can be completed and/or marketing plans, as applicable. deadline. Grants.gov will not accept within 12 months. Appendices containing required applications submitted after the (c) Program Income. If income supporting documentation. deadline. (Program Income) is earned during the grant period as a result of the project 3. Dun and Bradstreet Data Universal 5. Intergovernmental Review activities, it is subject to the Numbering System (DUNS) and System Executive Order (E.O.) 12372, requirements in 2 CFR 200.80, and must for Awards Management (SAM) Intergovernmental Review of Federal be managed and reported accordingly. To be eligible (unless you are Programs, applies to this program. This (d) Majority Controlled Producer- excepted under 2 CFR 25.110(b), (c) or E.O. requires that Federal agencies Based Business. The total amount of (d), you are required to: provide opportunities for consultation funds awarded to Majority Controlled (a) Provide a valid DUNS number in on proposed assistance with State and Producer-Based Businesses in response your application, which can be obtained local governments. Many States have to this announcement shall not exceed at no cost via a toll-free request line at established a Single Point of Contact 10 percent of the total funds obligated (866) 705–5711; (SPOC) to facilitate this consultation. A for the program during the fiscal year. (b) Register in SAM before submitting list of States that maintain a SPOC may (e) Reserved Funds. Ten percent of all your application. You may register in be obtained at http:// funds available will be reserved to fund SAM at no cost at https://www.sam.gov/ www.whitehouse.gov/omb/grants_spoc. projects that benefit Beginning Farmers portal/public/SAM/. You must provide If your State has a SPOC, you must or Ranchers, Veteran Farmers or your SAM Cage Code and expiration submit your application directly for Ranchers or Socially- Disadvantaged date or evidence that you have begun review. Any comments obtained Farmers or Ranchers. In addition, 10 the SAM registration process at time of through the SPOC must be provided to percent of total funding available will be application; and RD for consideration as part of your used to fund projects that propose (c) Continue to maintain an active application. If your State has not development of Mid-Tier Value Chains SAM registration with current established a SPOC or you do not want as part of a Local or Regional Supply information at all times during which to submit your application to the SPOC, Chain Network. See related definitions you have an active Federal award or an RD will submit your application to the in 7 CFR 4284.902. In addition, in application or plan under consideration SPOC or other appropriate agency or accordance with Title VII, Section 750 by a Federal awarding agency. agencies. Applications from federally of Public Law 115–30, 10 percent of FY If you have not fully complied with recognized Indian tribes are not subject 2019 funds will be allocated for all applicable DUNS and SAM to Intergovernmental Review. assistance in persistent poverty requirements, the Agency may counties. Any funds that become 6. Funding Restrictions determine that the applicant is not available after publishing this notice qualified to receive a Federal award and Funding limitations and reservations that will be allocated for assistance in the Agency may use that determination found in the program regulation at 7 persistent poverty counties will be as a basis for making an award to CFR 4284.927 will apply, including: identified by the Agency at a later date, another applicant. Please refer to (a) Use of Funds. Grant funds may be after the applicable appropriations Section F. 2 for additional submission used to pay up to 50 percent of the total language has been enacted. requirements that apply to grantees eligible project costs, subject to the (f) Disposition of Reserved Funds Not selected for this program. limitations established for maximum Obligated. For this announcement, any total grant amount. Grant funds may not reserved funds that have not been 4. Submission Dates and Times be used to pay any costs of the project obligated by September 30, 2019, will be Application Deadline Date: March 10, incurred prior to the date of grant available to the Secretary to make VAPG 2020. approval. Grant and matching funds grants in accordance with Section Explanation of Deadlines: Paper may only be used for eligible purposes. 210A(i)(3)(ii) of the Agriculture applications must be postmarked and (See examples of eligible and ineligible Improvement Act of 2018. mailed, shipped, or sent overnight by uses in 7 CFR 4284.925 and 4284.926, March 10, 2020. The Agency will respectively). 7. Other Submission Requirements determine whether your application is (b) Grant Period (project period). Your (a) National Environmental Policy late based on the date shown on the project timeframe or grant period can be Act. postmark or shipping invoice. You may a maximum of 36 months in length from This Notice has been reviewed in also hand carry your application to one the date of award, depending on the accordance with 7 CFR part 1970, of our field offices, but it must be complexity of your project. Your ‘‘Environmental Policies and received by close of business on the proposed grant period should begin no Procedures,’’ and it has been deadline date. If the due date falls on a earlier than the anticipated award determined that an Environmental Saturday, Sunday, or Federal holiday, announcement date in this Notice and Impact Statement is not required the application is due the next business should end no later than 36 months because the issuance of regulations and day. Late applications will following that date. If you receive an instructions, as well as amendments to automatically be considered ineligible award, your grant period will be revised them, describing administrative and and will not be evaluated further. to begin on the actual date of award— financial procedures for processing, Electronic applications must be the date the grant agreement is executed approving, and implementing the received at http://www.grants.gov no by the Agency—and your grant period Agency’s financial programs is later than Midnight Eastern time, March end date will be adjusted accordingly. categorically excluded in the Agency’s 5, 2020 to be eligible for funding. Please Your project activities should begin National Environmental Policy Act review the Grants.gov website at http:// within 90 days of that date of award. (NEPA) regulation found at 7 CFR
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1970.53(f). We have determined that to your application is 100. For this overall economic, supported by third- this Notice does not constitute a major announcement, the minimum score party information demonstrating a Federal action significantly affecting the requirement for funding is 50 points. reasonable likelihood of success. quality of the human environment. The Agency application toolkit (5) 23–30 points will be awarded if all The Agency will review each grant provides additional instruction to help criterion components are well application to determine its compliance you to respond to the criteria below. addressed, supported by third-party with 7 CFR part 1970 and whether (a) Nature of the Proposed Venture information, and demonstrate a high proposed financial assistance by the (graduated score 0–30 points). likelihood of success. Agency would have a For both planning and working (b) Qualifications of Project Personnel disproportionately high and adverse capital grants, you must discuss the (graduated score 0–20 points). human health or environmental effect technological feasibility of the project, You must identify all individuals who on minority or low-income populations. as well as operational efficiency, will be responsible for managing and The applicant may be asked to provide profitability, and overall economic completing the proposed tasks in the additional information or sustainability resulting from the project. work plan, including the roles and documentation to assist the Agency You must also demonstrate the potential activities that owners, staff, contractors, with this determination. for expanding the customer base for the consultants or new hires may perform; (b) Civil Rights Compliance agricultural commodity or value-added and show that these individuals have Requirements. product, and the expected increase in the necessary qualifications and All grants made under this Notice are revenue returns to the producer-owners expertise, including those hired to do subject to Title VI of the Civil Rights Act providing the majority of the raw market or feasibility analyses, or to of 1964 as required by the USDA (7 CFR agricultural commodity to the project. develop a business operations plan for part 15, subpart A) and Section 504 of Working capital applicants must also the value-added venture. You must the Rehabilitation Act of 1973. provide the potential number of jobs include the qualifications of those that will result from the project, along individuals responsible for leading or E. Application Review Information with a justifiable basis for these managing the total project (applicant Applications will be reviewed and projections. Please see the application owners or project managers), as well as processed as described at 7 CFR template for more information. All those individuals responsible for 4284.940. The Agency will review your applicants must reference and conducting the various individual tasks application to determine if it is summarize third-party data and other in the work plan (such as consultants, complete and eligible. If at any time, the information that specifically supports contractors, staff or new hires). You Agency determines that your your value-added project; discuss the must discuss the commitment and the application is ineligible, you will be value-added process you are proposing; availability of any consultants or other notified in writing as to the reasons it potential markets and distribution professionals to be hired for the was determined ineligible and you will channels; the value to be added to the project—especially those who may be be informed of your review and appeal raw commodity through the value- consulting on multiple VAPG projects). rights. Funding of successfully appealed added process; cost and availability of If staff or consultants have not been applications will be limited to available inputs, your experience in marketing selected at the time of application, you funds. the proposed or similar product; must provide specific descriptions of The Agency will only score business financial statements; and any the qualifications required for the applications in which the applicant and other relevant information that supports positions to be filled. Applications that project are eligible, which are complete the viability of your project. Working demonstrate the strong credentials, and sufficiently responsive to program capital applicants should demonstrate education, capabilities, experience and requirements, and in which the Agency that these outcomes will result from the availability of project personnel that agrees on the likelihood of financial project and include supportable will contribute to a high likelihood of feasibility for working capital requests. projections of increase in customer base, project success will receive more points We will score your application revenue returned to producers and jobs than those that demonstrate less according to the procedures and criteria resulting from the project in order to potential for success in these areas. specified in 7 CFR 4284.942, and with receive up to the maximum number of Points will be awarded as follows: tiered scoring thresholds as specified points. Planning grant applicants should (1) 0 points will be awarded if you do below. describe the expected results, and the not address the criterion. (2) 1–4 points will be awarded if 1. Scoring Criteria reasons supporting those expectations. Points will be awarded as follows: qualifications and experience of all staff For each criterion, you must show (1) 0 points will be awarded if you do is not addressed and/or if necessary, how the project has merit and why it is not address the criterion. qualifications of unfilled positions are likely to be successful. Your complete (2) 1–5 points will be awarded if you not provided. response to each criterion must be do not address each of the following: (3) 5–9 points will be awarded if all included in the body of the application, technological feasibility, operational project personnel are identified but do including summarizations of any efficiency, profitability, and overall not demonstrate qualifications or feasibility studies, business and economic sustainability. experience relevant to the project. marketing plans. If you do not address (3) 6–13 points will be awarded if you (4) 10–14 will be awarded if most key all parts of the criterion, or do not address technological feasibility, personnel demonstrate strong sufficiently communicate relevant operational efficiency, profitability, and credentials and/or experience, and project information, you will receive overall economic sustainability, but do availability indicating a reasonable lower scores. VAPG is a competitive not reference third-party information likelihood of success. program, so you will receive scores that supports the success of your (5) 15–20 points will be awarded if all based on the quality of your responses. project. personnel demonstrate strong, relevant Simply addressing the criteria will not (4) 14–22 points will be awarded if credentials or experience, and guarantee higher scores. The maximum you address technological feasibility, availability indicating a high likelihood number of points that can be awarded operational efficiency, profitability, and of project success.
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(c) Commitments and Support (iii) Level of Commitment manner that demonstrates a high (graduated score 0–10 points). (A) All matching contributions are in- likelihood of success. Producer, end-user, and third-party kind: 1 point (e) Priority Points up to 10 points commitments will be evaluated under (B) Matching contribution consists of (lump sum 0 or 5 points plus, graduated this criterion. Sole proprietors can both cash and in-kind: 2 points score 0–5 points). receive a maximum of 9 points. (C) All matching contributions are It is recommended that you use the Multiple producer applications can cash: 4 points Agency application package when receive a maximum of 10 points. (iv) End-user commitment: applying for priority points and refer to (1) Producer commitments to the (A) No or insufficiently documented the requirements specified in 7 CFR project will be evaluated based on the commitment from end-users: 0 points 4284.924. Priority points may be number of named and documented (B) Well-documented commitment awarded in both the general funds and independent producers currently from one end-user: 1 point Reserved Funds competitions. involved in the project; and the nature, (C) Well-documented commitment (1) 5 points will be awarded if you level and quality of their contributions. from more than one end-user: 2 points meet the requirements for one of the (2) End-user commitments will be (v) Third-party commitment: following categories and provide the evaluated based on potential or (A) No or insufficiently documented documentation described in 7 CFR identified markets and the potential commitment from third-parties: 0 points 4284.923 and 4284.924 as applicable: amount of output to be purchased, as (B) Well-documented commitment Beginning Farmer or Rancher, Socially- indicated by letters of intent or contracts from one third-party: 1 point Disadvantaged Farmer or Rancher, (purchase orders) from potential buyers (C) Well-documented commitment Veteran Farmer or Rancher, or Operator referenced within the application. from more than one third-party: 2 points of a Small or Medium-sized Farm or Applications that demonstrate (d) Work Plan and Budget (graduated Ranch that is structured as a Family documented intent to purchase the score 0–20 points). Farm, Farmer or Rancher Cooperative, value-added product will receive more You must submit a comprehensive or are proposing a Mid-Tier Value Chain points. Note: For planning grants, this work plan and budget (for full details, project. criterion can be addressed by evidence see 7 CFR 4284.922(b)(5)). Your work (2) Up to 5 priority points will be of interest or support from identified or plan must provide specific and detailed awarded if you are an Agricultural potential customers. descriptions of the tasks and the key Producer Group, Farmer or Rancher (3) Third-party commitments to the project personnel that will accomplish Cooperative, or Majority-Controlled project will be evaluated based on the the project’s goals. The budget must Producer-Based Business Venture critical and tangible nature of their present a detailed breakdown and (referred to below as ‘‘applicant group’’) contribution to the project, such as description of all estimated costs of whose project ‘‘best contributes to technical assistance, storage, processing, project activities (including source and creating or increasing marketing marketing, or distribution arrangements basis for their valuation) and allocate opportunities’’ for Operators of Small- that are necessary for the project to those costs among the listed tasks, as and Medium-sized Farms and Ranches proceed; and the level and quality of instructed in the application package. that are structured as Family Farms, these contributions. Applications that You must show the source and use of Beginning Farmers and Ranchers, demonstrate strong technical and both grant and matching funds for all Socially-Disadvantaged Farmers and logistical support to successfully tasks. Matching funds must be spent at Ranchers, and Veteran Farmers and complete the project will receive more a rate equal to, or in advance of, grant Ranchers (referred to below as ‘‘priority points. funds. An eligible start and end date for groups’’). For each of the priority point Letters of commitment by producers, the entire project, as well as for each levels below, applications must end-users, and third-parties should be individual project task must be clearly demonstrate how the proposed project summarized as part of your response to shown. The project timeframe must not will contribute to new or increased this criterion, and the letters must be exceed 36 months and should be scaled marketing opportunities for respective included in Appendix B. Please note to the complexity of the project. priority groups. Guidance on relevant that VAPG does not require Working capital applications must information required to adequately Congressional letters of support, nor do include an estimate of program income demonstrate this requirement can be they carry any extra weight during the expected to be earned during the grant found in program application package. evaluation process. Also, note that period (see 2 CFR 200.307). (i) 2 priority points will be awarded because applications with cash Points will be awarded as follows: if the existing membership of the matching contributions are awarded (1) 0 points will be awarded if you do applicant group is comprised of either more points than those pledging only not address the criterion. more than 50 percent of any one of the in-kind contributions, applicants will (2) 1–7 points will be awarded if the four priority groups or more than 50 not be able to substitute an in-kind work plan and budget do not account percent of any combination of the four match for cash after awards are made. for all project goals, tasks, costs, priority groups. Points will be awarded as follows: timelines, and responsible personnel. (ii) 1 priority point will be awarded if (i) 0 points will be awarded if you do (3) 8–14 points will be awarded if you the existing membership of the not address the criterion provide a clear, comprehensive work applicant group is comprised of two or (ii) Independent Producer plan detailing all project goals, tasks, more of the priority groups. One point Commitment timelines, costs, and responsible is awarded regardless of whether a (A) Sole Proprietor (one owner/ personnel in a logical and realistic group’s membership is comprised of producer): 1 point manner that demonstrates a reasonable two, three, or all four of the priority (B) Multiple Independent Producers likelihood of success. groups. (note: in cases where family members, (4) 15–20 points will be awarded if (iii) 2 priority points will be awarded such as husband and wife, are eligible you provide a clear, comprehensive if the applicant’s proposed project will Independent Producers, each family work plan detailing all project goals, increase the number of priority groups member will count as one Independent tasks, timelines, costs, and responsible that comprise applicant membership by Producer): 2 points personnel in a logical and realistic one or more priority groups. However,
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if an applicant group’s membership is economics or finance; and a minimum 2. Administrative and National Policy already comprised of all four priority of 8 years of experience in an Requirements groups, such an applicant would not be agriculture-related field (e.g. farming, Additional requirements that apply to eligible for points under this criterion marketing, consulting, or research; or as grantees selected for this program can be because there is no opportunity to university faculty, trade association found in 7 CFR part 4284, subpart J; the increase the number of priority groups. official or non-Federal government Grants and Agreements regulations of Note also that this criterion does not official in an agriculturally-related the Department of Agriculture codified consider either the percentage of the field). Each reviewer will score in 2 CFR parts 180, 400, 415, 417, 418, existing membership that is comprised evaluation criteria (a) through (d) and 421; 2 CFR parts 25 and 170; and 48 of the four priority groups or the the totals for each reviewer will be CFR 31.2, and successor regulations to number of priority groups currently added together and averaged. The RD these parts. comprising the applicant group’s State Office reviewer will also assign In addition, all recipients of Federal membership. priority points based on criterion (e) in financial assistance are required to (f) Administrator Priority Categories section E.1. of this Notice. These will be report information about first-tier sub- (graduated score 0–10 points). added to the average score. The sum of awards and executive compensation The Administrator of the Agency may these scores will be ranked highest to (see 2 CFR part 170). You will be choose to award up to 10 points to an lowest and this will comprise the initial required to have the necessary processes application to improve the geographic ranking. and systems in place to comply with the diversity of awardees and/or foster Federal Funding Accountability and persistent poverty counties and/or help The Administrator of the Agency may Transparency Act of 2006 (Pub. L. 109– reduce unemployment through job choose to award up to 10 Administrator 282) reporting requirements (see 2 CFR creation in a fiscal year. To ensure that priority points based on criterion (f) in 170.200(b), unless you are exempt under funds are more broadly utilized in section E.1. of this Notice. These points 2 CFR 170.110(b)). More information on support of recommendations made in will be added to the cumulative score these requirements can be found at the Rural Prosperity Task Force report for a total possible score of 100. http://www.rd.usda.gov/programs- to help improve life in rural America, A final ranking will be obtained based services/value-added-producer-grants. the Administrator may also choose to solely on the scores received for criteria The following additional award points to eligible applicants who (a) through (e). A minimum score of 50 requirements apply to grantees selected have never previously been awarded a points is required for funding. for this program: VAPG grant. Eligible applicants who Applications for Reserved Funds will be (a) Agency approved Grant have never previously received VAPG funded in rank order until funds are Agreement. funds and who want to be considered depleted. Unfunded reserve (b) Letter of Conditions. for discretionary points must applications will be returned to the (c) Form RD 1940–1, ‘‘Request for specifically request consideration for general funds where applications will Obligation of Funds.’’ these points and certify that neither the be funded in rank order until the funds (d) Form RD 1942–46, ‘‘Letter of applicant entity or any of its owner or are expended. Funding for Majority Intent to Meet Conditions.’’ members have ever received a VAPG Controlled Producer-Based Business (e) Form AD–1047, ‘‘Certification grant. To be considered for these points, Ventures is limited to 10 percent of total Regarding Debarment, Suspension, and you must discuss how your workplan grant funds expected to be obligated as Other Responsibility Matters-Primary and budget supports one or more of the a result of this Notice. These Covered Transactions.’’ five following key strategies: (f) Form AD–1048, ‘‘Certification Achieving e-Connectivity for Rural applications will be funded in rank Regarding Debarment, Suspension, America; order until the funding limitation has Improving Quality of Life; been reached. Grants to these applicants Ineligibility and Voluntary Exclusion- Supporting a Rural Workforce; from Reserved Funds will count against Lower Tier Covered Transactions.’’ Harnessing Technological Innovation; this funding limitation. In the event of (g) Form AD–1049, ‘‘Certification and tied scores, the Administrator shall have Regarding a Drug-Free Workplace Economic Development. discretion in breaking ties. Requirement (Grants).’’ (h) Form AD–3031, ‘‘Assurance If your application is ranked, but not 2. Review and Selection Process Regarding Felony Conviction or Tax funded, it will not be carried forward The Agency will select applications Delinquent Status for Corporate for award under this Notice in into the next competition. Applicants.’’ Must be signed by accordance with the provisions F. Federal Award Administration corporate applicants who receive an specified in 7 CFR 4284.950(a). Information award under this Notice. If your application is eligible and (i) Form RD 400–4, ‘‘Assurance complete, it will be qualitatively scored 1. Federal Award Notices Agreement.’’ by at least two reviewers based on (j) SF LLL, ‘‘Disclosure of Lobbying If you are selected for funding, you criteria specified in section E.1. of this Activities,’’ if applicable. will receive a signed notice of Federal Notice. One of these reviewers will be (k) Use Form SF 270, ‘‘Request for award by postal mail, containing an experienced RD employee from your Advance or Reimbursement.’’ servicing State Office and at least one instructions on requirements necessary additional reviewer will be a non- to proceed with execution and 3. Reporting Federal, independent reviewer, who performance of the award. After grant approval and through must meet the following qualifications. If you are not selected for funding, grant completion, you will be required Independent reviewers must have at you will be notified in writing via postal to provide the following, as indicated in least a bachelor’s degree in one or more mail and informed of any review and the Grant Agreement: of the following fields: Agri-business, appeal rights. Funding of successfully (a) A SF–425, ‘‘Federal Financial agricultural economics, agriculture, appealed applications will be limited to Report,’’ and a project performance animal science, business, marketing, available funding. report will be required on a semiannual
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basis (due 30 working days after end of administrative sanction, i.e., removal TTY) or contact USDA through the the semiannual period). For the from the current review and/or Federal Relay Service at (800) 877–8339. purposes of this grant, semiannual disqualification from involvement in Additionally, program information may periods end on March 31st and future reviews of grant applications. be made available in languages other September 30th. The project than English. 3. Training performance reports shall include the To file a program discrimination elements prescribed in the grant All reviewers must review and complaint, complete the USDA Program agreement. understand program requirements and Discrimination Complaint Form, AD– (b) A final project and financial status must attend a mandatory training 3027, found online at http:// report within 90 days after the webinar. www.ascr.usda.gov/complaint_filing_ expiration or termination of the grant. 4. System Requirements cust.html and at any USDA office or (c) Provide outcome project write a letter addressed to USDA and performance reports and final (a) Reviewers must have reliable provide in the letter all of the deliverables. internet access using Internet Explorer information requested in the form. To and be able to reliably both access request a copy of the complaint form, G. Solicitation of Non-Federal applications and submit scores Independent Grant Reviewers call (866) 632–9992. Submit your electronically, and completed form or letter to USDA by: (b) All reviewers must be able to Rural Development is seeking non- (1) Mail: U.S. Department of complete requirements for, obtain, and Federal independent grant reviewers Agriculture, Office of the Assistant maintain USDA Level 2 e-Authorization under this Notice. Reviewers must be Secretary for Civil Rights, 1400 credentialing. able to use their professional knowledge Independence Avenue SW, Washington, To apply, please send a resume and experience to evaluate and score DC 20250–9410; VAPG program applications against the addressing relevant qualifications and experience to [email protected] (2) Fax: (202) 690–7442; or evaluation criteria published in this (3) Email: [email protected]. Notice, and effectively communicate by February 10, 2020. their findings in writing. H. Agency Contacts Bette B. Brand, 1. Qualifications Administrator, Rural Business—Cooperative If you have questions about this Service. Notice, please contact the State Office as All reviewers must meet the following [FR Doc. 2019–26626 Filed 12–10–19; 8:45 am] identified in the ADDRESSES section of qualifications. BILLING CODE 3410–XY–P (a) Have at least a bachelor’s degree in this Notice. You are also encouraged to one or more of the following fields: agri- visit the application website for business, agricultural economics, application tools, including an DEPARTMENT OF COMMERCE business, marketing, economics or application guide and templates. The finance, and website address is: http:// International Trade Administration (b) A minimum of 8 years of www.rd.usda.gov/programs-services/ experience in an agriculture-related value-added-producer-grants. You may [A–201–845] field (e.g. farming, marketing, also contact National Office staff at consulting, or research; or as university [email protected] or call the Sugar From Mexico: Notice of faculty, trade association official or non- main line at 202–720–1400. Termination of Amendment to the Federal government official in an I. Nondiscrimination Statement Agreement Suspending the agriculturally-related field). Antidumping Duty Investigation In accordance with Federal civil 2. Ethical Standards rights law and U.S. Department of AGENCY: Enforcement and Compliance, Prospective reviewers must be able to Agriculture (USDA) civil rights International Trade Administration, exercise the highest level of ethical regulations and policies, the USDA, its Department of Commerce. standards in avoiding conflict of Agencies, offices, and employees, and SUMMARY: On October 18, 2019, the interests and maintaining institutions participating in or United States Court of International confidentiality. administering USDA programs are Trade (CIT) issued a final judgment in (a) Conflict of Interest prohibited from discriminating based on CSC Sugar LLC v. United States, Ct. No. Individuals selected as non-Federal race, color, national origin, religion, sex, 17–00215, Slip Op. 19–132 (CIT October independent grant reviewers will be gender identity (including gender 18, 2019) (CSC Sugar II), vacating the required to certify that they do not have expression), sexual orientation, 2017 amendment to the Agreement a conflict of interest or an appearance disability, age, marital status, family/ Suspending the Antidumping Duty thereof with any VAPG application they parental status, income derived from a Investigation on Sugar from Mexico. are assigned to review. This may public assistance program, political Commerce is now terminating the include but is not limited to beliefs, or reprisal or retaliation for prior amendment consistent with the Court’s certification that they did not apply for civil rights activity, in any program or order. activity conducted or funded by USDA a VAPG grant and are not affiliated with DATES: Applicable December 7, 2019. persons or organizations applying for (not all bases apply to all programs). VAPG funds. Remedies and complaint filing FOR FURTHER INFORMATION CONTACT: (b) Confidentiality deadlines vary by program or incident. Sally C. Gannon, Bilateral Agreements Reviewers will also be required to Persons with disabilities who require Unit, Office of Policy and Negotiations, sign a certification statement regarding alternative means of communication for Enforcement and Compliance, the safeguarding of information program information (e.g., Braille, large International Trade Administration, contained in assigned applications. print, audiotape, American Sign U.S. Department of Commerce, 1401 Failure to identify a conflict-of- Language, etc.) should contact the Constitution Avenue NW, Washington, interest or the unauthorized disclosure responsible Agency or USDA’s TARGET DC 20230; telephone: (202) 482–0162. of information may subject reviewers to Center at (202) 720–2600 (voice and SUPPLEMENTARY INFORMATION:
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Background by Commerce’s delayed and incomplete Background supplementation of the record.6 On December 19, 2014, Commerce Commerce has received timely The CIT found that Commerce’s requests, in accordance with 19 CFR and the signatory producers/exporters failure to follow the recordkeeping accounting for substantially all imports 351.213(b), for administrative reviews of requirements of Section 777 of the Act various AD and CVD orders and of sugar from Mexico signed the cannot be described as ‘‘harmless.’’ 7 Agreement Suspending the findings with October anniversary dates. The CIT found that this recordkeeping All deadlines for the submission of Antidumping Duty Investigation on failure substantially prejudiced CSC various types of information, Sugar from Mexico (AD Agreement).1 8 Sugar. On that basis, the CIT stated that certifications, or comments or actions by Subsequent to this date, between June 9 the AD Amendment must be vacated. Commerce discussed below refer to the 2016 and June 2017, Commerce and the Termination of AD Amendment number of calendar days from the signatory producers/exporters applicable starting time. accounting for substantially all imports Consistent with the CIT’s ruling in of sugar from Mexico held consultations CSC Sugar II, Commerce is terminating Notice of No Sales the AD Amendment prospectively.10 to address concerns raised by the If a producer or exporter named in Accordingly, as of December 7, 2019, domestic industry and to ensure that the this notice of initiation had no exports, the unamended AD Agreement 11 is in AD Agreement met all of the statutory sales, or entries during the period of force and effective, and the AD requirements for a suspension review (POR), it must notify Commerce Amendment has no force or effect. agreement, e.g., that suspension of the within 30 days of publication of this investigation was in the public interest, Dated: December 6, 2019. notice in the Federal Register. All including the availability of supplies of Jeffrey I. Kessler, submissions must be filed electronically sugar in the U.S. market, and that Assistant Secretary for Enforcement and at http://access.trade.gov in accordance effective monitoring was practicable. Compliance. with 19 CFR 351.303.1 Such The consultations resulted in Commerce [FR Doc. 2019–26802 Filed 12–10–19; 8:45 am] submissions are subject to verification and the signatory producers/exporters BILLING CODE 3510–DS–P in accordance with section 782(i) of the accounting for substantially all imports Tariff Act of 1930, as amended (the Act). of sugar from Mexico signing the Further, in accordance with 19 CFR amendment to the AD Agreement on DEPARTMENT OF COMMERCE 351.303(f)(1)(i), a copy must be served June 30, 2017, and it was subsequently on every party on Commerce’s service published in the Federal Register.2 International Trade Administration list. CSC Sugar LLC (CSC Sugar) Initiation of Antidumping and Respondent Selection challenged Commerce’s determination Countervailing Duty Administrative In the event Commerce limits the to amend the AD Agreement by Reviews contending that Commerce did not meet number of respondents for individual its obligation to file a complete AGENCY: Enforcement and Compliance, examination for administrative reviews administrative record.3 Specifically, International Trade Administration, initiated pursuant to requests made for the orders identified below, Commerce CSC Sugar argued that Commerce failed Department of Commerce. intends to select respondents based on to memorialize and include in the SUMMARY: The Department of Commerce U.S. Customs and Border Protection record ex parte communications (Commerce) has received requests to (CBP) data for U.S. imports during the between Commerce officials and conduct administrative reviews of POR. We intend to place the CBP data interested parties (including the various antidumping duty (AD) and on the record within five days of domestic sugar industry and countervailing duty (CVD) orders and publication of the initiation notice and representatives of Mexico), as required findings with October anniversary dates. to make our decision regarding by section 777(a)(3) of the Tariff Act of In accordance with Commerce’s respondent selection within 30 days of 1930, as amended (the Act).4 regulations, we are initiating those administrative reviews. publication of the initiation Federal The CIT agreed with CSC Sugar and DATES: Applicable December 11, 2019. Register notice. Comments regarding the ordered Commerce to supplement the FOR FURTHER INFORMATION CONTACT: CBP data and respondent selection administrative record with any ex parte Brenda E. Brown, AD/CVD Operations, should be submitted within seven days communications regarding the AD Customs Liaison Unit, Enforcement and after the placement of the CBP data on Amendment.5 CSC Sugar subsequently Compliance, International Trade the record of this review. Parties filed a motion for judgment on the Administration, U.S. Department of wishing to submit rebuttal comments agency record arguing that Commerce’s Commerce, 1401 Constitution Avenue should submit those comments within failure, during the consultations period, NW, Washington, DC 20230, telephone: five days after the deadline for the to maintain contemporaneous ex parte (202) 482–4735. initial comments. communication memoranda, in SUPPLEMENTARY INFORMATION: In the event Commerce decides it is accordance with section 777(a)(3) of the necessary to limit individual Act, could not be adequately remedied 6 See CSC Sugar II at 4. examination of respondents and 7 Id. at 11–12. conduct respondent selection under 1 See Sugar From Mexico: Suspension of 8 Id. at 12. section 777A(c)(2) of the Act, the Antidumping Duty Investigation, 79 FR 78039 9 Id. following guidelines regarding (December 29, 2014) (AD Agreement). 10 Commerce is terminating the AD Amendment, collapsing of companies for purposes of 2 See Sugar From Mexico: Amendment to the effective December 7, 2019. Because suspension of respondent selection will apply. In Agreement Suspending the Antidumping Duty liquidation does not occur while the AD Agreement Investigation, 82 FR 31945 (July 11, 2017) (AD is in force, termination of the AD Amendment shall general, Commerce has found that Amendment). be prospective in effect. Accordingly, the AD 3 See CSC Sugar II at 4. Agreement, as signed on December 19, 2014, 1 See Antidumping and Countervailing Duty 4 Id. applies to all contracts for sugar from Mexico Proceedings: Electronic Filing Procedures; 5 Id. (citing CSC Sugar LLC v. United States, 317 exported from Mexico on or after December 7, 2019. Administrative Protective Order Procedures, 76 FR F. Supp. 3d 1334, 1345 (CIT 2018)). 11 See AD Agreement. 39263 (July 6, 2011).
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determinations concerning whether constructed value under section 773(e) All firms listed below that wish to particular companies should be of the Act.2 Section 773(e) of the Act qualify for separate rate status in the ‘‘collapsed’’ (e.g., treated as a single states that ‘‘if a particular market administrative reviews involving NME entity for purposes of calculating situation exists such that the cost of countries must complete, as antidumping duty rates) require a materials and fabrication or other appropriate, either a separate rate substantial amount of detailed processing of any kind does not application or certification, as described information and analysis, which often accurately reflect the cost of production below. For these administrative reviews, require follow-up questions and in the ordinary course of trade, the in order to demonstrate separate rate analysis. Accordingly, Commerce will administering authority may use eligibility, Commerce requires entities not conduct collapsing analyses at the another calculation methodology under for whom a review was requested, that respondent selection phase of this this subtitle or any other calculation were assigned a separate rate in the review and will not collapse companies methodology.’’ When an interested most recent segment of this proceeding at the respondent selection phase unless party submits a PMS allegation pursuant in which they participated, to certify there has been a determination to to section 773(e) of the Act, Commerce that they continue to meet the criteria collapse certain companies in a will respond to such a submission for obtaining a separate rate. The previous segment of this AD proceeding consistent with 19 CFR 351.301(c)(2)(v). Separate Rate Certification form will be (e.g., investigation, administrative If Commerce finds that a PMS exists available on Commerce’s website at review, new shipper review, or changed under section 773(e) of the Act, then it http://enforcement.trade.gov/nme/nme- circumstances review). For any will modify its dumping calculations sep-rate.html on the date of publication company subject to this review, if appropriately. of this Federal Register notice. In Commerce determined, or continued to Neither section 773(e) of the Act nor responding to the certification, please treat, that company as collapsed with 19 CFR 351.301(c)(2)(v) set a deadline follow the ‘‘Instructions for Filing the others, Commerce will assume that such for the submission of PMS allegations Certification’’ in the Separate Rate companies continue to operate in the and supporting factual information. Certification. Separate Rate same manner and will collapse them for However, in order to administer section Certifications are due to Commerce no respondent selection purposes. 773(e) of the Act, Commerce must later than 30 calendar days after Otherwise, Commerce will not collapse receive PMS allegations and supporting publication of this Federal Register companies for purposes of respondent factual information with enough time to notice. The deadline and requirement selection. Parties are requested to (a) consider the submission. Thus, should for submitting a Certification applies identify which companies subject to an interested party wish to submit a equally to NME-owned firms, wholly review previously were collapsed, and PMS allegation and supporting new foreign-owned firms, and foreign sellers (b) provide a citation to the proceeding factual information pursuant to section who purchase and export subject in which they were collapsed. Further, 773(e) of the Act, it must do so no later merchandise to the United States. if companies are requested to complete than 20 days after submission of initial Entities that currently do not have a the Quantity and Value (Q&V) responses to section D of the separate rate from a completed segment Questionnaire for purposes of 3 questionnaire. of the proceeding should timely file a respondent selection, in general, each Separate Rate Application to company must report volume and value Separate Rates demonstrate eligibility for a separate data separately for itself. Parties should rate in this proceeding. In addition, not include data for any other party, In proceedings involving non-market economy (NME) countries, Commerce companies that received a separate rate even if they believe they should be in a completed segment of the treated as a single entity with that other begins with a rebuttable presumption that all companies within the country proceeding that have subsequently party. If a company was collapsed with made changes, including, but not another company or companies in the are subject to government control and, thus, should be assigned a single limited to, changes to corporate most recently completed segment of this structure, acquisitions of new proceeding where Commerce antidumping duty deposit rate. It is Commerce’s policy to assign all companies or facilities, or changes to considered collapsing that entity, 4 exporters of merchandise subject to an their official company name, should complete Q&V data for that collapsed timely file a Separate Rate Application entity must be submitted. administrative review in an NME country this single rate unless an to demonstrate eligibility for a separate Deadline for Withdrawal of Request for exporter can demonstrate that it is rate in this proceeding. The Separate Administrative Review sufficiently independent so as to be Rate Application will be available on entitled to a separate rate. Commerce’s website at http:// Pursuant to 19 CFR 351.213(d)(1), a enforcement.trade.gov/nme/nme-sep- To establish whether a firm is party that has requested a review may rate.html on the date of publication of sufficiently independent from withdraw that request within 90 days of this Federal Register notice. In government control of its export the date of publication of the notice of responding to the Separate Rate initiation of the requested review. The activities to be entitled to a separate regulation provides that Commerce may rate, Commerce analyzes each entity 3 Such entities include entities that have not extend this time if it is reasonable to do exporting the subject merchandise. In participated in the proceeding, entities that were so. Determinations by Commerce to accordance with the separate rates preliminarily granted a separate rate in any extend the 90-day deadline will be criteria, Commerce assigns separate currently incomplete segment of the proceeding (e.g., an ongoing administrative review, new made on a case-by-case basis. rates to companies in NME cases only shipper review, etc.) and entities that lost their if respondents can demonstrate the Deadline for Particular Market separate rate in the most recently completed absence of both de jure and de facto segment of the proceeding in which they Situation Allegation government control over export participated. Section 504 of the Trade Preferences activities. 4 Only changes to the official company name, rather than trade names, need to be addressed via Extension Act of 2015 amended the Act a Separate Rate Application. Information regarding by adding the concept of a particular 2 See Trade Preferences Extension Act of 2015, new trade names may be submitted via a Separate market situation (PMS) for purposes of Public Law 114–27, 129 Stat. 362 (2015). Rate Certification.
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Application, refer to the instructions and export subject merchandise to the questionnaire as mandatory contained in the application. Separate United States. respondents. Rate Applications are due to Commerce For exporters and producers who Initiation of Reviews: no later than 30 calendar days after submit a Separate Rate Application or publication of this Federal Register Certification and subsequently are In accordance with 19 CFR notice. The deadline and requirement 351.221(c)(1)(i), we are initiating selected as mandatory respondents, for submitting a Separate Rate administrative reviews of the following these exporters and producers will no Application applies equally to NME- AD and CVD orders and findings. We owned firms, wholly foreign-owned longer be eligible for separate rate status intend to issue the final results of these firms, and foreign sellers that purchase unless they respond to all parts of the reviews not later than October 31, 2020.
Period to be reviewed
AD proceedings AUSTRALIA: Hot-Rolled Steel Flat Products, A–602–809 ...... 10/1/18–9/3019 BlueScope Steel Americas, Inc. BlueScope Steel, Ltd. SSAB Enterprises, LLC. Steel Dynamics, Inc. Steelscape LLC. United States Steel Corporation. BRAZIL: Hot-Rolled Steel Flat Products, A–351–845 ...... 10/1/18–9/30/19 AG Royce Metal Marketing. Aperam South America. Companhia Siderurgica Nacional. Companhia Siderurgica Suape. Cummins Inc. Erico Incorporated. Gautier Steel Limited. Gerdau Acominas S.A. Mahle Engine Components USA Inc. Mahle Metal Leve S.A. Marcegaglia do Brasil. Modine do Brasil Sistemas Termicos. Nvent do Brasil Eletrometalurgica Ltda. Nvent Erico. Optimus Steel Inc. Ternium Brasil Ltda. Ternium Mexico S.A. de C.V. Usinas Siderurgicas de Minas Gerais S.A. (Usiminas). INDIA: Stainless Steel Flanges, A–533–877 ...... 3/28/18–9/30/19 Arien Global. Armstrong International Pvt. Ltd. Avinimetal. Balkrishna Steel Forge Pvt. Ltd. Bebitz Flanges Works Private Limited. Bee Gee Enterprises. Bsl Freight Solutions Pvt., Ltd. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd). Chandan Steel Limited. Chandan Steel Ltd. Cipriani Harrison Valves Pvt. Ltd. CTL Logistics (India) Pvt. Ltd. Echjay Forgings Private Limited. Echjay Forgings Private Ltd. Fivebros Forgings Pvt. Ltd. Fluid Controls Pvt. Ltd. Geodis Oversea Pvt., Ltd. Globelink WW India Pvt., Ltd. Goodluck India Ltd. Hilton Metal Forging Limited. Jai Auto Pvt. Ltd. JAY JAGDAMBA FORGINGS PRIVATE LIMITED. JAY JAGDAMBA LIMITED. JAY JAGDAMBA PROFILE PRIVATE LIMITED. Jay Jagdamba Ltd. Kisaan Die Tech. Kunj Forgings Pvt. Ltd. Montane Shipping Pvt., Ltd. Noble Shipping Pvt. Ltd. Paramount Forge. Pashupati Tradex Pvt., Ltd. Peekay Steel Castings Pvt. Ltd. Pradeep Metals Limited.
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Period to be reviewed
Pradeep Metals Ltd. R D Forge Pvt., Ltd. Rolex Fittings India Pvt. Ltd. Rollwell Forge Pvt. Ltd. Safewater Lines (I) Pvt. Ltd. Saini Flange Pvt. Ltd. SAR Transport Systems. Shilpan Steelcast Pvt. Ltd. SHREE JAY JAGDAMBA FLANGES PRIVATE LIMITED. Shree Jay Jagdamba Flanges Pvt. Ltd. Teamglobal Logistics Pvt. Ltd. Technical Products Corporation. Technocraft Industries India Ltd. Transworld Global. VEEYES Engineering Pvt. Ltd. Vishal Shipping Agencies Pvt. Ltd. Yusen Logistics (India) Pvt. Ltd. JAPAN: Certain Hot-Rolled Steel Flat Products, A–588–874 ...... 10/1/18–9/30/19 Hanwa Co., Ltd. Higuchi Manufacturing America, LLC. Higuchi Seisakusho Co., Ltd. Hitachi Metals, Ltd. Honda Trading Canada, Inc. JFE Steel Corporation. JFE Shoji Trade America. JFE Shoji Trade Corporation. Kanematsu Corporation. Kobe Steel, Ltd. Metal One Corporation. Mitsui & Co., Ltd. Miyama Industry Co., Ltd. Nakagawa Special Steel Inc. Nippon Steel Corporation. Nippon Steel & Sumitomo Metal Corporation. Nippon Steel & Sumikin Logistics Co., Ltd. Nisshin Steel Co., Ltd. Okaya & Co., Ltd. Panasonic Corporation. Saint-Gobain K.K. Shinsho Corporation. Sumitomo Corporation. Suzukaku Co., Ltd. Tokyo Steel Manufacturing Co., Ltd. Toyota Tsusho Corporation Nagoya. MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ...... 10/1/18–9/30/19 ArcelorMittal Las Truchas, S.A. de C.V. Deacero S.A.P.I. de C.V. Grupo Villacero S.A. de C.V. Talleres y Aceros S.A. de C.V. Ternium Mexico S.A. de C.V. TAIWAN: Steel Concrete Reinforcing Bar, A–583–859 ...... 10/1/18–9/30/19 Power Steel Co., Ltd. REPUBLIC of KOREA: Certain Hot-Rolled Steel Flat Products, A–580–883 ...... 10/1/18–9/30/19 Hyundai Steel Company. POSCO. POSCO Daewoo Corporation. Dongbu Steel Co., Ltd. Dongkuk Industries Co., Ltd. Dongkuk Steel Mill Co., Ltd. Marubeni-Itochu Steel Korea Ltd 8. Soon Hong Trading Co. Snp Ltd. Sungjin Co., Ltd. The NETHERLANDS: Hot-Rolled Steel Flat Products, A–421–813 ...... 10/1/18–9/30/19 Tata Steel Ijmuiden BV. The PEOPLE’S REPUBLIC of CHINA: Electrolytic Manganese Dioxide, A–570–919 ...... 10/1/18—9/30/19 Duracell (China) Limited. The PEOPLE’S REPUBLIC of CHINA: Polyvinyl Alcohol, A–570–879 ...... 10/1/18–9/30/19 Sinopec Sichuan Vinylon Works. Sinopec Chongqing SVW Chemical Co., Ltd. The PEOPLE’S REPUBLIC OF CHINA: Steel Wire Garment Hangers, A–570–918 ...... 10/1/1A–9/30/19 Shanghai Wells Hanger Co., Ltd. Hong Kong Ltd. Hong Kong Wells Ltd.
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Period to be reviewed
Hangzhou Qingqing Mechanical Co., Ltd. Hangzhou Yingqing Material Co., Ltd. Shaoxing Dingli Metal Clotheshorse. Shaoxing Lishi Metal Products Co., Ltd. Shaoxing Maosheng Metal Products Co., Ltd. Shaoxing Shunji Metal Clotheshorse Co., Ltd. Shaoxing Yongnuo Metal Products Co., Ltd. Zhejiang Lucky Cloud Hanger Co., Ltd. TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–489–824 ...... 9/1/18–8/31/19 Cag Celik Demir ve Celik Endustri A.S.5 Noksel Celik Boru Sanayi A.S.6 Ozdemir Boru Profil San. ve Tic. Ltd Sti 7 TURKEY: Hot-Rolled Steel Flat Products, A–489–826 ...... 10/1/18–9/30/19 Agir Haddecilik A.S. Cag Celik Demir ve Celik. Colakoglu Dis Ticaret A.S. Colakoglu Metalurji, A.S. Eregli Demir ve Celik Fabrikalari T.A.S. Gazi Metal Mamulleri Sanayi Ve Ticaret A.S. Habas Industrial and Medical Gases Production Industries Inc. Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi. Iskenderun Iron & Steel Works Co. MMK Atakas Metalurji. Ozkanlron and Steel lnd. Seametal San ve Dis Tic. Tosyali Holding (Toscelik Profile and Sheet Ind. Co., Toscelik Profil ve Sac). CVD proceedings BRAZIL: Hot-Rolled Steel Flat Products, C–351–846 ...... 1/1/18–12/31/18 Aperam South America. Companhia Siderurgica Nacional. Companhia Siderurgica Suape. Gerdau Acominas S.A. Mahle Metal Leve S.A. Marcegaglia do Brasil. Modine do Brasil Sistemas Termicos. Nvent do Brasil Eletrometalurgica Ltda. Ternium Brasil Ltda. Usinas Siderurgicas de Minas Gerais S.A. (Usiminas). INDIA: Stainless Steel Flanges, C–533–878 ...... 1/23/18–12/31/18 Arien Global. Armstrong International Pvt. Ltd. Avinimetal. Balkrishna Steel Forge Pvt. Ltd. Bebitz Flanges Works Private Limited. Bee Gee Enterprises. Bsl Freight Solutions Pvt., Ltd. CD Industries (Prop. Kisaan Engineering Works Pvt. Ltd). Chandan Steel Limited. Chandan Steel Ltd. Cipriani Harrison Valves Pvt. Ltd. CTL Logistics (India) Pvt. Ltd. Echjay Forgings Private Limited. Fivebros Forgings Pvt. Ltd. Fluid Controls Pvt. Ltd. Geodis Oversea Pvt., Ltd. Globelink WW India Pvt., Ltd. Goodluck India Ltd. Hilton Metal Forging Limited. Jai Auto Pvt. Ltd. Jay Jagdamba Forgings Private Limited. Jay Jagdamba Limited. Jay Jagdamba Profile Private Limited. Kisaan Die Tech. Kunj Forgings Pvt. Ltd. Montane Shipping Pvt., Ltd. Noble Shipping Pvt. Ltd. Paramount Forge. Pashupati Tradex Pvt., Ltd. Peekay Steel Castings Pvt. Ltd. Pradeep Metals Limited. Pradeep Metals Ltd. R D Forge Pvt., Ltd.
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Period to be reviewed
Rolex Fittings India Pvt. Ltd. Rollwell Forge Pvt. Ltd. Safewater Lines (I) Pvt. Ltd. Saini Flange Pvt. Ltd. SAR Transport Systems. Shilpan Steelcast Pvt. Ltd. SHREE JAY JAGDAMBA FLANGES PRIVATE LIMITED. Shree Jay Jagdamba Flanges Pvt. Ltd. Teamglobal Logistics Pvt. Ltd. Technical Products Corporation. Technocraft Industries India Ltd. Transworld Global. VEEYES Engineering Pvt. Ltd. Vishal Shipping Agencies Pvt. Ltd. Yusen Logistics (India) Pvt. Ltd. REPUBLIC OF KOREA: Certain Hot-Rolled Steel Flat Products, C–580–884 ...... 1/1/18–12/31/18 DCE Inc. Dong Chuel America Inc. Dong Chuel Industrial Co., Ltd. Dongbu Incheon Steel Co., Ltd. Dongbu Steel Co., Ltd. Dongkuk Industries Co., Ltd. Dongkuk Steel Mill Co., Ltd. Hyewon Sni Corporation (H.S.I.). Hyundai Steel Company’ 10. JFE Shoji Trade Korea Ltd. POSCO. POSCO Coated & Color Steel Co., Ltd. POSCO Daewoo Corporation. Soon Hong Trading Co., Ltd. Sung-A Steel Co., Ltd. TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, C–489–825 ...... 1/1/18–12/31/18 Cag Celik Demir ve Celik Endustri A.S.8 Noksel Celik Boru Sanayi A.S.9 Suspension Agreements RUSSIA: Uranium, A–821–802 ...... 10/1/18–9/30/19
Duty Absorption Reviews sunset review), Commerce, if requested administrative protective orders in During any administrative review by a domestic interested party within 30 accordance with the procedures covering all or part of a period falling days of the date of publication of the outlined in Commerce’s regulations at between the first and second or third notice of initiation of the review, will 19 CFR 351.305. Those procedures and fourth anniversary of the determine whether AD duties have been apply to administrative reviews publication of an AD order under 19 absorbed by an exporter or producer included in this notice of initiation. CFR 351.211 or a determination under subject to the review if the subject Parties wishing to participate in any of 19 CFR 351.218(f)(4) to continue an merchandise is sold in the United States these administrative reviews should order or suspended investigation (after through an importer that is affiliated ensure that they meet the requirements with such exporter or producer. The of these procedures (e.g., the filing of 5 Commerce misspelled the name of this company request must include the name(s) of the separate letters of appearance as in the initiation notice that published on November exporter or producer for which the discussed at 19 CFR 351.103(d)). 12, 2019 (84 FR 61011). inquiry is requested. 6 Commerce misspelled the name of this company Factual Information Requirements in the initiation notice that published on November Gap Period Liquidation Commerce’s regulations identify five 12, 2019 (84 FR 61011). categories of factual information in 19 7 In the initiation notice that published on For the first administrative review of November 12, 2019 (84 FR 61011), Commerce failed any order, there will be no assessment CFR 351.102(b)(21), which are to specify that subject merchandise both produced of antidumping or countervailing duties summarized as follows: (i) Evidence and exported by Ozdemir Boru Profil San. ve Tic. on entries of subject merchandise submitted in response to questionnaires; Ltd Sti. (Ozdemir) is excluded from the (ii) evidence submitted in support of antidumping duty order. See Heavy Walled entered, or withdrawn from warehouse, Rectangular Welded Carbon Steel Pipes and Tubes for consumption during the relevant allegations; (iii) publicly available from the Republic of Korea, Mexico, and the ‘‘gap’’ period of the order (i.e., the information to value factors under 19 Republic of Turkey: Antidumping Duty Orders, 81 period following the expiry of CFR 351.408(c) or to measure the FR 62865 (September 13, 2016)at 62866. Thus, adequacy of remuneration under 19 CFR Ozdemir’s inclusion in this administrative review is provisional measures and before limited to entries for which Ozdemir was not both definitive measures were put into 351.511(a)(2); (iv) evidence placed on the exporter and producer of the subject place), if such a gap period is applicable the record by Commerce; and (v) merchandise. to the POR. evidence other than factual information 8 Commerce misspelled the name of this company described in (i)–(iv). These regulations in the initiation notice that published on November Administrative Protective Orders and require any party, when submitting 12, 2019 (84 FR 61011). Letters of Appearance 9 Commerce misspelled the name of this company factual information, to specify under in the initiation notice that published on November Interested parties must submit which subsection of 19 CFR 12, 2019 (84 FR 61011). applications for disclosure under 351.102(b)(21) the information is being
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submitted and, if the information is considered untimely for submissions Background submitted to rebut, clarify, or correct which are due from multiple parties On December 19, 2014, Commerce factual information already on the simultaneously. In such a case, and the Government of Mexico (GOM) record, to provide an explanation Commerce will inform parties in the signed the Agreement Suspending the identifying the information already on letter or memorandum setting forth the Countervailing Duty Investigation on the record that the factual information deadline (including a specified time) by Sugar from Mexico (CVD Agreement).1 seeks to rebut, clarify, or correct. The which extension requests must be filed Subsequent to this date, between June regulations, at 19 CFR 351.301, also to be considered timely. This policy also 2016 and June 2017, Commerce and the provide specific time limits for such requires that an extension request must GOM held consultations to address factual submissions based on the type of be made in a separate, stand-alone concerns raised by the domestic factual information being submitted. submission, and clarifies the 10 industry and to ensure that the CVD Please review the Final Rule, available circumstances under which Commerce Agreement met all of the statutory at http://enforcement.trade.gov/frn/ will grant untimely-filed requests for the requirements for a suspension 2013/1304frn/2013-08227.txt, prior to extension of time limits. Please review agreement, e.g., that suspension of the submitting factual information in this the Final Rule, available at http:// investigation was in the public interest, segment. www.gpo.gov/fdsys/pkg/FR-2013-09-20/ including the availability of supplies of Any party submitting factual html/2013-22853.htm, prior to sugar in the U.S. market, and that information in an AD or CVD submitting factual information in these effective monitoring was practicable. proceeding must certify to the accuracy segments. The consultations resulted in Commerce and completeness of that information These initiations and this notice are and the GOM signing the amendment to using the formats provided at the end of in accordance with section 751(a) of the 11 the CVD Agreement on June 30, 2017, the Final Rule. Commerce intends to Act (19 U.S.C. 1675(a)) and 19 CFR reject factual submissions in any and it was subsequently published in 351.221(c)(1)(i). 2 proceeding segments if the submitting the Federal Register. CSC Sugar LLC (CSC Sugar) party does not comply with applicable Dated: December 5, 2019. challenged Commerce’s determination certification requirements. James Maeder, Deputy Assistant Secretary for Antidumping to amend the CVD Agreement by Extension of Time Limits Regulation and Countervailing Duty Operations. contending that Commerce did not meet Parties may request an extension of [FR Doc. 2019–26671 Filed 12–10–19; 8:45 am] its obligation to file a complete administrative record.3 Specifically, time limits before a time limit BILLING CODE 3510–DS–P established under Part 351 expires, or as CSC Sugar argued that Commerce failed otherwise specified by Commerce.12 In to memorialize and include in the general, an extension request will be DEPARTMENT OF COMMERCE record ex parte communications considered untimely if it is filed after between Commerce officials and the time limit established under Part International Trade Administration interested parties (including the 351 expires. For submissions which are domestic sugar industry and due from multiple parties [C–201–846] representatives of Mexico), as required simultaneously, an extension request by section 777(a)(3) of the Tariff Act of will be considered untimely if it is filed Sugar From Mexico: Notice of 1930, as amended (the Act).4 after 10:00 a.m. on the due date. Termination of Amendment to the The CIT agreed with CSC Sugar and Examples include, but are not limited Agreement Suspending the ordered Commerce to supplement the to: (1) Case and rebuttal briefs, filed Countervailing Duty Investigation administrative record with any ex parte pursuant to 19 CFR 351.309; (2) factual communications regarding the CVD 5 information to value factors under 19 AGENCY: Enforcement and Compliance, Amendment. CSC Sugar subsequently CFR 351.408(c), or to measure the International Trade Administration, filed a motion for judgment on the adequacy of remuneration under 19 CFR Department of Commerce. agency record arguing that Commerce’s 351.511(a)(2), filed pursuant to 19 CFR SUMMARY: On October 18, 2019, the failure, during the consultations period, 351.301(c)(3) and rebuttal, clarification United States Court of International to maintain contemporaneous ex parte and correction filed pursuant to 19 CFR Trade (CIT) issued a final judgment in communication memoranda, in 351.301(c)(3)(iv); (3) comments CSC Sugar LLC v. United States, Ct. No. accordance with section 777(a)(3) of the concerning the selection of a surrogate 17–00214, Slip Op. 19–131 (CIT October Act, could not be adequately remedied country and surrogate values and 18, 2019) (CSC Sugar II), vacating the by Commerce’s delayed and incomplete 6 rebuttal; (4) comments concerning CBP 2017 amendment to the Agreement supplementation of the record. data; and (5) Q&V questionnaires. Under Suspending the Countervailing Duty The CIT found that Commerce’s certain circumstances, Commerce may Investigation on Sugar from Mexico. failure to follow the recordkeeping Commerce is now terminating the requirements of Section 777 of the Act elect to specify a different time limit by 7 which extension requests will be amendment consistent with the Court’s cannot be described as ‘‘harmless.’’ order. 1 See Sugar From Mexico: Suspension of 10 See Certification of Factual Information To DATES: Applicable December 7, 2019. Countervailing Duty Investigation, 79 FR 78044 Import Administration During Antidumping and (December 29, 2014) (CVD Agreement). Countervailing Duty Proceedings, 78 FR 42678 (July FOR FURTHER INFORMATION CONTACT: 2 17, 2013) (Final Rule); see also the frequently asked See Sugar From Mexico: Amendment to the Sally C. Gannon, Bilateral Agreements Agreement Suspending the Countervailing Duty questions regarding the Final Rule, available at Unit, Office of Policy and Negotiations, http://enforcement.trade.gov/tlei/notices/factual_ Investigation, 82 FR 31942 (July 11, 2017) (CVD info_final_rule_FAQ_07172013.pdf. Enforcement and Compliance, Amendment). 3 11 See section 782(b) of the Act; see also Final International Trade Administration, See CSC Sugar II at 4. Rule; and the frequently asked questions regarding U.S. Department of Commerce, 1401 4 Id. the Final Rule, available at http:// Constitution Avenue NW, Washington, 5 Id. (citing CSC Sugar LLC v. United States, 317 enforcement.trade.gov/tlei/notices/factual_info_ F. Supp. 3d 1322, 1326 (CIT 2018)). final_rule_FAQ_07172013.pdf. DC 20230; telephone: (202) 482–0162. 6 See CSC Sugar II at 4. 12 See 19 CFR 351.302. SUPPLEMENTARY INFORMATION: 7 Id. at 11–12.
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The CIT found that this recordkeeping ADDRESSES: Send questions about this The regulations implementing the failure substantially prejudiced CSC notice to Elaine Saiz, Chief, Financial program are located at § 600.1012. Sugar.8 On that basis, the CIT stated that Services Division, National Marine NMFS published a final rule to the CVD Amendment must be vacated.9 Fisheries Service, 1315 East-West implement a second $2,700,000 Highway, Silver Spring, MD 20910– Termination of CVD Amendment reduction loan (B Loan) for this fishery 3282. in the Federal Register on September Consistent with the CIT’s ruling in 24, 2012 (77 FR 58775). The loan was FOR FURTHER INFORMATION CONTACT: CSC Sugar II, Commerce is terminating Elaine Saiz, (301) 427–8752. disbursed December 18, 2012 with fee the CVD Amendment prospectively.10 collection of $0.001 per pound to begin Accordingly, as of December 7, 2019, SUPPLEMENTARY INFORMATION: January 1, 2013. This fee is in addition 11 the unamended CVD Agreement is in I. Background to the A Loan fee. force and effective, and the CVD Amendment has no force or effect. Sections 312(b)–(e) of the Magnuson- II. Purpose Dated: December 6, 2019. Stevens Fishery Conservation and The purpose of this notice is to adjust Management Act (16 U.S.C. 1861 et seq.) Jeffrey I. Kessler, the fee rate for the reduction fishery in generally authorizes fishing capacity accordance with the framework rule’s Assistant Secretary for Enforcement and reduction programs. In particular, Compliance. § 600.1013(b). Section 600.1013(b) section 312(d) authorizes industry fee [FR Doc. 2019–26801 Filed 12–10–19; 8:45 am] directs NMFS to recalculate the fee rate systems for repaying reduction loans that will be reasonably necessary to BILLING CODE 3510–DS–P which finance reduction program costs. ensure reduction loan repayment within Subpart L of 50 CFR part 600 is the the specified 30 year term. DEPARTMENT OF COMMERCE framework rule generally implementing NMFS has determined for the section 312(b)–(e). Sections 1111 and reduction fishery that the current fee National Oceanic and Atmospheric 1112 of the Merchant Marine Act, 1936 rate of $0.017 per pound is less than Administration (46 App. U.S.C. 1279f and 1279g) that needed to service the A Loan. generally authorize reduction loans. Therefore, NMFS is increasing the Loan RTID 0648–XV141 Enacted on December 8, 2004, section A fee rate to $0.021 per pound which 219, Title II, of FY 2005 Appropriations NMFS has determined is sufficient to Fishing Capacity Reduction Program Act, Public Law 104–447 (Act) ensure timely loan repayment. The fee for the Longline Catcher Processor authorizes a fishing capacity reduction rate for Loan B will remain $0.001 per Subsector of the Bering Sea and program implementing capacity pound. Aleutian Islands Non Pollock reduction plans submitted to NMFS by Subsector members may continue to Groundfish Fishery catcher processor subsectors of the use Pay.gov to disburse collected fee Bering Sea and Aleutian Islands deposits at: AGENCY: National Marine Fisheries (‘‘BSAI’’) non-pollock groundfish http://www.pay.gov/paygov/. Service (NMFS), National Oceanic and fishery (‘‘reduction fishery’’) as set forth Please visit the NMFS website for Atmospheric Administration, in the Act. Commerce. additional information at: https:// The longline catcher processor www.fisheries.noaa.gov/national/ ACTION: Notice of fee rate adjustment. subsector (the ‘‘Longline Subsector’’) is funding-and-financial-services/longline- among the catcher processor subsectors catcher-processor-subsector-bering-sea- SUMMARY: NMFS issues this notice to eligible to submit to NMFS a capacity and-aleutian-islands-non-pollock. inform the public that there will be an reduction plan under the terms of the increase of the fee rate required to repay Act. The longline subsector non-pollock III. Notice the $35,000,000 reduction loan groundfish reduction program’s financing the non-pollock groundfish The new fee rate for the non-pollock objective was to reduce the number of Groundfish fishery will begin on fishing capacity reduction program. vessels and permits endorsed for Effective January 1, 2020, NMFS is January 1, 2020. longline subsector of the non-pollock From and after this date, all subsector increasing the Loan A fee rate to $0.021 groundfish fishery. All post-reduction per pound to ensure timely loan members paying fees on the non-pollock fish landings from the reduction fishery groundfish fishery shall begin paying repayment. The fee rate for Loan B will are subject to the longline subsector remain unchanged at $0.001 per pound. non-pollock groundfish fishery program non-pollock groundfish program’s fee. fees at the revised rate. DATES: The non-pollock groundfish NMFS proposed the implementing Fee collection and submission shall program fee rate increase will begin notice on August 11, 2006 (71 FR with landings on January 1, 2020. The follow previously established methods 46364), and published the final notice in § 600.1013 of the framework rule and first due date for fee payments with the on September 29, 2006 (71 FR 57696). increased rate will be February 15, 2020. in the final fee rule published in the NMFS allocated the $35,000,000 Federal Register on September 24, 2007 reduction loan (A Loan) to the reduction (72 FR 54219). 8 Id. at 12. fishery and this loan is repayable by fees 9 Id. from the fishery. Authority: 16 U.S.C. 1861 et seq.; Pub. L. 10 108–447. Commerce is terminating the CVD Amendment, On September 24, 2007, NMFS effective December 7, 2019. Because suspension of Dated: December 5, 2019. liquidation does not occur while the CVD published in the Federal Register (72 Agreement is in force, termination of the CVD FR 54219), the final rule to implement Brian T. Pawlak, Amendment shall be prospective in effect. the industry fee system for repaying the Chief Financial Officer/Chief Administrative Accordingly, the CVD Agreement, as signed on non-pollock groundfish program’s Officer, Director, Office of Management and December 19, 2014, applies to all contracts for sugar Budget, National Marine Fisheries Service. from Mexico exported from Mexico on or after reduction loan and established October December 7, 2019. 24, 2007, as the effective date when fee [FR Doc. 2019–26633 Filed 12–10–19; 8:45 am] 11 See CVD Agreement. collection and loan repayment began. BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE endangered and threatened species (50 determine sex. Lethal sampling of CFR parts 222–226). sturgeon eggs and larvae using artificial National Oceanic and Atmospheric File No. 22671–01: Permit No. 22671 substrates would occur to verify Administration was issued on March 12, 2019 (83 FR spawning incidence. Tissue samples [RTID 0648–XR072] 61375), authorizing the U.S. Geological would be exported to Canada for DNA Survey (USGS), Conte Anadromous Fish virus analysis. Incidental mortality of Endangered Species; File Nos. 22671– Research Laboratory, 1 Migratory Way, up to one adult/sub-adult and one 01, 23096, and 23200 Turners Falls, MA 01376 (Responsible juvenile Atlantic sturgeon may occur Party: Adria Elskus), to take shortnose annually in the Savannah, Ogeechee, AGENCY: National Marine Fisheries sturgeon in the Connecticut River. Altamaha, and Satilla Rivers; and up to Service (NMFS), National Oceanic and Researchers are currently permitted to one adult/sub-adult and one juvenile Atmospheric Administration (NOAA), capture adult, sub-adult and juvenile shortnose sturgeon may occur annually Commerce. shortnose sturgeon using gill nets or in the Savannah, Ogeechee, and ACTION: Notice; receipt of applications trawls (i.e., trawling is conducted Altamaha Rivers. The permit would be for permits and a permit modification. between Turner Falls Dam and Holyoke valid for up to 10 years from the date Dam), measure, weigh, tag, tissue of issuance. SUMMARY: Notice is hereby given that sample, determine gender via File No. 23200: The University of three applicants have applied in due boroscopy, photograph, and North Carolina, Wilmington, 601 South form for a permit to take Atlantic prophylactically treat prior to release. A College Road, Wilmington, NC 28403 (Acipenser oxyrinchus) and shortnose subset of sturgeon may be anesthetized (Responsible Party: Frederick Scharf), (Acipenser brevirostrum) sturgeon for and implanted with acoustic tags requests a permit to conduct scientific purposes of scientific research. (internal or external) for tracking. Lethal research on adult, sub-adult, and DATES: Written, telefaxed, or email sampling of early life stages (eggs and juvenile Atlantic and shortnose sturgeon comments must be received on or before larvae) may occur using D-nets. The to determine their abundance, January 10, 2020. Permit Holder is also authorized to distribution, habitat use, and migration ADDRESSES: The applications and conduct scientific research and dynamics in the coastal rivers and related documents are available for enhancement activities on captive, non- estuaries of North Carolina basins (Cape review by selecting ‘‘Records Open for releasable shortnose sturgeon. Fear, Neuse, Tar/Pamlico, Roanoke/ Public Comment’’ from the ‘‘Features’’ The permit holder requests additional Chowan). Atlantic and shortnose box on the Applications and Permits for authorization for blood sampling to sturgeon would be captured using gill Protected Species (APPS) home page, evaluate stress levels experienced by the nets, trammel nets, or trawls, measured, https://apps.nmfs.noaa.gov, and then upstream-migrant shortnose sturgeon in weighed, tagged (PIT, Floy), biologically selecting the applicable File No. from upstream passage through the Holyoke sampled (tissue), and photographed/ the list of available applications. fish elevator. Blood samples from videoed. A subset of Atlantic sturgeon These documents are also available treatment animals would be collected at would be anesthetized and receive an upon written request or by appointment the height of the fish passage elevator internal acoustic tag. The permit would in the Permits and Conservation and also from control animals below the be valid for up to 5 years from the date Division, Office of Protected Resources, dam prior to entering the lift. of issuance. Additionally, the permit holder requests NMFS, 1315 East-West Highway, Room Dated: December 6, 2019. 13705, Silver Spring, MD 20910; phone: trawling gear to be authorized for capturing shortnose sturgeon in the Amy Sloan, (301) 427–8401; fax: (301) 713–0376. Acting Chief, Permits and Conservation Written comments on these Connecticut River between Turner Falls Dam (MA) and Bellows Falls Dam (VT). Division, Office of Protected Resources, applications should be submitted to the National Marine Fisheries Service. The permit would expire on March 31, Chief, Permits and Conservation [FR Doc. 2019–26666 Filed 12–10–19; 8:45 am] Division, at the address listed above. 2029. File No. 23096: The University of BILLING CODE 3510–22–P Comments may also be submitted by Georgia, Warnell School of Forestry and facsimile to (301) 713–0376, or by email Natural Resources, 180 E Green Street, to [email protected]. Athens, GA 30602 (Responsible Party: DEPARTMENT OF COMMERCE Please include the File No. in the Dale Greene) requests a permit to subject line of the email comment. National Oceanic and Atmospheric conduct scientific research on Atlantic Administration Those individuals requesting a public and shortnose sturgeon to determine the hearing should submit a written request presence, status, health, population [RTID 0648–XW016] to the Chief, Permits and Conservation dynamics, and movements of Atlantic Division at the address listed above. The and shortnose sturgeon in the coastal Magnuson-Stevens Act Provisions; request should set forth the specific river basins and estuaries of Georgia and Fisheries Off West Coast States; reasons why a hearing on the Northeast Florida (Savannah, Ogeechee, Pacific Coast Groundfish Fishery; application would be appropriate. Altamaha, Satilla, and St. Marys (GA) Trawl Rationalization Program; 2020 FOR FURTHER INFORMATION CONTACT: and St. Johns/Nassau (FL)). Atlantic and Cost Recovery Malcolm Mohead (for File Nos. 22671– shortnose sturgeon would be captured AGENCY: National Marine Fisheries 01 and 23096) or Erin Markin (for File using gill nets and/or trammel nets. Service (NMFS), National Oceanic and No. 23200), (301) 427–8401. Juvenile, sub-adult, and adult sturgeon Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The would be PIT tagged, tissue sampled (fin Commerce. subject permits and permit modification clip), measured, weighed, and ACTION: Notice, 2020 cost recovery fee are requested under the authority of the photographed. A subset of individual percentages and Mothership Co-op (MS) Endangered Species Act of 1973, as animals may be anesthetized, internally Program pricing. amended (ESA; 16 U.S.C. 1531 et seq.) or externally acoustically tagged, and the regulations governing the biologically sampled (fin ray, blood, SUMMARY: This action provides taking, importing, and exporting of gonads), and undergo endoscopy to participants in the Pacific Coast
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Groundfish Trawl Rationalization respectively. The details of cost Shorebased IFQ Program, NMFS used Program with the 2020 fee percentages recovery for the Groundfish Trawl the ex-vessel value for calendar year and MS pricing needed to calculate the Rationalization Program are in 2018 as reported in Pacific Fisheries required payments for the cost recovery regulation at 50 CFR 660.115 (Trawl Information Network (PacFIN) from fees due in 2020. For calendar year fishery-cost recovery program), shorebased IFQ electronic fish tickets as 2020, NMFS announces the following § 660.140 (Shorebased IFQ Program), this was the most recent complete set of fee percentages by sector specific § 660.150 (MS Co-op Program), and data. For the MS Co-op Program and the program: 3.00 percent for the § 660.160 (CP Co-op Program). CP Co-op Program, NMFS uses the Shorebased Individual Fishing Quota By December 31 of each year, NMFS average price of Pacific whiting as (IFQ) Program; 0.29 percent for the MS must announce the next year’s fee reported in PacFIN from the shorebased Co-op Program; and 0.08 percent for the percentages and the applicable MS IFQ sector in 2018 and the retained Catcher/Processor Co-op (CP) Program. pricing for the CP Co-op Program. catch estimates (weight) from the For 2020, the MS pricing to be used as NMFS calculated the 2020 fee observer data, as reported in the North a proxy by the CP Co-op Program is: percentages by sector using the best Pacific Observer Program database. $0.08/lb for Pacific whiting. available information. For 2020, the fee NMFS does not collect pricing data for DATES: Applicable January 1, 2020. percentages by program, taking into these two sectors so it uses the FOR FURTHER INFORMATION CONTACT: account the adjusted direct program shorebased IFQ sector data as a proxy. costs (DPCs), are: Christopher Biegel, Cost Recovery • Program Coordinator, (503) 231–6291, 3.00 percent for the Shorebased IFQ Redetermination of Past DPCs and fax (503) 872–2737, email Program, Adjustment of DPCs • 0.29 percent for the MS Co-op [email protected]. Program, and On August 10, 2016, the U.S. Court of SUPPLEMENTARY INFORMATION: The • 0.08 percent for the CP Co-op Appeals for the Ninth Circuit issued its Magnuson-Stevens Fishery Program. opinion in Glacier Fish Co. LLC v. Conservation and Management Act To calculate the fee percentages, Pritzker, 832 F.3d 1113 (9th Cir. 2016), (MSA) requires NMFS to collect fees to NMFS used the formula specified in a case involving a challenge to NMFS’ recover the costs directly related to the regulation at § 660.115(b)(1), where the authority to collect cost recovery fees management, data collection and fee percentage by sector equals the from members of the CP Co-op Program analysis, and enforcement directly lower of three percent or DPC for that and the reasonableness of NMFS’ related to and in support of a limited sector divided by total ex-vessel value calculation of the CP Co-op Program’s access privilege program (LAPP) (16 (V) for that sector multiplied by 100 2014 fee percentage. In response to the U.S.C. 1854(d)(2)), also called ‘‘cost (Fee percentage = the lower of 3 percent court decision, NMFS re-evaluated and recovery.’’ The Pacific Coast Groundfish or (DPC/V) × 100). modified the methodology used to Trawl Rationalization Program is a ‘‘DPC,’’ as defined in the regulations determine the CP Co-op Program’s DPC LAPP, implemented in 2011, and at § 660.115(b)(1)(i), are the actual for the 2014 fee calculation. NMFS consists of three sector-specific incremental costs for the previous fiscal elected to apply a similar revised programs: The Shorebased IFQ Program, year directly related to the management, methodology for all programs for 2014– the MS Co-op Program, and the CP Co- data collection and analysis, and 2016 to redetermine the DPC for those op Program. In accordance with the enforcement of each program years and to continue to use the revised MSA, and based on a recommended (Shorebased IFQ Program, MS Co-op methodology for all programs going structure and methodology developed in Program, and CP Co-op Program). forward, including the 2017–2020 fee coordination with the Pacific Fishery Actual incremental costs means those calculations. Management Council (Council), NMFS net costs that would not have been began collecting mandatory fees of up to incurred but for the implementation of The redetermination resulted in three percent of the ex-vessel value of the Groundfish Trawl Rationalization overpayments of the cost recovery fee by groundfish from each program Program, including both increased costs the CP and MS Co-op Programs. NMFS (Shorebased IFQ Program, MS Co-op for new requirements of the program has continued to adjust the fees for Program, and CP Co-op Program) in and reduced costs resulting from any these two sectors in subsequent years to 2014. NMFS collects the fees to recover program efficiencies. account for this overpayment, as the incremental costs of management, ‘‘V’’, as specified at § 660.115(b)(1)(ii), specified at § 660.115(b)(1)(i). This data collection and analysis, and is the total ex-vessel value, as defined at adjustment is reflected in the table enforcement of the Groundfish Trawl § 660.111, for each sector from the below. Rationalization Program. Additional previous calendar year. The regulations Based on the estimated fees received background can be found in the cost define ex-vessel value slightly in 2019 and adjustments for recovery proposed and final rules, 78 FR differently for each sector, thus NMFS overpayments by the CP and MS Co-op 7371 (February 1, 2013) and 78 FR uses slightly different methods to Programs, the adjusted DPCs for 2020 75268 (December 11, 2013), calculate ‘‘V’’ for each sector. For the are:
2018 Fee Total by sector adjustment Final sector totals
IFQ ...... $1,807,568.15 $0.00 $1,807,568.15 MS ...... 107,161.38 ¥73,928.46 33,232.92 CP ...... 85,435.73 ¥69,385.25 16,050.48
The fee calculations using the IFQ Program: • 3.00 percent = the lower of 3 adjusted 2019 DPCs are described percent or ($1,807,568.15/ below. $54,795,365.00) × 100.
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MS Co-op Program: program (IFQ, MS, or CP) are listed Atmospheric Administration (NOAA), • 0.29 percent = the lower of 3 below: Commerce. percent or ($33,232.92/$11,562,542.83) IFQ: https://www.pay.gov/public/form/ ACTION: Notice; issuance of permits and × 100. start/58062865 permit modifications. CP Co-op Program: MS: https://www.pay.gov/public/form/ • 0.08 percent = the lower of 3 start/58378422 SUMMARY: Notice is hereby given that percent or ($16,050.48/$20,307,972.13) CP: https://www.pay.gov/public/form/ permits or permit amendments have × 100. start/58102817 been issued to the following entities MS pricing is the average price per As stated in the preamble to the cost under the Marine Mammal Protection pound that the CP Co-op Program will recovery proposed and final rules, in the Act (MMPA) and the Endangered use to determine their fee amount due spring of each year, NMFS will release Species Act (ESA), as applicable. (MS pricing multiplied by the value of an annual report documenting the details and data used for the above the Pacific whiting harvested by the ADDRESSES: The permits and related calculations. The report includes vessel registered to a CP-endorsed documents are available for review information such as the fee percentage limited entry trawl permit, multiplied upon written request or by appointment by the CP fee percentage, equals the fee calculation, program costs, and ex- vessel value by sector. Annual reports in the Permits and Conservation amount due). MS pricing is based on the Division, Office of Protected Resources, average price per pound of Pacific are available at: http:// www.westcoast.fisheries.noaa.gov/ NMFS, 1315 East-West Highway, Room whiting as reported in PacFIN from the fisheries/groundfish_catch_shares/ 13705, Silver Spring, MD 20910; phone: shorebased IFQ sector. In other words, rules_regulations/costrecovery.html. (301) 427–8401; fax: (301) 713–0376. data from the IFQ fishery was used as a proxy for the MS average price per Authority: 16 U.S.C. 1801 et seq., 16 FOR FURTHER INFORMATION CONTACT: pound to determine the MS pricing used U.S.C.773 et seq., and 16 U.S.C. 7001 et seq. Amy Hapeman (Permit Nos. 22835 and in the calculation for the CP Co-op Dated: December 5, 2019. 23095), Jennifer Skidmore (Permit Nos. Program’s fee amount due. NMFS has Jennifer M. Wallace, 20610–02, 22435, and 23092), and calculated the 2020 MS pricing to be Acting Director, Office of Sustainable Carrie Hubard (Permit No. 23043); at used as a proxy by the CP Co-op Fisheries, National Marine Fisheries Service. (301) 427–8401. Program as: $0.08/lb for Pacific whiting. [FR Doc. 2019–26618 Filed 12–10–19; 8:45 am] SUPPLEMENTARY INFORMATION: Notices Cost recovery fees are submitted to BILLING CODE 3510–22–P were published in the Federal Register NMFS by fish buyers via Pay.gov (https://www.pay.gov/paygov/). Fees are on the dates listed below that requests only accepted in Pay.gov by credit/debit DEPARTMENT OF COMMERCE for a permit or permit amendment had card or bank transfers. Cash or checks been submitted by the below-named cannot be accepted. Fish buyers National Oceanic and Atmospheric applicants. To locate the Federal registered with Pay.gov can login in the Administration Register notice that announced our upper left-hand corner of the screen. receipt of the application and a Marine Mammals and Endangered complete description of the research, go Fish buyers not registered with Pay.gov Species can go to the cost recovery forms to www.federalregister.gov and search directly from the website below. The AGENCY: National Marine Fisheries on the permit number provided in the links to the Pay.gov forms for each Service (NMFS), National Oceanic and table below.
Previous Federal Permit or amendment Permit No. RIN Applicant Register notice issuance date
20610–02 ...... 0648–XF801 David Portnoy, Ph.D., Texas A&M University, Cor- 84 FR 50018; September November 15, 2019. pus Christi, TX 78412. 24, 2019. 22435 ...... 0648–XR017 Northwest Fisheries Science Center, Marine Foren- 84 FR 36054; July 26, November 15, 2019. sic Laboratory (Responsible Party: Kevin Wer- 2019. ner, Ph.D.), 2725 Montlake Blvd East, Seattle, WA 98112. 22835 ...... 0648–XR003 Scripps Institute of Oceanography (Responsible 84 FR 31846; July 3, November 1, 2019. Party: John Hildebrand, Ph.D.), University of 2019. California San Diego, 9500 Gilman Drive, La Jolla, CA 92093. 23043 ...... 0648–XR051 Devon Massyn, Natural History Unit, 2118 Manhat- 84 FR 52073; October 1, November 25, 2019. tan Beach Blvd, Unit B, Redondo Beach, CA 2019. 90278. 23092 ...... 0648–PR–A004 C. Scott Baker, Ph.D., Oregon State University, 84 FR 49098; September November 5, 2019. Marine Mammal Institute, Hatfield Marine 18, 2019. Science Center, 2030 SE Marine Science Drive, Newport, OR 97365. 23095 ...... 0648–XR033 Ari Friedlaender, Ph.D., University of California at 84 FR 39811; August 12, November 13, 2019. Santa Cruz, 115 McAllister Way, Santa Cruz, CA 2019. 95060.
In compliance with the National determination has been made that the prepare an environmental assessment or Environmental Policy Act of 1969 (42 activities proposed are categorically environmental impact statement. U.S.C. 4321 et seq.), a final excluded from the requirement to As required by the ESA, as applicable, issuance of these permit was based on
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a finding that such permits: (1) Were I. Background determined that the current fee rate of applied for in good faith; (2) will not Sections 312(b) through (e) of the 4.0 percent for the groundfish fishery is operate to the disadvantage of such Magnuson-Stevens Fishery projected to collect more than the endangered species; and (3) are Conservation and Management Act (16 annual amortization amount needed for consistent with the purposes and U.S.C. 1861a (b) through (e)) generally 2020. Therefore, NMFS is decreasing the policies set forth in Section 2 of the authorizes fishing capacity reduction fee rate to 3.5 percent for all landings ESA. programs. In particular, section 312(d) beginning January 1, 2020. Authority: The requested permits authorizes industry fee systems for Fish buyers may continue to disburse have been issued under the Marine repaying reduction loans that finance Mammal Protection Act of 1972, as collected fee deposits to NMFS by using reduction programs. Subpart L of 50 www.pay.gov (http://www.pay.gov) or amended (16 U.S.C. 1361 et seq.), the CFR part 600 is the framework rule regulations governing the taking and by mailing payments to our lockbox. generally implementing section 312(b) Our lockbox’s address is: NOAA importing of marine mammals (50 CFR through (e). Sections 1111 and 1112 of part 216), the Endangered Species Act of Fisheries Pacific Coast Groundfish the Merchant Marine Act, 1936 (46 App. Buyback, P.O. Box 979059, St. Louis, 1973, as amended (ESA; 16 U.S.C. 1531 U.S.C. 1279f and 1279g) generally MO 63197–9000. Fish buyers must et seq.), and the regulations governing authorizes reduction loans. include the fee collection report with the taking, importing, and exporting of Enacted on February 20, 2003, section endangered and threatened species (50 212 of Division B, Title II, of Public Law the fee payment. Fish buyers using CFR parts 222–226), as applicable. 108–7 (section 212) specifically www.pay.gov (http://www.pay.gov) will Dated: December 5, 2019. authorizes a fishing capacity reduction find an electronic fee collection report Amy Sloan, program for that portion of the limited form. Fish buyers not using Acting Chief, Permits and Conservation entry trawl fishery under the Pacific www.pay.gov (http://www.pay.gov) may Division, Office of Protected Resources, Coast Groundfish Fishery Management also access the NMFS website for a copy National Marine Fisheries Service. Plan whose permits, excluding those of the fee collection report at: https:// [FR Doc. 2019–26619 Filed 12–10–19; 8:45 am] registered to whiting catcher-processors, www.fisheries.noaa.gov/national/ BILLING CODE 3510–22–P are endorsed for trawl gear operation funding-and-financial-services/pacific- (reduction fishery). coast-groundfish-buyback. The reduction program’s objective III. Notice DEPARTMENT OF COMMERCE was to reduce the number of vessels and permits endorsed for the operation of The new 3.5 percent fee rate for the National Oceanic and Atmospheric groundfish trawl gear. The program also groundfish fishery will begin for all Administration involved corollary fishing capacity landings starting January 1, 2020. From reduction in the California, Oregon, and [RTID 0648–XV139] and after this date, all groundfish Washington fisheries for Dungeness crab program fish sellers paying fees shall Fishing Capacity Reduction Program and pink shrimp and the sub-loans for begin paying groundfish program fees at these state fisheries have all been for the Pacific Coast Groundfish the revised rate. From and after this repaid. Fishery date, all fees received by NMFS for the NMFS proposed the implementing AGENCY: National Marine Fisheries notice on May 28, 2003 (68 FR 31653) groundfish fishery shall be subject to the Service (NMFS), National Oceanic and and published the final notice on July new fee rates regardless of the Atmospheric Administration, 18, 2003 (68 FR 42613). NMFS allocated applicable fee month. The first due date Commerce. a $28,428,719 reduction loan to the for fee payments with the decreased rate ACTION: Notice of fee rate adjustment. groundfish fishery. The allocation will be February 14, 2020. became a reduction loan repayable by Fee collection and submission shall SUMMARY: NMFS issues this notice to fees from the groundfish fishery. follow previously established methods decrease the fee rate to 3.5 percent for NMFS published in the Federal in § 600.1013 of the framework rule and the Pacific Coast Groundfish fee-share Register on July 13, 2005 (70 FR 40225), in the final fee rule published in the fishery to repay the $28,428,718.88 the final rule to implement the industry Federal Register on July 13, 2005 (70 FR Groundfish sub-loan of the $35,662,471 fee system for repaying the program’s 40225). reduction loan that financed the Pacific reduction loan. The regulations Coast Groundfish fishing capacity implementing the program are located at Authority: The authority for this action is reduction program. § 600.1012 of 50 CFR part 600’s subpart Pub. L. 107 206, Pub. L. 108 7, 16 U.S.C. 1861a (b) through (e), and 50 CFR 600.1000 DATES: The fee rate decrease for the M. On August 8, 2005, NMFS published et seq. Pacific Coast Groundfish fishery will in the Federal Register (70 FR 45695) a begin on landings starting on January 1, notice of the fee effective date and Dated: December 5, 2019. 2020. The first due date for fee established September 8, 2005 as the Brian T. Pawlak, payments with the decreased rate will effective date when fee collection and Chief Financial Officer/Chief Administrative be February 14, 2020. loan repayment began. Officer, Director, Office of Management and ADDRESSES: Send questions about this II. Purpose Budget, National Marine Fisheries Service. notice to Elaine Saiz, Chief, Financial [FR Doc. 2019–26630 Filed 12–10–19; 8:45 am] The purpose of this notice is to adjust, Services Division, National Marine BILLING CODE 3510–22–P Fisheries Service, 1315 East-West in accordance with the framework rule’s Highway, Silver Spring, MD 20910– § 600.1013(b), the fee rate for the 3282. groundfish fishery. Section 600.1013(b) directs NMFS to recalculate the fee rate FOR FURTHER INFORMATION CONTACT: that will be reasonably necessary to Elaine Saiz, (301) 427–8752. ensure reduction loan repayment within SUPPLEMENTARY INFORMATION: the specified 30-year term. NMFS has
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COMMODITY FUTURES TRADING of information they conduct or sponsor. Commission, including whether the COMMISSION ‘‘Collection of Information’’ is defined information will have a practical use; in 44 U.S.C. 3502(3) and 5 CFR 1320.3 • The accuracy of the Commission’s Agency Information Collection and includes agency requests or estimate of the burden of the proposed Activities: Notice of Intent To Renew requirements that members of the public collection of information, including the Collection Number 3038–0055, Privacy submit reports, keep records, or provide validity of the methodology and of Consumer Financial Information information to a third party. Section assumptions used; AGENCY: Commodity Futures Trading 3506(c)(2)(A) of the PRA, 44 U.S.C. • Ways to enhance the quality, Commission. 3506(c)(2)(A), requires Federal agencies usefulness, and clarity of the to provide a 60-day notice in the ACTION: Notice. information to be collected; and Federal Register concerning each • Ways to minimize the burden of SUMMARY: The Commodity Futures proposed collection of information, collection of information on those who Trading Commission (‘‘CFTC’’ or including each proposed extension of an are to respond, including through the ‘‘Commission’’) is announcing an existing collection of information, use of appropriate automated electronic, opportunity for public comment on the before submitting the collection to OMB mechanical, or other technological proposed renewal of a collection of for approval. To comply with this collection techniques or other forms of certain information by the agency. requirement, the CFTC is publishing information technology; e.g., permitting Under the Paperwork Reduction Act notice of the proposed collection of electronic submission of responses. (‘‘PRA’’), Federal agencies are required information listed below. You should submit only information to publish notice in the Federal Register Title: Privacy of Consumer Financial that you wish to make available concerning each proposed collection of Information (OMB Control No. 3038– publicly. If you wish the Commission to information, including each proposed 0055). This is a request for an extension consider information that you believe is extension of an existing collection of of a currently approved information exempt from disclosure under the information, and to allow 60 days for collection. Freedom of Information Act, a petition Abstract: Section 124 of the public comment. This notice solicits for confidential treatment of the exempt Commodity Futures Modernization Act comments on the collections of information may be submitted according of 2000 2 amended the Commodity information mandated by the to the procedures established in § 145.9 Exchange Act (the ‘‘Act’’) and added a Commission’s regulations involving of the Commission’s regulations.5 Privacy of Consumer Financial new Section 5g 3 to the Act to (i) add that futures commission merchants, The Commission reserves the right, Information Under Title V of the but shall have no obligation, to review, Gramm-Leach-Bliley Act. commodity trading advisors, commodity pool operators, and introducing brokers pre-screen, filter, redact, refuse or DATES: Comments must be submitted on remove any or all of your submission or before February 10, 2020. that are subject to CFTC jurisdiction with respect to any financial activity from http://www.cftc.gov that it may ADDRESSES: You may submit comments, deem to be inappropriate for identified by ‘‘Privacy of Consumer shall be treated as a financial institution for purposes of Title V, Subtitle A of the publication, such as obscene language. Financial Information,’’ and OMB All submissions that have been redacted Control No. 3038–0055 by any of the Gramm-Leach-Bliley Act (‘‘GLB Act’’), (ii) treat the Commission as a Federal or removed that contain comments on following methods: the merits of the information collection • functional regulator for purposes of The Agency’s website, at http:// request will be retained in the public comments.cftc.gov/. Follow the applying the provisions of the GLB Act, and (iii) direct the Commission to comment file and will be considered as instructions for submitting comments required under the Administrative through the website. prescribe regulations under Title V of • the GLB Act. The Commission adopted Procedure Act and other applicable Mail: Christopher Kirkpatrick, laws, and may be accessible under the Secretary of the Commission, regulations for these entities under part 160 and later extended them to retail Freedom of Information Act. Commodity Futures Trading Burden Statement: The respondent Commission, Three Lafayette Centre, foreign exchange dealers, swap dealers, and major swap participants.4 Part 160 burden for this collection is estimated to 1155 21st Street NW, Washington, DC be as follows: 20581. requires those subject to the regulations, • Hand Delivery/Courier: Same as among other things, to provide privacy Estimated Number of Respondents: Mail above. and opt out notices to customers and to 2,789. Please submit your comments using adopt appropriate policies and Estimated Average Burden Hours per only one method. All comments must be procedures to safeguard customer Respondent: 3.0. submitted in English, or if not, records and information. Estimated Total Annual Burden accompanied by an English translation. With respect to the collection of Hours: 8,458. Comments will be posted as received to information, the CFTC invites Frequency of Collection: As http://www.cftc.gov. comments on: applicable. • FOR FURTHER INFORMATION CONTACT: Whether the proposed collection of There are no capital costs or operating Jacob Chachkin, Special Counsel, information is necessary for the proper and maintenance costs associated with Division of Swap Dealer and performance of the functions of the this collection. Intermediary Oversight, Commodity Authority: 44 U.S.C. 3501 et seq. Futures Trading Commission, (202) 2 Section 124, Appendix E of Public Law 106– 554, 114 Stat. 2763 (2000). Dated: December 5, 2019. 418–5496, email: [email protected]. 3 7 U.S.C. 7b–2. Robert Sidman, SUPPLEMENTARY INFORMATION: Under the 4 17 CFR part 160. See Privacy of Customer PRA,1 Federal agencies must obtain Information, 66 FR 21235 (April 27, 2001); Deputy Secretary of the Commission. approval from the Office of Management Regulation of Off-Exchange Retail Foreign Exchange [FR Doc. 2019–26637 Filed 12–10–19; 8:45 am] Transactions and Intermediaries, 75 FR 55409 BILLING CODE 6351–01–P and Budget (‘‘OMB’’) for each collection (Sept. 10, 2010); and Privacy of Consumer Financial Information; Conforming Amendments Under 1 44 U.S.C. 3501 et seq. Dodd-Frank Act, 76 FR 43874 (July 22, 2011). 5 17 CFR 145.9.
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BUREAU OF CONSUMER FINANCIAL published its first special edition of their consumer report directly to PROTECTION Supervisory Highlights dedicated to furnishers (‘‘direct disputes’’) or consumer reporting issues.3 This special indirectly through CRCs (‘‘indirect Supervisory Highlights Consumer edition of Supervisory Highlights disputes’’). When furnishers receive Reporting Special Edition, Issue 20 reports on more recent supervisory direct or indirect disputes, they are (Fall 2019) findings in this area. required to investigate the disputes to Recent supervisory reviews of verify the accuracy of the information AGENCY: Bureau of Consumer Financial compliance with the FCRA and furnished.5 A timely and responsive Protection. Regulation V have identified new reply to a consumer dispute may reduce ACTION: Supervisory highlights. violations and compliance management the impact inaccurate negative SUMMARY: The Bureau of Consumer system (CMS) weaknesses at institutions information in a consumer report may Financial Protection (Bureau) is issuing within the CFPB’s supervisory have on the consumer. The FCRA and its twentieth edition of its Supervisory authority. These institutions include Regulation V set forth requirements for CRCs that are larger participants in the furnishers concerning both accuracy Highlights. In this special issue of 4 Supervisory Highlights, we report consumer reporting market as well as and dispute handling. To ensure examination findings in the areas of furnishers subject to the Bureau’s compliance with these requirements, consumer reporting and furnishing of supervisory authority. These furnishers Supervision regularly conducts reviews information to consumer reporting include banks, mortgage servicers, auto at furnishers subject to its supervisory companies, pursuant to the Fair Credit loan servicers, student loan servicers, authority. and debt collectors. In recent supervisory reviews, Reporting Act and Regulation V. The The information contained in examiners found CMS weaknesses and report does not impose any new or Supervisory Highlights is disseminated violations of the FCRA and Regulation different legal requirements, and all to communicate the Bureau’s V. In such cases, the furnisher(s) have violations described in the report are supervisory expectations to CRCs and taken or are taking corrective action. based only on those specific facts and furnishers that those institutions circumstances noted during those comply with the applicable provisions 2.1 Reasonable, Written Policies and examinations. of the FCRA and Regulation V. This Procedures DATES: The Bureau released this edition document does not impose any new or Regulation V requires furnishers to of the Supervisory Highlights on its different legal requirements. In addition, establish and implement reasonable website on December 9, 2019. the legal violations described in this and written policies and procedures FOR FURTHER INFORMATION CONTACT: previous issues of Supervisory regarding the accuracy and integrity of David Wake, Senior Counsel, Office of Highlights are based on the particular the information relating to consumers Supervision Policy, at (202) 435–9613. If facts and circumstances reviewed by the that they provide to CRCs.6 Such you require this document in an Bureau as part of its examinations. A policies and procedures must be alternative electronic format, please conclusion that a legal violation exists appropriate to the nature, size, contact [email protected]. on the facts and circumstances complexity, and scope of each 7 SUPPLEMENTARY INFORMATION: described here may not lead to such a furnisher’s activities. Furnishers must finding under different facts and consider and incorporate, as 1. Introduction circumstances. appropriate, the guidelines of appendix The Consumer Financial Protection We invite readers with questions or E to Regulation V when developing their Bureau (CFPB or Bureau) is committed comments about the findings and legal policies and procedures.8 In a previous to a consumer financial marketplace analysis reported in Supervisory issue of Supervisory Highlights, we _ that is free, innovative, competitive, and Highlights to contact us at CFPB described supervisory findings of transparent, where the rights of all [email protected]. furnishers that violated these requirements.9 In recent supervisory parties are protected by the rule of law, 2. Supervisory Observations at reviews, we have identified further and where consumers are free to choose Furnishers the products and services that best fit violations of the Regulation V Furnishers of information play a their individual needs. To effectively requirement for reasonable written crucial role in the accuracy and integrity accomplish this, the Bureau remains policies and procedures. In the section of consumer reports when they provide committed to sharing with the public below, we have highlighted key findings information to CRCs. Inaccurate key findings from its supervisory work according to the products for which information from furnishers can lead to to help industry limit risks to information is being furnished, in inaccurate reports and consumer and consumers and comply with Federal keeping with the Regulation V market harm. For example, inaccurate consumer financial law. requirement that the procedures be The findings included in this report information on a consumer report can ‘‘appropriate to the nature, size, cover examinations in the areas of impact a consumer’s ability to obtain complexity, and scope of the furnisher’s consumer reporting and furnishing of credit or open a new deposit or savings activities.’’ account at a bank. Moreover, furnishers information to consumer reporting 2.1.1 Mortgage Furnishers companies (CRCs),1 pursuant to the Fair have an important role in the dispute In one or more reviews of furnishers Credit Reporting Act (FCRA) and process when consumers dispute the of mortgage loans, examiners found that Regulation V.2 In March 2017, the CFPB accuracy of information in their consumer reports. Consumers may the furnishers’ policies and procedures 1 The term ‘‘consumer reporting company’’ means dispute information that appears on 5 the same as ‘‘consumer reporting agency,’’ as 15 U.S.C. 1681s–2(a)(8), 15 U.S.C. 1681s–2(b); defined in the Fair Credit Reporting Act, 15 U.S.C. 3 CFPB, Supervisory Highlights (Winter 2017), 12 CFR 1022.43. 1681a(f), including nationwide consumer reporting available at https://files.consumerfinance.gov/f/ 6 12 CFR 1022.42(a). agencies as defined in 15 U.S.C. 1681a(p) and documents/201703_cfpb_Supervisory-Highlights- 7 Id. nationwide specialty consumer reporting agencies Consumer-Reporting-Special-Edition.pdf. 8 12 CFR 1022.42(b). as defined in 15 U.S.C. 1681a(x). 4 Larger participants in the consumer reporting 9 CFPB, Supervisory Highlights, Winter 2017, at 2 15 U.S.C. 1681 et seq. and 12 CFR part 1022. market are defined in 12 CFR 1090.104. 13–17 (March 2017).
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were not appropriate to the nature, size, accounts. Following these findings, one information. Additionally, one or more complexity, and scope of the furnisher’s or more furnishers are developing and furnishers improved procedures activities. For example, one or more implementing reasonable policies and governing when to delete, update, and furnishers maintained general FCRA- procedures covering the steps necessary correct information in its records to related policies and procedures that did to conduct reasonable and timely avoid furnishing inaccurate information not provide sufficient guidance for investigations of disputes, as that term to specialty CRAs. One such new responding to disputes in a timely is defined in Regulation V. procedure required the furnisher to manner or reporting credit reporting conduct a root-cause analysis of dispute 2.1.4 Deposit Account Furnishers changes in furnished accounts when the results to ensure that when dispute status of such accounts had changed. As Examiners found that one or more investigations identify systemic errors, a result of these findings, one or more furnishers of deposit account the furnisher corrects furnished data furnishers are developing and information to specialty CRCs had no about other accounts that were also implementing reasonable furnishing written policies or procedures for affected by similar errors. procedures governing the accurate furnishing such information to specialty 2.2 Prohibition of Reporting reporting of accounts designed to ensure CRCs. In response to this finding, one or Information With Actual Knowledge of the timely update of information to more deposit account furnishers are Errors reflect the current status of consumer developing and implementing accounts. reasonable written policies and The FCRA prohibits furnishers from procedures regarding furnishing to furnishing any information relating to a 2.1.2 Auto Loan Furnishers specialty deposit CRCs. consumer to any CRC if the furnisher In one or more reviews of furnishers Examiners also found that one or ‘‘knows or has reasonable cause to of auto loans, examiners found that the more deposit account furnishers did not believe that the information is furnishers’ policies and procedures did have reasonable written policies and inaccurate.’’ 10 However, a furnisher is not provide sufficient guidance for procedures regarding deposit account not subject to this prohibition if it conducting reasonable investigations of information. For example, policies and ‘‘clearly and conspicuously specifies to indirect disputes that contain procedures did not require that the the consumer an address’’ at which allegations of identity theft. For furnishers validate the data furnished to consumers can send notices that example, the furnishers’ policies and specialty deposit CRCs, causing the specific information reported by the procedures did not specify that agents furnisher to inaccurately furnish furnisher is inaccurate.11 CFPB investigating disputes alleging identity consumers’ account status information examiners found that one or more theft should review internal records of to one or more specialty CRCs. One or furnishers furnished information they fraud investigations before completing more deposit account furnishers are knew or had reasonable cause to believe dispute investigations and responding evaluating the effectiveness of existing was inaccurate. One or more furnishers to CRCs. As a result of these findings, policies and procedures regarding the reported thousands of accounts to one one or more furnishers are developing accuracy and integrity of information or more CRCs with inaccurate and implementing policies and furnished to nationwide specialty CRCs derogatory status codes. The accounts procedures with respect to identity theft and develop new written policies where were furnished inaccurately because of disputes to ensure the furnisher appropriate. coding errors. The furnishers had conducts its investigation, including reasonable cause to believe the 2.1.5 Improvements in Furnishing review of internal records, prior to information was inaccurate because Policies and Procedures responding to the CRC. consumers filed disputes with one or In follow-up reviews at furnishers more CRCs identifying the errors, and 2.1.3 Debt Collection Furnishers previously examined, examiners found those disputes were forwarded to the In one or more reviews of debt that one or more furnishers had made furnishers for investigation. The collection furnishers, examiners found significant improvements in furnishing furnishers, in investigating the disputes, that the furnishers’ policies and policies and procedures. For example, failed to conduct root-cause analysis procedures did not differentiate one or more furnishers updated their that would have identified the issue as between FCRA disputes, FDCPA policies and procedures to incorporate a systemic source of inaccuracy. disputes, or validation requests. In this specific requirements to ensure dispute Further, the furnishers did not clearly regard, the furnishers categorized and investigation agents conduct reasonable and conspicuously specify to consumers handled direct FCRA disputes, FDCPA dispute investigations and document an address at which consumers could disputes, and validation requests the their work. Revised dispute send notices that furnished information same way and without consideration for investigation procedures include an was inaccurate. The furnishers provided the applicable regulatory requirements. extensive list of internal systems and an address to consumers for direct Furthermore, the policies and sources that dispute agents must disputes, but that address was provided procedures did not address the research when investigating a dispute. on the last page of lengthy consumer regulatory timeframes for conducting Updated procedures also dictate that the disclosures under a heading of reasonable investigations of disputes, or furnisher retains dispute investigation ‘‘Additional Information and Use for reporting the results of the documentation and records, including Disclosures’’ that followed topics such investigations to the consumers or to imaged screenshots, for a minimum of as ‘‘General Terms,’’ ‘‘Arbitration,’’ and CRCs, as appropriate. Instead, the seven years. ‘‘Privacy Notice.’’ Examiners concluded policies and procedures provided In another example of improved that these notices did not qualify as general instructions on how to indicate furnishing policies and procedures, ‘‘clear and conspicuous.’’ After that accounts are disputed and how to examiners found that one or more discovery of these inaccuracies, one or label dispute-related correspondence deposit furnishers documented more furnishers implemented a program from consumers. The policies and improved quality monitoring fix for the inaccurate coding issue and procedures did not contain any procedures to impose enhanced substantive instructions on how to sampling and oversight procedures 10 15 U.S.C. 1681s–2(a)(1)(A). conduct investigations of disputed regarding furnished deposits 11 15 U.S.C. 1681s–2(a)(1)(C).
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conducted a review of all furnished In response to these findings, one or of first delinquency reported by the accounts to identify and correct the more furnishers are updating account furnisher ‘‘shall be the month and year furnishing of all affected consumers. information with the relevant CRCs for of the commencement of the all impacted accounts and enhancing delinquency on the account that 2.3 Duty To Correct and Update furnishing procedures. immediately preceded the action.’’ 15 Information In one or more follow up deposit In one or more reviews, furnishers If a furnisher who ‘‘regularly and in account furnisher reviews to address the reported the incorrect date of first the ordinary course of business furnishers’ prior failure to update and delinquency. For example, one or more furnishes information to one or more correct information when consumers furnishers of auto loans furnished the [CRCs] about the person’s transactions paid-in-full or settled-in-full, examiners date of repossession of the collateral or experiences with any consumer’’ has found one or more deposit account vehicle, rather than the date of first furnished to a CRC information that the furnishers had improved furnishing delinquency. The date of repossession at furnisher determines is not complete or activities to address the failure to this furnisher was several months after accurate, it shall promptly notify the correct and update information required the date of first missed payment. CRC of that determination and provide by the FCRA. To address this violation to the CRC any corrections to that and the matters requiring attention from 2.5 Obligations Upon Notice of information, or any additional the prior exam, one or more furnishers Dispute information, that is necessary to make of deposit account information took Pursuant to the FCRA and Regulation the information provided to the CRC several actions, including: V, consumers can file disputes complete and accurate, and shall not D System changes that included the concerning the accuracy of information thereafter furnish to the CRC any of the creation of coding processes to contained in a consumer report with the information that remains not complete automated systems to identify CRCs as well as directly with the or accurate.12 consumers who paid in-full, and where furnisher of that information.16 Whether The CFPB has identified violations of appropriate, notification to CRCs of the filed directly with the furnisher or this provision in one or more recent corrected status of affected consumers; indirectly through a CRC, the furnisher furnisher reviews. For example, in one D Notification to CRCs of the correct must conduct a reasonable investigation or more reviews of auto loan furnishers, status of paid-in-full and settled-in-full of the dispute.17 Further, for direct examiners found that the furnishers consumer accounts; disputes, the furnisher must complete failed to provide prompt notifications to D Improved tracking of paid-in-full its investigation of the dispute and CRCs of their determinations that and settled-in-full consumers and the respond to the consumer before the information they had previously establishment of a trigger to update the expiration of the time period under furnished was inaccurate because the CRCs once final payment is made section 611(a)(1) of the FCRA.18 Finally, furnishers had found that the loans had without requiring consumer to notify if the furnisher determines that a direct been opened as a result of identity theft. the furnisher; dispute is frivolous or irrelevant, it must In such cases, the furnishers recorded D Enhanced policies and procedures provide notice of that determination to the results of their investigations and new policies and procedures to the consumer.19 internally, but failed to make the adhere to the requirements of the FCRA corrections necessary to make the and Regulation V, including 2.5.1 Duty To Conduct Reasonable furnished information accurate. In modification of standards for reporting Investigation of Dispute response to these findings, one or more fraud or account abuse and use of For disputes filed directly with auto furnishers are developing and appropriate closure codes; and furnishers, Regulation V requires implementing policies and procedures D Improved dispute monitoring and furnishers to conduct a reasonable to ensure that they promptly notify tracking, as well as analysis of disputes investigation with respect to the CRCs and/or correct information to improve the accuracy and integrity of disputed information and review all furnished, as appropriate, if they find information furnished to CRCs. relevant information provided by the that information they had previously One or more deposit account consumer with the dispute notice.20 furnished is inaccurate. furnishers adequately addressed the Examiners found one or more furnishers As another example, in one or more matters requiring attention from the violated these provisions when the reviews of deposit account furnishers, prior exam(s) and properly notified furnishers failed to investigate disputes examiners found that the furnishers CRCs of the correct status of all paid in submitted by consumers. At one or more failed to promptly correct and update full and settled in full accounts. furnishers, backlogs of thousands of deposit account information reported to 2.4 Duty To Provide Notice of direct disputes accumulated in nationwide specialty CRCs that the Delinquency of Accounts document processing queues and were furnishers determined was not complete not investigated or responded to at all. The date of first delinquency is or accurate. Examiners identified When the furnishers discovered the several situations where the furnishers important for CRCs, creditors, and failed to promptly update or correct consumers because it determines when charged to profit or loss, or subjected to similar information. These situations included information on a consumer report action. when consumers’ charged-off balances becomes obsolete and may no longer be 15 Id. had been discharged in bankruptcy, and reported.13 The FCRA requires 16 Disputes filed with CRCs are governed by 15 furnishers of information regarding U.S.C. 1681i and 1681s–2(b). Disputes filed directly when consumers paid their charged-off with the furnisher are governed by 15 U.S.C. 1681s– balances in full. In both situations, the delinquent accounts to report the date of 2(a)(8) as implemented by Regulation V, 12 CFR furnishers updated their systems of delinquency to the CRC within 90 1022.43. record to indicate that the status of the days.14 The FCRA specifies that the date 17 15 U.S.C. 1681s–2(b)(1)(A) (indirect disputes); accounts had changed but failed to 12 CFR 1022.43(e)(1) (direct disputes). 18 update and correct the information 13 15 U.S.C. 1681c(a)–(b). Information may be 15 U.S.C. 1681s–2(a)(8)(E)(iii). See also 15 reported if certain exceptions specified in the U.S.C. 1681i(a)(1). furnished to CRCs about these accounts. statute apply. 19 15 U.S.C. 1681s–2(a)(F)(ii); 12 CFR 14 15 U.S.C. 1681s–2(a)(5)(A). This provision 1022.43(f)(2). 12 15 U.S.C. 1681s–2(a)(2)(B). applies to accounts being placed for collection, 20 12 CFR 1022.43(e)(1–2).
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backlogs, the furnishers responded to required, which is generally 30 days but when the furnisher determined that the the disputes pursuant to methodologies can be extended up to 45 days in consumers’ disputes were frivolous or that broadly categorized the backlogged limited circumstances.23 irrelevant when the furnisher believed account correspondence, which resulted One or more furnishers failed to the disputes were from credit repair in the furnishers failing to undertake complete dispute investigations within organizations. When agents for one or individual investigation of the disputes this timeframe, resulting in delayed more furnishers determined that in the backlogs. notice to consumers of dispute results as disputes were sent by a credit repair For indirect disputes filed with CRCs, well as delayed deletion of agency, the disputes would be discarded the FCRA requires that, upon receiving delinquencies from consumers’ credit as frivolous. Although these disputes notice of the dispute from the CRC, the reports. In one or more examinations, were considered frivolous, no furnisher must conduct an investigation examiners found system design flaws— frivolousness notices were sent to with respect to the disputed information including coding errors and poor work consumers. and review all relevant information stream management that resulted in a Examiners also found one or more provided by the CRC.21 The standard for backlog of complaints that were not furnishers failed to send frivolousness investigation of indirect disputes is, like investigated or responded to in a timely notices for consumer disputes when direct disputes, that the furnisher’s manner. At one or more furnishers, they believed the disputes were the investigation must be reasonable.22 examiners also identified inadequate same as another previously submitted Examiners found one or more furnishers control policies, poor resource dispute by or on behalf of consumers violated these provisions when the allocation, and weak oversight that led that had already been investigated and furnishers responded to CRC notices of to the results of dispute investigations addressed. Although one or more disputes without verifying the accuracy not being sent to consumers. In response furnishers had a policy stating that of the disputed information but instead to these findings, one or more furnishers consumers must be notified within five with instructions to the CRC that the are updating policies and procedures, days of determining that the dispute is consumer should contact the furnisher improving staff training, and frivolous, one or more furnishers failed directly and that the disputed implementing software enhancements. to provide such notifications to information should not be deleted. In consumers. 2.5.3 Duty To Notify Consumer of response to these findings, one or more In addition to requiring that the Determination That Dispute Is Frivolous furnishers are developing dispute furnisher send frivolousness notices, handling policies and procedures to or Irrelevant Regulation V also requires furnishers to ensure the investigation of disputes is in When consumers file disputes include the reasons for determinations accordance with the requirements of the directly with a furnisher, Regulation V that disputes are frivolous and identify FCRA. allows the furnisher to decline to any information required to investigate In another example, one or more investigate the dispute if the furnisher the disputed information.28 Examiners furnishers failed to conduct reasonable has ‘‘reasonably determined that the found that one or more furnishers failed investigations of indirect disputes dispute is frivolous or irrelevant.’’ 24 A to consistently send frivolousness where the disputes alleged identity dispute qualifies as ‘‘frivolous or notices and failed to communicate the theft. The furnishers responded to such irrelevant’’ if (i) the consumer did not reasons for such determinations to the disputes and verified the disputed provide sufficient information to consumers. Instead, one or more information as accurate without investigate the disputed information, (ii) furnishers simply provided consumers reviewing their own system records as the consumer’s dispute is substantially with letters stating that there would be part of the investigation. Had the the same as a dispute previously no further correspondence unless the furnishers reviewed their own records, submitted by the consumer, and the consumers provided new information. examiners found, they would have seen furnisher has already investigated the The letters did not include the reason that some of the disputed accounts dispute and responded as required, or for the frivolousness determination and were, in fact, the result of identity theft. (iii) an exception applies to the dispute did not identify information required to In response to these findings, one or investigation requirement.25 If a investigate the disputed information as more furnishers are developing and furnisher determines that the dispute is required by Regulation V. In response to implementing policies and procedures frivolous or irrelevant, the furnisher these findings, one or more furnishers with respect to indirect identity theft must provide notice to consumers of its updated, documented and implemented disputes to ensure that the furnishers determination (‘‘frivolousness policies and procedures to ensure they conduct their investigation of the notices’’).26 Furnishers must notify the respond to all disputes, including those dispute, including a review of internal consumers of such determinations no determined to be frivolous, to ensure records, prior to responding to the CRC. later than five business days after the compliance with legal requirements. furnishers made the determination by 2.5.2 Duty To Complete Dispute 3. Supervisory Observations at mail or, if authorized by the consumer Investigations Timely Consumer Reporting Companies for that purpose, by any other means After receiving a dispute notice from available to the furnisher.27 Participants in the larger participant a consumer, a furnisher is required Examiners found that one or more market for consumer reporting include under Regulation V to complete a furnishers failed to provide nationwide consumer reporting reasonable investigation and report the frivolousness notices to consumers companies as well as some consumer results of the investigation to the report resellers and specialty consumer consumer within the timeframe 23 15 U.S.C. 1681s–2(a)(8)(E)(iii); 12 CFR reporting companies.29 Recent 1022.42(e)(3). See also 15 U.S.C. 1681i(a)(1). 21 15 U.S.C. 1681s–2(b)(1)(A)–(B). 24 15 U.S.C. 1681s–2(a)(8)(F); 12 CFR 28 15 U.S.C. 1681s–2(a)(8)(F)(iii); 12 CFR 22 See, e.g., Johnson v. MBNA Am. Bank, 357 F.3d 1022.43(f)(1). 1022.43(f)(3). 426, 430–31 (4th Cir. 2004) (holding that the 25 15 U.S.C. 1681s–2(a)(8)(F)(i); 12 CFR 29 The term ‘‘consumer reporting company’’ furnisher, after receiving notice of a consumer 1022.43(f)(1)(i)–(iii). means the same as ‘‘consumer reporting agency,’’ as dispute, must conduct a reasonable investigation to 26 15 U.S.C. 1681s–2(a)(8)(F)(ii); 12 CFR defined in the Fair Credit Reporting Act, 15 U.S.C. determine whether the disputed information can be 1022.43(f)(2). 1681a(f), including nationwide consumer reporting verified). 27 Id. agencies as defined in 15 U.S.C. 1681a(p) and
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supervisory reviews of CRCs have validation testing procedure without a Further, the FCRA requires CRCs to evaluated compliance with FCRA valid basis. The CRCs had implemented maintain reasonable procedures provisions regarding the CRC’s an accuracy procedure under which the designed to limit the furnishing of procedures to ensure maximum possible CRCs validated the data reported by consumer reports to users with a accuracy of information, as well as direct furnishers on an annual basis. permissible purpose.35 provisions regarding permissible However, the CRCs’ procedure Supervision conducted one or more purpose, restriction of information exempted from this validation reviews of CRCs to evaluate the entities’ resulting from identity theft, and procedure smaller direct furnishers that permissible purpose procedures. In dispute investigation obligations.30 contributed low volume of data. these reviews, examiners found that one Examiners identified violations and Further, the CRCs procedure also or more CRCs have procedures to verify weaknesses in procedures associated exempted all indirect furnishers, who the identity and permissible purposes of with these FCRA provisions. contributed data to the CRCs through a new prospective users, which one or As a result of these reviews, CRCs reseller. Examiners concluded that the more CRCs refer to as ‘‘credentialing.’’ have continued to make improvements exemption of these low-volume direct Further, examiners found that one or to procedures regarding the accuracy of furnishers and indirect furnishers posed more CRCs have procedures to monitor information contained in consumer an unreasonable risk of producing errors that users have a permissible purpose reports. CRCs have also improved in consumer reports. In response to when users obtain consumer reports. procedures to monitor users to help these findings, one or more CRCs are However, examiners also found CMS ensure that consumer reports are not conducting data validation testing on all weaknesses in one or more CRCs’ furnished to users when the CRC has direct and indirect furnishers, without permissible purpose procedures. For reasonable grounds for believing the exceptions, and will be reporting the example, one or more CRCs lacked user lacks a permissible purpose. CRCs results of such testing to the CFPB. procedures to conduct proactive re- have also implemented improvements Examiners also found that one or credentialing reviews of its users. Under in procedures to block information that more nationwide specialty CRCs failed such a re-credentialing review, the CRCs a consumer has identified as resulting to follow reasonable procedures to review existing users to confirm that the from an alleged identity theft and assure maximum possible accuracy by user continues to have a permissible reasonably to investigate and respond to failing to properly process files purpose to use and obtain consumer disputes from consumers regarding the furnished to the CRCs by certain reports. Examiners found that the CRCs accuracy or completeness of information furnishers. The CRCs failed to fully had procedures to conduct re- in consumer files. The following process incoming data files from credentialing reviews of users only sections discuss the observations in multiple data furnishers on several when users notified the CRCs of a these areas at CRCs and the occasions. The files that were not change in ownership, name, status, or improvements made by these entities properly processed resulted in the nature of business or if the CRCs’ following these reviews. inclusion of inaccurate, derogatory monitoring identified a specific information in consumer reports. 3.1 Reasonable Procedures To Assure potential permissible purpose violation Further, for a period of more than 12 Maximum Possible Accuracy by a user. The CRCs did not, however, months, the CRCs failed to receive any have a procedure to review the The FCRA states that ‘‘Inaccurate data from one or more furnishers credentialing of users based on the credit reports directly impair the because the furnishers had applied an length of time since the user was efficiency of the banking system. . .’’ incorrect technology parameter, previously reviewed. As a result of these and that CRCs ‘‘have assumed a vital preventing the furnishers’ data files findings, one or more CRCs are role in assembling and evaluating from reaching the CRCs. This failure to implementing proactive re-credentialing consumer credit and other information receive updated data resulted in policies and procedures that consider on consumers.’’ 31 In recognition of this inaccurate, derogatory information factors such as the time since a user was core concern with accuracy in consumer being included in consumer reports. last credentialed for permissible reports, the FCRA requires that, Subsequent to the discovery of these ‘‘[w]henever a consumer reporting purpose. errors, one or more CRCs have Examiners also found CMS agency prepares a consumer report it implemented data monitoring weaknesses in the monitoring shall follow reasonable procedures to procedures that are designed to notify procedures at one or more CRCs assure maximum possible accuracy of furnishers of such data processing regarding permissible purpose. For the information concerning the errors. example, one or more CRCs failed to individual about whom the report relates.’’ 32 3.2 Duty To Limit the Furnishing of monitor users or resellers that requested Examiners found that one or more Consumer Reports to Permissible the CRCs delete large numbers of hard nationwide specialty CRCs failed to Purposes inquiry records from consumer reports. follow reasonable procedures to assure When users obtain consumer reports The FCRA states that ‘‘there is a need from CRCs, the CRCs document that maximum possible accuracy by to insure that consumer reporting exempting certain furnishers from a data event by entering an inquiry record in agencies exercise their grave the relevant consumer’s file. Depending responsibilities with fairness, nationwide specialty consumer reporting agencies on the user’s permissible purpose, the impartiality, and a respect for the inquiry may be visible for up to a year as defined in 15 U.S.C. 1681a(x). The term consumer’s right to privacy.’’ 33 The ‘‘reseller’’ is defined in 15 U.S.C. 1681a(u). to other users/creditors that obtain the 30 FCRA obligations regarding accuracy FCRA protects consumers’ privacy, in consumer’s report as well as being procedures are detailed at 15 U.S.C. 1681e(b); the part, by stating that CRCs may furnish visible to the consumer; or instead it permissible purpose provisions are detailed at 15 consumer reports only to persons who may be visible only to the consumer.36 U.S.C. 1681b and 15 U.S.C. 1681e(a); the ID theft have a permissible purpose to use or block provisions are detailed at 15 U.S.C. 1681c– 34 2; and the dispute process requirements applicable obtain the information in the report. 35 15 U.S.C. 1681e(a). to CRCs are detailed at 15 U.S.C. 1681i. 36 The CRC must disclose to the consumer the 31 15 U.S.C. 1681(a)(1)–(3). 33 15 U.S.C. 1681(a)(4). identity of all users who obtained that consumer’s 32 15 U.S.C. 1681e(b). 34 15 U.S.C. 1681b(a). Continued
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When a record of an inquiry is visible promptly of the determination in consumers, and failure of resellers to to other creditors, it is known as a ‘‘hard writing or, if authorized by the convey notice of disputes to CRCs that inquiry’’ and when it is visible only to consumer for that purpose, by any other provided the disputed information. the consumer, it is known as a ‘‘soft means available to the CRC.40 3.4.1 Duty To Conduct a Reasonable inquiry.’’ One or more CRCs have Examiners found that one or more Reinvestigation procedures that allow users to request nationwide specialty CRCs violated the that the CRCs delete hard inquiries from requirements of this provision of the The FCRA requires that when a consumer reports, usually by converting FCRA. When consumers submitted an consumer disputes the completeness or them into soft inquiries. Users may identity theft block request with all accuracy of an item of information in request such deletions to protect required underlying documentation, the their file, the CRC must ‘‘conduct a consumers who may be victims of CRCs forwarded the information to reasonable reinvestigation to determine identity theft. For example, if a furnishers and relied on the furnishers’ whether the disputed information is consumer notifies a creditor that an response without making an inaccurate and record the current status account was opened in his or her name independent determination, even in of the disputed information, or delete due to fraud or identity theft, the cases where the furnisher stated no the item from the file....’’42 creditor may, in addition to closing the block should be applied. Therefore, Examiners found that one or more account, contact the CRCs and request examiners concluded that the CRCs did CRCs systematically violated this that the CRCs delete the hard inquiry not reasonably determine to decline the requirement by failing to initiate from the consumers’ credit report. But block and on what basis, as required by investigations after notice of the users may also ask that inquiries be the statute. Following this finding, one dispute. When the CRCs received deleted because the user did not have a or more nationwide specialty CRCs are disputes related to identity theft or permissible purpose to obtain the changing procedures to the identity- fraud via telephone, they instructed report. Examiners found that one or theft block provisions of the FCRA. consumers to submit the dispute in more CRCs had no procedure for These changes include adopting new writing and did not initiate monitoring the users who requested policies and procedures that require that investigations until the consumer such deletions at higher rates than the CRCs block the identified resubmitted in written form. Examiners usual, which may be a risk indicator information within four business days concluded that the FCRA does not that a user is obtaining consumer of receiving a valid identity theft report. permit a CRC to decline to investigate reports without any permissible Revised procedures also included that disputes in this manner. According to purpose. As a result of these findings, for any identity theft block request that the FCRA, the CRC must conduct a one or more CRCs are enhancing the CRCs declines or rescinded, the dispute investigation when it receives permissible purpose monitoring systems CRCs includes documentation of the notice of the dispute information. As a to include user inquiry change or rationale for denying or rescinding the result of these findings, one or more deletion request volume as a potential block to ensure that decisions can be CRCs enhanced their dispute resolution risk area for investigation of user monitored and audited for compliance process by updating policies, permissible purpose. with the FCRA. procedures, and training materials, and requiring agents to initiate 3.3 Blocking Information Resulting 3.4 Dispute Investigation investigations of all disputes received From Identity Theft Supervision has continued its focus via telephone. The FCRA requires that, unless an on reviewing CRCs’ compliance with The FCRA also requires that, in exception applies, a CRC must ‘‘block the provisions of the FCRA governing conducting its dispute investigation, the the reporting of any information in the consumer disputes. In previous issues of CRC must ‘‘review and consider all file of a consumer that the consumer Supervisory Highlights, we discussed relevant information submitted by the identifies as information that resulted findings at one or more CRCs regarding consumer . . . with respect to such from an alleged identity theft’’ provided violations of several provisions in this disputed information.’’ 43 Examiners that the consumer provides required area.41 The FCRA right to dispute found that one or more CRCs failed to information.37 The CRC is then required inaccurate information and have that review and consider all such relevant to promptly notify the furnisher of the dispute be reasonably investigated by information. The CRCs relied on the information identified by the the CRC and relevant furnisher is a key furnisher’s response in validating consumer.38 The CRC may decline to consumer protection in the statute. information from a dispute, without block the information, or may rescind a These protections recognize that independently considering the relevant block, if the CRC ‘‘reasonably consumers may identify inaccuracies in information or documentation provided determines’’ that the consumer their own reports and sets out by the consumer when that information requested the block in error, based on a procedures that CRCs must follow called into question the accuracy or material misrepresentation of the facts, before allowing such information to validity of the information provided by or the consumer obtained goods, continue to be reported. the furnishers. In response to these services, or money as a result of the In recent reviews, examiners have findings, one or more CRCs updated transaction.39 Finally, if the CRC identified new violations of several sub- procedures to more clearly describe that determines to decline to block the sections of this area of the FCRA. These agents must review all relevant information requested by the consumer, new violations include failures by CRCs information the consumer provided. the CRC must notify the consumer to conduct reasonable dispute However, in a follow-up review at one investigations, breakdowns in the or more CRCs, examiners found that report, pursuant to 15 U.S.C. 1681g(a)(3). For more required notification procedures to these revised procedures were not fully information about the differences between hard implemented, causing the CRCs to inquiries and soft inquiries, see CFPB, Key furnishers about disputes, failures of Dimensions and Processes in the U.S. Credit CRCs to provide notices of results to continue to fail to review and consider Reporting System, at 9 (Dec. 2012). all relevant information provided by 37 15 U.S.C. 1681c–2(a). 40 15 U.S.C. 1681c–2(c)(2). 38 15 U.S.C. 1681c–2(b). 41 See, e.g., CFPB, Supervisory Highlights, Winter 42 15 U.S.C. 1681i(a)(1)(A). 39 15 U.S.C. 1681c–2(c). 2017, at 9–11 (March 2017). 43 15 U.S.C. 1681i(a)(4).
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consumers in support of disputes. The information that the information has consumer identification and Bureau will continue to monitor been modified or deleted from the file certification form. In such cases, the compliance in this area. of the consumer.’’ 47 CRCs resolved the dispute and, where The FCRA generally requires that the In one or more reviews of nationwide necessary updated its records, but did CRCs’ dispute investigations must be specialty CRCs, examiners identified not send the consumer the required completed ‘‘before the end of the 30-day instances where one or more specialty notice of results. In response to these period beginning on the date on which CRCs failed to notify furnishers that findings, one or more CRCs are the agency receives the notice of dispute information from the consumer’s file developing and implementing policies from the consumer or reseller.’’ 44 had been modified or deleted after an and procedures to send consumers Examiners found that one or more CRCs investigation. In these instances, one or notifications of the results of disputes failed to complete the investigation more CRCs were informed by the even when the consumer did not within this 30-day timeframe. The CRCs furnisher that a modification or deletion provide a consumer identification and incorrectly recorded the date of disputes was necessary. One or more specialty certification form with the dispute. filed on weekends, holidays, and after- CRCs investigation agents then modified hours. These disputes were incorrectly or deleted the incorrect information but 3.4.5 Duty of Reseller To Convey recorded in systems as being filed the failed to inform the furnisher of the Notice of Dispute to the CRC That next business day. As a result of these action taken, as required by the FCRA. Provided the Reseller With the findings, one or more CRCs took action In other instances, the information was Information That Is Subject of the to correct the system logic and reassess internally resolved in the consumer’s Dispute those disputes. favor by one or more specialty CRCs but The FCRA dispute provisions provide either the CRCs did not provide the direction to resellers upon receipt of a 3.4.2 Duty To Provide Prompt Notice notice to the furnishers of the dispute from a consumer. These of Dispute to Furnisher modification or deletion, or they did not requirements include, where applicable, The FCRA requires that when a CRC provide ‘‘prompt’’ notice to the providing notice of the dispute to the receives a notice of a dispute from a furnisher required by the FCRA. As a CRC that provided the reseller with the consumer, the CRC must ‘‘provide result of these findings, one or more disputed information. ‘‘If a reseller notification of the dispute to any person specialty CRCs developed and receives a notice from a consumer of a who provided any item of information implemented dispute investigation dispute concerning the completeness or in dispute....’’45 This notice must be procedures to ensure agent provide the accuracy of any item of information provided ‘‘[b]efore the expiration of the required notice consistent with the contained in a consumer report on such 5-business-day period beginning on the requirements in the FCRA. consumer produced by the reseller, the date on which a [CRC] receives notice Additionally, examiners found that reseller shall’’ determine whether the of the dispute....’’46 one or more CRCs failed to promptly item of information is incomplete or Examiners found that one or more send furnishers notices when inaccurate as a result of an act or CRCs violated this provision of the investigations found that information omission of the reseller within five FCRA when they failed to notify was not accurate and information was business days.49 If the reseller furnishers of a consumer’s dispute changed in the consumer’s file. One or determines that the disputed within five business days of receiving a more CRCs admitted that they failed to information is not incomplete or dispute. This violation occurred in transmit approximately 2.7 million inaccurate as a result of an act or thousands of disputes over several notices over a period of approximately omission of the reseller, the reseller months. This violation was caused by two months. The cause for the failure must convey the notice of the dispute, lack of adequate staffing at the CRCs and was a programming error. This failure together with all relevant information was not detected by the CRCs’ primarily affected consumers who provided by the consumer, to each CRC compliance monitoring. As a result of submitted direct disputes to furnishers that provided the reseller with the the examination findings, the CRCs but some consumers who submitted information that is the subject of the developed and implemented dispute indirect disputes to CRCs were also dispute.50 investigation procedures to ensure affected. As a result of this finding, one Examiners found that one or more agents provide required notices to or more CRCs are fixing the resellers, after determining that furnishers and forward all relevant programming error and enhancing their disputed information was not information regarding the dispute internal monitoring to avoid future incomplete or inaccurate as a result of within the mandatory time periods. issues of this type. an act or omission of the resellers, failed to convey to the CRCs that provided the 3.4.3 Duty To Notify Furnisher That 3.4.4 Duty To Provide Consumer With information the notice of the dispute Inaccurate, Incomplete, or Unverified Written Notice of Results of together with all relevant information Information Has Been Modified or Reinvestigation provided by the consumer. In response Deleted The FCRA requires that, upon to these findings, one or more resellers When a CRC has completed its completion of the reasonable developed and implemented dispute dispute investigation, if the CRC finds reinvestigation, the CRC must provide investigation procedures designed to that any disputed information is written notice of the results to the ensure agents provide required notice of inaccurate or incomplete or unable to be consumer not later than five business disputes to CRCs that provided the verified, the FCRA requires the CRC to days after completion of the information to the reseller. ‘‘promptly notify the furnisher of that reinvestigation.48 Examiners found that In follow-up reviews, examiners one or more CRCs failed to send found that one or more resellers 44 15 U.S.C. 1681i(a)(1)(A). Note that the 30-day consumers results notices as required developed and implemented enhanced period may be extended for an additional 15 days when the consumer sent the CRCs a procedures designed to ensure that the if the CRC receives information from the consumer during the 30-day period that is relevant to the dispute that was not accompanied by a reseller(s) promptly conveyed notice of reinvestigation. 15 U.S.C. 1681i(a)(1)(B). 45 15 U.S.C. 1681i(a)(2)(A). 47 15 U.S.C. 1681i(a)(5)(A)(ii). 49 15 U.S.C. 1681i(f)(2)(A). 46 Id. 48 15 U.S.C. 1681i(a)(6)(A). 50 15 U.S.C. 1681i(f)(2)(B)(ii).
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disputes the reseller received to the CRC accordance with the Paperwork Total Estimated Number of Annual that provided the reseller with the Reduction Act. Burden Hours: 2,500. disputed information. DATES: Written comments must be Abstract: The proposed information collection activity provides a means to 4. Conclusion submitted to the individual and office listed in the ADDRESSES section by elicit qualitative customer and The Bureau will continue to publish January 10, 2020. stakeholder feedback in an efficient, Supervisory Highlights to aid Bureau- timely manner. By qualitative feedback ADDRESSES: Direct written comments supervised entities in their efforts to we mean information that provides and/or suggestions regarding the items comply with Federal consumer financial useful insights on perceptions and contained in this Notice to the law. The report shares information opinions but are not statistical surveys Attention: CNCS Desk Officer, Office of regarding general supervisory and that yield quantitative results that can Information and Regulatory Affairs, examination findings regarding the be generalized to the population of Office of Management and Budget, 725 FCRA and Regulation V (without study. This feedback will provide 17th Street NW, Washington, DC 20503 identifying specific institutions). This insights into customer or stakeholder or by fax to (202) 395–5806. Provide information is shared, in part, to perceptions, experiences and written comments within 30 days of communicate the Bureau’s supervisory expectations, provide an early warning Notice publication. expectations to CRCs and furnishers that of issues with service, or focus attention those institutions comply with the FOR FURTHER INFORMATION CONTACT: on areas where communication, applicable provisions of the FCRA and Copies of this ICR, with applicable training, or changes in operations might Regulation V. supporting documentation, may be improve delivery of products or Supervision’s work in the consumer obtained by calling the Corporation for services. These collections will allow reporting market is ongoing and remains National and Community Service, Amy for ongoing, collaborative, and a high priority. As detailed in this Borgstrom by email to aborgstrom@ actionable communications between the report, CFPB examiners have continued cns.gov. agency and its customers and to identify violations and CMS SUPPLEMENTARY INFORMATION: The OMB stakeholders. It will also allow feedback weaknesses regarding critical FCRA and is particularly interested in comments to contribute directly to the Regulation V protections. However, which: improvement of program management. examiners have also observed • Evaluate whether the proposed The solicitation of feedback will target significant improvements in these areas, collection of information is necessary areas such as: Timeliness, including continued investment in for the proper performance of the appropriateness, accuracy of FCRA-related CMS. Supervision will functions of CNCS, including whether information, courtesy, efficiency of continue to conduct reviews at CRCs, the information will have practical service delivery, and resolution of including resellers, as well as at utility; issues with service delivery. Responses furnishers and users of consumer • Evaluate the accuracy of the will be assessed to plan and inform reports within our supervisory agency’s estimate of the burden of the efforts to improve or maintain the jurisdiction. proposed collection of information, quality of service offered to the public. Dated: November 30, 2019. including the validity of the If this information is not collected, vital Kathleen L. Kraninger, methodology and assumptions; feedback from customers and • Director, Bureau of Consumer Financial Propose ways to enhance the stakeholders on the agency’s services Protection. quality, utility, and clarity of the will be unavailable. CNCS seeks to renew the current [FR Doc. 2019–26669 Filed 12–10–19; 8:45 am] information to be collected; and • information collection. The information BILLING CODE 4810–AM–P Propose ways to minimize the burden of the collection of information collection will be used in the same on those who are to respond, including manner as the existing application. through the use of appropriate CNCS also seeks to continue using the CORPORATION FOR NATIONAL AND automated, electronic, mechanical, or current application until the revised COMMUNITY SERVICE other technological collection application is approved by OMB. The techniques or other forms of information current application is due to expire on Agency Information Collection November 30, 2020. Activities; Submission to the Office of technology. Management and Budget for Review Comments Dated: December 5, 2019. and Approval; Comment Request; Amy Borgstrom, A 60-day Notice requesting public Generic Clearance for the Collection of Associate Director of Policy. comment was published in the Federal Qualitative Feedback on Agency [FR Doc. 2019–26632 Filed 12–10–19; 8:45 am] Register on Monday, September 30 at Service Delivery; Proposed BILLING CODE 6050–28–P Vol. 84, Page Number 51524. This Information Collection; Comment comment period ended November 29, Request 2019. No public comments were DEPARTMENT OF DEFENSE AGENCY: Corporation for National and received from this Notice. Community Service. Title of Collection: Generic Clearance Office of the Secretary ACTION: Notice. for the Collection of Qualitative Feedback on Agency Service Delivery. [Docket ID: DOD–2019–OS–0133] SUMMARY: The Corporation for National OMB Control Number: 3045–0137. and Community Service (CNCS) has Type of Review: Renewal. Proposed Collection; Comment submitted a public information Respondents/Affected Public: Request collection request (ICR) entitled Generic Individuals, Households and AGENCY: Office of the Undersecretary of Clearance for the Collection of Organizations. Defense for Personnel & Readiness, DoD. Qualitative Feedback on Agency Service Total Estimated Number of Annual ACTION: Information collection notice. Delivery for review and approval in Responses: 15,000.
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SUMMARY: In compliance with the 2656–10; OMB Control Number 0704– Average Burden per Response: 15 Paperwork Reduction Act of 1995, the 0569. minutes. Office of the Undersecretary of Defense Needs and Uses: DD Forms 2656 Frequency: As required. for Personnel & Readiness, DoD ‘‘Data for Payment of Retired Pay,’’ DD Form 2656–6 ‘‘Survivor Benefit Plan announces a proposed public 2656–1 ‘‘Survivor Benefit Plan (SBP) Election Change Certificate’’ information collection and seeks public Election Statement for Former Spouse comment on the provisions thereof. Coverage,’’ 2656–2 ‘‘Survivor Benefit Annual Burden Hours: 4,225. Comments are invited on: Whether the Plan (SBP) Termination Request,’’ 2656– Number of Respondents: 16,900. proposed collection of information is 5 ‘‘Reserve Component Survivor Benefit Responses per Respondent: 1. necessary for the proper performance of Plan (RCSBP) Election Certificate,’’ Annual Responses: 16,900. the functions of the agency, including 2656–6 ‘‘Survivor Benefit Plan Election Average Burden per Response: 15 whether the information shall have Change Certificate,’’ 2656–7 minutes. practical utility; the accuracy of the ‘‘Verification for Survivor Annuity,’’ Frequency: As required. agency’s estimate of the burden of the 2656–8 ‘‘Survivor Benefit Plan (SBP) proposed information collection; ways Automatic Coverage Fact Sheet,’’ 2656– DD Form 2656–7 ‘‘Verification for to enhance the quality, utility, and 10 ‘‘Survivor Benefit Plan (SBP) Former Survivor Annuity’’ clarity of the information to be Spouse Request for Deemed Election,’’ Annual Burden Hours: 2,400. collected; and ways to minimize the are used by the Department of Defense Number of Respondents: 9,600. burden of the information collection on to collect information regarding a Responses per Respondent: 1. respondents, including through the use uniformed service member’s military Annual Responses: 9,600. of automated collection techniques or retired pay and his or her election to Average Burden per Response: 15 other forms of information technology. participate in and designate minutes. DATES: Consideration will be given to all beneficiaries under the Survivor Benefit Frequency: As required. Plan (SBP or RCSBP), as well as comments received by February 10, DD Form 2656–8 ‘‘Survivor Benefit 2020. elections of the eligible family member(s) or Insurable Interest Plan—Automatic Coverage Fact Sheet’’ ADDRESSES: You may submit comments, Beneficiary to receive coverage under Annual Burden Hours: 1,375. identified by docket number and title, Survivor Benefit Plan (SBP or RCSBP). Number of Respondents: 5,500. by any of the following methods: Affected Public: Individuals or Responses per Respondent: 1. Federal eRulemaking Portal: http:// Households. Annual Responses: 5,500. www.regulations.gov. Follow the Average Burden per Response: 15 instructions for submitting comments. DD Form 2656 ‘‘Data for Payment of minutes. Mail: Department of Defense, Office of Retired Personnel’’ Frequency: As required. the Chief Management Officer, Annual Burden Hours: 16,700. Directorate for Oversight and Number of Respondents: 66,800. DD Form 2656–10 ‘‘Survivor Benefit Compliance, 4800 Mark Center Drive, Responses per Respondent: 1. Plan/Reserve Component Benefit Plan Mailbox #24, Suite 08D09, Alexandria, Annual Responses: 66,800. Request for Deemed Election’’ VA 22350–1700. Average Burden per Response: 15 Annual Burden Hours: 1,562. Instructions: All submissions received minutes. Number of Respondents: 6,250. must include the agency name, docket Frequency: As required. Responses per Respondent: 1. number and title for this Federal Annual Responses: 6,250. Register document. The general policy DD Form 2656–1 ‘‘Survivor Benefit Plan for comments and other submissions Election Statement for Former Spouse Average Burden per Response: 15 from members of the public is to make Coverage’’ minutes. these submissions available for public Annual Burden Hours: 2,375. Frequency: As required. viewing on the internet at http:// Number of Respondents: 9,500. Every uniformed service member of www.regulations.gov as they are Responses per Respondent: 1. the Department of Defense and U.S. received without change, including any Annual Responses: 9,500. Coast Guard who retires or reaches the personal identifiers or contact Average Burden per Response: 15 age of eligibility to begin receiving information. minutes. retired pay, in the case of members of Frequency: As required. the Reserves and National Guard, FOR FURTHER INFORMATION CONTACT: To should voluntarily complete this form to request more information on this DD Form 2656–2 ‘‘Survivor Benefit Plan request retired pay, designate and proposed information collection or to Termination Request’’ change beneficiaries, and make a SBP obtain a copy of the proposal and Annual Burden Hours: 1,875. election, or decline coverage. Eligible associated collection instruments, Number of Respondents: 7,500. beneficiaries have an ability to please write to Office of the Responses per Respondent: 1. voluntarily complete this form to Undersecretary of Defense (Personnel Annual Responses: 7,500. request or waive coverage. The and Readiness), 1500 Defense Pentagon, Average Burden per Response: 15 information requested allows the Washington, DC 20350, Andrew Corso, minutes. Defense Finance and Accounting 703–693–1050. Frequency: As required. Service (DFAS) to establish a retired pay SUPPLEMENTARY INFORMATION: account for that individual as well as Title; Associated Form; and OMB DD Form 2656–5 ‘‘Reserve Component eligible covered beneficiaries, provides Number: Data for Payment of Retired Survivor Benefit Plan Election a record of that retiree’s designation of Personnel to Include Eligible Family Certificate’’ beneficiaries, allows the retiree (if Members; DD Form 2656, DD Form Annual Burden Hours: 1,475. eligible) to make an election of a lump 2656–1, DD Form 2656–2, DD Form Number of Respondents: 5,900. sum of retired pay, and allows the 2656–5, DD Form 2656–6, DD Form Responses per Respondent: 1. Service member to make an election to 2656–7, DD Form 2656–8, DD Form Annual Responses: 5,900. participate in the SBP.
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Dated: December 6, 2019. 3. Scheduled Therapeutic Class Reviews ADDRESSES: The address of the meeting Aaron T. Siegel, (Comments will follow each agenda is the Institute of International Alternate OSD Federal Register Liaison item) Education, 1400 K Street NW, Officer, Department of Defense. a. Insulin—Rapid-Acting Agents Washington, DC 20005. [FR Doc. 2019–26688 Filed 12–10–19; 8:45 am] b. Phosphodiesterase-5 Inhibitors— FOR FURTHER INFORMATION CONTACT: BILLING CODE 5001–06–P Erectile Dysfunction Michael Nugent, (571) 256–0702 4. Newly Approved Drugs Review (Voice), (703) 692–2615 (Facsimile), 5. Pertinent Utilization Management [email protected] DEPARTMENT OF DEFENSE Issues (Email). Mailing address is National 6. Panel Discussions and Vote Security Education Program, 4800 Mark Office of the Secretary Meeting Accessibility: Pursuant to 5 Center Drive, Suite 08F09–02, Uniform Formulary Beneficiary U.S.C. 552b, and 41 CFR 102–3.140 Alexandria, VA 22350–7000. Website: Advisory Panel; Notice of Federal through 102–3.165, and subject to https://www.nsep.gov/content/national- Advisory Committee Meeting availability of space, this meeting is security-education-board. The most up- open to the public. Seating is limited to-date changes to the meeting agenda AGENCY: Under Secretary of Defense for and will be provided only to the first can be found on the website. Personnel and Readiness, Department of 220 people signing-in. All persons must SUPPLEMENTARY INFORMATION: This Defense. sign-in legibly. meeting is being held under the ACTION: Notice of Federal Advisory Written Statements: Pursuant to 41 provisions of the Federal Advisory Committee meeting. CFR 102–3.140, the public or interested Committee Act (FACA) of 1972 (5 organizations may submit written U.S.C., Appendix, as amended), the SUMMARY: The Department of Defense statements to the membership of the Government in the Sunshine Act of (DoD) is publishing this notice to Panel about its mission and/or the 1976 (5 U.S.C. 552b, as amended), and announce that the following Federal agenda to be addressed in this public 41 CFR 102–3.140 and 102–3.150. Advisory Committee meeting of the meeting. Written statements should be Purpose of the Meeting: The purpose Uniform Formulary Beneficiary submitted to the Panel’s Designated of the meeting is to review and make Advisory Panel will take place. Federal Officer (DFO). The DFO’s recommendations to the Secretary of DATES: Open to the public Wednesday, contact information can be obtained in Defense concerning requirements January 8, 2020, from 9:00 a.m. to 12:00 the FOR FURTHER INFORMATION CONTACT established by the David L. Boren p.m. section in this notice. Written comments National Security Education Act, Title ADDRESSES: The address of the open or statements must be received by the VII of Public Law 102–183, as amended. meeting is the Naval Heritage Center Panel DFO at least five (5) business days Agenda: 9:30 a.m.—National Security Theater, 701 Pennsylvania Avenue NW, prior to the meeting so that they may be Education Board (NSEB) Full Meeting Washington, DC 20004. made available to the Panel for its Begins. 9:45 a.m.—National Security FOR FURTHER INFORMATION CONTACT: consideration prior to the meeting. The Education Program (NSEP) Discussion Colonel Paul J. Hoerner, USAF, 703– DFO will review all submitted written with the Board. 10:15 a.m.—Board 681–2890 (Voice), None (Facsimile), statements and provide copies to all the Discussion: Boren Scholarships and [email protected] committee members. Fellowships. 11:00 a.m.—Board (Email). Mailing address is 7700 Dated: December 6, 2019. Discussion: National Language Service Corps (NLSC). 12:00 p.m.—Working Arlington Boulevard, Suite 5101, Falls Aaron T. Siegel, Church, VA 22042–5101. Website: Lunch. 12:45 p.m.—Engaging Reserve Alternate OSD Federal Register Liaison Officer Training Corps Members. 2:00 https://health.mil/bap. The most up-to- Officer, Department of Defense. date changes to the meeting agenda can p.m.—Closing Board Discussion. 3:00 [FR Doc. 2019–26667 Filed 12–10–19; 8:45 am] be found on the website. p.m.—Adjourn. BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: This Meeting Accessibility: Pursuant to 5 meeting is being held under the U.S.C. 552b and 41 CFR 102–3.140 through 102–3.165, and the availability provisions of the Federal Advisory DEPARTMENT OF DEFENSE Committee Act (FACA) of 1972 (5 of space, this meeting is open to the U.S.C., Appendix, as amended), the Office of the Secretary public. Seating is on a first-come basis. Government in the Sunshine Act of Written Statements: This meeting is 1976 (5 U.S.C. 552b, as amended), and National Security Education Board; being held under the provisions of the 41 CFR 102–3.140 and 102–3.150. Notice of Federal Advisory Committee Federal Advisory Committee Act The Panel will review and comment Meeting (FACA) of 1972 (5 U.S.C., Appendix, as on recommendations made to the amended), the Government in the AGENCY: Under Secretary of Defense for Director of the Defense Health Agency, Sunshine Act of 1976 (5 U.S.C. 552b, as Personnel and Readiness, Department of by the Pharmacy and Therapeutics amended), and 41 CFR 102–3.140 and Defense (DoD). Committee, regarding the Uniform 102–3.150. Pursuant to 102–3.140 and Formulary. ACTION: Notice of Federal Advisory sections 10(a)(3) of the Federal Advisory Purpose of the Meeting: The DoD is Committee meeting. Committee Act of 1972, the public or publishing this notice to announce that interested organizations may submit SUMMARY: the following Federal Advisory The DoD is publishing this written statements to the Department of Committee meeting of the Uniform notice to announce that the following Defense National Security Education Formulary Beneficiary Advisory Panel Federal Advisory Committee meeting of Board about its mission and functions. will take place. the National Security Education Board Written statements may be submitted at will take place. any time or in response to the stated Agenda DATES: Open to the public Thursday, agenda of the planned meeting. All 1. Sign-In January 16, 2020 from 9:30 a.m. to 3:00 written statements shall be submitted to 2. Welcome and Opening Remarks p.m. the Designated Federal Official for the
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National Security Education Board, and Responses per Respondent: 1 to 2 DEPARTMENT OF ENERGY this individual will ensure that the (depending on transaction type). Environmental Management Site- written statements are provided to the Annual Responses: 366,365. membership for their consideration. Specific Advisory Board, Idaho Contact information for the Designated Average Burden per Response: 1 to 10 Cleanup Project Federal Official can be obtained from minutes (depending on transaction AGENCY: Department of Energy, Office of the GSA’s FACA Database—http:// type). Environmental Management. facadatabase.gov/. Statements being Annual Burden Hours: 12,109. ACTION: Notice of open meeting. submitted in response to the agenda Needs and Uses: This information mentioned in this notice must be system will provide a means to manage SUMMARY: This notice announces a received by the Designated Federal and administer a robust Marine Corps meeting of the Environmental Official at the addressed listed in the Community Services (MCCS) retail Management Site-Specific Advisory FOR FURTHER INFORMATION CONTACT Board (EM SSAB), Idaho Cleanup section at least five calendar days prior point of sales system to control sales and capture and process customer Project. The Federal Advisory to the meeting that is the subject of this Committee Act requires that public notice. Written statements received after orders and transactions for the Marine Corps Exchanges, package stores, notice of this meeting be announced in this date may not be provided to or the Federal Register. considered by the National Security Marine Marts, and Uniform Shops. The DATES: Thursday, February 27, 2020; Education Board until its next meeting. information collection requirement is necessary to manage and administer 3:00 p.m.–8:00 p.m. Dated: December 6, 2019. special orders, rain checks, send sales, Please note the EM SSAB, Idaho Aaron T. Siegel, returns and exchanges, check cashing, Cleanup Project, is starting in the afternoon instead in the morning like Alternate OSD Federal Register Liaison tender by check, and recruit tenders. All Officer, Department of Defense. previous meetings. information is collected verbally at the [FR Doc. 2019–26675 Filed 12–10–19; 8:45 am] The opportunities for public comment point-of-sale terminal and entered into BILLING CODE 5001–06–P are at 5:15 p.m. and 7:15 p.m. the NAF RPOS by an MCCS employee. This time is subject to change; please Affected Public: Individuals or contact the Federal Coordinator (below) DEPARTMENT OF DEFENSE households. for confirmation of times prior to the Frequency: As required. meeting. Department of the Navy Respondent’s Obligation: Voluntary. ADDRESSES: Residence Inn Idaho Falls, [Docket ID: USN–2019–HQ–0020] 635 West Broadway, Idaho Falls, ID OMB Desk Officer: Ms. Jasmeet 83402. Seehra. Submission for OMB Review; FOR FURTHER INFORMATION CONTACT: Brad Comment Request You may also submit comments and Bugger, Federal Coordinator, U.S. recommendations, identified by Docket Department of Energy, Idaho Operations AGENCY: The Office of the Under ID number and title, by the following Secretary of the Navy, DoD. Office, 1955 Fremont Avenue, MS– method: 1203, Idaho Falls, Idaho 83415. Phone ACTION: 30-day information collection • Federal eRulemaking Portal: http:// (208) 526–0833; or email: buggerbp@ notice. www.regulations.gov. Follow the id.doe.gov or visit the Board’s internet SUMMARY: The Department of Defense instructions for submitting comments. home page at: https://www.energy.gov/ has submitted to OMB for clearance the Instructions: All submissions received em/icpcab/idaho-cleanup-project- citizens-advisory-board-icp-cab. following proposal for collection of must include the agency name, Docket information under the provisions of the ID number, and title for this Federal SUPPLEMENTARY INFORMATION: Paperwork Reduction Act. Register document. The general policy Purpose of the Board: The purpose of the Board is to make recommendations DATES: Consideration will be given to all for comments and other submissions to DOE–EM and site management in the comments received by January 10, 2020. from members of the public is to make areas of environmental restoration, ADDRESSES: Comments and these submissions available for public waste management, and related recommendations on the proposed viewing on the internet at http:// activities. information collection should be www.regulations.gov as they are Tentative Topics (agenda topics may emailed to Ms. Jasmeet Seehra, DoD received without change, including any _ change up to the day of the meeting; Desk Officer, at oira submission@ personal identifiers or contact please contact Brad Bugger for the most omb.eop.gov. Please identify the information. current agenda): proposed information collection by DoD DOD Clearance Officer: Ms. Angela • Recent Public Outreach Desk Officer, Docket ID number, and • title of the information collection. James. Idaho Cleanup Project (ICP) Overview FOR FURTHER INFORMATION CONTACT: Requests for copies of the information • collection proposal should be sent to Fiscal Year 2021 Budget Priorities Angela James, 571–372–7574, or • Discussion of Agreement with the Ms. James at whs.mc-alex.esd.mbx.dd- whs.mc-alex.esd.mbx.dd-dod- State of Idaho [email protected]. [email protected]. • Update on Integrated Waste SUPPLEMENTARY INFORMATION: Dated: December 6, 2019. Treatment Unit (IWTU) Title; Associated Form; and OMB Aaron T. Siegel, • Wildfire Preparations and Post-fire Number: NAF Retail Point of Sale Restoration Alternate OSD Federal Register, Liaison • System (RPOS), OMB Control Number Officer, Department of Defense. Consideration of EM SSAB Chairs’ 0703–XXXX. [FR Doc. 2019–26684 Filed 12–10–19; 8:45 am] Recommendations Type of Request: New. • Board Discussion and Number of Respondents: 294,953. BILLING CODE 3810–FF–P Subcommittee Follow-up
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Public Participation: The meeting is U.S. Department of Energy, Office of DEPARTMENT OF ENERGY open to the public. The EM SSAB, Idaho River Protection, P.O. Box 450, H6–60, Cleanup Project, welcomes the Richland, WA 99354; Phone: (509) 376– Agency Information Collection attendance of the public at its advisory 6244; or Email: jolynn_m_garcia@ Extension committee meetings and will make orp.doe.gov. AGENCY: Office of Energy Efficiency and every effort to accommodate persons SUPPLEMENTARY INFORMATION: Renewable Energy, U.S. Department of with physical disabilities or special Energy. needs. If you require special Purpose of the Board: The purpose of accommodations due to a disability, the Board is to make recommendations ACTION: Submission for Office of please contact Brad Bugger at least to DOE–EM and site management in the Management and Budget (OMB) review. areas of environmental restoration, seven days in advance of the meeting at SUMMARY: The Department of Energy the telephone number listed above. waste management, and related activities. (DOE) has submitted an information Written statements may be filed with collection request to the OMB for the Board either before or after the Tentative Agenda extension under the provisions of the meeting. Individuals who wish to make • Potential Draft Hanford Advisory Paperwork Reduction Act of 1995. The oral presentations pertaining to agenda information collection requests a three- items should contact Brad Bugger at the Board Advice D Consider Draft Advice on Fiscal year extension of its Programs for address or telephone number listed Improving Energy Efficiency in above. The request must be received five Year 2022 Budget Priorities • Discussion Topics Buildings, OMB Control Number 1910– days prior to the meeting and reasonable 5184. The proposed collection will D provision will be made to include the Tri-Party Agreement Agencies’ enable DOE to better understand and presentation in the agenda. The Deputy Updates improve building energy load Designated Federal Officer is D Hanford Advisory Board Committee management programs including the empowered to conduct the meeting in a Reports following four voluntary programs fashion that will facilitate the orderly D Board Business aimed at reducing energy costs and conduct of business. Individuals Public Participation: The meeting is improving occupant comfort in wishing to make public comments will open to the public. The EM SSAB, buildings: The Home Performance with be provided a maximum of five minutes Hanford, welcomes the attendance of ENERGY STAR Program, the Home to present their comments. the public at its advisory committee Energy Score Program, the Better Minutes: Minutes will be available by meetings and will make every effort to Buildings Residential Network, and the writing or calling Brad Bugger, Federal accommodate persons with physical Zero Energy Ready Home Program. The Coordinator, at the address and disabilities or special needs. If you information gathered by DOE in these telephone number listed above. Minutes require special accommodations due to four programs is necessary for DOE to will also be available at the following a disability, please contact JoLynn run the programs effectively. website: https://www.energy.gov/em/ Garcia at least seven days in advance of icpcab/listings/cab-meetings. DATES: Comments regarding this the meeting at the telephone number collection must be received on or before Signed in Washington, DC, on December 5, listed above. Written statements may be January 10, 2020. If you anticipate that 2019. filed with the Board either before or you will be submitting comments, but LaTanya Butler, after the meeting. Individuals who wish find it difficult to do so within the Deputy Committee Management Officer. to make oral statements pertaining to period of time allowed by this notice, [FR Doc. 2019–26621 Filed 12–10–19; 8:45 am] agenda items should contact JoLynn please advise the OMB Desk Officer of BILLING CODE 6450–01–P Garcia at the address or telephone your intention to make a submission as number listed above. Requests must be soon as possible. The Desk Officer may received five days prior to the meeting be telephoned at 202–395–4718. DEPARTMENT OF ENERGY and reasonable provision will be made ADDRESSES: Written comments should to include the presentation in the be sent to the DOE Desk Officer, Office Environmental Management Site- agenda. The Deputy Designated Federal Specific Advisory Board, Hanford of Information and Regulatory Affairs, Officer is empowered to conduct the Office of Management and Budget, New AGENCY: Office of Environmental meeting in a fashion that will facilitate Executive Office Building, Room 10102, Management, Department of Energy. the orderly conduct of business. 735 17th Street NW, Washington, DC Individuals wishing to make public ACTION: Notice of open meeting. 20503, and to Mr. Chris Early, U.S. comments will be provided a maximum Department of Energy, Building SUMMARY: This notice announces a of five minutes to present their Technologies Program, Mail Stop EE– meeting of the Environmental comments. 5B, Forrestal Building, 1000 Management Site-Specific Advisory Minutes: Minutes will be available by Independence Avenue SW, Washington, Board (EM SSAB), Hanford. The Federal writing or calling JoLynn Garcia’s office DC 20585–0121 or by fax at 202–586– Advisory Committee Act requires that at the address or telephone number 4617 or by email to Chris.Early@ public notice of this meeting be listed above. Minutes will also be ee.doe.gov. announced in the Federal Register. available at the following website: FOR FURTHER INFORMATION CONTACT: DATES: Wednesday, February 5, 2020; http://www.hanford.gov/page.cfm/hab/ FullBoardMeetingInformation. Requests for additional information or 8:30 a.m.–4:30 p.m. Thursday, February copies of the information collection 6, 2020; 8:30 a.m.–4:30 p.m. Signed in Washington, DC, on December 5, instrument and instructions should be ADDRESSES: Best Western Plus, 1515 2019. directed to Mr. Chris Early, U.S. George Washington Way, Richland, WA LaTanya Butler, Department of Energy, Building 99354. Deputy Committee Management Officer. Technologies Program, Mail Stop EE– FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–26620 Filed 12–10–19; 8:45 am] 5B, Forrestal Building, 1000 JoLynn Garcia, Federal Coordinator, BILLING CODE 6450–01–P Independence Avenue SW, Washington,
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DC 20585–0121 or by email to Annual Estimated Number of Total of the intervention or protest to the [email protected]. Responses: 92,584; (7) Annual Federal Energy Regulatory Commission, SUPPLEMENTARY INFORMATION: This Estimated Number of Burden Hours: 888 First Street NE, Washington, DC information collection request contains: 14,383; (8) Annual Estimated Reporting 20426. (1) OMB No. 1910–5184; (2) Information and Recordkeeping Cost Burden: zero The filings in the above-referenced Collection Request Title: Programs for dollars. proceeding are accessible in the Improving Energy Efficiency in Statutory Authority: 42 U.S.C. 16191. Commission’s eLibrary system by clicking on the appropriate link in the Buildings; (3) Type of Request: Signed in Washington, DC on December 4, {Renewal} (4) Purpose: The proposed 2019. above list. They are also available for electronic review in the Commission’s collection will enable DOE to better Alexander N. Fitzsimmons, understand and improve building Public Reference Room in Washington, Deputy Assistant Secretary For Energy DC. There is an eSubscription link on energy load management programs Efficiency, Energy Efficiency and Renewable including the following four voluntary Energy. the website that enables subscribers to receive email notification when a programs aimed at reducing energy [FR Doc. 2019–26680 Filed 12–10–19; 8:45 am] document is added to a subscribed costs and improving occupant comfort BILLING CODE 6450–01–P in buildings: The Home Performance docket(s). For assistance with any FERC with ENERGY STAR Program, the Home Online service, please email Energy Score Program, the Better DEPARTMENT OF ENERGY [email protected]. or call Buildings Residential Network, and the (866) 208–3676 (toll free). For TTY, call Zero Energy Ready Home Program. DOE Federal Energy Regulatory (202) 502–8659. encourages and assists the people and Commission Dated: December 5, 2019. organizations that voluntarily [Docket No. ER20–517–000] Nathaniel J. Davis, Sr., participate in these energy efficiency Deputy Secretary. programs to build or renovate buildings Supplemental Notice That Initial [FR Doc. 2019–26659 Filed 12–10–19; 8:45 am] for the purposes of improved efficiency, Market-Based Rate Filing Includes BILLING CODE 6717–01–P reliability, and affordability. The Request for Blanket Section 204 partners who voluntarily participate in Authorization; Crooked Run Solar, LLC the programs include: Home builders, DEPARTMENT OF ENERGY building trades and building-related This is a supplemental notice in the above-referenced proceeding of Crooked associations, home design professionals, Federal Energy Regulatory Run Solar, LLC’s application for market- home energy raters and auditors, home Commission inspectors, building consultants, based rate authority, with an manufacturers of building products, accompanying rate tariff, noting that Combined Notice of Filings retailers, utility companies, financial such application includes a request for blanket authorization, under 18 CFR Take notice that the Commission has institutions, non-profit organizations, part 34, of future issuances of securities received the following Natural Gas educational institutions, energy program and assumptions of liability. Pipeline Rate and Refund Report filings: administrators and implementers, Home Any person desiring to intervene or to Performance with ENERGY STAR Docket Number: PR20–14–000. protest should file with the Federal Applicants: Louisville Gas and sponsors, state or local government Energy Regulatory Commission, 888 energy offices or agencies, and other Electric Company. First Street NE, Washington, DC 20426, Description: Tariff filing per organizations that believe peer sharing in accordance with Rules 211 and 214 will help them improve their 284.123(b),(e)/: Revised SOC DDC and of the Commission’s Rules of Practice LAUFG to be effective 11/1/2019. effectiveness in encouraging effective and Procedure (18 CFR 385.211 and energy upgrades. DOE proposes to Filed Date: 12/2/19. 385.214). Anyone filing a motion to Accession Number: 201912025007. continue to collect information such as intervene or protest must serve a copy names and addresses of voluntary Comments/Protests Due: 5 p.m. ET of that document on the Applicant. 12/23/19. program participants and organizations; Notice is hereby given that the estimates of how many homes these deadline for filing protests with regard Docket Numbers: RP20–314–000. program implementers can get to to the applicant’s request for blanket Applicants: Young Gas Storage participate in the programs, and authorization, under 18 CFR part 34, of Company, Ltd. information about building stock (no future issuances of securities and Description: § 4(d) Rate Filing: ATC building owner or occupant information assumptions of liability, is December 26, Rate Adjustment (2019–2020) to be is collected) and load management 2019. effective 12/1/2019. strategies. The collected information The Commission encourages Filed Date: 12/4/19. helps DOE understand the participating electronic submission of protests and Accession Number: 20191204–5149. partners’ activities and their progress interventions in lieu of paper, using the Comments Due: 5 p.m. ET 12/16/19. toward achieving scheduled milestones. FERC Online links at http:// The filings are accessible in the This, in turn, enables DOE to respond to www.ferc.gov. To facilitate electronic Commission’s eLibrary system by partners’ needs and assist them in service, persons with internet access clicking on the links or querying the improving their operations to lower who will eFile a document and/or be docket number. energy consumption and improve listed as a contact for an intervenor Any person desiring to intervene or affordability. DOE published a notice must create and validate an protest in any of the above proceedings and request for comments related to this eRegistration account using the must file in accordance with Rules 211 current request for OMB clearance to eRegistration link. Select the eFiling and 214 of the Commission’s collect information on August 16, 2019 link to log on and submit the Regulations (18 CFR 385.211 and (84 FR 41987) and received no intervention or protests. 385.214) on or before 5:00 p.m. Eastern comments; (5) Annual Estimated Persons unable to file electronically time on the specified date(s). Protests Number of Respondents: 962; (6) should submit an original and 5 copies may be considered, but intervention is
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necessary to become a party to the Washington, DC, on or before 5:00 p.m. reduce the amount of time you spend proceeding. Eastern Time on January 6, 2020. researching proceedings. To sign up go eFiling is encouraged. More detailed You can make a difference by to www.ferc.gov/docs-filing/ information relating to filing submitting your specific comments or esubscription.asp. requirements, interventions, protests, concerns about the project. Your For your convenience, there are three service, and qualifying facilities filings comments should focus on the potential methods you can use to submit your can be found at: http://www.ferc.gov/ environmental effects, reasonable comments to the Commission. The docs-filing/efiling/filing-req.pdf. For alternatives, and measures to avoid or Commission encourages electronic filing other information, call (866) 208–3676 lessen environmental impacts. Your of comments and has staff available to (toll free). For TTY, call (202) 502–8659. input will help the Commission staff assist you at (866) 208–3676 or determine what issues they need to Dated: December 5, 2019. [email protected]. Please evaluate in the EA. Commission staff Nathaniel J. Davis, Sr., carefully follow these instructions so will consider all filed comments during that your comments are properly Deputy Secretary. the preparation of the EA. recorded. [FR Doc. 2019–26660 Filed 12–10–19; 8:45 am] If you sent comments on this project (1) You can file your comments BILLING CODE 6717–01–P to the Commission before the opening of electronically using the eComment this docket on October 28, 2019, you feature, which is located on the will need to file those comments in Commission’s website (www.ferc.gov) DEPARTMENT OF ENERGY Docket No. CP20–8–000 to ensure they under the link to Documents and are considered as part of this Filings. Using eComment is an easy Federal Energy Regulatory proceeding. Commission method for submitting brief, text-only This notice is being sent to the comments on a project; [Docket No. CP20–8–000] Commission’s current environmental (2) You can file your comments mailing list for this project. State and electronically by using the eFiling Notice of Intent To Prepare an local government representatives should feature, which is also on the Environmental Assessment for the notify their constituents of this Commission’s website (www.ferc.gov) Proposed ANR Pipeline Company proposed project and encourage them to under the link to Documents and Grand Chenier Xpress Project and comment on their areas of concern. Filings. With eFiling, you can provide If you are a landowner receiving this Request for Comments on comments in a variety of formats by notice, a pipeline company Environmental Issues attaching them as a file with your representative may contact you about submission. New eFiling users must The staff of the Federal Energy the acquisition of an easement to first create an account by clicking on Regulatory Commission (FERC or construct, operate, and maintain the ‘‘eRegister.’’ You will be asked to select Commission) will prepare an proposed facilities. The company would the type of filing you are making; a environmental assessment (EA) that will seek to negotiate a mutually acceptable comment on a particular project is discuss the environmental impacts of easement agreement. You are not considered a ‘‘Comment on a Filing’’; or the Grand Chenier XPress Project required to enter into an agreement. (3) You can file a paper copy of your involving construction and operation of However, if the Commission approves comments by mailing them to the facilities by ANR Pipeline Company the project, that approval conveys with following address. Be sure to reference (ANR) in Acadia, Jefferson Davies, and it the right of eminent domain. the project docket number (CP20–8– Cameron Parishes, Louisiana. The Therefore, if you and the company do 000) with your submission: Kimberly D. Commission will use this EA in its not reach an easement agreement, the Bose, Secretary, Federal Energy decision-making process to determine pipeline company could initiate Regulatory Commission, 888 First Street whether the project is in the public condemnation proceedings in court. In NE, Room 1A, Washington, DC 20426. convenience and necessity. such instances, compensation would be This notice announces the opening of determined by a judge in accordance Summary of the Proposed Project the scoping process the Commission with state law. ANR’s project consist of: (i) will use to gather input from the public ANR provided landowners with a fact Modifications to its existing Eunice and and interested agencies about issues sheet prepared by the FERC entitled Grand Chenier Compressor Stations, (ii) regarding the project. The National ‘‘An Interstate Natural Gas Facility On construction and operation of a new Environmental Policy Act (NEPA) My Land? What Do I Need To Know?’’ greenfield compressor station requires the Commission to take into This fact sheet addresses a number of (Mermentau Compressor Station), (iii) account the environmental impacts that typically asked questions, including the modifications to ANR’s Mermentau could result from its action whenever it use of eminent domain and how to River GCX Meter Station,1 and (iv) considers the issuance of a Certificate of participate in the Commission’s installation of various appurtenant and Public Convenience and Necessity. proceedings. It is also available for auxiliary facilities. The project would NEPA also requires the Commission to viewing on the FERC website provide an additional 400 million cubic discover concerns the public may have (www.ferc.gov) at https://www.ferc.gov/ feet per day of incremental natural gas about proposals. This process is referred resources/guides/gas/gas.pdf. to as ‘‘scoping.’’ The main goal of the capacity from ANR’s Southeast Head 2 scoping process is to focus the analysis Public Participation Station to the Mermentau River GCX in the EA on the important The Commission offers a free service Meter Station. environmental issues. By this notice, the called eSubscription which makes it The Grand Chenier XPress Project Commission requests public comments easy to stay informed of all issuances would consist of the following facilities: on the scope of issues to address in the and submittals regarding the dockets/ EA. To ensure that your comments are projects to which you subscribe. These 1 ANR states that the Mermentau River GCX Meter Station will be installed pursuant to the timely and properly recorded, please instant email notifications are the fastest automatic provisions of its blanket certificate. submit your comments so that the way to receive notification and provide 2 ANR’s Head Station is a pooling point where Commission receives them in a link to the document files which can natural gas is aggregated from many receipt points.
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• Modifications of ANR’s existing within the footprint of the planned 106 of the National Historic Eunice Compressor Station in Mermentau Compressor Station. Preservation Act, the Commission is Acadia Parish, Louisiana, to Following construction all areas using this notice to initiate consultation increase the total certificated temporarily disturbed by construction with the applicable State Historic horsepower (hp) from 24,000 hp to would be graded, restored to pre- Preservation Office, and to solicit their 39,370 hp. The modifications construction contours, and revegetated. views and those of other government would include: agencies, interested Indian Tribes, and The EA Process Æ Installing a 23,470 hp Solar Turbine the public on the project’s potential Titan 130 natural gas-fired The EA will discuss impacts that effects on historic properties.6 The EA compressor; could occur as a result of construction for this project will document findings Æ installing 810 feet of new piping and operation of the proposed project on the impacts on historic properties (440 feet of aboveground, and 370 under these general headings: and summarize the status of feet of below ground); • Geology and soils; consultations under section 106. Æ uprating a Mars 100 natural gas- • water resources and wetlands; Environmental Mailing List fired turbine compressor unit from • vegetation and wildlife; 12,000 hp to 15,900 hp; • threatened and endangered species; The environmental mailing list Æ placing an existing 12,000 hp • cultural resources; includes federal, state, and local reciprocating compressor on • land use; government representatives and standby; and • air quality and noise; agencies; elected officials; Æ abandoning in place an existing • public safety; and environmental and public interest reciprocating compressor. • cumulative impacts. groups; Native American Tribes; other • Construction of a new 23,470 hp interested parties; and local libraries Commission staff will also evaluate and newspapers. This list also includes greenfield compressor station reasonable alternatives to the proposed (Mermentau Compressor Station) in all affected landowners (as defined in project or portions of the project, and the Commission’s regulations) who are Jefferson Davis Parish, Louisiana. make recommendations on how to The compressor station would potential right-of-way grantors, whose lessen or avoid impacts on the various property may be used temporarily for include: resource areas. Æ One 23,470 hp Solar Turbine Titan project purposes, or who own homes The EA will present Commission 130 natural gas-fired turbine within certain distances of aboveground staffs’ independent analysis of the compressor, filter separators, fuel facilities, and anyone who submits issues. The EA will be available in gas heater, gas cooling bays, 3,506 comments on the project. Commission electronic format in the public record feet of associated piping (1,406 feet staff will update the environmental through eLibrary 4 and the of aboveground piping, and 2,100 mailing list as the analysis proceeds to Commission’s website (https:// feet of below ground piping) and ensure that Commission notices related www.ferc.gov/industries/gas/enviro/ related appurtenant facilities. to this environmental review are sent to eis.asp). If eSubscribed, you will receive • all individuals, organizations, and Restaging the existing Dresser-Rand instant email notification when the EA compressor unit, and installing 42 government entities interested in and/or is issued. The EA may be issued for an potentially affected by the proposed feet of aboveground piping at the allotted public comment period. Grand Chenier Compressor Station project. Commission staff will consider all If the Commission issues the EA for in Cameron Parish, Louisiana; and comments on the EA before making • Modifications of the Mermentau River an allotted public comment period, a recommendations to the Commission. Notice of Availability of the EA will be GCX Meter Station under ANR’s To ensure Commission staff have the blanket certificate (CP82–480–000), sent to the environmental mailing list opportunity to address your comments, and will provide instructions to access including the installation of an please carefully follow the instructions additional meter run and related the electronic document on the FERC’s in the Public Participation section, website (www.ferc.gov). If you need to appurtenant facilities in order to beginning on page [2]. increase the delivery capability make changes to your name/address, or With this notice, the Commission is if you would like to remove your name from 700million cubic feet per day asking agencies with jurisdiction by law to 1.1 billion cubic feet per day. from the mailing list, please return the and/or special expertise with respect to attached ‘‘Mailing List Update Form’’ The general location of the project the environmental issues of this project 3 (appendix 2). facilities is shown in appendix 1. to formally cooperate in the preparation Land Requirements for Construction of the EA.5 Agencies that would like to Additional Information request cooperating agency status Additional information about the Construction of the project would should follow the instructions for filing require about 70.7 acres of land during project is available from the comments provided under the Public Commission’s Office of External Affairs, construction. Permanent (operational) Participation section of this notice. impacts associated with the installation at (866) 208–FERC, or on the FERC of proposed aboveground facilities Consultation Under Section 106 of the website at www.ferc.gov using the would total about 16.5 acres associated National Historic Preservation Act eLibrary link. Click on the eLibrary link, with foundations or impervious surfaces click on General Search and enter the In accordance with the Advisory docket number in the Docket Number Council on Historic Preservation’s 3 The appendices referenced in this notice will field, excluding the last three digits (i.e., not appear in the Federal Register. Copies of implementing regulations for section appendices were sent to all those receiving this 6 The Advisory Council on Historic Preservation’s notice in the mail and are available at www.ferc.gov 4 For instructions on connecting to eLibrary, refer regulations are at Title 36, Code of Federal using the link called ‘‘eLibrary’’ or from the to the last page of this notice. Regulations, Part 800. Those regulations define Commission’s Public Reference Room, 888 First 5 The Council on Environmental Quality historic properties as any prehistoric or historic Street NE, Washington, DC 20426, or call (202) 502– regulations addressing cooperating agency district, site, building, structure, or object included 8371. For instructions on connecting to eLibrary, responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register refer to the last page of this notice. Regulations, Part 1501.6. of Historic Places.
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CP20–8). Be sure you have selected an Filed Date: 12/4/19. Accession Number: 20191205–5109. appropriate date range. For assistance, Accession Number: 20191204–5182. Comments Due: 5 p.m. ET 12/26/19. please contact FERC Online Support at Comments Due: 5 p.m. ET 12/26/19. Docket Numbers: ER20–527–000. [email protected] or (866) Docket Numbers: ER20–520–000. Applicants: California Independent 208–3676, or for TTY, contact (202) Applicants: Midcontinent System Operator Corporation. 502–8659. The eLibrary link also Independent System Operator, Inc., Description: Tariff Cancellation: provides access to the texts of all formal GridLiance Heartland LLC. 2019–12–05 Notice of Cancellation EIM documents issued by the Commission, Description: § 205(d) Rate Filing: Implement. Agmt—Portland Gen. such as orders, notices, and 2019–12–05_GridLiance Heartland Rate Electric to be effective 2/4/2020. rulemakings. Mitigation Credits filing to be effective Filed Date: 12/5/19. Public sessions or site visits will be 12/31/9998. Accession Number: 20191205–5114. posted on the Commission’s calendar Filed Date: 12/5/19. Comments Due: 5 p.m. ET 12/26/19. located at www.ferc.gov/EventCalendar/ Accession Number: 20191205–5002. Docket Numbers: ER20–528–000. EventsList.aspx along with other related Comments Due: 5 p.m. ET 12/26/19. Applicants: Lincoln Power, L.L.C. information. Docket Numbers: ER20–521–000. Description: Baseline eTariff Filing: Dated: December 5, 2019. Applicants: The Connecticut Light MBR Application to be effective 2/4/ Nathaniel J. Davis, Sr., and Power Company. 2020. Deputy Secretary. Description: § 205(d) Rate Filing: CPV Filed Date: 12/5/19. [FR Doc. 2019–26661 Filed 12–10–19; 8:45 am] Towantic Preliminary Engineering and Accession Number: 20191205–5119. BILLING CODE 6717–01–P Design Agreement to be effective 12/5/ Comments Due: 5 p.m. ET 12/26/19. 2019. The filings are accessible in the Filed Date: 12/5/19. Commission’s eLibrary system by DEPARTMENT OF ENERGY Accession Number: 20191205–5012. clicking on the links or querying the Comments Due: 5 p.m. ET 12/26/19. docket number. Federal Energy Regulatory Docket Numbers: ER20–522–000. Any person desiring to intervene or Commission Applicants: AEP Texas Inc. protest in any of the above proceedings Description: § 205(d) Rate Filing: must file in accordance with Rules 211 Combined Notice of Filings #1 AEPTX–LCRA TSC Bakersfield-Solstice and 214 of the Commission’s Take notice that the Commission FDA to be effective 11/17/2019. Regulations (18 CFR 385.211 and received the following electric rate Filed Date: 12/5/19. 385.214) on or before 5:00 p.m. Eastern filings: Accession Number: 20191205–5016. time on the specified comment date. Comments Due: 5 p.m. ET 12/26/19. Docket Numbers: ER10–2607–006; Protests may be considered, but ER10–2626–005. Docket Numbers: ER20–523–000. intervention is necessary to become a Applicants: Old Dominion Electric Applicants: Portland General Electric party to the proceeding. Cooperative, TEC Trading, Inc. Company. eFiling is encouraged. More detailed Description: Triennial Market Power Description: Compliance filing: Show information relating to filing Update of the ODEC Entities. Cause Compliance Filing to be effective requirements, interventions, protests, Filed Date: 12/4/19. 3/21/2018. service, and qualifying facilities filings Accession Number: 20191204–5173. Filed Date: 12/5/19. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 2/3/20. Accession Number: 20191205–5017. docs-filing/efiling/filing-req.pdf. For Docket Numbers: ER20–517–000. Comments Due: 5 p.m. ET 12/26/19. other information, call (866) 208–3676 Applicants: Crooked Run Solar, LLC. Docket Numbers: ER20–524–000. (toll free). For TTY, call (202) 502–8659. Description: Baseline eTariff Filing: Applicants: San Diego Gas & Electric Dated: December 5, 2019. Application for Market-Based Rate Company. Nathaniel J. Davis, Sr., Authority and Request for Waivers, et Description: § 205(d) Rate Filing: 2020 Deputy Secretary. SDGE TACBAA Update to Transmission al. to be effective 12/5/2019. [FR Doc. 2019–26664 Filed 12–10–19; 8:45 am] Owner Tariff Filing to be effective 1/1/ Filed Date: 12/4/19. BILLING CODE 6717–01–P Accession Number: 20191204–5170. 2020. Comments Due: 5 p.m. ET 12/26/19. Filed Date: 12/5/19. Docket Numbers: ER20–518–000. Accession Number: 20191205–5020. Comments Due: 5 p.m. ET 12/26/19. ENVIRONMENTAL PROTECTION Applicants: Midcontinent AGENCY Independent System Operator, Inc. Docket Numbers: ER20–525–000. Description: § 205(d) Rate Filing: Applicants: PacifiCorp. [EPA–HQ–OPP–2019–0045; FRL–10002–31] 2019–12–05_SA 3269 OTP–Tatanka Description: § 205(d) Rate Filing: Ridge Wind 1st Rev GIA (J493) to be Avista Construction Agmt—Saddle Mtn Pesticide Product Registration; effective 11/20/2019. to be effective 12/6/2019. Receipt of Applications for New Uses Filed Date: 12/5/19. Filed Date: 12/5/19. AGENCY: Environmental Protection Accession Number: 20191205–5000. Accession Number: 20191205–5027. Agency (EPA). Comments Due: 5 p.m. ET 12/26/19. Comments Due: 5 p.m. ET 12/26/19. ACTION: Notice. Docket Numbers: ER20–519–000; Docket Numbers: ER20–526–000. TS20–2–000. Applicants: California Independent SUMMARY: EPA has received applications Applicants: Wilderness Line System Operator Corporation. to register new uses for pesticide Holdings, LLC. Description: Tariff Cancellation: products containing currently registered Description: Request for Waivers of 2019–12–05 Notice of Cancellation EIM active ingredients. Pursuant to the the Standards of Conduct and Order Implementation Agreement—Idaho Federal Insecticide, Fungicide, and Nos. 889 and 1000 Requirements of Power Co. to be effective 2/4/2020. Rodenticide Act (FIFRA), EPA is hereby Wilderness Line Holdings, LLC. Filed Date: 12/5/19. providing notice of receipt and
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opportunity to comment on these B. What should I consider as I prepare Ingredient: Indoxacarb. Product Type: applications. my comments for EPA? Insecticide. Proposed Uses: Nut, tree, DATES: Comments must be received on 1. Submitting CBI. Do not submit this group 14–12 and nut, almond, hulls. or before January 10, 2020. information to EPA through Contact: RD. 4. EPA Registration Number or File ADDRESSES: Submit your comments, regulations.gov or email. Clearly mark Symbol: 352–841. Docket ID number: identified by the docket identification the part or all of the information that EPA–HQ–OPP–2019–0585. Applicant: (ID) number and the File Symbol of the you claim to be CBI. For CBI E.I. DuPont de Nemours & Company, EPA registration number of interest as information in a disk or CD–ROM that Chestnut Run Plaza, 974 Centre Road, shown in the body of this document, by you mail to EPA, mark the outside of the Wilmington, DE 19805. Active one of the following methods: disk or CD–ROM as CBI and then Ingredient: Chlorantraniprole. Product • Federal eRulemaking Portal: http:// identify electronically within the disk or Type: Insecticide. Proposed Use: Seed www.regulations.gov. Follow the online CD–ROM the specific information that treatment on wheat and triticale. instructions for submitting comments. is claimed as CBI. In addition to one Contact: RD. Do not submit electronically any complete version of the comment that 5. EPA File Symbol: 432–1545. Docket information you consider to be includes information claimed as CBI, a ID number: EPA–HQ–OPP–2019–0517. Confidential Business Information (CBI) copy of the comment that does not Applicant: Bayer CropScience, 2 T.W. or other information whose disclosure is contain the information claimed as CBI Alexander Drive, Research Triangle restricted by statute. must be submitted for inclusion in the Park, NC 27709. Product Name: • Mail: OPP Docket, Environmental public docket. Information so marked Aminocyclopyrachlor Technical. Active Protection Agency Docket Center (EPA/ will not be disclosed except in Ingredient: Aminocyclopyrachlor DC), (28221T), 1200 Pennsylvania Ave. accordance with procedures set forth in 91.2%. Product Type: Herbicide. NW, Washington, DC 20460–0001. 40 CFR part 2. • Hand Delivery: To make special Proposed Use: Rangeland. Contact: RD. 2. Tips for preparing your comments. 6. EPA File Symbol: 432–1582. Docket arrangements for hand delivery or When preparing and submitting your ID number: EPA–HQ–OPP–2019–0517. delivery of boxed information, please comments, see the commenting tips at Applicant: Bayer CropScience, 2 T.W. follow the instructions at https:// https://www.epa.gov/dockets/ Alexander Drive, Research Triangle www.epa.gov/dockets/where-send- commenting-epa-dockets. Park, NC 27709. Product Name: Invora comments-epa-dockets. Additional instructions on II. Registration Applications VM Herbicide. Active Ingredients: Aminocyclopyrachlor 10.8% and commenting or visiting the docket, EPA has received applications to along with more information about Triclopyr 20.4%. Product Type: register new uses for pesticide products Herbicide. Proposed Use: Rangeland. dockets generally, is available at https:// containing currently registered active www.epa.gov/dockets/about-epa- Contact: RD. ingredients. Pursuant to the provisions 7. EPA Registration Numbers: 71512– dockets. of FIFRA section 3(c)(4) (7 U.S.C. 7, 71512–9, 71512–10 and 71512–14. FOR FURTHER INFORMATION CONTACT: 136a(c)(4)), EPA is hereby providing Docket ID number: EPA–HQ–OPP– Michael Goodis, Registration Division notice of receipt and opportunity to 2019–0250. Applicant: IR–4, Rutgers, (7505P), main telephone number: (703) comment on these applications. Notice The State University of New Jersey, 500 305–7090, email address: of receipt of these applications does not College Road East, Suite 201 W, [email protected]. The mailing imply a decision by the Agency on these Princeton, NJ 08540. Active Ingredient: address for each contact person is: applications. Flonicamid. Product Type: Insecticide. Office of Pesticide Programs, A. New Uses Proposed Use: Leafy greens subgroup 4– Environmental Protection Agency, 1200 16A, except spinach. Contact: RD. Pennsylvania Ave, NW, Washington, DC 1. EPA Registration Numbers: 241– 8. EPA Registration Numbers: 7969– 20460–0001. As part of the mailing 366 and 241–374. Docket ID number: 335, 7969–336 and 7969–337. Docket ID address, include the contact person’s EPA–HQ–OPP–2018–0783. Applicant: number: EPA–HQ–OPP–2019–0046. name, division, and mail code. The Interregional Research Project #4 (IR–4), Applicant: IR–4, Rutgers, The State division to contact is listed at the end Rutgers, The State University of New University of New Jersey, 500 College of each application summary. Jersey, 500 College Road East, Suite 201 Road East, Suite 201 W, Princeton, NJ SUPPLEMENTARY INFORMATION: W, Princeton, NJ 08540. Active 08540. Active Ingredient: Cyflumetofen. I. General Information Ingredient: Chlorfenapyr. Product Type: Product Type: Insecticide. Proposed Insecticide. Proposed Uses: Basil, fresh Uses: Cucumber; fruit, stone, group 12– A. Does this action apply to me? leaves; chive, fresh leaves; and 12; plum, prune, dried; vegetable, You may be potentially affected by vegetable, fruiting, group 8–10. Contact: fruiting, group 8–10; and strawberry. this action if you are an agricultural RD. Contact: RD. producer, food manufacturer, or 2. EPA Registration Numbers: 279– 9. EPA Registration Numbers: 7969– pesticide manufacturer. The following 3055, 279–3302, 279–3467, 279–3473, 390 and 7969–391. Docket ID number: list of North American Industrial 279–3632. Docket ID number: EPA–HQ– EPA–HQ–OPP–2016–0416. Applicant: Classification System (NAICS) codes is OPP–2019–0560. Applicant: FMC BASF Corporation, 26 Davis Drive, P.O. not intended to be exhaustive, but rather Corporation, 2929 Walnut Street, Box 13528, Research Triangle Park, provides a guide to help readers Philadelphia, PA 19104. Active North Carolina 27709–3528. Active determine whether this document Ingredient: Bifenthrin. Product Type: Ingredient: Afidopyropen. Product applies to them. Potentially affected Insecticide. Proposed Use: Sunflower Type: Insecticide. Proposed Uses: entities may include: (crop subgroup 20B). Contact: RD. Alfalfa seed; animal feed, non-grass, • Crop production (NAICS code 111). 3. EPA Registration Numbers: 279– group 18, forage; animal feed, non-grass, • Animal production (NAICS code 9597 and 279–9629. Docket ID number: group 18, hay; animal feed, non-grass, 112). EPA–HQ–OPP–2019–0384. Applicant: group 18, straw; egg; grain, aspirated • Food manufacturing (NAICS code FMC Corporation, 2929 Walnut Street, fractions; grass, forage, fodder and hay, 311). Philadelphia, PA 19104. Active group 17; poultry, meat byproducts;
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sorghum, grain, grain; sorghum, grain, [email protected], Fax (202) (Request for Dispute Resolution forage; sorghum, grain, stover; sorghum, 395–6974, and to: Karen V. Gregory, Service—Cruise). When requested by sweet, grain; sorghum, sweet, forage; Managing Director, Office of the the public and the regulated industry, sorghum, sweet, stalk; sorghum, sweet, Managing Director, Federal Maritime the FMC, through CADRS, provides stover; soybean, forage; soybean, hay; Commission, 800 North Capitol Street ombuds and mediation services to assist cattle, meat; cattle, meat byproducts; NW, Washington, DC 20573, Telephone: parties in resolving passenger vessel goat, meat; goat, meat byproducts; hog, (202) 523–5800, [email protected]. (cruise) disputes without resorting to meat; hog, meat byproducts; horse, FOR FURTHER INFORMATION CONTACT: A litigation or administrative adjudication. meat; horse, meat byproducts; milk; copy of the submission may be obtained These functions focus on addressing sheep, meat; and sheep, meat by contacting Donna Lee on 202–523– issues that members of the regulated byproducts. Contact: RD. 5800 or email: [email protected]. industry and the public may encounter 10. EPA Registration Numbers: 7969– SUPPLEMENTARY INFORMATION: Pursuant at any stage of a commercial or customer 390 and 7969–393. Docket ID number: to the Paperwork Reduction Act of 1995 dispute. In order to provide its ombuds EPA–HQ–OPP–2019–0101. Applicant: (Pub. L. 104–13), the Commission and mediation services, CADRS needs IR–4, Rutgers, The State University of invites the general public and other certain identifying information about New Jersey, 500 College Road East, Federal agencies to comment on a the involved parties and nature of the Suite 201 W, Princeton, NJ 08540. proposed information collection. On dispute. In response to requests for Active Ingredient: Afidopyropen. May 16, 2019, the Commission assistance from the public, CADRS Product Type: Insecticide. Proposed published a 60-day notice and request requests this information from parties Uses: Strawberry and Vegetable, for comments in the Federal Register seeking its assistance. The collection fruiting, group 8–10. Contact: RD. (84 FR 22122) on a revision to the and use of this information on a cruise 11. EPA Registration Number: 10163– information collection for requests for dispute is integral to CADRS staff’s 337. Docket ID number: EPA–HQ–OPP– dispute resolution services submitted to ability to efficiently review the matter 2017–0155. Applicant: Gowan its Office of Consumer Affairs and and provide assistance. Aggregated Company, LLC, P.O. Box 556, Yuma, AZ Dispute Resolution Services (CADRS). information may be used for statistical 85366. Active Ingredient: Hexythiazox. The Commission received no comments purposes. Product Type: Insecticide. Proposed on the request for revision. The The proposed revision to Form FMC– Uses: Date, dried fruit and caneberry Commission specifically solicits 32 would add a request for booking or crop subgroup 13–07A. Contact: RD. information relevant to the following ticket contract number and would Authority: 7 U.S.C. 136 et seq. topics: (1) Whether the collection of remove a request to indicate whether Dated: November 18, 2019. information described below is the cruise ended at a U.S. port. necessary for the proper performance of As required by the Administrative Delores Barber, the Commission’s functions, including Dispute Resolution Act (ADRA), 5 Director, Information Technology and whether the information would have U.S.C. 571 et seq., the information Resources Management Division, Office of Pesticide Programs. practical utility; (2) whether the contained in these forms is treated as estimated burden of the proposed confidential and subject to the same [FR Doc. 2019–26670 Filed 12–10–19; 8:45 am] collection of information is accurate; (3) confidentiality provisions as BILLING CODE 6560–50–P whether the quality, utility, and clarity administrative dispute resolutions of the information to be collected could pursuant to 5 U.S.C. 574. Except as be enhanced; and (4) whether the specifically set forth in 5 U.S.C. 574, FEDERAL MARITIME COMMISSION burden imposed by the collection of neither CADRS staff nor the parties to a Agency Information Collection information could be minimized by use dispute resolution shall disclose any Activites; Information Collection of automated, electronic, or other forms informal dispute resolution Request of information technology. communication. Information Collection Open for This information collection is subject AGENCY: Federal Maritime Commission. Comment to the Paperwork Reduction Act (PRA). ACTION: Notice. The FMC may not conduct or sponsor Title: Request for Dispute Resolution a collection of information, and the SUMMARY: The Federal Maritime Service. public is not required to respond to an Commission (Commission) is giving OMB Control Number: 3072–0072. information collection, unless it is public notice that the agency has Type of Review: Information approved by the OMB under the PRA submitted a revision to the information Collection Revision. and displays a currently valid OMB Frequency of Response: On occasion. collection described in this notice, to Control Number. In addition, the Office of Management and Budget Respondents/Affected Public: Companies or individuals seeking notwithstanding any other provisions of (OMB) for approval. The public is law, no person shall be subject to invited to comment on the revised ombuds or mediation assistance from the Federal Maritime Commission’s penalty for failing to comply with a information collection pursuant to the collection of information that does not Paperwork Reduction Act of 1995. Office of Consumer Affairs and Dispute Resolution Services. display a valid Control Number. See 5 DATES: Written comments must be Estimated Total Number of Potential CFR 1320.5(a) and 1320.6. As required submitted at the addresses below on or Annual Responses: 500. by ADRA, 5 U.S.C. 571–574, the before January 10, 2020. Estimated Total Number of Responses information contained in these forms is ADDRESSES: Comments should be for each Respondent: 1. treated as confidential and subject to the addressed to: Office of Information and Estimated Total Annual Burden same confidentiality provisions as Regulatory Affairs, Office of Hours per Response: 15 minutes. administrative dispute resolutions Management and Budget, Attention: Total Estimated Number of Annual pursuant to 5 U.S.C. 574. Except as Desk Officer for Federal Maritime Burden Hours: 125. specifically set forth in 5 U.S.C. 574, Commission, 725 17th Street NW, Abstract: This is a revision to the neither CADRS staff nor the parties to a Washington, DC 20503, OIRA_ currently-approved FMC Form-32 dispute resolution shall disclose any
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informal dispute resolution The full text of the complaint can be OFFICE OF GOVERNMENT ETHICS communication. found in the Commission’s Electronic Agency Information Collection Authority: 46 U.S.C. 40101 et seq. Reading Room at https://www2.fmc.gov/ readingroom/proceeding/19-09/. Activities; Proposed Collection; Rachel Dickon, Comment Request for Modified This proceeding has been assigned to Secretary. Qualified Trust Model Certificates and Office of Administrative Law Judges. [FR Doc. 2019–26678 Filed 12–10–19; 8:45 am] Model Trust Documents The initial decision of the presiding BILLING CODE 6731–AA–P office in this proceeding shall be issued AGENCY: Office of Government Ethics by December 4, 2020, and the final (OGE). FEDERAL MARITIME COMMISSION decision of the Commission shall be ACTION: Notice of request for agency and issued by May 18, 2021. public comments. [Docket No. 19–09] Rachel Dickon, SUMMARY: The U.S. Office of Secretary. Government Ethics (OGE) is publishing VerTerra Ltd., Complainant v. D.B. [FR Doc. 2019–26653 Filed 12–10–19; 8:45 am] this second round notice to request Group America Ltd. and D.B. Group comment regarding its intent to submit India Ltd., Respondents.; Notice of BILLING CODE P modified versions of the 12 OGE model Filing of Complaint and Assignment certificates and model documents for Served: December 4, 2019. FEDERAL MARITIME COMMISSION qualified trusts to the Office of Management and Budget (OMB) for Notice is given that a complaint has Notice of Agreements Filed review and approval under the been filed with the Federal Maritime Paperwork Reduction Act of 1995. Commission (Commission) by VerTerra The Commission hereby gives notice DATES: Written comments by the public Ltd., hereinafter ‘‘Complainant’’, against of the filing of the following agreement and the agencies on this proposed D.B. Group America Ltd. and D.B. under the Shipping Act of 1984. extension are invited and must be Group India Ltd., hereinafter Interested parties may submit comments received on or before January 10, 2020. ‘‘Respondents’’. Complainant states that on the agreement to the Secretary by ADDRESSES: You may submit comments it ‘‘. . . is in the business of creating email at [email protected], or by mail, on this notice to the Office of and selling environmentally sustainable Management and Budget, Attn: Desk and disposable dinnerware constructed Federal Maritime Commission, Washington, DC 20573, within twelve Officer for OGE, via fax at 202–395– from fallen palm leaves’’ and is _ days of the date this notice appears in 6974 or email at OIRA Submission@ principally located in the New York omb.eop.gov. City area. Complainant states that the Federal Register. Copies of Respondent D.B. Group America Ltd. is agreements are available through the FOR FURTHER INFORMATION CONTACT: a New York limited company and an Commission’s website (www.fmc.gov) or Jennifer Matis at the U.S. Office of NVOCC licensed by the Federal by contacting the Office of Agreements Government Ethics; telephone: 202– Maritime Commission. Complainant at (202)–523–5793 or tradeanalysis@ 482–9216; TTY: 800–877–8339; FAX: states that Respondent D.B. Group India fmc.gov. 202–482–9237; Email: [email protected]. Copies of the model documents as Ltd. is an NVOCC licensed by the Agreement No.: 201326. Federal Maritime Commission. currently approved are available on Agreement Name: Sallaum Lines/ Complainant states that Respondent OGE’s website, www.oge.gov. Electronic NYK Space Charter Agreement. D.B. Group America Ltd. ‘‘. . . handled copies of these documents may also be approximately 293 discreet shipping Parties: Nippon Yusen Kaisha and obtained, without charge, by contacting jobs for [Complainant].’’ Complainant Sallaum Lines DMCC. Ms. Matis. alleges that Respondents provided SUPPLEMENTARY INFORMATION: Filing Party: Kristen Chung; NYK Line Title: Executive Branch Qualified service that was not in accordance with (North America) Inc. any published tariff or reflected in any Trust Documents. NSA or NRA between the parties. Synopsis: This Agreement authorizes OMB Control Number: 3209–0007. Type of Information Collection: Complainant also alleges that D.B. the Parties to charter space to/from one Revision of a currently approved Group America Ltd. ‘‘. . . had been another for carriage of vehicles or other Ro/Ro cargo in the trade between the collection. charging substantially more than it had Type of Review Request: Regular. represented would be the cost of these U.S. East and Gulf Coasts and ports in Europe. Respondents: Any current or shipments’’ in 2018. Complainant prospective executive branch officials alleges that ‘‘. . .bills of lading reflect Proposed Effective Date: 12/5/2019. who seek to establish or have that [Respondent D.B. Group America Location: https://www2.fmc.gov/ established a qualified blind or Ltd.], through [Respondent D.B. Group FMC.Agreements.Web/Public/ diversified trust under the Ethics in India Ltd.], was applying ‘surcharges’ AgreementHistory/26450. Government Act of 1978 as a means to and General Rate Increases to the fees it avoid conflicts of interest while in was charging [Complainant], when these Dated: December 6, 2019. office. surcharges were not applicable and not Rachel E. Dickon, Estimated Average Annual Number of referenced in its tariff.’’ Secretary. Respondents: 2. Complainant alleges that Respondents [FR Doc. 2019–26677 Filed 12–10–19; 8:45 am] Total Estimated Time per Response: violated 46 U.S.C. 41104, 41104(a), BILLING CODE P 20 minutes to 100 hours (see table 41104(a)(2), 41104(a)(3), 41104(a)(4), below for detailed explanation). 41104(a)(5), 40501 and 40502. Estimated Average Total Annual Complainant alleges it ‘‘incurred Burden: 120 hours. damages in excess of $100,000’’ and Abstract: OGE is the supervising seeks reparations and other relief. ethics office for the executive branch of
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the Federal Government under the Government Act, 5 U.S.C. app. § 102(f), model certificates and model trust Ethics in Government Act of 1978 and OGE’s implementing financial documents are utilized by settlors, (EIGA). Accordingly, OGE administers disclosure regulations at subpart D of 5 trustees, and other fiduciaries in the qualified trust program for the CFR part 2634. establishing and administering these executive branch. Presidential nominees In order to ensure that all applicable qualified trusts. OGE plans to submit to executive branch positions subject to requirements are met, OGE is the these model certificates and model trust Senate confirmation and any other sponsoring agency for 12 model documents (described in detail in the executive branch officials may seek OGE certificates and model trust documents table below) to OMB for renewed approval for EIGA-qualified blind or for qualified blind and diversified approval pursuant to the Paperwork diversified trusts as one means to be trusts. See 5 CFR 2634.402(e)(3), Reduction Act of 1995, 44 U.S.C. used to avoid conflicts of interest. The 2634.402(f)(3), 2634.404(e)–(g), chapter 35. requirements for EIGA-qualified blind 2634.405(d)(2), 2634.407(a); and diversified trusts are set forth in 2634.408(b)(1)–(3), 2634.408(d)(4), The 12 model documents, along with section 102(f) of the Ethics in 2634.409, and 2634.414. The various their burden estimates, are as follows:
Estimated burden
Model qualified trust documents
(A) Blind Trust Communications (Expedited Procedure for Securing Approval of Proposed Communica- 20 minutes per communication. tions). (B) Model Qualified Blind Trust Provisions ...... 100 hours per model. (C) Model Qualified Diversified Trust Provisions ...... 100 hours per model. (D) Model Qualified Diversified Trust Provisions (For Use in the Case of Multiple Fiduciaries) ...... 100 hours per model. (E) Model Qualified Blind Trust Provisions (For Use in the Case of an Irrevocable Pre-Existing Trust) .... 100 hours per model. (F) Hybrid Version of the Model Qualified Diversified Trust Provisions ...... 100 hours per model. (G) Model Qualified Blind Trust Provisions (For Use in the Case of Multiple Fiduciaries) ...... 100 hours per model. (H) Model Qualified Diversified Trust Provisions (For Use in the Case of an Irrevocable Pre-Existing 100 hours per model. Trust). (I) Model Confidentiality Agreement Provisions (For Use in the Case of a Privately Owned Business) .... 2 hours per agreement. (J) Model Confidentiality Agreement Provisions (For Use in the Case of Investment Management Activi- 2 hours per agreement. ties).
Model trust certificates
(K) Certificate of Independence ...... 20 minutes per certificate. (L) Certificate of Compliance ...... 20 minutes per certificate.
These estimates are based on the one respondent establishing a qualified documents and the confidentiality amount of time imposed on professional trust and one respondent maintaining a agreements (items (A), (I) and (J) on the trust administrators or private previously established qualified trust. table above), once completed, will not representatives. OGE notes that only one Based on the above, OGE estimates an be available to the public because they set of the various model trust provisions average annual time burden during the contain sensitive, confidential (items (B) through (H)) will be prepared next three years of 120 hours. Using an information. The other completed for a single qualified trust, and only estimated rate of $300 per hour for the certificates and documents (except for prior to the establishment of that services of a professional trust any trust provisions that relate to the qualified trust. Likewise, other model administrator or private representative, testamentary disposition of trust assets) documents listed above are used in the estimated annual cost burden is are retained and made publicly connection with establishing the $36,000. available based upon a proper request qualified trust (items (I), (J), and (K)). Under OMB’s implementing under section 105 of the EIGA until the The remaining model documents are regulations for the Paperwork Reduction periods for retention of all other reports used after the trust’s creation (items (A) Act, any recordkeeping, reporting, or (usually the OGE Form 278 Public and (L)). Accordingly, OGE notes that disclosure requirement contained in a Financial Disclosure Reports) of the the majority of the time burden for any rule of general applicability is deemed individual establishing the trust have given trust is imposed during the to involve ten or more persons. See 5 lapsed (generally six years after the creation of the trust. CFR 1320.3(c)(4)(i). Therefore, OGE filing of the last report). See 5 U.S.C. At the present time, there are no intends to submit, after this first round app. 105; 5 CFR 2634.603(g)(2). The active qualified trusts in the executive notice and comment period, all 12 information collected with these model branch. However, OGE anticipates qualified trust model certificates and trust certificates and model trust possible limited use of these model model documents described above (all documents is part of the OGE/GOVT–1 documents during the forthcoming of which are included under OMB Governmentwide Privacy Act system of three-year period. OGE estimates that paperwork control number 3209–0007) records. there may be an average of one for a three-year extension of approval. In seeking an extension of approval, individual per year who initiates a At that time, OGE will publish a second OGE is proposing several qualified trust using these model notice in the Federal Register to inform nonsubstantive changes to the 12 documents during calendar years 2020 the public and the agencies. qualified trust certificates and model through 2022. OGE has accordingly OGE is committed to making ethics documents. estimated the average annual number of records publicly available to the extent First, OGE proposes removing all respondents to be two, which represents possible. The communications references to Appendices A and B of 5
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CFR part 2634 because these references Approved: December 5, 2019. Reporting Associated With Designated are no longer applicable. The Emory Rounds, New Animal Drugs for Minor Use and appendices, which contained the model Director, Office of Government Ethics. Minor Species—21 CFR Part 516 Certificate of Independence and model [FR Doc. 2019–26605 Filed 12–10–19; 8:45 am] OMB Control Number 0910–0605— Certificate of Compliance (items (K) and BILLING CODE 6345–03–P Extension (L), respectively, on the table above), were eliminated as part of recent The Minor Use and Minor Species (MUMS) Act (Pub. L. 108–282) amended changes made by OGE to the Executive the Federal Food, Drug, and Cosmetic Branch Financial Disclosure, Qualified DEPARTMENT OF HEALTH AND Act to authorize FDA to establish new Trusts, and Certificates of Divestiture HUMAN SERVICES regulatory procedures intended to make regulation at 5 CFR part 2634. The more medications legally available to changes went into effect on January 1, Food and Drug Administration veterinarians and animal owners for the 2019. The information previously found treatment of minor animal species as in Appendix B is available on [Docket No. FDA–2016–N–2474] well as uncommon diseases in major www.oge.gov. animal species. This legislation Second, OGE proposes removing all Agency Information Collection provides incentives designed to help references to facsimile as the best means Activities; Submission for Office of pharmaceutical companies overcome of communication and replacing it with Management and Budget Review; the financial burdens they face in email. Comment Request; Reporting providing limited-demand animal Third, with regard to the model Associated With Designated New drugs. These incentives are only available to sponsors whose drugs are communications (item (A) in the table Animal Drugs for Minor Use and Minor ‘‘MUMS-designated’’ by FDA. Minor use above), OGE proposes to update the Species drugs are drugs for use in major species dates in the sample documents to make (e.g., cattle, horses, swine, chickens, them more contemporary. AGENCY: Food and Drug Administration, HHS. turkeys, dogs, and cats) that are needed Fourth, OGE proposes to add one for diseases that occur in only a small sentence to the Privacy Act statements ACTION: Notice. number of animals either because they to better notify users of the occur infrequently or in limited consequences of not providing the SUMMARY: The Food and Drug geographic areas. Minor species are all requested information. Administration (FDA) is announcing animals other than the major species Fifth, OGE proposes to make a few that a proposed collection of (e.g., zoo animals, ornamental fish, minor formatting corrections and to fix information has been submitted to the parrots, ferrets, and guinea pigs). Some a typographical error in the Privacy Act Office of Management and Budget animals of agricultural importance are statements. (OMB) for review and clearance under also minor species. These include the Paperwork Reduction Act of 1995. animals such as sheep, goats, catfish, Sixth, OGE proposes to update the and honeybees. Participation in the Privacy Act statement in accordance DATES: Fax written comments on the MUMS program is completely optional with recent changes made to the OGE/ collection of information by January 10, for drug sponsors, so the associated GOVT–1 system of records, covering 2020. reporting only applies to those sponsors Executive Branch Personnel Public ADDRESSES: To ensure that comments on who request and are subsequently Financial Disclosure Reports and Other the information collection are received, granted ‘‘MUMS designation.’’ Name-Retrieved Ethics Program Our regulations in 21 CFR part 516 OMB recommends that written Records. The changes were effective on specify the criteria and procedures for comments be faxed to the Office of November 8, 2019. requesting MUMS designation as well as Information and Regulatory Affairs, the annual reporting requirements for On September 25, 2019, OGE OMB, Attn: FDA Desk Officer, Fax: 202– published a first round notice of its _ MUMS designees. Section 516.20 395–7285, or emailed to oira provides requirements on the content intent to request approval for the [email protected]. All modified model trust certificates and and format of a request for MUMS-drug comments should be identified with the designation; § 516.26 provides trust documents under the Paperwork OMB control number 0910–0605. Also Reduction Act. See 84 FR 50449. OGE requirements for amending MUMS-drug include the FDA docket number found received no responses to that notice. designation; § 516.27 provides for in brackets in the heading of this change in sponsorship of MUMS-drug Request for Comments: Agency and document. designation; § 516.29 provides for public comment is again invited termination of MUMS-drug designation; specifically on the need for and FOR FURTHER INFORMATION CONTACT: § 516.30 contains the requirements for practical utility of this information Amber Sanford, Office of Operations, annual reports from sponsor(s) of collection, the accuracy of OGE’s Food and Drug Administration, Three MUMS-designated drugs; and § 516.36 burden estimate, the enhancement of White Flint North, 10A–12M, 11601 sets forth consequences for insufficient quality, utility, and clarity of the Landsdown St., North Bethesda, MD quantities of MUMS-designated drugs. information collected, and the 20852, 301–796–8867, PRAStaff@ Description of Respondents: The minimization of burden (including the fda.hhs.gov. respondents to this information use of information technology). collection are pharmaceutical Comments received in response to this SUPPLEMENTARY INFORMATION: In companies that sponsor new animal notice will be summarized for, and may compliance with 44 U.S.C. 3507, FDA drugs. be included with, the OGE request for has submitted the following proposed In the Federal Register of June 12, extension of OMB approval. The collection of information to OMB for 2019 (84 FR 27333), FDA published a comments will also become a matter of review and clearance. 60-day notice requesting public public record. comment on the proposed collection of
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information. No comments were FDA estimates the burden of this received. collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING 1
Number of Average 21 CFR Section Number of responses per Total annual burden per Total hours respondents respondent responses response
516.20; content and format of MUMS request ...... 15 5 75 16 1,200 516.26; requirements for amending MUMS designation ..... 3 1 3 2 6 516.27; change in sponsorship ...... 1 1 1 1 1 516.29; termination of MUMS designation ...... 2 1 2 1 2 516.30; requirements of annual reports ...... 15 5 75 2 150 516.36; insufficient quantities ...... 1 1 1 3 3
Total ...... 1,362 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
The burden estimate for this reporting or written comments and ask for a • If you want to submit a comment requirement was derived in our Office redetermination by February 10, 2020. with confidential information that you of Minor Use and Minor Species Animal Furthermore, any interested person may do not wish to be made available to the Drug Development by extrapolating the petition FDA for a determination public, submit the comment as a investigational new animal drug/new regarding whether the applicant for written/paper submission and in the animal drug application reporting extension acted with due diligence manner detailed (see ‘‘Written/Paper requirements for similar actions by this during the regulatory review period by Submissions’’ and ‘‘Instructions’’). same segment of the regulated industry June 8, 2020. See ‘‘Petitions’’ in the Written/Paper Submissions and from previous interactions with the SUPPLEMENTARY INFORMATION section for minor use/minor species community, more information. Submit written/paper submissions as and has not changed since the last OMB ADDRESSES: You may submit comments follows: approval. as follows. Please note that late, • Mail/Hand Delivery/Courier (for Dated: December 2, 2019. untimely filed comments will not be written/paper submissions): Dockets Management Staff (HFA–305), Food and Lowell J. Schiller, considered. Electronic comments must Drug Administration, 5630 Fishers Principal Associate Commissioner for Policy. be submitted on or before February 10, 2020. The https://www.regulations.gov Lane, Rm. 1061, Rockville, MD 20852. [FR Doc. 2019–26682 Filed 12–10–19; 8:45 am] • electronic filing system will accept For written/paper comments BILLING CODE 4164–01–P comments until 11:59 p.m. Eastern Time submitted to the Dockets Management at the end of February 10, 2020. Staff, FDA will post your comment, as well as any attachments, except for DEPARTMENT OF HEALTH AND Comments received by mail/hand information submitted, marked and HUMAN SERVICES delivery/courier (for written/paper submissions) will be considered timely identified, as confidential, if submitted Food and Drug Administration if they are postmarked or the delivery as detailed in ‘‘Instructions.’’ service acceptance receipt is on or Instructions: All submissions received [Docket No. FDA–2018–E–2617] before that date. must include the Docket No. FDA– 2018–E–2617 for ‘‘Determination of Determination of Regulatory Review Electronic Submissions Regulatory Review Period for Purposes Period for Purposes of Patent Submit electronic comments in the of Patent Extension; VABOMERE.’’ Extension; VABOMERE following way: Received comments, those filed in a AGENCY: Food and Drug Administration, • Federal eRulemaking Portal: timely manner (see ADDRESSES), will be HHS. https://www.regulations.gov. Follow the placed in the docket and, except for ACTION: Notice. instructions for submitting comments. those submitted as ‘‘Confidential Comments submitted electronically, Submissions,’’ publicly viewable at SUMMARY: The Food and Drug including attachments, to https:// https://www.regulations.gov or at the Administration (FDA or the Agency) has www.regulations.gov will be posted to Dockets Management Staff between 9 determined the regulatory review period the docket unchanged. Because your a.m. and 4 p.m., Monday through for VABOMERE and is publishing this comment will be made public, you are Friday. notice of that determination as required solely responsible for ensuring that your • Confidential Submissions—To by law. FDA has made the comment does not include any submit a comment with confidential determination because of the confidential information that you or a information that you do not wish to be submission of an application to the third party may not wish to be posted, made publicly available, submit your Director of the U.S. Patent and such as medical information, your or comments only as a written/paper Trademark Office (USPTO), Department anyone else’s Social Security number, or submission. You should submit two of Commerce, for the extension of a confidential business information, such copies total. One copy will include the patent which claims that human drug as a manufacturing process. Please note information you claim to be confidential product. that if you include your name, contact with a heading or cover note that states DATES: Anyone with knowledge that any information, or other information that ‘‘THIS DOCUMENT CONTAINS of the dates as published (see the identifies you in the body of your CONFIDENTIAL INFORMATION.’’ The SUPPLEMENTARY INFORMATION section) are comments, that information will be Agency will review this copy, including incorrect may submit either electronic posted on https://www.regulations.gov. the claimed confidential information, in
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its consideration of comments. The with the initial submission of an was initially submitted on December 29, second copy, which will have the application to market the human drug 2016. claimed confidential information product and continues until FDA grants 3. The date the application was redacted/blacked out, will be available permission to market the drug product. approved: August 29, 2017. FDA has for public viewing and posted on Although only a portion of a regulatory verified the applicant’s claim that NDA https://www.regulations.gov. Submit review period may count toward the 209776 was approved on August 29, both copies to the Dockets Management actual amount of extension that the 2017. Staff. If you do not wish your name and Director of USPTO may award (for This determination of the regulatory contact information to be made publicly example, half the testing phase must be review period establishes the maximum available, you can provide this subtracted as well as any time that may potential length of a patent extension. information on the cover sheet and not have occurred before the patent was However, the USPTO applies several in the body of your comments and you issued), FDA’s determination of the statutory limitations in its calculations must identify this information as length of a regulatory review period for of the actual period for patent extension. ‘‘confidential.’’ Any information marked a human drug product will include all In its application for patent extension, as ‘‘confidential’’ will not be disclosed of the testing phase and approval phase this applicant seeks 12 days of patent except in accordance with § 10.20 (21 as specified in 35 U.S.C. 156(g)(1)(B). term extension. FDA has approved for marketing the CFR 10.20) and other applicable III. Petitions disclosure law. For more information human drug product, VABOMERE about FDA’s posting of comments to (vaborbactam and meropenem) Anyone with knowledge that any of public dockets, see 80 FR 56469, indicated for the treatment of patients the dates as published are incorrect may September 18, 2015, or access the 18 years and older with complicated submit either electronic or written information at: https://www.gpo.gov/ urinary tract infections including comments and, under 21 CFR 60.24, ask fdsys/pkg/FR-2015-09-18/pdf/2015- pyelonephritis caused by designated for a redetermination (see DATES). 23389.pdf. susceptible bacteria. Subsequent to this Furthermore, as specified in § 60.30 (21 Docket: For access to the docket to approval, the USPTO received a patent CFR 60.30), any interested person may read background documents or the term restoration application for petition FDA for a determination electronic and written/paper comments VABOMERE (U.S. Patent No. 8,680,136) regarding whether the applicant for received, go to https:// from Rempex Pharmaceuticals, Inc. and extension acted with due diligence www.regulations.gov and insert the the USPTO requested FDA’s assistance during the regulatory review period. To docket number, found in brackets in the in determining the patent’s eligibility meet its burden, the petition must heading of this document, into the for patent term restoration. In a letter comply with all the requirements of ‘‘Search’’ box and follow the prompts dated September 18, 2018, FDA advised § 60.30, including but not limited to: and/or go to the Dockets Management the USPTO that this human drug must be timely (see DATES), must be Staff, 5630 Fishers Lane, Rm. 1061, product had undergone a regulatory filed in accordance with § 10.20, must Rockville, MD 20852. review period and that the approval of contain sufficient facts to merit an FDA VABOMERE represented the first investigation, and must certify that a FOR FURTHER INFORMATION CONTACT: permitted commercial marketing or use true and complete copy of the petition Beverly Friedman, Office of Regulatory of the product. Thereafter, the USPTO has been served upon the patent Policy, Food and Drug Administration, requested that FDA determine the applicant. (See H. Rept. 857, part 1, 98th 10903 New Hampshire Ave., Bldg. 51, product’s regulatory review period. Cong., 2d sess., pp. 41–42, 1984.) Rm. 6250, Silver Spring, MD 20993, Petitions should be in the format 301–796–3600. II. Determination of Regulatory Review Period specified in 21 CFR 10.30. SUPPLEMENTARY INFORMATION: Submit petitions electronically to FDA has determined that the I. Background https://www.regulations.gov at Docket applicable regulatory review period for No. FDA–2013–S–0610. Submit written The Drug Price Competition and VABOMERE is 1,316 days. Of this time, petitions (two copies are required) to the Patent Term Restoration Act of 1984 1,072 days occurred during the testing Dockets Management Staff (HFA–305), (Pub. L. 98–417) and the Generic phase of the regulatory review period, Food and Drug Administration, 5630 Animal Drug and Patent Term while 244 days occurred during the Fishers Lane, Rm. 1061, Rockville, MD Restoration Act (Pub. L. 100–670) approval phase. These periods of time 20852. generally provide that a patent may be were derived from the following dates: extended for a period of up to 5 years 1. The date an exemption under Dated: December 5, 2019. so long as the patented item (human section 505(i) of the Federal Food, Drug, Lowell J. Schiller, drug product, animal drug product, and Cosmetic Act (FD&C Act) (21 U.S.C. Principal Associate Commissioner for Policy. medical device, food additive, or color 355(i)) became effective: January 23, [FR Doc. 2019–26655 Filed 12–10–19; 8:45 am] additive) was subject to regulatory 2014. The applicant claims February 6, BILLING CODE 4164–01–P review by FDA before the item was 2014, as the date the investigational new marketed. Under these acts, a product’s drug application (IND) became effective. regulatory review period forms the basis However, FDA records indicate that the DEPARTMENT OF HEALTH AND for determining the amount of extension IND effective date was January 23, 2014, HUMAN SERVICES an applicant may receive. which was 30 days after FDA receipt of A regulatory review period consists of the IND. National Institutes of Health two periods of time: a testing phase and 2. The date the application was Submission for OMB Review; 30-Day an approval phase. For human drug initially submitted with respect to the Comment Request Autism Spectrum products, the testing phase begins when human drug product under section Disorder (ASD) Research Portfolio the exemption to permit the clinical 505(b) of the FD&C Act: December 29, Analysis, NIMH; Correction investigations of the drug becomes 2016. FDA has verified the applicant’s effective and runs until the approval claim that the new drug application AGENCY: National Institutes of Health, phase begins. The approval phase starts (NDA) for VABOMERE (NDA 209776) HHS.
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ACTION: Notice; correction. Name of Committee: National Institute on Place: National Institutes of Health, 5601 Aging Special Emphasis Panel R24/R25 Fishers Lane, Rockville, MD 20892 SUMMARY: The Department of Health and Teleconference Review Committee. (Telephone Conference Call). Human Services, National Institutes of Date: December 12, 2019. Contact Person: Maryam Feili-Hariri, Time: 1:30 p.m. to 5:00 p.m. Ph.D., Scientific Review Officer, Scientific Health published a Notice in the Agenda: To review and evaluate grant Review Program, Division of Extramural Federal Register on December 5, 2019. applications. Activities, National Institutes of Allergy and That Notice requires a correction in the Place: National Institute on Aging, Infectious Diseases, National Institutes of Supplemental information section. Gateway Building, 7201 Wisconsin Avenue, Health, 5601 Fishers Lane, Rockville, MD Bethesda, MD 20892 (Telephone Conference 20852, 240–669–5026, haririmf@ FOR FURTHER INFORMATION CONTACT: To Call). niaid.nih.gov. request more information on the Contact Person: Carmen Moten, Ph.D., (Catalogue of Federal Domestic Assistance proposed project or to obtain a copy of MPH, Scientific Review Officer, Scientific Program Nos. 93.855, Allergy, Immunology, the data collection plans and Review Branch, National Institute on Aging, and Transplantation Research; 93.856, instruments, contact: The Office of National Institutes of Health, Gateway Microbiology and Infectious Diseases Autism Research Coordination, NIMH, Building, 7201 Wisconsin Avenue, Suite Research, National Institutes of Health, HHS) 2C212, Bethesda, MD 20892, 301–402–7703 NIH, Neuroscience Center, 6001 Dated: December 5, 2019. [email protected]. Executive Boulevard, MSC 9663, Room Tyeshia M. Roberson, 6184, Bethesda, Maryland 20892 or can This notice is being published less than 15 days prior to the meeting due to the timing Program Analyst, Office of Federal Advisory email your request, including your Committee Policy. address to: iaccpublicinquiries@ limitations imposed by the review and [FR Doc. 2019–26639 Filed 12–10–19; 8:45 am] mail.nih.gov or funding cycle. [email protected] (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P or can call Melba O. Rojas, NIMH, NIH Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) at 301–402–0279. Formal requests for Dated: December 4, 2019. DEPARTMENT OF HEALTH AND additional plans and instruments must HUMAN SERVICES be requested in writing. Miguelina Perez, Program Analyst, Office of Federal Advisory SUPPLEMENTARY INFORMATION: National Institutes of Health Committee Policy. Correction [FR Doc. 2019–26638 Filed 12–10–19; 8:45 am] National Heart, Lung, and Blood BILLING CODE 4140–01–P Institute; Notice of Meeting In the Federal Register of December 5, 2019, in FR Doc. 2019–26260, on page Pursuant to section 10(a) of the 66684, in the Estimated Annualized DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Burden Hours table; correct the HUMAN SERVICES amended, notice is hereby given of a ‘‘Number of projects per respondent meeting of the Sleep Disorders Research total’’ column, to read: ‘‘2854’’. National Institutes of Health Advisory Board. The meeting will be open to the Dated: December 5, 2019. National Institute of Allergy and public, with attendance limited to space Ekaterini K. Mavrophilipos, Infectious Diseases; Notice of Closed available. Individuals who plan to Federal Register Liaison, National Institutes Meeting attend and need special assistance, such of Health. as sign language interpretation or other [FR Doc. 2019–26631 Filed 12–10–19; 8:45 am] Pursuant to section 10(d) of the reasonable accommodations, should BILLING CODE 4140–01–P Federal Advisory Committee Act, as notify the Contact Person listed below amended, notice is hereby given of the in advance of the meeting. following meeting. DEPARTMENT OF HEALTH AND Name of Committee: Sleep Disorders The meeting will be closed to the HUMAN SERVICES Research Advisory Board. public in accordance with the Date: February 6–7, 2020. National Institutes of Health provisions set forth in sections Time: February 06, 2020, 1:00 p.m. to 5:00 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., p.m. as amended. The grant applications and Agenda: Evaluate sleep and circadian National Institute on Aging; Notice of research activities; discussion of NIH Sleep Closed Meeting the discussions could disclose Disorders Research Plan Revision. confidential trade secrets or commercial Place: National Institutes of Health, Pursuant to section 10(d) of the property such as patentable material, Neuroscience Center Building (NSC), 6001 Federal Advisory Committee Act, as and personal information concerning Executive Boulevard, Rockville, MD 20852. amended, notice is hereby given of the individuals associated with the grant Telephone Access: 1–650–479–3208, following meeting. applications, the disclosure of which Access Code: 622 128 691. Virtual Access: WebEx Link. The meeting will be closed to the would constitute a clearly unwarranted invasion of personal privacy. Event number: 622 128 691. public in accordance with the Event password: sdrab2020. provisions set forth in sections Name of Committee: National Institute of Time: February 07, 2020, 8:30 a.m. to 3:00 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Allergy and Infectious Diseases Special p.m. as amended. The grant applications and Emphasis Panel; ZAI1–MFH–M–M, January Agenda: Coordination of inter-agency sleep the discussions could disclose 21–22, 2020; NIAID Clinical Trial Planning research activities; discussion of NIH Sleep confidential trade secrets or commercial Grant (R34); NIAID Clinical Trial Cooperative Disorders Research Plan Revision. property such as patentable material, Agreement (U01); NIAID SBIR Phase II Place: National Institutes of Health, Clinical Trial Implementation Agreement Neuroscience Center Building (NSC), 6001 and personal information concerning (U44). Executive Boulevard, Rockville, MD 20852. individuals associated with the grant Date: January 21–22, 2020. Telephone Access: 1–650–479–3208, applications, the disclosure of which Time: 10:00 a.m. to 2:00 p.m. Access Code: 621 876 313. would constitute a clearly unwarranted Agenda: To review and evaluate grant Virtual Access: WebEx Link. invasion of personal privacy. applications. Event number: 621 876 313.
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Event password: sdrab2020. FOR FURTHER INFORMATION CONTACT: Abstract: Ship’s Stores Declaration, Contact Person: Michael J Twery, Ph.D., Requests for additional PRA information CBP Form 1303, is used by the carriers Director, National Center on Sleep Disorders should be directed to Seth Renkema, to declare articles to be retained on Research, Division of Lung Diseases, National Chief, Economic Impact Analysis Heart, Lung, and Blood Institute, National board the vessel, such as sea stores, Institutes of Health, 6701 Rockledge Drive, Branch, U.S. Customs and Border ship’s stores (e.g. alcohol and tobacco Suite 10042, Bethesda, MD 20892–7952, 301– Protection, Office of Trade, Regulations products), controlled narcotic drugs or 435–0199, [email protected]. and Rulings, 90 K Street NE, 10th Floor, bunker fuel in a format that can be (Catalogue of Federal Domestic Assistance Washington, DC 20229–1177, readily audited and checked by CBP. Program Nos. 93.233, National Center for Telephone number 202–325–0056 or via This form collects information about the Sleep Disorders Research; 93.837, Heart and email [email protected]. Please ship, the ports of arrival and departure, Vascular Diseases Research; 93.838, Lung note that the contact information and the articles on the ship. CBP Form Diseases Research; 93.839, Blood Diseases provided here is solely for questions 1303 is provided for by 19 CFR 4.7, 4.7a, and Resources Research, National Institutes regarding this notice. Individuals 4.81, 4.85 and 4.87 and is accessible at: of Health, HHS) seeking information about other CBP https://www.cbp.gov/newsroom/ Dated: December 5, 2019. programs should contact the CBP publications/forms?title=1303&=Apply. Ronald J. Livingston, Jr., National Customer Service Center at Estimated Number of Respondents: Program Analyst, Office of Federal Advisory 877–227–5511, (TTY) 1–800–877–8339, 8,000. Committee Policy. or CBP website at https://www.cbp.gov/ Estimated Number of Responses per [FR Doc. 2019–26642 Filed 12–10–19; 8:45 am] . Respondent: 13. BILLING CODE 4140–01–P SUPPLEMENTARY INFORMATION: CBP Estimated Number of Total Annual invites the general public and other Responses: 104,000. Federal agencies to comment on the Estimated Time per Response: 15 DEPARTMENT OF HOMELAND proposed and/or continuing information minutes. SECURITY collections pursuant to the Paperwork Estimated Total Annual Burden Reduction Act of 1995 (44 U.S.C. 3501 Hours: 26,000. U.S. Customs and Border Protection et seq.). This process is conducted in Dated: December 5, 2019. [1651–0018] accordance with 5 CFR 1320.8. Written comments and suggestions from the Seth D. Renkema, Agency Information Collection public and affected agencies should Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. Activities: Ship’s Stores Declaration address one or more of the following four points: (1) Whether the proposed [FR Doc. 2019–26601 Filed 12–10–19; 8:45 am] AGENCY: U.S. Customs and Border collection of information is necessary BILLING CODE P Protection (CBP), Department of for the proper performance of the Homeland Security. functions of the agency, including ACTION: 60-Day notice and request for whether the information will have DEPARTMENT OF HOMELAND comments; extension of an existing practical utility; (2) the accuracy of the SECURITY collection of information. agency’s estimate of the burden of the U.S. Customs and Border Protection proposed collection of information, SUMMARY: The Department of Homeland [1651–0103] Security, U.S. Customs and Border including the validity of the Protection will be submitting the methodology and assumptions used; (3) suggestions to enhance the quality, Agency Information Collection following information collection request Activities: Passenger List/Crew List to the Office of Management and Budget utility, and clarity of the information to (OMB) for review and approval in be collected; and (4) suggestions to AGENCY: U.S. Customs and Border accordance with the Paperwork minimize the burden of the collection of Protection (CBP), Department of Reduction Act of 1995 (PRA). The information on those who are to Homeland Security. respond, including through the use of information collection is published in ACTION: 60-Day notice and request for appropriate automated, electronic, the Federal Register to obtain comments comments; extension of an existing mechanical, or other technological from the public and affected agencies. collection of information. Comments are encouraged and must be collection techniques or other forms of submitted (no later than February 10, information technology, e.g., permitting SUMMARY: The Department of Homeland 2020) to be assured of consideration. electronic submission of responses. The Security, U.S. Customs and Border comments that are submitted will be ADDRESSES: Protection will be submitting the Written comments and/or summarized and included in the request suggestions regarding the item(s) following information collection request for approval. All comments will become to the Office of Management and Budget contained in this notice must include a matter of public record. the OMB Control Number 1651–0018 in (OMB) for review and approval in the subject line and the agency name. Overview of This Information accordance with the Paperwork To avoid duplicate submissions, please Collection Reduction Act of 1995 (PRA). The use only one of the following methods information collection is published in Title: Ship’s Stores Declaration. the Federal Register to obtain comments to submit comments: OMB Number: 1651–0018. (1) Email. Submit comments to: CBP_ Form Number: CBP Form 1303. from the public and affected agencies. [email protected]. Current Actions: CBP proposes to Comments are encouraged and must be (2) Mail. Submit written comments to extend the expiration date of this submitted no later than February 10, CBP Paperwork Reduction Act Officer, information collection with no change 2020 to be assured of consideration. U.S. Customs and Border Protection, to the burden hours. There is no change ADDRESSES: Written comments and/or Office of Trade, Regulations and to the information collected. suggestions regarding the item(s) Rulings, Economic Impact Analysis Type of Review: Extension (without contained in this notice must include Branch, 90 K Street NE, 10th Floor, change). the OMB Control Number 1651–0103 in Washington, DC 20229–1177. Affected Public: Businesses. the subject line and the agency name.
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To avoid duplicate submissions, please Overview of This Information ACTION: 60-Day notice and request for use only one of the following methods Collection comments; extension of an existing to submit comments: Title: Passenger List/Crew List. collection of information. (1) Email. Submit comments to: CBP_ OMB Number: 1651–0103. SUMMARY: The Department of Homeland [email protected]. Form Number: CBP Form I–418. Security, U.S. Customs and Border (2) Mail. Submit written comments to Current Actions: CBP proposes to Protection will be submitting the CBP Paperwork Reduction Act Officer, extend the expiration date of this following information collection request U.S. Customs and Border Protection, information collection. There is no to the Office of Management and Budget Office of Trade, Regulations and change to the estimated burden hours or (OMB) for review and approval in Rulings, Economic Impact Analysis to the information collected. accordance with the Paperwork Branch, 90 K Street NE, 10th Floor, Type of Review: Extension (without Reduction Act of 1995 (PRA). The Washington, DC 20229–1177. change). information collection is published in Abstract: CBP Form I–418 is FOR FURTHER INFORMATION CONTACT: the Federal Register to obtain comments prescribed by CBP, for use by masters, Requests for additional PRA information from the public and affected agencies. owners, or agents of vessels in should be directed to Seth Renkema, Comments are encouraged and must be complying with Sections 231 and 251 of Chief, Economic Impact Analysis submitted (no later than February 10, the Immigration and Nationality Act Branch, U.S. Customs and Border 2020) to be assured of consideration. (INA). This form is filled out upon Protection, Office of Trade, Regulations arrival of any person by commercial ADDRESSES: Written comments and/or and Rulings, 90 K Street NE, 10th Floor, vessel at any port within the United suggestions regarding the item(s) Washington, DC 20229–1177, States from any place outside the United contained in this notice must include Telephone number 202–325–0056 or via States. The master or commanding the OMB Control Number 1651–0086 in email [email protected]. Please officer of the vessel is responsible for the subject line and the agency name. note that the contact information providing CBP officers at the port of To avoid duplicate submissions, please provided here is solely for questions arrival with lists or manifests of the use only one of the following methods regarding this notice. Individuals persons on board such conveyances. to submit comments: seeking information about other CBP _ CBP is in the process of amending its (1) Email. Submit comments to: CBP programs should contact the CBP regulations to allow for the electronic [email protected]. National Customer Service Center at submission of the data elements (2) Mail. Submit written comments to 877–227–5511, (TTY) 1–800–877–8339, required on CBP Form I–418. This form CBP Paperwork Reduction Act Officer, or CBP website at is provided for in 8 CFR 251.1 and U.S. Customs and Border Protection, https://www.cbp.gov/. 251.3. A copy of CBP Form I–418 can Office of Trade, Regulations and SUPPLEMENTARY INFORMATION: CBP be found at https://www.cbp.gov/ Rulings, Economic Impact Analysis invites the general public and other newsroom/publications/forms?title=i- Branch, 90 K Street NE, 10th Floor, Federal agencies to comment on the 418&=Apply. Washington, DC 20229–1177. proposed and/or continuing information Affected Public: Businesses. FOR FURTHER INFORMATION CONTACT: collections pursuant to the Paperwork Estimated Number of Respondents: Requests for additional PRA information Reduction Act of 1995 (44 U.S.C. 3501 77,935. should be directed to Seth Renkema, et seq.). This process is conducted in Estimated Number of Responses per Chief, Economic Impact Analysis accordance with 5 CFR 1320.8. Written Respondent: 1. Branch, U.S. Customs and Border comments and suggestions from the Estimated Time per Respondent: 1 Protection, Office of Trade, Regulations public and affected agencies should hour. and Rulings, 90 K Street NE, 10th Floor, address one or more of the following Estimated Number of Total Annual Washington, DC 20229–1177, four points: (1) Whether the proposed Responses: 77,935. Telephone number 202–325–0056 or via collection of information is necessary Estimated Total Annual Hours: email [email protected]. Please for the proper performance of the 77,935. note that the contact information provided here is solely for questions functions of the agency, including Dated: December 5, 2019. regarding this notice. Individuals whether the information will have Seth D. Renkema, practical utility; (2) the accuracy of the seeking information about other CBP Branch Chief, Economic Impact Analysis programs should contact the CBP agency’s estimate of the burden of the Branch, U.S. Customs and Border Protection. proposed collection of information, National Customer Service Center at [FR Doc. 2019–26600 Filed 12–10–19; 8:45 am] including the validity of the 877–227–5511, (TTY) 1–800–877–8339, methodology and assumptions used; (3) BILLING CODE P or CBP website at suggestions to enhance the quality, https://www.cbp.gov/. utility, and clarity of the information to DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: CBP be collected; and (4) suggestions to SECURITY invites the general public and other minimize the burden of the collection of Federal agencies to comment on the information on those who are to U.S. Customs and Border Protection proposed and/or continuing information respond, including through the use of collections pursuant to the Paperwork appropriate automated, electronic, [1651–0086] Reduction Act of 1995 (44 U.S.C. 3501 mechanical, or other technological Agency Information Collection et seq.). This process is conducted in collection techniques or other forms of Activities: Distribution of Continued accordance with 5 CFR 1320.8. Written information technology, e.g., permitting Dumping and Subsidy Offset to comments and suggestions from the electronic submission of responses. The Affected Domestic Producers public and affected agencies should comments that are submitted will be address one or more of the following summarized and included in the request AGENCY: U.S. Customs and Border four points: (1) Whether the proposed for approval. All comments will become Protection (CBP), Department of collection of information is necessary a matter of public record. Homeland Security. for the proper performance of the
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functions of the agency, including date and to revise the burden hours as U.S. Customs and Border Protection, whether the information will have a result of updated estimates of the Office of Trade, Regulations and practical utility; (2) the accuracy of the number of CDSOA claims prepared on Rulings, Economic Impact Analysis agency’s estimate of the burden of the an annual basis. There are no changes Branch, 90 K Street NE, 10th Floor, proposed collection of information, to the information collected. Washington, DC 20229–1177. including the validity of the Type of Review: Extension (with a FOR FURTHER INFORMATION CONTACT: methodology and assumptions used; (3) change to the burden hours). Requests for additional PRA information suggestions to enhance the quality, Affected Public: Businesses. should be directed to Seth Renkema, utility, and clarity of the information to Estimated Number of Respondents: Chief, Economic Impact Analysis be collected; and (4) suggestions to 1,200. Branch, U.S. Customs and Border Estimated Number of Responses per minimize the burden of the collection of Protection, Office of Trade, Regulations Respondent: 2. information on those who are to and Rulings, 90 K Street NE, 10th Floor, respond, including through the use of Estimated Total Annual Responses: 1,400. Washington, DC 20229–1177, appropriate automated, electronic, Telephone number 202–325–0056 or via mechanical, or other technological Estimated Time per Response: 60 _ minutes. email CBP [email protected]. Please collection techniques or other forms of note that the contact information information technology, e.g., permitting Estimated Total Annual Burden Hours: 1,400. provided here is solely for questions electronic submission of responses. The regarding this notice. Individuals comments that are submitted will be Dated: December 5, 2019. seeking information about other CBP summarized and included in the request Seth D. Renkema, programs should contact the CBP for approval. All comments will become Branch Chief, Economic Impact Analysis National Customer Service Center at a matter of public record. Branch, U.S. Customs and Border Protection. 877–227–5511, (TTY) 1–800–877–8339, Overview of This Information [FR Doc. 2019–26599 Filed 12–10–19; 8:45 am] or CBP website at Collection BILLING CODE 9111–14–P https://www.cbp.gov/. Title: Distribution of Continued SUPPLEMENTARY INFORMATION: CBP invites the general public and other Dumping and Subsidy Offset to Affected DEPARTMENT OF HOMELAND Federal agencies to comment on the Domestic Producers. SECURITY OMB Number: 1651–0086. proposed and/or continuing information Form Number: CBP Form 7401. U.S. Customs and Border Protection collections pursuant to the Paperwork Abstract: This collection of Reduction Act of 1995 (44 U.S.C. 3501 information is used by CBP to make [1651–0031] et seq.). This process is conducted in distributions of funds pursuant to the accordance with 5 CFR 1320.8. Written Agency Information Collection Continued Dumping and Subsidy Offset comments and suggestions from the Activities: Foreign Assembler’s Act of 2000 (CDSOA). 19 U.S.C. 1675c public and affected agencies should Declaration (repealed by the Deficit Reduction Act address one or more of the following of 2005, Public Law 109–171, 7601 (Feb. AGENCY: U.S. Customs and Border four points: (1) Whether the proposed 8, 2006)). This Act prescribes the Protection (CBP), Department of collection of information is necessary administrative procedures under which Homeland Security. for the proper performance of the antidumping and countervailing duties ACTION: 60-Day notice and request for functions of the agency, including assessed on imported products are comments; extension of an existing whether the information will have distributed to affected domestic collection of information. practical utility; (2) the accuracy of the producers that petitioned for or agency’s estimate of the burden of the supported the issuance of the order SUMMARY: The Department of Homeland proposed collection of information, under which the duties were assessed. Security, U.S. Customs and Border including the validity of the The amount of any distribution afforded Protection will be submitting the methodology and assumptions used; (3) to these domestic producers is based on following information collection request suggestions to enhance the quality, certain qualifying expenditures that to the Office of Management and Budget utility, and clarity of the information to they incur after the issuance of the order (OMB) for review and approval in be collected; and (4) suggestions to or finding up to the effective date of the accordance with the Paperwork minimize the burden of the collection of CDSOA’s repeal, October 1, 2007. This Reduction Act of 1995 (PRA). The information on those who are to distribution is known as the continued information collection is published in respond, including through the use of dumping and subsidy offset. The claims the Federal Register to obtain comments appropriate automated, electronic, process for the CDSOA program is from the public and affected agencies. mechanical, or other technological provided for in 19 CFR 159.61 and Comments are encouraged and must be collection techniques or other forms of 159.63. submitted (no later than February 10, information technology, e.g., permitting A notice is published in the Federal 2020) to be assured of consideration. electronic submission of responses. The Register in June of each year in order to ADDRESSES: Written comments and/or comments that are submitted will be inform claimants that they can make suggestions regarding the item(s) summarized and included in the request claims under the CDSOA. In order to contained in this notice must include for approval. All comments will become make a claim under the CDSOA, CBP the OMB Control Number 1651–0031 in a matter of public record. Form 7401 may be used. This form is the subject line and the agency name. Overview of This Information accessible at and can be submitted To avoid duplicate submissions, please Collection electronically through https:// use only one of the following methods www.pay.gov/paygov/forms/ to submit comments: Title: Foreign Assembler’s Declaration formInstance.html?agencyFormId= (1) Email. Submit comments to: CBP_ (with Endorsement by Importer). 8776895. [email protected]. OMB Number: 1651–0031. Current Actions: This submission is (2) Mail. Submit written comments to Abstract: In accordance with 19 CFR being made to extend the expiration CBP Paperwork Reduction Act Officer, 10.24, a Foreign Assembler’s
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Declaration must be made in connection DEPARTMENT OF HOMELAND (4) Minimize the burden of the with the entry of assembled articles SECURITY collection of information on those who under subheading 9802.00.80, are to respond, including using Harmonized Tariff Schedule of the Transportation Security Administration appropriate automated, electronic, United States (HTSUS). This declaration mechanical, or other technological includes information such as the Intent to Request Extension From OMB collection techniques or other forms of quantity, value and description of the of One Current Public Collection of information technology. imported merchandise. The declaration Information: TSA Canine Training Consistent with the requirements of is made by the person who performed Center Adoption Application Executive Order (E.O.) 13771, Reducing the assembly operations abroad and it AGENCY: Transportation Security Regulation and Controlling Regulatory includes an endorsement by the Administration, DHS. Costs, and E.O. 13777, Enforcing the Regulatory Reform Agenda, TSA is also importer. The Foreign Assembler’s ACTION: 60-day notice. Declaration is used by CBP to determine requesting comments on the extent to whether the operations performed are SUMMARY: The Transportation Security which this request for information could within the purview of subheading Administration (TSA) invites public be modified to reduce the burden on 9802.00.80, HTSUS and therefore comment on one currently approved respondents. eligible for preferential tariff treatment. Information Collection Request (ICR), Information Collection Requirement 19 CFR 10.24(d) require that the Office of Management and Budget importer/assembler maintain records for (OMB) control number 1652–0067, OMB Control Number 1652–0067; 5 years from the date of the related entry abstracted below that we will submit to TSA Canine Training Center Adoption and that they make these records readily OMB for an extension in compliance Application. The TSA Canine Program available to CBP for audit, inspection, with the Paperwork Reduction Act is a Congressionally-mandated program copying, and reproduction. Instructions (PRA). The ICR describes the nature of that operates as a partnership among for complying with this regulation are the information collection and its TSA; aviation, mass transit, and posted on the CBP.gov website at: expected burden. The collection maritime sectors; and State and local http://www.cbp.gov/trade/trade- involves gathering information from law enforcement. TSA operates the CTC community/outreach-programs/trade- individuals who wish to adopt a TSA Adoption Program in accordance with agreements/nafta/repairs-alterations/ canine through the TSA Canine 41 CFR 102–36.35(d) (donation of subchpt-9802. Training Center (CTC) Adoption surplus property) and 102–36.365 Action: CBP proposes to extend the Program. (donation of canines used for expiration date of this information performance of law enforcement DATES: Send your comments by duties).1 collection with no change to the burden February 10, 2020. hours or to the information collected. TSA developed the CTC to train and ADDRESSES: Comments may be emailed Type of Review: Extension (without deploy explosive detection canine teams to [email protected] or delivered to change). for TSA and for local, State, and Federal the TSA PRA Officer, Information Affected Public: Businesses. agencies in support of daily activities Technology (IT), TSA–11, that protect the transportation domain. Foreign Assemblers Declaration Transportation Security Administration, Canine teams consist of TSA employees, (Reporting) 601 South 12th Street, Arlington, VA or local/State law enforcement officers, Estimated Number of Respondents: 20598–6011. paired with explosives detection 2,730. FOR FURTHER INFORMATION CONTACT: canines. These canine teams are trained Estimated Number of Responses/ Christina A. Walsh at the above address, on a variety of explosives and screening Recordkeeping per Respondent: 128. or by telephone (571) 227–2062. capabilities based on intelligence data Estimated Total Number of SUPPLEMENTARY INFORMATION: and emerging threats. Canine teams are deployed after successfully undergoing Responses: 349,440. Comments Invited Estimated Time per Response/ a 10- or 12-week training program and Recordkeeping: 50 minutes. In accordance with the Paperwork seek certification after additional Estimated Total Annual Burden Reduction Act of 1995 (44 U.S.C. 3501 training within their assigned Hours: 291,083. et seq.), an agency may not conduct or operational environment. sponsor, and a person is not required to Of the canines purchased by TSA for Foreign Assemblers Declaration (Record respond to, a collection of information purposes of the TSA Canine Program, Keeping) unless it displays a valid OMB control approximately 83 percent graduate from Estimated Number of Respondents: number. The ICR documentation will be the training program. These canines are 2,730. available at http://www.reginfo.gov continually assessed to ensure they Estimated Number of Responses/ upon its submission to OMB. Therefore, demonstrate operational proficiency in Recordkeeping per Respondent: 128. in preparation for OMB review and their environment. The corresponding Estimated Total Number of approval of the following information attrition rate is between 15–18 percent. Responses: 349,440. collection, TSA is soliciting comments Attrition arises from canines who do not Estimated Time per Response/ to— Recordkeeping: 5 minutes. (1) Evaluate whether the proposed 1 See 41 CFR 102–36.35(d): ‘‘If a written Estimated Total Annual Burden information requirement is necessary for determination is made that the property has no the proper performance of the functions commercial value or the estimated cost of its Hours: 29,004. continued care and handling would exceed the of the agency, including whether the Dated: December 5, 2019. estimated proceeds from its sale, you may dispose information will have practical utility; of the property by abandonment or destruction, or Seth D. Renkema, (2) Evaluate the accuracy of the donate it to public bodies.’’ See also 41 CFR 102– Branch Chief, Economic Impact Analysis agency’s estimate of the burden; 36.365: ‘‘. . . under 40 U.S.C. 555, when the canine Branch, U.S. Customs and Border Protection. is no longer needed for law enforcement duties, you (3) Enhance the quality, utility, and may donate the canine to an individual who has [FR Doc. 2019–26598 Filed 12–10–19; 8:45 am] clarity of the information to be experience handling canines in the performance of BILLING CODE P collected; and those official duties.’’
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graduate from the training program and DEPARTMENT OF THE INTERIOR minimizing the burden through the use those who successfully graduate, but are of information technology? later assessed as not performing at Bureau of Ocean Energy Management Comments submitted in response to operational proficiency. CTC typically [OMB Control Number 1010–0187; Docket this notice are a matter of public record. repurposes 42 percent of the canines ID: BOEM–2017–0016] BOEM will include or summarize each eliminated from the program to other comment in our request to the Office of Federal, State, and local law Agency Information Collection Management and Budget (OMB) for enforcement agencies. Activities; Project Planning for the Use approval of this ICR. You should be of Outer Continental Shelf Sand, aware that your entire comment— Canines that attrite out of the program Gravel, and Shell Resources in including your address, phone number, and not repurposed for other Construction Projects That Qualify for email address, or other personally government purposes may be placed for Negotiated Noncompetitive Agreement identifiable information—may be made adoption. TSA created the CTC publicly available at any time. In order Adoption Program to find suitable AGENCY: Bureau of Ocean Energy for BOEM to withhold from disclosure individuals or families to adopt the Management, Interior. your personally identifiable canines and to provide good homes. ACTION: Notice of information collection; information, you must identify any Individuals seeking to adopt a TSA request for comment. information contained in the submittal canine must complete the CTC of your comments that, if released, SUMMARY: In accordance with the Adoption Application. would constitute a clearly unwarranted Paperwork Reduction Act of 1995, the invasion of your personal privacy. You The application is an online Bureau of Ocean Energy Management must also briefly describe any possible application that collects personal (BOEM) is proposing to renew an harmful consequences of the disclosure information from the public to information collection request (ICR). of information, such as embarrassment, determine their suitability to adopt a DATES: Interested persons are invited to injury, or other harm. While you can ask TSA canine. TSA uses the information submit comments on or before February us in your comment to withhold your collected to evaluate the individual 10, 2020. personally identifiable information from seeking to adopt a TSA canine against ADDRESSES: Send your comments on public review, we cannot guarantee that program guidelines developed by CTC. this ICR by mail to the BOEM we will be able to do so. The collection includes information Information Collection Clearance BOEM protects proprietary about the individual’s household, Officer, Anna Atkinson, Bureau of information in accordance with the personal references, and current pet and Ocean Energy Management, 45600 Freedom of Information Act (5 U.S.C. veterinarian information. In addition, Woodland Road, Sterling, Virginia 552) and the Department of the the individual must agree to transport 20166; or by email to anna.atkinson@ Interior’s implementing regulations (43 the canine home from CTC in San boem.gov. Please reference OMB Control CFR part 2). Antonio, Texas, and to provide any Number 1010–0187 in the subject line of Abstract: Under the authority delegated by the Secretary of the necessary medical care, including, but your comments. Interior, BOEM is authorized, pursuant not limited to, heartworm and flea FOR FURTHER INFORMATION CONTACT: To to section 8(k)(2) of the OCS Lands Act preventives, and annual vaccinations, request additional information about (43 U.S.C. 1337(k)(2), to convey rights to for the duration of the canine’s life. TSA this ICR, contact Anna Atkinson by OCS sand, gravel, and shell resources by also collects an attestation that all email, or by telephone at 703–787–1025. negotiated noncompetitive agreement information submitted is true. SUPPLEMENTARY INFORMATION: In (NNA) for use in shore protection and TSA estimates that annually 300 accordance with the Paperwork beach and coastal restoration, or for use individuals will complete the adoption Reduction Act of 1995, BOEM provides in construction projects funded in application and that it will take the general public and other Federal whole or part by, or authorized by, the approximately 10 minutes or 0.1666 agencies with an opportunity to Federal Government. hours. This will give an estimated comment on new, proposed, revised, Since 2017, 12 projects have been annual time burden to the public of 50 and continuing collections of processed. In order for BOEM to hours. information. This helps BOEM assess continue to meet the needs of local and the impact of our information collection state governments, information Dated: December 5, 2019. requirements and minimize the public’s regarding upcoming projects must be Christina A. Walsh, reporting burden. It also helps the acquired to plan for future projects and TSA Paperwork Reduction Act Officer, public understand our information anticipated workload. Therefore, BOEM Information Technology. collection requirements and provide the will issue calls for information about [FR Doc. 2019–26634 Filed 12–10–19; 8:45 am] requested data in the desired format. needed resources and locations from BILLING CODE 9110–05–P BOEM is soliciting comments on the interested parties to develop and proposed ICR described below. We are maintain a project schedule. It also especially interested in public comment includes the potential for a call in addressing the following issues: (1) Is response to an emergency declaration, the collection necessary to the proper such as a hurricane or tropical storm. functions of BOEM; (2) what can BOEM This ICR has no significant changes do to ensure that this information is from the 2017 OMB approved processed and used in a timely manner; information collection. (3) is the burden estimate accurate; (4) In the event the number of requested how might BOEM enhance the quality, projects exceeds the limits of the current utility, and clarity of the information to BOEM staff and funding resources, be collected; and (5) how might BOEM BOEM may request the relevant states to minimize the burden of this collection prioritize their own projects based on on the respondents, including several criteria including likelihood of
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project funding and progress of TIME AND DATE: December 12, 2019 at Beatty and Company Computing, Inc., environmental work. BOEM will use the 11:00 a.m. Southlake, TX; B-Skies, Inc., Ellicott information to determine appropriate PLACE: Room 101, 500 E Street SW, City, MD; Calumet Electronics future resource allocations, identify Washington, DC 20436, Telephone: Corporation, Calumet, MI; Canvas, Inc., potential conflicts of use, develop (202) 205–2000. Huntsville, AL; Chenega Defense & NNAs, and meet all necessary STATUS: Open to the public. Aerospace Solutions, LLC, Huntsville, environmental and legal requirements. MATTERS TO BE CONSIDERED: AL; Cova Strategies, LLC, Albuquerque, BOEM will publish all ongoing projects 1. Agendas for future meetings: None. NM; Daylight Defense, LLC, San Diego, on the website https://www.boem.gov/ 2. Minutes. CA; DC Photonics LLC, Lucas, TX; DCS Requests-and-Active-Leases/. 3. Ratification List. Corporation, Alexandria, VA; Dynamic Title of Collection: Project Planning 4. Vote on Inv. Nos. 701–TA–612–613 Research Technologies, LLC, Albany, for the Use of Outer Continental Shelf and 731–TA–1429–1430 (Final) MO; Edaptive Computing, Inc., Dayton, Sand, Gravel, and Shell Resources in (Polyester Textured Yarn from China OH; Fibertek, Inc., Herndon, VA; Construction Projects that Qualify for and India). The Commission is currently Frequency Electronics, Inc., Uniondale, Negotiated Noncompetitive Agreement. scheduled to complete and file its NY; G&W Products, LLC, Fairfield, OH; OMB Control Number: 1010–0187. determinations and views of the GE Energy Power Conversion, Naval Form Number: None. Commission by January 2, 2020. Systems Inc., Cranberry Township, PA; Type of Review: Renewal of a 5. Outstanding action jackets: None. Geissele Automatics LLC, North Wales, currently approved collection. The Commission is holding the PA; Global Tungsten and Powders Respondents/Affected Public: meeting under the Government in the Corporation, Towanda, PA; Goleta Star, Potential respondents comprise states, Sunshine Act, 5 U.S.C. 552(b). In LLC, Santa Barbara, CA; Hamilton counties, localities, and tribes. accordance with Commission policy, Sundstrand Corporation, Rockford, IL; Total Estimated Number of Annual subject matter listed above, not disposed IAI North America, Inc., Arlington, VA; Responses: 80 responses. of at the scheduled meeting, may be IMT Defense Corporation, Westerville, Total Estimated Number of Annual carried over to the agenda of the OH; Interlog Corporation, Anaheim, CA; Burden Hours: 200 hours. following meeting. Intevac Photonics, Inc., Santa Clara, CA; Respondent’s Obligation: Voluntary. By order of the Commission. Iquro Development Group, LLC, Frequency of Collection: Annually Sheridan, WY; Jasper Solutions Inc., Issued: December 6, 2019. and on occasion. Huntington Station, NY; JET Systems, Total Estimated Annual Non-hour William Bishop, LLC, Lexington Park, MD; JetCo Burden Cost: We have identified no Supervisory Hearings and Information Solutions, Grand Rapids, MI; Lacamas non-hour paperwork cost burdens for Officer. Laboratories, Inc., Portland, OR; Mass this collection. [FR Doc. 2019–26742 Filed 12–9–19; 11:15 am] XV Limited Liability Company, Estimated Reporting and BILLING CODE 7020–02–P Yorktown, VA; Mid-Continent Recordkeeping Hour Burden: We Instrument Co., Inc., Wichita, KS; estimate that the annual reporting Military Battery Systems, Inc., Golden, burden for this collection is about 200 DEPARTMENT OF JUSTICE CO; National Center for Defense hours, assuming an emergency Manufacturing and Machining declaration is made each year. Antitrust Division (NCDMM), Blairsville, PA; Navitas Local Government Compilation: 25 Systems, Ann Arbor, MI; NexTech local × 1 hour/entity × 2 responses/year Notice Pursuant to the National Cooperative Research and Production Solutions, Orange Park, FL; Neya = 50 hours; State Compilation: 15 States Systems, LLC, Wexford, PA; NNData × 5 hours/State × 2 responses/year = 150 Act of 1993–National Armaments Consortium Corporation, Alexandria, VA; Northrop hours (50 county hours + 150 State Grumman Systems Corporation, Power/ hours = 200 total burden hours). Notice is hereby given that, on Control Systems, Sykesville, MD; ODAT An agency may not conduct or November 5, 2019, pursuant to Section Machine Inc., Gorham, ME; OFS sponsor, and a person is not required to 6(a) of the National Cooperative Laboratories, LLC, Somerset, NJ; respond to, a collection of information Research and Production Act of 1993, Optimax Systems, Inc., Ontario, NY; Per unless it displays a currently valid OMB 15 U.S.C. 4301 et seq. (‘‘the Act’’), Vivo Labs, Inc., Kingsport, TN; control number. The authority for this National Armaments Consortium Persistent Systems, LLC, New York, NY; action is the Paperwork Reduction Act (‘‘NAC’’) has filed written notifications Perspecta Engineering Inc., Chantilly, of 1995 (44 U.S.C. 3501 et seq.). simultaneously with the Attorney VA; Phantom Products, Inc., Rockledge, Deanna Meyer-Pietruszka, General and the Federal Trade FL; Pictorvision, Inc., Simi Valley, CA; Chief, Office of Policy, Regulation, and Commission disclosing changes in its Quadrus Corporation, Huntsville, AL; Analysis. membership. The notifications were Radical Firearms, LLC, Stafford, TX; filed for the purpose of extending the Rolls-Royce North American [FR Doc. 2019–26683 Filed 12–10–19; 8:45 am] Act’s provisions limiting the recovery of Technologies, Inc. (LibertyWorks), BILLING CODE 4310–MR–P antitrust plaintiffs to actual damages Indianapolis, IN; Sancorp Consulting, under specified circumstances. LLC, Arlington, VA; Scientific Systems Specifically, 50 BMG Supply LLC, Company, Inc., Woburn, MA; Shipcom INTERNATIONAL TRADE Canton, OH; Advanced Technology Federal Solutions, LLC, Arlington, VA; COMMISSION Systems Company, Inc. (ATSC), Southern Innovative Investments, LLC, [USITC SE–19–045] McLean, VA; Amron—A Division of Montgomery, AL; Space Information AMTEC Corporation, Antigo, WI; Laboratories, LLC, Santa Maria, CA; Sunshine Act Meetings Anthem Engineering, Elkridge, MD; Spectral Energies, LLC, Beavercreek, ARTEMIS, Inc., Hauppauge, NY; Atlas OH; Systems & Technology Research AGENCY HOLDING THE MEETING: United Business Consulting, Inc., Irvine, CA; LLC, Woburn, MA; Tangram Flex, Inc., States International Trade Commission. Avionic Instruments, LLC, Avenel, NJ; Dayton, OH; Trion Coatings LLC, South
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Bend, IN; University of Massachusetts DEPARTMENT OF JUSTICE Lexington Park, MD; Applied (Center for UMass-Industry Research on Technology, Inc., King George, VA; Polymers), Amherst, MA; Utah State Antitrust Division Arrowhead Global, LLC, Clearwater, FL; University Research Foundation dba ART Rugged Systems, Inc., El Dorado Space Dynamics Laboratory, North Notice Pursuant to the National Hills, CA; Artisan Electronics, Odon, IN; Logan, UT; Uvision-USA Corporation, Cooperative Research and Production Assurance Technology Corporation, Purcellville, VA; VES, LLC, Aberdeen Act of 1993—Naval Aviation Systems Carlisle, MA; ATC–NY, Ithaca, NY; ATI Proving Ground, MD; VRC Metal Consortium Defense, Arlington, VA; Attollo, LLC, Systems, LLC, Rapid City, SD; W R Notice is hereby given that, on Lincoln, RI; Auburn University, Systems, Ltd., Fairfax, VA; and October 24, 2019, pursuant to Section Auburn, AL; AURA Technologies, Wavefront Vision Inc., Basking Ridge, 6(a) of the National Cooperative Raleigh, NC; Avatar Partners, Inc., NJ, have been added as parties to this Research and Production Act of 1993, Virginia Beach, VA; AVIAN, Inc., venture. 15 U.S.C. 4301 et seq. (‘‘the Act’’), Naval Lexington Park, MD; Avineon, Inc., Also, Adolf Meller Co dba Meller Aviation Systems Consortium (‘‘NASC’’) McLean, VA; AVT Simulation, Orlando, Optics Inc., Providence, RI; All Points has filed written notifications FL; Axellio Inc., Colorado Springs, CO; Logistics, LLC, Merritt Island, FL; simultaneously with the Attorney BAE Systems, California, MD; Ball Arconic Defense Inc., New Kensington, General and the Federal Trade Aerospace & Technologies Corporation, PA; Ascent Vision Technologies, LLC, Commission disclosing (1) the identities Westminster, CO; Base2 Engineering, Belgrade, MT; ATS–MER, LLC, Tucson, of the parties to the venture and (2) the LLC, Annapolis, MD; Bell Textron, Inc., AZ; Avineon, Inc., McLean, VA; nature and objectives of the venture. Fort Worth, TX; Berg Manufacturing, Calculagraph Co DBA Control Products, The notifications were filed for the Inc., Spokane, WA; Bevilacqua Research Inc., Horsham, PA; Contego Research, purpose of invoking the Act’s provisions Corporation, Huntsville, AL; BGI, LLC, LLC, Webb City, MO; DroneShield LLC, limiting the recovery of antitrust Akron, OH; BiTMICRO Networks, Inc., Warrenton, VA; Fairwinds plaintiffs to actual damages under Fremont, CA; BlackLynx, Rockville, Technologies, LLC, Annapolis, MD; JWF specified circumstances. MD; Blue Ivy Partners, Arlington, VA; Defense Systems, LLC, Johnstown, PA; Pursuant to Section 6(b) of the Act, BMC Software, Inc., McLean, VA; Molex, LLC, Lisle, IL; nanoMetallix the identities of the parties to the BMNT, Palo Alto, CA; Boeing Global LLC, Saint Louis, MO; NAVSYS venture are: A. Harold & Associates, Services, Burien, WA; Booz Allen Corporation, Colorado Springs, CO; LLC, Jacksonville, FL; AAI Corporation Hamilton, Inc., McLean, VA; BriteWerx, NextGen Federal Systems, LLC, d/b/a Textron Systems, Hunt Valley, Inc., Aldie, VA; Business Integra, Morgantown, VA; Nufern, East Granby, MD; AAR, Wood Dale, IL; Abaco Bethesda, MD; CACI, Inc.—FEDERAL, CT; Orbis Sibro, Inc., Charleston, SC; Systems, Huntsville, AL; ABSI Chantilly, VA; Cambridge International PPI-Time Zero, Inc., Fairfield, NJ; Aerospace and Defense, California, MD; Systems, Inc., Arlington, VA; CAMX Riptide Autonomous Solutions, Accenture Federal Services LLC, Power, LLC, Lexington, MA; Cape Plymouth, MA; SAZE Technologies, Arlington, VA; Acuity Systems, LLC, Henry Associates, Inc., Virginia Beach, LLC, Silver Spring, MD; SMH Herndon, VA; Adams Communication VA; Carolina Unmanned Vehicles, International, LLC, Mt. Laurel, NJ; and Engineering Technology (ACET), Raleigh, NC; CaVU Consulting, Inc., San TELEGRID Technologies, Inc., Florham Lexington Park, MD; Addx Corporation, Diego, CA; CDW–G, Vernon Hills, IL; Park, NJ; TORC Robotics, Inc., Alexandria, VA; ADS, Inc., Virginia Centauri, Chantilly, VA; Chainalysis, Blacksburg, VA; Total Reliant Beach, VA; Advanced Aircraft Inc., Washington, DC; Cherokee Nation Consulting, Boerne, TX; and UTEC Company, Hampton, VA; Advanced Red Wing, LLC, Huntsville, AL; Corporation, LLC, Norman, OK, have Ground Information Systems, Inc., Chesapeake Technology International withdrawn as parties to this venture. Jupiter, FL; Advanced Onion, Inc., Corporation, California, MD; Cintel, No other changes have been made in Monterey, CA; Aeroflex Wichita, Inc., Inc., Huntsville, AL; Cisco Systems, either the membership or planned Wichita, KS; Aeronix, Inc., Melbourne, Inc., San Jose, CA; Clason Point activity of the group research project. FL; Agile Defense, Inc., Reston, VA; Partners, Inc., Yonkers, NY; Clear Align, Membership in this group research Agilious, Bethesda, MD; Agyle LLC, Columbia, MD; Clear Ridge project remains open, and NAC intends Networks, LLC, Plano, TX; Airborne Defense, LLC, Nashua, NH; to file additional written notifications Systems North America, Santa Ana, CA; clearAvenue, LLC, Baltimore, MD; CLK disclosing all changes in membership. AIRtec Inc., California, MD; AIXI, Executive Decisions, LLC, Poquoson, On May 2, 2000, NAC filed its original Raleigh, NC; ALEX-Alternative Experts, VA; Cloud Front Group, Inc., McLean, notification pursuant to Section 6(a) of LLC, Dumfries, VA; Alfresco Software, VA; Cloudera Government Solutions the Act. The Department of Justice Inc., Alexandria, VA; Alion Science and Inc., Reston, VA; CMC Electronics, published a notice in the Federal Technology Corporation, Lusby, MD; Buford, GA; Coalition Solutions Register pursuant to Section 6(b) of the Almond Consulting Group, Inc., Oviedo, Integrated, Inc., Hollywood, MD; Act on June 30, 2000 (65 FR 40693). FL; Alta Via Consulting, LLC, CoAspire, LLC, Fairfax, VA; CodeMettle, The last notification was filed with Alexandria, VA; AM Pierce & Atlanta, GA; Coherent Technical the Department on July 8, 2019. A Associates, Inc., California, MD; Services, Inc., Lexington Park, MD; notice was published in the Federal Amazon Web Services, Inc., Seattle, Collins Aerospace, Palo, IA; Colorado Register pursuant to Section 6(b) of the WA; American Systems Corporation, Engineering, Inc., Colorado Springs, CO; Act on September 4, 2019 (84 FR Chantilly, VA; Ampex Data Systems Colvin Run Networks LLC, Great Falls, 46565). Corporation, Hayward, CA; Andromeda VA; Commonwealth Trading Partners, Systems Incorporated, Orange Park, FL; Inc., Alexandria, VA; Compendium Suzanne Morris, ANSOL, Inc., San Diego, CA; Apcerto, Federal Technology, Lexington Park, Chief, Premerger and Division Statistics Unit Ashburn, VA; Appian Logic, Great Falls, MD; Concurrent Technologies Antitrust Division. VA; Applied Energetics, Tucson, AZ; Corporation, Johnstown, PA; [FR Doc. 2019–26654 Filed 12–10–19; 8:45 am] Applied Signals Intelligence, Sterling, Consortium Management Group, Inc., BILLING CODE 4410–11–P VA; Applied Techniques Corporation, Washington, DC; CORAS, Inc., McLean,
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VA; Cornerstone Research Group, General Dynamics Information Inc., Oakland Park, FL; LinQuest Miamisburg, OH; Corsair Technical Technology, California, MD; General Corporation, Los Angeles, CA; Lockheed Services, Inc., Kirkland, WA; Corvid Dynamics Mission Systems, Inc., Martin Corporation, Moorestown, NJ; Technologies, LLC, Mooresville, NC; Bloomington, MN; GenXComm, Inc., Logistic Services International, Inc., CRFS Inc., Chantilly, VA; Cubic Defense Austin, TX; Georgia Tech Research Jacksonville, FL; Lone Star Analysis, Applications, Inc., San Diego, CA; Institute, Smyrna, GA; GeoSpark Addison, TX; Long Wave Inc., CUBRC, Inc., Buffalo, NY; Curtiss- Analytics, Inc., Herndon, VA; Gigamon Oklahoma City, OK; M2 Technology Wright Defense Solutions, Edina, MN; Inc., Vienna, VA; Global Air Logistics & Inc., San Antonio, TX; Maga Design, CyberX Labs, Waltham, MA; D Gillette Training, LLC, Del Mar, CA; Governors Washington, DC; Magee Technologies Industrial Services Inc., Bangor, MA; D. America Corporation, Agawam, MA; LLC (MTech), California, MD; Wheatley Enterprises, Inc., Belcamp, Green Hills Software, Columbia, MD; Management Analysis Network, MD; Daprato Machine Company, Greensight Agronomics, Inc., Boston, Harvest, AL; ManTech International, Toronto, ON; Data Machines MA; Gryphon Technologies LC, Sewell, Herndon, VA; MarkLogic Corporation, Corporation, Ashburn, VA; DataRobot, NJ; Guidehouse LLP, McLean, VA; McLean, VA; Maryland Procurement Inc., Boston, MA; Davis Defense Group, Haave, LLC, Evergreen, CO; HART Technical Assistance Program, College Inc., Stafford, VA; Daylight Defense, Technologies, Inc., Manassas, VA; Herdt Park, MD; Mastodon Design, Rochester, LLC, San Diego, CA; DE Design Works Consulting, Inc., Chelsea, AL; Heron NY; McAfee, Reston, VA; MDSA (Dave Engineering LLC), Earth City, MO; Systems Inc., California, MD; Herrick Aerospace, Exton, PA; Mediabarn, Inc., deciBel Research, Inc., Huntsville, AL; Technology Laboratories, Inc., Arlington, VA; Mercer Engineering Decision Sciences, Inc., Fort Walton Germantown, MD; Highlight Research Center (MERC), Warner Beach, FL; Deloitte Consulting LLP, Technologies, LLC, Fairfax, VA; HII Robins, GA; Mercury Defense Systems, Arlington, VA; Derco Aerospace. a Mission Driven Innovative Solutions Inc., Cypress, CA; Meridian Technology Lockheed Martin Company, Milwaukee, Inc. (HII–MDIS), Huntsville, AL; Hitachi Systems, Inc., Adamstown, MD; WI; Dfuse Technologies, Inc., Sterling, Vantara Federal, Reston, VA; hJm Microchip Technology Corporation, VA; DHPC Technologies, Inc., Consulting, LLC, Lusby, MD; Holling Chandler, AZ; Microsoft Corporation, Woodbridge, NJ; Disk Enterprise Enterprises LLC, Ponte Vedra Beach, FL; Morrisville, NC; Mike Sutton Solutions, Inc., Lexington Park, MD; Honeycomb Secure Systems, Inc., Consulting, Inc. (MSCI), Owens Cross DNS, Portland, OR; DuPont, Guntersville, AL; Hop Flyt, Lusby, MD; Roads, AL; Mikros Systems Corporation, Wilmington, DE; Dynamic Aviation HOPZERO Inc., Austin, TX; Fort Washington, PA; MiMoCloud, Group, Inc., Bridgewater, VA; Dynetics HumanTouch, LLC, McLean, VA; College Park, MD; Miner & Kasch, Technical Solutions, Inc., Madison, AL; Hypergiant Industries, Austin, TX; Elkridge, MD; Mission Secure, Inc., Echo Ridge, LLC, Sterling, VA; ECI HYPR Corporation, New York, NY; IAP Charlottesville, VA; MKS2, LLC, Austin, Defense Group, Lyles, TN; ECS Federal, Worldwide Services, Inc., Cape TX; Mnemonics Incorporated, LLC, Fairfax, VA; Elbit Systems of Canaveral, FL; IBM, Bethesda, MD; Melbourne, FL; Mosaic ATM, Inc., America, LLC, Fort Worth, TX; Elta Idaho Scientific, Boise, ID; Imagine One Leesburg, VA; Motorola Solutions, Inc., North America, Annapolis Junction, Technology & Management, Ltd., Schaumburg, IL; MTEQ, Inc., Lorton, MD; Embry-Riddle Aeronautical Lexington Park, MD; Infor, Evergreen, VA; NAG Marine, Norfolk, VA; Nahsai, University, Daytona Beach, FL; CO; Information Assurance Specialists, LLC, Ann Arbor, MI; Nara Logics, Inc., Enlighten IT Consulting, LLC, Turnersville, NJ; Innovative Defense Boston, MA; National Center for Defense Linthicum Heights, MD; ENSCO Technologies, Arlington, VA; Innovative Manufacturing and Machining, Avionics, Inc., Endicott, NY; People and Technology Corporation Blairsville, PA; Naval Systems, Inc., EnterpriseDB Corporation, Bedford, MA; (IPT Corp), California, MD; Integrated Lexington Park, MD; NAVMAR, enVention, LLC, Huntsville, AL; Production Systems Inc., Arlington, TX; Warminster, PA; NCI Information Envistacom, LLC, Atlanta, GA; Epoch IntelliDyne, LLC, Falls Church, VA; Systems, Inc., Reston, VA; NCS Concepts LLC, Highlands Ranch, CO; Intellisense Systems Inc., Torrance, CA; Technologies, Inc., Gainesville, VA; EPS Corporation, Tinton Falls, NJ; Intevac Photonics, Inc., Santa Clara, CA; NetApp, Falls Church, VA; Netizen Evanhoe & Associates, Inc., Dayton, OH; Intuitive Research and Technology Corporation, Allentown, PA; Netorian, Evans Incorporated, Falls Church, VA; Corporation, Huntsville, AL; Ion LLC, Aberdeen, MD; Network Defense F1 Concepts, LLC, Williamsburg, VA; Channel, Alexandria, VA; iRF Solutions, Protection LLC, Sterling, VA; Next Tier Fathom 4, LLC, Charleston, SC; FGS, Sparks, MD; Iris Technology Concepts, Inc., Vienna, VA; Nishati, LLC, La Plata, MD; Fifty Pound Brains, Corporation, Irvine, CA; J.F. Taylor, Inc., Inc., Gilbert, AZ; Noblis, Reston, VA; LLC, Winter Park, FL; FIRST RF Lexington Park, MD; Jackson and Tull, North Atlantic Industries, Bohemia, NY; Corporation, Boulder, CO; FLIR Greenbelt, MD; Jenoptik Advanced Northrop Grumman Systems Surveillance, Hollywood, MD; Florida Systems, LLC, Jupiter, FL; JET Systems Corporation, Linthicum Heights, MD; Institute for Human & Machine LLC, Lexington Park, MD; JHNA, Inc., Novetta Inc., McLean, VA; NTS— Cognition (IHMC), Pensacola, FL; Alexandria, VA; KAIROS, Inc., National Technical Systems, Camden, Florida Institute of Technology, California, MD; KBRwyle, Lexington AR; NuEyes Technologies, Inc., Melbourne, FL; FragCity, Inc., Park, MD; Keysight Technologies, Newport Beach, CA; Nutanix, San Jose, Fredericksburg, VA; Frontier Arlington, VA; KIHOMAC, Reston, VA; CA; Object CTalk Inc., King of Prussia, Technology, Inc., Beavercreek, OH; Fuse Kitty Hawk Technologies, Honesdale, PA; ODME Solutions, LLC, San Diego, Integration, Inc., San Diego, CA; G2 PA; KnowledgeBridge International Inc., CA; Offset Strategic Services, LLC, Software Systems, Inc., San Diego, CA; Herndon, VA; Kolbitar, Lusby, MD; Huntsville, AL; Old Dominion G2IT, LLC, Annapolis, MD; G3 Kopis Mobile, Flowood, MS; Kratos University, Modeling and Simulation Technologies, Columbia, MD; Galorath Defense & Security Solutions, Inc., Engineering Department, Norfolk, VA; Incorporated, Arlington, VA; GBL Orlando, FL; Kutta Technologies, Inc., Omega Aerial Refueling Services, Inc., Systems Corporation, Camarillo, CA; Phoenix, AZ; L3Harris, Lexington Park, Alexandria, VA; OMNI Technologies, GCC Technologies, LLC, Oakland, MD; MD; Leidos, Reston, VA; Leonardo DRS, LLC; OMNITEC Solutions, Inc., GE Aviation Systems, Grand Rapids, MI; Germantown, MD; Level X Technologies Bethesda, MD; Onclave Networks, Inc.,
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McLean, VA; Oracle America, Inc., North Charleston, SC; Sealing Lexington Park, MD; The RMA Redwood Shores, CA; Orolia Technologies, Inc., Columbia, MD; Consultants, Inc., Manassas, VA; The Government Systems, Inc., Rochester, Sechan Electronics, Inc., Lititz, PA; SANS Institute, North Bethesda, MD; NY; OST, McLean, VA; P E Systems, Segue Technologies, Inc., Arlington, The University of Alabama in Inc., Fairfax, VA; Pacific Aerospace VA; Sensalyze, Leesburg, VA; Huntsville, Huntsville, AL; Thomas Consulting, San Diego, CA; Pacific Star ServiceNow, Vienna, VA; Sev1Tech, Global Systems, Irvine, CA; Communications, Inc., Portland, OR; LLC, Woodbridge, VA; Si2 ThoughtSpot, Sunnyvale, CA; TIAX, PAL Services, Inc., O’Fallon, MO; Technologies, Inc., North Bellerica, MA; LLC, Lexington, MA; TIC Secure, LLC, Palantir USG, Inc., Washington, DC; Sierra Nevada Corporation, Sparks, NV; Bethesda, MD; TMA, Inc., Chantilly, Parker Aerospace, Irvine, CA; Parsons Silver Palm Technologies, Ijamsville, VA; Torch Technologies, Inc., Corporation, Huntsville, AL; Parts Life, MD; SimVentions, Fredericksburg, VA; Huntsville, AL; TQI Solutions, Inc., Inc., Moorestown, NJ; PCM–G, Inc., SitScape, Inc., Vienna, VA; Skyways Air Norfolk, VA; Transformational Security, Herndon, VA; Pegasystems, Cambridge, Transportation, Inc., Manor, TX; SMFS, LLC, Columbia, MD; Transtecs MA; Penn State Executive Programs— Inc. dba GRIMM, Dunn Loring, VA; Soar Corporation, Arlington, VA; Trex The Pennsylvania State University, Technology, Inc., Ann Arbor, MI; Enterprises Corporation, San Diego, CA; University Park, PA; Peregrine Software Professional Solutions, Inc. Trifacta, Towson, MD; Trinary Software, Technical Solutions, LLC, Yorktown, (SPS), Colts Neck, NJ; Solers, Inc., Los Angeles, CA; Tummah Technology, VA; Permuta Technologies, Springfield, Arlington, VA; SOLUTE, San Diego, CA; Inc., Huntsville, AL; Ultra Electronics— VA; Perrygo Consulting Group, LLC, Southeastern Computer Consultants, USSI, Columbia City, IN; Unisys Lexington Park, MD; Perspecta Inc., Frederick, MD; Southern Research, Corporation, Reston, VA; United Enterprise Solutions LLC, Herndon, VA; Birmingham, AL; Southwest Research Rotorcraft, An Air Methods Division, Perspecta, Inc., Chantilly, VA; Petascale Institute, San Antonio, TX; Spalding Englewood, CO; University of Florida, Computing & Fabrication, Glenelg, MD; Consulting, Inc., Lexington Park, MD; Florida Applied Research in Phasor, Inc., Arlington, VA; Physical Specialty Systems, Inc., Toms River Engineering, Gainesville, FL; Up Optics Corporation, Torrance, CA; Township, NJ; Spectrum Comm, Inc., Doppler Consulting, LLC, Leonardtown, Piasecki Aircraft Corporation, Essington, Newport News, VA; Spirit AeroSystems, MD; Valour, LLC, Lexington Park, MD; PA; Pitney Bowes Inc., Annapolis, MD; Inc., Wichita, KS; SR Technologies, Inc., Vanguard Marketing International, Inc. Pivot Industries Limited, Littleton, CO; Sunrise, FL; SRC, Inc., North Syracuse, (VMI), Cave Creek, AZ; Veraxx Platform Aerospace, Hollywood, MD; NY; SRI International, Arlington, VA; Engineering Corporation, Chantilly, VA; Programs Management Analytics and St. Moritz Enterprises, LLC, Orlando, Vertex Aerospace, Madison, MS; VES, Technologies, Inc. (PMAT), San Diego, FL; StraCon Services Group, LLC, Fort LLC, Aberdeen Proving Ground, MD; CA; Polaris Alpha Advanced Systems, Worth, TX; Strategic Solutions Viasat, Inc., Carlsbad, CA; Virginia Inc.; Precise Systems Inc., Lexington Unlimited, Inc., Fayetteville, NC; Stryke Polytechnic Institute and State Park, MD; Precision Combustion, Inc., Industries, LLC, Fort Wayne, IN; University, Blacksburg, VA; Visionary North Haven, CT; PreTalen, Ltd., Sullivan Cove Consultants, LLC, Business Solutions, LLC, Merchantville, Beavercreek, OH; Priority 5 Holdings, Severna Park, MD; SURVICE NJ; VRgluv, Atlanta, GA; VT Group, Inc., Needham, MA; Probus Test Engineering Company, LLC, Belcamp, Chantilly, VA; Vyalex Management Systems, Inc., Lincroft, NJ; Pryon, Inc., MD; SWMG Productions, Inc., Phoenix, Solutions, Inc., Lexington Park, MD; Raleigh, NC; PSI Pax, Inc., California, AZ; Synectic Solutions, Inc., Lexington Williams-Jones Consulting, Easton, PA; MD; Pure Storage—All Flash Park, MD; Synertex LLC, Reston, VA; Wireless Research Center of North Technology, Reston, VA; QED Systems Systems & Technology Research, Carolina, Lake Forest, NC; Woolpert, Inc., Virginia Beach, VA; Qlik, Leesburg, Woburn, MA; Systems Engineering Charlotte, NC; World Wide Technology, VA; Quest Public Sector, Rockville, MD; Group, Columbia, MD; Systems Saint Louis, MO; X Technologies, Inc., R2C Inc., Huntsville, AL; R9B, Colorado Innovation Engineering, Ashburn, VA; San Antonio, TX; X-Feds, Inc., San Springs, CO; Ratio Innovation Tactical Air Support, Inc., Lexington Diego, CA; Zekiah Technologies, Inc., La Management, LLC, Fredericksburg, VA; Park, MD; TapHere! Technology, LLC, Plata, MD; Zenetex, LLC, Washington, RavenTek Solution Partners, Herndon, Manassas, VA; Technica Corporation, DC; and Zolon Tech Inc., Herndon, VA. VA; Raytheon Company, Waltham, MA; Dulles, VA; Technical Systems The general area of NASC’s planned Red Hat, Inc., McLean, VA; Red River Integration, Inc., Norfolk, VA; activity is to execute and implement an Technology LLC, Reston, VA; Red Wire Technology Security Associates, Inc., Other Transaction Agreement (‘‘OT Technologies, Knoxville, TN; REDCOM California, MD; Technology Service Agreement’’) with the U.S. Government Laboratories, Inc., Victor, NY; Redstone Corporation (TSC), Los Angeles, CA; (‘‘Government’’) (a) for the funding of Aviation Group, Huntsville, AL; Telephonics Corporation, Farmingdale, certain research, development, testing Reservoir Labs, Inc., New York, NY; NY; Telesto Group, LLC, West Palm and evaluation of prototypes leading to Resource Management Concepts, Inc., Beach, FL; Tennessee State University, follow-on project production to be Lexington Park, MD; Rite-Solutions, Nashville, TN; Thales Defense & conducted as a collaboration between Inc., Arlington, VA; RIX Industries, Security, Inc., Clarksburg, MD; The the Government and the NASC Benicia, CA; Rocket Technology, Inc., Albers Group, LLC, McKinney, TX; The Members, to enhance the capabilities of Richmond, VA; Rohde & Schwarz USA, Boeing Company, Lake Ridge, VA; The the Government and its departments Inc., Flower Mound, TX; Sabre Systems Center for Innovation, Technology, and and agencies in the development of Inc., Lexington Park, MD; Safe, Inc., Entrepreneurship, Inc. (CITE), prototypes and full production thereof Tempe, AZ; Science Applications Baltimore, MD; The Charles Stark in the critical technology field of naval International Corporation (SAIC), Draper Laboratory, Inc., Cambridge, MA; aviation (‘‘NASC Mission’’); (b) to Reston, VA; SAP, Washington, DC; The Informatics Applications Group, participate in the establishment of Scalable Network Technologies, Inc., Inc. (TIAG), Reston, VA; The Maryland sound technical and programmatic Culver City, CA; Science and Center at Bowie State University, Bowie, performance goals based on the needs Engineering Services LLC, California, MD; The MIL Corporation, Lexington and requirements of the Government’s MD; Scientific Research Corporation, Park, MD; The Patuxent Partnership, naval aviation Technology Objectives;
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(c) to provide a unified voice to monitoring systems, and set specified DEPARTMENT OF LABOR effectively articulate the global and NOx and SO2 emission limits (except strategically important role the NASC that the emission limit for SO2 at the Employment and Training Mission plays in furthering national Cupertino, CA facility would be Administration security objectives; and (d) to maximize established through a testing program). the utilization of the Government’s and Agency Information Collection The Decree would also require Lehigh to Activities; Comment Request; Benefits Members’ capabilities to effectively pay a civil penalty of $1.3 million, and develop critical technologies which can Timeliness and Quality (BTQ) Review perform a mitigation project involving System be transitioned and commercialized. upgrading two off-road vehicle engines Suzanne Morris, at an estimated cost of $650,000, which ACTION: Notice. Chief, Premerger and Division Statistics Unit, is expected to reduce smog-forming SUMMARY: The Department of Labor’s Antitrust Division. NO by approximately 25 tons per year. X (DOL’s) Employment and Training [FR Doc. 2019–26652 Filed 12–10–19; 8:45 am] The publication of this notice opens Administration (ETA) is soliciting BILLING CODE 4410–11–P a period for public comment on the comments concerning a proposed Consent Decree. Comments should be extension for the authority to conduct DEPARTMENT OF JUSTICE addressed to the Assistant Attorney the information collection request (ICR) General, Environment and Natural titled, ‘‘Benefits Timeliness and Quality Notice of Lodging of Proposed Resources Division, and should refer to Review System.’’ This comment request Consent Decree Under the Clean Air United States, et al. v. Lehigh Cement is part of continuing Departmental Act Company LLC and Lehigh White Cement efforts to reduce paperwork and Company, LLC, D.J. Ref. No. 90–5–2–1– respondent burden in accordance with On December 3, 2019, the Department 08531/1. All comments must be the Paperwork Reduction Act of 1995 of Justice lodged a proposed Consent submitted no later than 30 days after the (PRA). Decree with the United States District DATES: Court for the Eastern District of publication date of this notice. Consideration will be given to all Pennsylvania in the lawsuit entitled Comments may be submitted either by written comments received by February United States, et al. v. Lehigh Cement email or by mail: 10, 2020. Company LLC and Lehigh White Cement ADDRESSES: A copy of this ICR with Company, LLC, Civil Action No. 5:19- To submit com- applicable supporting documentation, ments: Send them to: cv-05688. including a description of the likely In a Complaint that was filed respondents, proposed frequency of By e-mail ...... pubcomment-ees.enrd@ response, and estimated total burden, simultaneously with the Consent usdoj.gov. may be obtained free by contacting Decree, the United States and seven By mail ...... Assistant Attorney Gen- states and state or local agencies seek eral, U.S. DOJ— Candace Edens by telephone at 202– injunctive relief against Lehigh Cement ENRD, P.O. Box 693–3195 (this is not a toll-free Company LLC (‘‘Lehigh’’) and Lehigh 7611, Washington, number), TTY 1–877–889–5627 (this is White Cement Company, LLC (‘‘Lehigh D.C. 20044–7611. not a toll-free number), or by email at White’’) and penalties against Lehigh, [email protected]. Submit written comments about, or pursuant to Sections 113(b) and 167 of During the public comment period, requests for a copy of, this ICR by mail the Clean Air Act (‘‘the Act’’), 42 U.S.C. the Consent Decree may be examined or courier to the U.S. Department of 7413(b) and 7477, for alleged violations and downloaded at this Justice of the Prevention of Significant Labor, Employment and Training Department website: http:// Administration, Office of Deterioration provisions of the Act, 42 www.justice.gov/enrd/consent-decrees. U.S.C. 7470–7492; the nonattainment Unemployment Insurance, 200 New Source Review provisions of the We will provide a paper copy of the Constitution Avenue NW, Room S– Act, 42 U.S.C. 7501–7515; the federally- Consent Decree upon written request 4524, Washington, DC 20210; by email: approved and enforceable state and payment of reproduction costs. [email protected]; or by Fax implementation plans, which Please mail your request and payment 202–693–3975. incorporate and/or implement the above to: Consent Decree Library, U.S. DOJ— SUPPLEMENTARY INFORMATION: DOL, as listed requirements; and corresponding ENRD, P.O. Box 7611, Washington, DC part of continuing efforts to reduce state laws. The Complaint alleges claims 20044–7611. paperwork and respondent burden, at one or more of eleven Portland Please enclose a check or money order conducts a pre-clearance consultation cement facilities located in eight states for $26.00 (25 cents per page program to provide the general public owned or operated by Lehigh or Lehigh and Federal agencies an opportunity to reproduction cost) payable to the United White. The states and state or local comment on proposed and/or States Treasury. agencies that have joined the Complaint continuing collections of information and are signatories to the Consent Randall M. Stone, before submitting them to the Office of Decree consist of Indiana, Iowa, Acting Assistant Section Chief, Management and Budget (OMB) for final Maryland, New York, the Pennsylvania Environmental Enforcement Section, approval. This program helps to ensure Department of Environmental Environment and Natural Resources Division. requested data can be provided in the Protection, the Jefferson County Board [FR Doc. 2019–26646 Filed 12–10–19; 8:45 am] desired format, reporting burden (time of Health (Alabama), and the Bay Area and financial resources) is minimized, BILLING CODE 4410–15–P Air Quality Management District collection instruments are clearly (California). understood, and the impact of collection The Consent Decree would require requirements can be properly assessed. installation of emissions control The burden information for the ETA technology for nitrogen oxides (NOX) 9057 has been revised to adjust the and sulfur dioxide (SO2), emissions number of small and large states to
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reflect the most recent data. This • Minimize the burden of the respondents, proposed frequency of category is dependent upon the number collection of information on those who response, and estimated total burden, of decisions the states issued during the are to respond, including through the may be obtained free by contacting prior calendar year, and varies from year use of appropriate automated, Donald Haughton by telephone at 202– to year. The ETA 9054 report has been electronic, mechanical, or other 693–2784, TTY 1–877–889–5627 (this is revised to correct a typographical error technological collection techniques or not a toll-free number), or by email at in Section A. The third time lapse other forms of information technology, [email protected]. category reads 45–60 (days), but should (e.g., permitting electronic submission Submit written comments about, or read 46–60 (days). The BTQ program of responses). requests for a copy of, this ICR by mail collects information and analyzes data. Agency: DOL–ETA. or courier to the U.S. Department of The BTQ data measure the timeliness Type of Review: Revision. Labor, Employment and Training and quality of states’ administrative Title of Collection: Benefits Administration, Office of Workforce actions and administrative decisions Timeliness and Quality Review System. Investment, 200 Constitution Avenue related to unemployment insurance Forms: ETA–9050, ETA–9051, ETA– NW, Room C–4510, Washington DC, benefit payments. Sections 303(a)(1) and 9052, ETA–9054, ETA–9055, ETA–9056, 20210; by email: Haughton.Donald.W@ (a)(6) of the Social Security Act (42 ETA–9057. dol.gov; or by Fax 202–693–3015. U.S.C. 503(a)(1) and 503(a)(6)) authorize OMB Control Number: 1205–0359. FOR FURTHER INFORMATION CONTACT: this information collection. Affected Public: State Workforce Donald Haughton by telephone at 202– This information collection is subject Agencies. 693–2784 (this is not a toll-free number) to the PRA. A Federal agency generally Estimated Number of Respondents: or by email at Haughton.Donald.W@ cannot conduct or sponsor a collection 53. dol.gov. Frequency: Monthly and Quarterly. of information, and the public is SUPPLEMENTARY INFORMATION: DOL, as generally not required to respond to an Total Estimated Annual Responses: 27,556. part of continuing efforts to reduce information collection, unless it is paperwork and respondent burden, approved by OMB under the PRA and Estimated Average Time per Response: 64 minutes. conducts a pre-clearance consultation displays a currently valid OMB Control program to provide the general public Number. In addition, notwithstanding Estimated Total Annual Burden Hours: 37,012 hours. and Federal agencies an opportunity to any other provisions of law, no person comment on proposed and/or shall generally be subject to penalty for Total Estimated Annual Other Cost Burden: $0. continuing collections of information failing to comply with a collection of before submitting them to the Office of information that does not display a Authority: 44 U.S.C. 3506(c)(2)(A). Management and Budget (OMB) for final valid Control Number. See 5 CFR John Pallasch, approval. This program helps to ensure 1320.5(a) and 1320.6. requested data can be provided in the Interested parties are encouraged to Assistant Secretary for Employment and Training. desired format, reporting burden (time provide comments to the contact shown [FR Doc. 2019–26658 Filed 12–10–19; 8:45 am] and financial resources) is minimized, in the ADDRESSES section. Comments BILLING CODE 4510–FW–P collection instruments are clearly must be written to receive understood, and the impact of collection consideration, and they will be requirements can be properly assessed. summarized and included in the request DEPARTMENT OF LABOR Under Executive Orders 12073 and for OMB approval of the final ICR. In 10582, and 20 CFR parts 651 and 654, order to help ensure appropriate Employment and Training the Secretary of Labor is required to consideration, comments should Administration classify Labor Surplus Areas (LSAs) and mention OMB control number 1205– disseminate this information for the use 0359. Agency Information Collection of all Federal agencies. This information Submitted comments will also be a Activities; Comment Request; Petition is used by Federal agencies for various matter of public record for this ICR and for Classifying Labor Surplus Areas purposes including procurement posted on the internet, without decisions, waiver decisions for the redaction. DOL encourages commenters ACTION: Notice. Supplemental Nutritional Assistance not to include personally identifiable SUMMARY: Program, certain small business loan information, confidential business data, The Department of Labor’s (DOL’s), Employment and Training decisions, as well as other purposes or other sensitive statements/ determined by the agencies. The LSA information in any comments. Administration (ETA) is soliciting comments concerning a proposed list is issued annually, effective October DOL is particularly interested in extension for the authority to conduct 1 of each year, utilizing data from the comments that: the information collection request (ICR) Bureau of Labor Statistics. Areas • Evaluate whether the proposed titled, ‘‘Petition for Classifying Labor meeting the criteria are classified as collection of information is necessary Surplus Areas.’’ This comment request LSAs. for the proper performance of the is part of continuing Departmental Department regulations specify that functions of the agency, including efforts to reduce paperwork and the Department can add other areas to whether the information will have respondent burden in accordance with the annual LSA listing under the practical utility; the Paperwork Reduction Act of 1995 exceptional circumstance criteria. Such • Evaluate the accuracy of the (PRA). additions are based on information agency’s estimate of the burden of the contained in petitions submitted by the proposed collection of information, DATES: Consideration will be given to all state workforce agencies (SWAs) to including the validity of the written comments received by February ETA. These petitions contain specific methodology and assumptions used; 10, 2020. economic information about an area to • Enhance the quality, utility, and ADDRESSES: A copy of this ICR with provide ample justification for adding clarity of the information to be applicable supporting documentation, the area to the LSA listing under the collected; and including a description of the likely exceptional circumstances criteria. The
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petitions submitted by the SWAs • Enhance the quality, utility, and response, and estimated total burden concern various aspects of clarity of the information to be may be obtained free of charge from the unemployment and the economic collected; and RegInfo.gov website at http:// condition for a specific area in order to • Minimize the burden of the www.reginfo.gov/public/do/ provide justification for adding the area collection of information on those who PRAViewICR?ref_nbr=201910-1250-002 to the LSA list under the exceptional are to respond, including through the (this link will only become active on the circumstances criteria. Under these use of appropriate automated, day following publication of this notice) criteria, an area may be determined electronic, mechanical, or other or by contacting Frederick Licari by eligible for classification as a LSA if it technological collection techniques or telephone at 202–693–8073, TTY 202– is experiencing a high rate of other forms of information technology, 693–8064, (this is not a toll-free unemployment which is not temporary (e.g., permitting electronic submission number) or by email at DOL_PRA_ or seasonal and which was not of responses). [email protected]. adequately reflected in the Agency: DOL–ETA. Submit comments about this request unemployment data for the two-year Type of Review: Extension without by mail to the Office of Information and reference period. Instructions designed changes. Regulatory Affairs, Attn: OMB Desk to assist SWAs in the preparation of Title of Collection: Petition for Officer for DOL–OFCCP, Office of such petitions are currently contained Classifying Labor Surplus Areas. Management and Budget, Room 10235, on the ETA website: http:// Form: N/A. 725 17th Street NW, Washington, DC www.doleta.gov/programs/lsa.cfm. OMB Control Number: 1205–0207. 20503; by Fax: 202–395–5806 (this is This information collection is subject Affected Public: State Workforce not a toll-free number); or by email: to the PRA. A Federal agency generally Agencies. [email protected]. cannot conduct or sponsor a collection Estimated Number of Respondents: 3. Commenters are encouraged, but not of information, and the public is Frequency: Annually. required, to send a courtesy copy of any generally not required to respond to an Total Estimated Annual Responses: 3. comments by mail or courier to the U.S. information collection, unless it is Estimated Average Time per Department of Labor—OASAM, Office approved by OMB under the PRA and Response: 3 hours. of the Chief Information Officer, Attn: displays a currently valid OMB Control Estimated Total Annual Burden Departmental Information Compliance Number. In addition, notwithstanding Hours: 9 hours. Management Program, Room N1301, any other provisions of law, no person Total Estimated Annual Other Cost 200 Constitution Avenue NW, shall generally be subject to penalty for Burden: $0. Washington, DC 20210; or by email: failing to comply with a collection of Authority: 44 U.S.C. 3506(c)(2)(A). [email protected]. information that does not display a FOR FURTHER INFORMATION CONTACT: John Pallasch, valid Control Number. See 5 CFR Frederick Licari by telephone at 202– 1320.5(a) and 1320.6. Assistant Secretary for Employment and Training. 693–8073, TTY 202–693–8064, (these Interested parties are encouraged to are not toll-free numbers) or by email at provide comments to the contact shown [FR Doc. 2019–26657 Filed 12–10–19; 8:45 am] [email protected]. BILLING CODE 4510–FN–P in the ADDRESSES section. Comments SUPPLEMENTARY INFORMATION: This ICR must be written to receive seeks PRA authority for the consideration, and they will be DEPARTMENT OF LABOR Construction Compliance Check Letters summarized and included in the request information collection. OFCCP will for OMB approval of the final ICR. In Agency Information Collection conduct compliance checks of order to help ensure appropriate Activities; Submission for OMB construction contractors. The consideration, comments should Review; Comment Request; compliance check is an investigative mention Classifying Labor Surplus Construction Compliance Check method to help contractors comply with Areas (LSA), OMB control number Letters Office of the Secretary OFCCP’s Affirmative Action Program 1205–0207. (AAP) and recordkeeping requirements. Submitted comments will also be a ACTION: Notice of availability; request An annual AAP is fundamental to matter of public record for this ICR and for comments. maintaining an active system capable of posted on the internet, without providing ongoing equal employment redaction. The DOL encourages SUMMARY: The Department of Labor opportunity through affirmative action commenters not to include personally (DOL) Office of Federal Compliance and ensuring nondiscrimination. identifiable information, confidential Programs (OFCCP) is submitting the This proposed information collection business data, or other sensitive sponsored information collection is subject to the PRA. A Federal agency statements/information in any request (ICR) proposal titled, generally cannot conduct or sponsor a comments. ‘‘Construction Compliance Check collection of information, and the public The DOL is particularly interested in Letters,’’ to the Office of Management is generally not required to respond to comments that: and Budget (OMB) for review and an information collection, unless the • Evaluate whether the proposed approval for use in accordance with the OMB, under the PRA, approves it and collection of information is necessary Paperwork Reduction Act (PRA) of displays a currently valid OMB Control for the proper performance of the 1995. Public comments on the ICR are Number. In addition, notwithstanding functions of the agency, including invited. any other provisions of law, no person whether the information will have DATES: The OMB will consider all shall generally be subject to penalty for practical utility; written comments that agency receives failing to comply with a collection of • Evaluate the accuracy of the on or before January 10, 2020. information if the collection of agency’s estimate of the burden of the ADDRESSES: A copy of this ICR with information does not display a valid proposed collection of information, applicable supporting documentation; Control Number. See 5 CFR 1320.5(a) including the validity of the including a description of the likely and 1320.6. For additional information, methodology and assumptions used; respondents, proposed frequency of see the related notice published in the
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Federal Register on April 8, 2019 (84 FR Foundation regulations (45 CFR part comments electronically should contact 13964). 614), the National Science Foundation the person identified in the FOR FURTHER Interested parties are encouraged to Act, as amended (42 U.S.C. 1862n–5), INFORMATION CONTACT section by send comments to the OMB, Office of and the Government in the Sunshine telephone for advice on filing Information and Regulatory Affairs at Act (5 U.S.C. 552b), hereby gives notice alternatives. the address shown in the ADDRESSES of the scheduling of a teleconference for FOR FURTHER INFORMATION CONTACT: section within thirty-(30) days of the transaction of National Science David A. Trissell, General Counsel, at publication of this notice in the Federal Board business, as follows: 202–789–6820. Register. In order to help ensure TIME & DATE: Monday, December 16, SUPPLEMENTARY INFORMATION: appropriate consideration, comments 2019, from 3:00–4:00 p.m. EST. should mention OMB ICR Reference PLACE: This meeting will be held by Table of Contents Number 201910–1250–002. The OMB is teleconference at the National Science I. Introduction particularly interested in comments Foundation, 2415 Eisenhower Avenue, II. Docketed Proceeding(s) that: Alexandria, VA 22314. An audio link • I. Introduction Evaluate whether the proposed will be available for the public. collection of information is necessary Members of the public must contact the The Commission gives notice that the for the proper performance of the Board Office to request the public audio Postal Service filed request(s) for the functions of the agency, including link by sending an email to Commission to consider matters related whether the information will have [email protected] at least 24 to negotiated service agreement(s). The practical utility: hours prior to the teleconference. request(s) may propose the addition or • Evaluate the accuracy of the STATUS: Open. removal of a negotiated service agency’s estimate of the burden of the agreement from the market dominant or MATTERS TO BE CONSIDERED: Committee proposed collection of information, the competitive product list, or the Chair’s opening remarks; discussion of including the validity of the modification of an existing product NSB process for approval of MSRI–2 methodology and assumptions used; currently appearing on the market • awards; Committee Chair’s closing Enhance the quality, utility, and dominant or the competitive product remarks. clarity of the information to be list. collected; and CONTACT PERSON FOR MORE INFORMATION: Section II identifies the docket • Minimize the burden of the Point of contact for this meeting is: Elise number(s) associated with each Postal collection of information on those who Lipkowitz, [email protected], 2415 Service request, the title of each Postal are to respond, including through the Eisenhower Avenue, Alexandria, VA Service request, the request’s acceptance use of appropriate automated, 22314. Telephone: 703/292–7000. date, and the authority cited by the electronic, mechanical, or other Meeting information and updates may Postal Service for each request. For each technological collection techniques or be found at http://www.nsf.gov/nsb/ request, the Commission appoints an other forms of information technology, notices/.jsp#sunshine. Please refer to the officer of the Commission to represent e.g., permitting electronic submission of National Science Board website at the interests of the general public in the responses. www.nsf.gov/nsb for general proceeding, pursuant to 39 U.S.C. 505 Agency: DOL–OFCCP. information. (Public Representative). Section II also Title of Collection: Construction establishes comment deadline(s) Compliance Check Letters. Chris Blair, Executive Assistant to the NSB Office. pertaining to each request. OMB ICR Reference Number: 201910– The public portions of the Postal [FR Doc. 2019–26770 Filed 12–9–19; 4:15 pm] 1250–002. Service’s request(s) can be accessed via Affected Public: Private Sector; BILLING CODE 7555–01–P the Commission’s website (http:// Businesses or other for-profits. www.prc.gov). Non-public portions of Total Estimated Number of the Postal Service’s request(s), if any, Respondents: 500. POSTAL REGULATORY COMMISSION can be accessed through compliance Total Estimated Number of with the requirements of 39 CFR Responses: 500. [Docket Nos. MC2020–47 and CP2020–45; MC2020–48 and CP2020–46; MC2020–49 3007.301.1 Total Estimated Annual Time Burden: and CP2020–47; MC2020–50 and CP2020– The Commission invites comments on 3,650 hours. 48] whether the Postal Service’s request(s) Total Estimated Annual Other Costs in the captioned docket(s) are consistent Burden: $0. New Postal Products with the policies of title 39. For (Authority: 44 U.S.C. 3507(a)(1)(D)). AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states concern market dominant product(s), Dated: December 5, 2019. ACTION: Notice. applicable statutory and regulatory Frederick Licari, SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 Departmental Clearance Officer. recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 [FR Doc. 2019–26656 Filed 12–10–19; 8:45 am] Commission’s consideration concerning CFR part 3020, subpart B. For request(s) BILLING CODE 4510–CM–P a negotiated service agreement. This that the Postal Service states concern notice informs the public of the filing, competitive product(s), applicable invites public comment, and takes other statutory and regulatory requirements NATIONAL SCIENCE FOUNDATION administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, DATES: Comments are due: December 39 U.S.C. 3642, 39 CFR part 3015, and Sunshine Act Meeting; National 13, 2019. 39 CFR part 3020, subpart B. Comment Science Board ADDRESSES: Submit comments 1 See Docket No. RM2018–3, Order Adopting The National Science Board’s electronically via the Commission’s Final Rules Relating to Non-Public Information, Committee on Awards and Facilities Filing Online system at http:// June 27, 2018, Attachment A at 19–22 (Order No. (A&F), pursuant to National Science www.prc.gov. Those who cannot submit 4679).
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deadline(s) for each request appear in Regulatory Commission to add a ACTION: Notice. section II. domestic shipping services contract to the list of Negotiated Service SUMMARY: The Postal Service gives II. Docketed Proceeding(s) Agreements in the Mail Classification notice of filing a request with the Postal 1. Docket No(s).: MC2020–47 and Schedule’s Competitive Products List. Regulatory Commission to add a CP2020–45; Filing Title: USPS Request DATES: Date of required notice: domestic shipping services contract to to Add Priority Mail & First-Class December 11, 2019. the list of Negotiated Service Package Service Contract 134 to FOR FURTHER INFORMATION CONTACT: Agreements in the Mail Classification Competitive Product List and Notice of Sean Robinson, 202–268–8405. Schedule’s Competitive Products List. Filing Materials Under Seal; Filing SUPPLEMENTARY INFORMATION: The DATES: Date of required notice: Acceptance Date: December 5, 2019; United States Postal Service® hereby December 11, 2019. Filing Authority: 39 U.S.C. 3642, 39 CFR gives notice that, pursuant to 39 U.S.C. 3020.30 et seq., and 39 CFR 3015.5; FOR FURTHER INFORMATION CONTACT: 3642 and 3632(b)(3), on December 5, Public Representative: Christopher C. Sean Robinson, 202–268–8405. 2019, it filed with the Postal Regulatory Mohr; Comments Due: December 13, Commission a USPS Request to Add SUPPLEMENTARY INFORMATION: The 2019. ® Priority Mail Contract 571 to United States Postal Service hereby 2. Docket No(s).: MC2020–48 and Competitive Product List. Documents gives notice that, pursuant to 39 U.S.C. CP2020–46; Filing Title: USPS Request are available at www.prc.gov, Docket 3642 and 3632(b)(3), on December 5, to Add Priority Mail & First-Class Nos. MC2020–50, CP2020–48. 2019, it filed with the Postal Regulatory Package Service Contract 135 to Commission a USPS Request to Add Sean Robinson, Competitive Product List and Notice of Priority Mail Contract 570 to Filing Materials Under Seal; Filing Attorney, Corporate and Postal Business Law. Competitive Product List. Documents Acceptance Date: December 5, 2019; [FR Doc. 2019–26625 Filed 12–10–19; 8:45 am] are available at www.prc.gov, Docket Filing Authority: 39 U.S.C. 3642, 39 CFR BILLING CODE 7710–12–P Nos. MC2020–49, CP2020–47. 3020.30 et seq., and 39 CFR 3015.5; Public Representative: Christopher C. Sean Robinson, Mohr; Comments Due: December 13, POSTAL SERVICE Attorney, Corporate and Postal Business Law. 2019. [FR Doc. 2019–26624 Filed 12–10–19; 8:45 am] Product Change—Priority Mail and 3. Docket No(s).: MC2020–49 and BILLING CODE 7710–12–P CP2020–47; Filing Title: USPS Request First-Class Package Service to Add Priority Mail Contract 570 to Negotiated Service Agreement Competitive Product List and Notice of AGENCY: Postal Service TM. POSTAL SERVICE Filing Materials Under Seal; Filing ACTION: Notice. Acceptance Date: December 5, 2019; Product Change—Priority Mail and Filing Authority: 39 U.S.C. 3642, 39 CFR SUMMARY: The Postal Service gives First-Class Package Service 3020.30 et seq., and 39 CFR 3015.5; notice of filing a request with the Postal Negotiated Service Agreement Public Representative: Jennaca D. Regulatory Commission to add a TM Upperman; Comments Due: December domestic shipping services contract to AGENCY: Postal Service . 13, 2019. the list of Negotiated Service ACTION: Notice. 4. Docket No(s).: MC2020–50 and Agreements in the Mail Classification CP2020–48; Filing Title: USPS Request Schedule’s Competitive Products List. SUMMARY: The Postal Service gives to Add Priority Mail Contract 571 to DATES: Date of required notice: notice of filing a request with the Postal Competitive Product List and Notice of December 11, 2019. Regulatory Commission to add a Filing Materials Under Seal; Filing FOR FURTHER INFORMATION CONTACT: domestic shipping services contract to Acceptance Date: December 5, 2019; Sean Robinson, 202–268–8405. the list of Negotiated Service Filing Authority: 39 U.S.C. 3642, 39 CFR SUPPLEMENTARY INFORMATION: The Agreements in the Mail Classification 3020.30 et seq., and 39 CFR 3015.5; United States Postal Service ® hereby Schedule’s Competitive Products List. Public Representative: Jennaca D. gives notice that, pursuant to 39 U.S.C. Upperman; Comments Due: December DATES: Date of required notice: 3642 and 3632(b)(3), on December 5, December 11, 2019. 13, 2019. 2019, it filed with the Postal Regulatory This Notice will be published in the Commission a USPS Request to Add FOR FURTHER INFORMATION CONTACT: Federal Register. Priority Mail & First-Class Package Sean Robinson, 202–268–8405. Darcie S. Tokioka, Service Contract 134 to Competitive SUPPLEMENTARY INFORMATION: The ® Acting Secretary. Product List. Documents are available at United States Postal Service hereby [FR Doc. 2019–26662 Filed 12–10–19; 8:45 am] www.prc.gov, Docket Nos. MC2020–47, gives notice that, pursuant to 39 U.S.C. BILLING CODE 7710–FW–P CP2020–45. 3642 and 3632(b)(3), on December 5, Sean Robinson, 2019, it filed with the Postal Regulatory Commission a USPS Request to Add Attorney, Corporate and Postal Business Law. POSTAL SERVICE Priority Mail & First-Class Package [FR Doc. 2019–26622 Filed 12–10–19; 8:45 am] Service Contract 135 to Competitive BILLING CODE 7710–12–P Product Change—Priority Mail Product List. Documents are available at Negotiated Service Agreement www.prc.gov, Docket Nos. MC2020–48, CP2020–46. POSTAL SERVICE AGENCY: Postal ServiceTM. Sean Robinson, ACTION: Notice. Product Change—Priority Mail Attorney, Corporate and Postal Business Law. Negotiated Service Agreement SUMMARY: The Postal Service gives [FR Doc. 2019–26623 Filed 12–10–19; 8:45 am] notice of filing a request with the Postal AGENCY: Postal Service TM. BILLING CODE 7710–12–P
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SECURITIES AND EXCHANGE complete, for 0.75 hours, rounded up to that are based on, or represent an COMMISSION one hour, for a total of two hours. interest in, an underlying index or Written comments are invited on: (a) reference asset that includes an NMS [SEC File No. 270–498, OMB Control No. 3235–0556] Whether the proposed collection of Stock listed on the Exchange. The information is necessary for the proper proposed rule change was published for Proposed Collection; Comment performance of the functions of the comment in the Federal Register on Request Commission, including whether the October 23, 2019.3 The Commission has information shall have practical utility; received no comment letters on the Upon Written Request, Copies Available (b) the accuracy of the Commission’s proposed rule change. From: Securities and Exchange estimates of the burden of the proposed Section 19(b)(2) of the Act 4 provides Commission, Office of FOIA Services, collection of information; (c) ways to that within 45 days of the publication of 100 F Street NE, Washington, DC enhance the quality, utility, and clarity notice of the filing of a proposed rule 20549–2736. of the information collected; and (d) change, or within such longer period up Extension: ways to minimize the burden of the to 90 days as the Commission may Rule 15b11–1/Form BD–N. collection of information on designate if it finds such longer period Notice is hereby given that, pursuant respondents, including through the use to be appropriate and publishes its to the Paperwork Reduction Act of 1995 of automated collection techniques or reasons for so finding, or as to which the (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the other forms of information technology. self-regulatory organization consents, Securities and Exchange Commission Consideration will be given to the Commission shall either approve the (‘‘Commission’’) is soliciting comments comments and suggestions submitted in proposed rule change, disapprove the on the collection of information writing within 60 days of this proposed rule change, or institute provided for in Rule 15b11–1 (17 CFR publication. proceedings to determine whether the 240.15b11–1) under the Securities An agency may not conduct or proposed rule change should be Exchange Act of 1934 (‘‘Exchange Act’’) sponsor, and a person is not required to disapproved. The 45th day after (15 U.S.C. 78a et seq.) and Form BD–N respond to, a collection of information publication of the notice for this (17 CFR 249.501b). The Commission under the PRA unless it displays a proposed rule change is December 7, plans to submit this existing collection currently valid OMB control number. 2019. The Commission is extending this of information to the Office of Please direct your written comments 45-day time period. Management and Budget (‘‘OMB’’) for to: Charles Riddle, Acting Director/Chief The Commission finds it appropriate extension and approval. Information Officer, Securities and to designate a longer period within Rule 15b11–1 provides that a broker Exchange Commission, c/o Cynthia which to take action on the proposed or dealer may register by notice Roscoe, 100 F Street NE, Washington, _ rule change so that it has sufficient time pursuant to section 15(b)(11)(A) of the DC 20549, or send an email to: PRA to consider the proposed rule change. Exchange Act (15 U.S.C. 78o(b)(11)(A)) [email protected]. Accordingly, the Commission, pursuant if it: (1) Is registered with the Dated: December 5, 2019. to Section 19(b)(2) of the Act,5 Commodity Futures Trading Jill M. Peterson, designates January 21, 2020 as the date Commission as a futures commission Assistant Secretary. by which the Commission shall either merchant or an introducing broker, as [FR Doc. 2019–26629 Filed 12–10–19; 8:45 am] approve or disapprove, or institute those terms are defined in the BILLING CODE 8011–01–P proceedings to determine whether to Commodity Exchange Act (7 U.S.C. 1, et disapprove, the proposed rule change seq.); (2) is a member of the National (File No. SR–NYSE–2019–54). Futures Association or another national SECURITIES AND EXCHANGE For the Commission, by the Division of securities association registered under COMMISSION Trading and Markets, pursuant to delegated section 15A(k) of the Exchange Act (15 authority.6 U.S.C. 78o–3(k)); and (3) is not required [Release No. 34–87671; File No. SR–NYSE– 2019–54] Jill M. Peterson, to register as a broker or dealer in Assistant Secretary. connection with transactions in Self-Regulatory Organizations; New securities other than security futures [FR Doc. 2019–26641 Filed 12–10–19; 8:45 am] York Stock Exchange LLC; Notice of BILLING CODE 8011–01–P products. The rule also requires a broker Designation of a Longer Period for or dealer registering by notice to do so Commission Action on a Proposed by filing Form BD–N (17 CFR 249.501b) Rule Change To Permit the Exchange SECURITIES AND EXCHANGE in accordance with the instructions to To List and Trade Exchange Traded COMMISSION the form. In addition, the rule provides Products that if the information provided by Proposed Collection; Comment filing the form is or becomes inaccurate December 5, 2019. Request for any reason, the broker or dealer shall On October 3, 2019, New York Stock promptly file an amendment on the Exchange LLC (‘‘Exchange’’) filed with Upon Written Request Copies Available form correcting such information. the Securities and Exchange From: Securities and Exchange The Commission staff estimates that Commission (‘‘Commission’’), pursuant Commission, Office of FOIA Services, the total annual reporting burden to Section 19(b)(1) of the Securities 100 F Street, NE, Washington, DC associated with Rule 15b11–1 and Form Exchange Act of 1934 (‘‘Act’’) 1 and Rule 20549–2736. 2 BD–N is approximately two hours, 19b–4 thereunder, a proposed rule Extension: based on an average of two initial notice change to list and trade Exchange registrations per year that each take Traded Products that have a component 3 See Securities Exchange Act Release No. 87329 approximately 30 minutes to complete, NMS Stock listed on the Exchange or (Oct. 17, 2019), 84 FR 56864. for one hour, plus an average of three 4 15 U.S.C. 78s(b)(2). amendments per year that each take 1 15 U.S.C.78s(b)(1). 5 Id. approximately fifteen minutes to 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31).
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Rule 147(f)(1)(iii) Written Representation Exchange Commission, c/o Cynthia Office Building, Washington, DC 20503, as to Purchaser Residency, SEC File No. Roscoe, 100 F Street NE, Washington, or by sending an email to: 270–805, OMB Control No. 3235–0756 DC 20549 or send an email to: PRA_ [email protected]; and (ii) Notice is hereby given that, pursuant [email protected]. Charles Riddle, Acting Director/Chief to the Paperwork Reduction Act of 1995 Dated: December 5, 2019. Information Officer, Securities and (44 U.S.C. 3501 et seq.), the Securities Jill M. Peterson, Exchange Commission, c/o Cynthia and Exchange Commission Assistant Secretary. Roscoe, 100 F Street NE, Washington, (‘‘Commission’’) is soliciting comments DC 20549 or send an email to: PRA_ [FR Doc. 2019–26627 Filed 12–10–19; 8:45 am] on the collection of information [email protected]. Comments must be summarized below. The Commission BILLING CODE 8011–01–P submitted to OMB within 30 days of plans to submit this existing collection this notice. of information to the Office of Management and Budget for extension SECURITIES AND EXCHANGE Dated: December 5, 2019. and approval. COMMISSION Jill M. Peterson, Rule 147 is a safe harbor under the Submission for OMB Review; Assistant Secretary. Securities Act Section 3(a)(11)(15 U.S.C. Comment Request [FR Doc. 2019–26628 Filed 12–10–19; 8:45 am] 77c(a)(11)) exemption from registration. BILLING CODE 8011–01–P To qualify for the safe harbor, Rule Upon Written Request Copies Available 147(f)(1)(iii) (17 CFR 230.147) will From: Securities and Exchange require the issuer to obtain from the Commission, Office of FOIA Services, purchaser a written representation as to 100 F Street NE, Washington, DC SMALL BUSINESS ADMINISTRATION the purchaser’s residency. Under Rule 20549–2736 147, the purchaser in the offering must Extension: [License No. 04/04–0330] be a resident of the same state or Form SD, SEC File No. 270–647, OMB territory in which the issuer is a Control No. 3235–0697 resident. While the formal Ballast Point Ventures III, L.P.; Notice representation of residency by itself is Notice is hereby given that, pursuant Seeking Exemption Under Section 312 not sufficient to establish a reasonable to the Paperwork Reduction Act of 1995 of the Small Business Investment Act, belief that such purchasers are in-state (44 U.S.C. 3501 et seq.), the Securities Conflicts of Interest residents, the representation and Exchange Commission requirement, together with the (‘‘Commission’’) has submitted to the Notice is hereby given that Ballast reasonable belief standard, may result in Office of Management and Budget this Point Ventures III, L.P., 401 East Jackson better compliance with the rule and request for extension of the previously Street, Suite 2300, Tampa, FL 33602, a maintaining appropriate investor approved collection of information Federal Licensee under the Small protections. The representation of discussed below. Business Investment Act of 1958, as residency is not provided to the Form SD (17 CFR 249b–400) under amended (‘‘the Act’’), in connection Commission. Approximately 700 Securities Exchange Act of 1934 (15 with the financing in a small concern, respondents provide the information U.S.C. 78a et seq.) (‘‘Exchange Act’’) has sought an exemption under Section required by Rule 147(f)(1)(iii) at an pursuant to Section 13(p) (15 U.S.C. 312 of the Act, Section 107.730, estimated 2.75 hours per response for a 78m(p)) of the Exchange Act is filed by Financings which constitute Conflicts of total annual reporting burden of 1,925 issuers to provide disclosures regarding Interest of the Small Business hours (2.75 hours × 700 responses). the source and chain of custody of Administration (‘‘SBA’’) Rules and Written comments are invited on: (a) certain minerals used in their products. Regulations (13 CFR 107.730). Ballast Whether this proposed collection of The information provided is mandatory Point Ventures III, L.P. proposes to information is necessary for the and all information is made available to invest $2 million in YPrime Inc., 9 Great performance of the functions of the the public upon request. We estimate Valley Parkway, Malvern, PA 19355, in agency, including whether the that Form SD takes approximately a proposed $5 million follow-on information will have practical utility; 541.3596 hours per response to prepare financing led by a significant (b) the accuracy of the agency’s estimate and is filed by approximately 1,481 sophisticated third party. The financing of the burden imposed by the collection issuers. We estimate that 75% of the is brought within the purview of of information; (c) ways to enhance the 541.3596 hours per response (406.0197 § 107.730(a)(1) of the Regulations quality, utility, and clarity of the hours) is prepared by the issuer because Ballast Point Ventures II, LP information collected; and (d) ways to internally for a total annual burden of and Ballast Point Ventures EF II, LP 601,315 hours (406.0197 hours per minimize the burden of the collection of (together ‘‘BPV II’’) and YPrime Inc. are response × 1,481 responses). information on respondents, including Associates to the Licensee. YPrime is An agency may not conduct or through the use of automated collection expected to receive $5 million from a sponsor, and a person is not required to techniques or other forms of information proposed $5 million follow-on respond to, a collection of information technology. Consideration will be given financing. Thus, this transaction to comments and suggestions submitted unless it displays a currently valid control number. constitutes a Conflict of Interest in writing within 60 days of this requiring SBA’s prior written publication. The public may view the background exemption. An agency may not conduct or documentation for this information sponsor, and a person is not required to collection at the following website, Notice is hereby given that any respond to, a collection of information www.reginfo.gov. Comments should be interested person may submit written unless it displays a currently valid directed to: (i) Desk Officer for the comments on this transaction within control number. Securities and Exchange Commission, fifteen days of the date of this Please direct your written comment to Office of Information and Regulatory publication to the Associate Charles Riddle, Acting Director/Chief Affairs, Office of Management and Administrator, Office of Investment and Information Officer, Securities and Budget, Room 10102, New Executive Innovation, U.S. Small Business
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Administration, 409 Third Street SW, SURFACE TRANSPORTATION BOARD whichever occurs sooner. Persons Washington, DC 20416. interested in submitting an OFA must [Docket No. AB 1291X] first file a formal expression of intent to A. Joseph Shepard, Alcoa Energy Services, Inc.— file an offer by December 23, 2019, Associate Administrator for Office of Abandonment Exemption—in Milam indicating the type of financial Investment and Innovation. County, Tex. assistance they wish to provide (i.e., [FR Doc. 2019–26616 Filed 12–10–19; 8:45 am] subsidy or purchase) and demonstrating BILLING CODE P On November 21, 2019, Alcoa Energy that they are preliminarily financially Services, Inc. (AESI), filed with the responsible. See 49 CFR 1152.27(c)(1)(i). Surface Transportation Board (Board) a Following authorization for petition under 49 U.S.C. 10502 for abandonment, the Line may be suitable DEPARTMENT OF STATE exemption from the prior approval for other public use, including interim requirements of 49 U.S.C. 10903 for trail use. Any request for a public use [Public Notice: 10972] AESI to abandon approximately six condition under 49 CFR 1152.28 or for miles of railroad line extending between interim trail use/rail banking under 49 Notice of Determinations: Culturally milepost 0.0 at a point of connection CFR 1152.29 will be due no later than 3 Significant Objects Imported for with Union Pacific Railroad Company at December 31, 2019. Exhibition—Determinations: ‘‘Madame Marjorie, Tex., and milepost 6.0 at All pleadings, referring to Docket No. 1 AB 1291X, must be filed with the d’Ora’’ Exhibition Sandow, Tex. (the Line). The Line traverses U.S. Postal Service Zip Codes Surface Transportation Board either via e-filing or in writing addressed to 395 E SUMMARY: Notice is hereby given of the 76567 and 76577. AESI acquired the Line in 2018. See Street SW, Washington, DC 20423–0001. following determinations: I hereby Alcoa Energy Servs., Inc.—Acquis. In addition, a copy of each pleading determine that certain objects to be Exemption—Rockdale, Sandow & S. must be served on AESI’s exhibited in the exhibition ‘‘Madame R.R., FD 36257 (STB served Dec. 14, representative, Robert A. Wimbish, d’Ora,’’ imported from abroad for 2018). AESI states that, after almost a Fletcher & Sippel LLC, 29 North Wacker temporary exhibition within the United year of ownership, there is no current Drive, Suite 800, Chicago, IL 60606. States, are of cultural significance. The demand for rail service and no apparent Replies to this petition are due on or objects are imported pursuant to loan traffic prospects. (Pet. 3.) 2 AESI states before December 31, 2019. agreements with the foreign owners or that, if the petition for exemption is Persons seeking further information custodians. I also determine that the granted, it intends for the time being to concerning abandonment procedures exhibition or display of the exhibit preserve the Line as private, may contact the Board’s Office of Public objects at the Neue Galerie New York, unregulated trackage, but it cannot rule Assistance, Governmental Affairs, and in New York, New York, from on or out the possibility of future salvage. Compliance at (202) 245–0238 or refer about February 20, 2020, until on or (Pet. 2.) to the full abandonment regulations at about June 8, 2020, and at possible AESI believes that it possesses fee 49 CFR part 1152. Questions concerning additional exhibitions or venues yet to title interest in the underlying right-of- environmental issues may be directed to be determined, is in the national way, and, as such, that there is no the Board’s Office of Environmental interest. I have ordered that Public federally granted right-of-way along the Analysis (OEA) at (202) 245–0305. Notice of these determinations be route. Any documentation in the Assistance for the hearing impaired is published in the Federal Register. railroad’s possession regarding federally available through the Federal Relay granted right-of-way will be made Service at (800) 877–8339. FOR FURTHER INFORMATION CONTACT: Chi available promptly to those requesting An environmental assessment (EA) (or D. Tran, Paralegal Specialist, Office of it. environmental impact statement (EIS), if the Legal Adviser, U.S. Department of AESI states that, because it proposes necessary) prepared by OEA will be State (telephone: 202–632–6471; email: to abandon its entire railroad system, it served upon all parties of record and [email protected]). The mailing is appropriate that no labor protective upon any agencies or other persons who address is U.S. Department of State, L/ conditions be imposed. (Pet. 7 (citing comment during its preparation. Other PD, SA–5, Suite 5H03, Washington, DC Knox & Kane R.R.—Aban. Exemption— interested persons may contact OEA to 20522–0505. McKean Cty., Pa., AB 551 (Sub-No. 2X) obtain a copy of the EA (or EIS). EAs in (STB served July 24, 2015).) abandonment proceedings normally will SUPPLEMENTARY INFORMATION: The By issuance of this notice, the Board be made available within 60 days of the foregoing determinations were made is instituting an exemption proceeding filing of the petition. The deadline for pursuant to the authority vested in me pursuant to 49 U.S.C. 10502(b). A final submission of comments on the EA by the Act of October 19, 1965 (79 Stat. decision will be issued by March 10, generally will be within 30 days of its 985; 22 U.S.C. 2459), Executive Order 2020. service. 12047 of March 27, 1978, the Foreign Any offer of financial assistance Board decisions and notices are Affairs Reform and Restructuring Act of (OFA) under 49 CFR 1152.27(b)(2) will available at www.stb.gov. 1998 (112 Stat. 2681, et seq.; 22 U.S.C. be due no later than 120 days after the Decided: December 5, 2019. 6501 note, et seq.), Delegation of filing of the petition for exemption, or By the Board, Allison C. Davis, Director, Authority No. 234 of October 1, 1999, 10 days after service of a decision Office of Proceedings. and Delegation of Authority No. 236–3 granting the petition for exemption, Kenyatta Clay, of August 28, 2000. Clearance Clerk. 1 AESI states that it does not know if the Line has [FR Doc. 2019–26665 Filed 12–10–19; 8:45 am] Marie Therese Porter Royce, any stations, but it believes that the Line may Assistant Secretary, Educational and Cultural include the stations of Marjorie and Sandow. BILLING CODE 4915–01–P Affairs, Department of State. 2 According to the petition, Alcoa USA Corp. owns an inactive smelter facility (Sandow Facility) 3 Filing fees for OFAs and trail use requests can [FR Doc. 2019–26706 Filed 12–9–19; 4:15 pm] on the Line which will not be restored to operation. be found at 49 CFR 1002.2(f)(25) and (27), BILLING CODE 4710–05–P (Pet. 1–2.) respectively.
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DEPARTMENT OF TRANSPORTATION and milo farmers, in reliance upon any personal information the restoration of rail service to this commenter provides, to Federal Railroad Administration territory, have delivered so much grain www.regulations.gov, as described in [Docket Number FRA–2019–0103] to one Haswell facility, that it has been the system of records notice (DOT/ALL– necessary to store a veritable mountain 14 FDMS), which can be reviewed at Petition for Waiver of Compliance of it on the ground. 2019 saw near www.dot.gov/privacy. See also http:// record rainfall in this territory, resulting www.regulations.gov/#!privacyNotice Under part 211 of title 49 Code of in above average harvest amounts. To for the privacy notice of regulations.gov. Federal Regulations (CFR), this provides avoid the waste of these harvested Issued in Washington, DC. the public notice that by letter received crops, expedited approval of flagman John Karl Alexy, December 3, 2019, Colorado Pacific service to allow opening of the railroad Railroad, LLC (CXR) petitioned the to service is necessary. Associate Administrator for Railroad Safety, Federal Railroad Administration (FRA) A copy of the petition, as well as any Chief Safety Officer. for a waiver of compliance from certain written communications concerning the [FR Doc. 2019–26663 Filed 12–10–19; 8:45 am] provisions of the Federal railroad safety petition, is available for review online at BILLING CODE 4910–06–P regulations contained at 49 CFR part www.regulations.gov and in person at 234. FRA assigned the petition Docket the Department of Transportation’s Number FRA–2019–0103. Docket Operations Facility, 1200 New DEPARTMENT OF TRANSPORTATION Specifically, CXR seeks a waiver from Jersey Ave. SE, W12–140, Washington, the requirements of 49 CFR 234.247, National Highway Traffic Safety DC 20590. The Docket Operations Administration Purpose of inspections and tests; Facility is open from 9 a.m. to 5 p.m., removal from service of relay or device Monday through Friday, except Federal [Docket No. NHTSA–2019–0029; NHTSA– failing to meet test requirements. CXR Holidays. 2019–0030; Notice 2] seeks this relief to operate over five non- Interested parties are invited to functioning highway-rail grade participate in these proceedings by Mack Trucks, Inc., and Volvo Trucks crossings (HRGC) in Kiowa County, submitting written views, data, or North America, Grant of Petitions for Colorado, without making inspections comments. FRA does not anticipate Decision of Inconsequential and tests required in § 234.249 through scheduling a public hearing in Noncompliance § 234.271. connection with these proceedings since AGENCY: National Highway Traffic The line runs from milepost (MP) the facts do not appear to warrant a Safety Administration (NHTSA), 747.50 in Towner, Colorado, to NA hearing. If any interested parties desire Department of Transportation (DOT). Junction, Colorado, at MP 869.40. CXR an opportunity for oral comment, they ACTION: Grant of petitions. purchased the line in 2017, but it has should notify FRA, in writing, before not yet started operations pending the end of the comment period and SUMMARY: Mack Trucks Inc., (Mack) and repair and rehabilitation of the tracks specify the basis for their request. Volvo Trucks North America (Volvo) that have been neglected for many years. All communications concerning these have determined that certain model year CXR explains the HRGC warning proceedings should identify the (MY) 2014–2019 Mack Trucks and signal system at each of the five appropriate docket number and may be certain MY 2014–2019 Volvo Trucks do locations has been vandalized. CXR submitted by any of the following not comply with Federal Motor Vehicle intends to rehabilitate the tracks to meet methods: Safety Standard (FMVSS) 101, Controls FRA Class 2 standards with 25 miles per • Website: http:// and Displays. Both Mack and Volvo hour (MPH) operation, with 10 MPH in www.regulations.gov. Follow the online filed noncompliance reports dated Eads, Colorado, and Ordway, Colorado, instructions for submitting comments. August 16, 2018, and later amended with an average of one train per day. • Fax: 202–493–2251. them on August 23, 2018, and June 2, Applications to the Colorado Public • Mail: Docket Operations Facility, 2019. Both Mack and Volvo Utilities Commission have been made U.S. Department of Transportation, 1200 subsequently petitioned NHTSA on for the five involved HRGCs. Four of the New Jersey Ave. SE, W12–140, October 9, 2018, and later amended five applications seek changing the Washington, DC 20590. their respective petitions on May 29, active crossings to passive crossings, • Hand Delivery: 1200 New Jersey 2019, for a decision that the subject and one application seeks to remove the Ave. SE, Room W12–140, Washington, noncompliance is inconsequential as it gates, but keep the flashers. DC 20590, between 9 a.m. and 5 p.m., relates to motor vehicle safety. This CXR explains it only seeks permission Monday through Friday, except Federal notice announces grant of both Mack to temporarily use flagmen at five Holidays. HRGCs in relatively small Colorado Communications received by January and Volvo’s petitions. towns to allow rail service pending the 10, 2020 will be considered by FRA FOR FURTHER INFORMATION CONTACT: John reconstruction of rail signaling and before final action is taken. Comments Finneran, Office of Vehicle Safety equipment. The expectation is that no received after that date will be Compliance, NHTSA, telephone (202) more than one train of 25 cars per day considered if practicable. 366–5289, facsimile (202) 366–3081. would be transported over these HRGCs Anyone can search the electronic SUPPLEMENTARY INFORMATION: for a period of 10 weeks. This rail form of any written communications I. Overview service would be over an approximately and comments received into any of our 62-mile-long segment of CXR’s 122-mile dockets by the name of the individual Mack and Volvo have determined that rail line. This segment extends from submitting the comment (or signing the certain MY 2014–2019 Mack Trucks and Haswell, Colorado, eastward to Towner, document, if submitted on behalf of an that certain MY 2014–2019 Volvo Colorado, where the CXR track association, business, labor union, etc.). Trucks do not comply with Table 2 of interchanges with the track of the In accordance with 5 U.S.C. 553(c), DOT FMVSS 101, Controls and Displays (49 Kansas & Oklahoma Railroad. solicits comments from the public to CFR 571.101). Both Mack and Volvo CXR states there is a present urgency better inform its processes. DOT posts filed noncompliance reports dated to permit this rail service. Area wheat these comments, without edit, including August 16, 2018, and later amended
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them on August 23, 2018, and June 2, V. Summary of Petition the 30-day requirement. However, due 2019, pursuant to 49 CFR part 573, Mack and Volvo both described the to the nature of the noncompliance and Defect and Noncompliance subject noncompliance and stated its considering that the agency has Responsibility and Reports. Both Mack belief that the noncompliance is previously granted similar and Volvo subsequently petitioned inconsequential as it relates to motor inconsequential noncompliance NHTSA on October 9, 2018, and later vehicle safety. petitions, in this case, the agency has amended their petitions on May 29, Mack and Volvo submitted the decided to accept both Mack and 2019, for an exemption from the following views and arguments in Volvo’s petitions. notification and remedy requirements of support of the petitions: VII. NHTSA’s Analysis 49 U.S.C. Chapter 301 on the basis that 1. Both Mack and Volvo provide a this noncompliance is inconsequential visual and audible alarm along with air NHTSA has considered the arguments as it relates to motor vehicle safety, pressure gauges and feel that their presented by Mack and Volvo and has pursuant to 49 U.S.C. 30118(d) and vehicles, even though non-compliant, determined that the subject 30120(h) and 49 CFR part 556, meet the intent of the regulation to noncompliance is inconsequential to Exemption for Inconsequential Defect or provide a clear and visible warning to motor vehicle safety. NHTSA believes Noncompliance. the driver when the air pressure in the that the subject noncompliance poses no Notice of receipt of Mack’s and service reservoir system is below 60 psi. risk to motor vehicle safety for the Volvo’s petitions was published with a 2. For Mack Granite, Pinnacle, and reasons discussed below: 30-day public comment period on Titan model vehicles that are 2018 and 1. When a low air pressure situation August 21, 2019, in the Federal Register earlier, the display includes two gauges exists, each vehicle has a low system air (84 FR 43663). No comments were and a red low air pressure indicator pressure indicator illuminated in red received. lamp for each gauge. When a low air with a black background. There are no II. Vehicles Involved pressure situation occurs, the driver is requirements in FMVSS No. 101 for the warned through the gauge, a red color of the telltale but the petitioner’s Approximately 95,000 MY 2014–2019 use of red, which is an accepted color Mack Anthem, Granite, LR, Pinnacle, indicator lamp in each gauge, and an audible warning. representing an urgent condition, TerraPro, and Titan Trucks, provides a definitive indication of a manufactured between September 1, 3. For Mack LR model vehicles, two pressure gauges, a low air telltale, a situation that needs attention. 2013, and August 13, 2018, are 2. Simultaneous to the illumination of potentially involved. popup in the display, and an audible alarm are provided. the low system air pressure indicators is Approximately 130,000 MY 2014– activation of an audible alert, further 2019 Volvo VAH, VHD, VNL, VNM, 4. For Mack TerraPro model vehicles, pressure gauges, a low air telltale, and notifying the operator that a VNR VNX, and VT Trucks, malfunction exists, requiring corrective manufactured between September 1, an audible alarm are provided. 5. In 2019 and later Anthem, action. Although the alert would not, in 2013, and August 13, 2018, are and of itself, identify the problem, a potentially involved. Pinnacle, and Granite model vehicles, pressure gauges, a low air pressure pop- driver would be prompted by the III. Noncompliance up (System Air Pressure is Low), and an warning tone to heed the other Mack and Volvo explained that the audible alarm are provided. indicators. noncompliance is that the Low Brake 6. For Volvo, 2014–2019 models, the 3. In a low-pressure situation, the Air Pressure telltale for air brake display includes two gauges and a red operator is provided additional feedback systems does not display the words low air pressure indicator lamp for each by the primary and secondary ‘‘Brake Air,’’ as specified in Table 2 of gauge. When a low air pressure situation instrument cluster air gauges which are FMVSS No. 101. The subject Mack occurs, the driver is warned through the marked with numerical values in PSI vehicles include various combinations gauge, a red indicator lamp in each units with red shading denoting the of low air telltales, pressure gauges, and gauge, and an audible warning. On all low-pressure range. available alerts, and the subject Volvo models and model years, a pop-up (Low 4. The Agency believes that the vehicles include both visual and audible System Air Pressure) is provided in functionality of the parking brake warnings that are not an exact match to addition to the gauges, a low-pressure system and the braking performance of the ‘‘Brake Air’’ telltale requirement. indicator, and an audible alarm. the service brake system remain Both Mack and Volvo concluded by unaffected by the use of multiple IV. Rule Requirements expressing the belief that the subject different indicators and audible alerts Paragraphs S5 and S5.2.1 of FMVSS noncompliance is inconsequential as it instead of the words ‘‘Brake Air’’ on the No. 101 include the requirements relates to motor vehicle safety, and that subject vehicles. relevant to these petitions. Each their petitions to be exempted from 5. Lastly, NHTSA believes that, as the passenger car, multipurpose passenger providing notification of the affected trucks are predominately used vehicle, truck and bus that is fitted with noncompliance, as required by 49 as commercial vehicles with a control, a telltale, or an indicator U.S.C. 30118, and a remedy for the professional drivers, operators will listed in Table 1 or Table 2 must meet noncompliance, as required by 49 monitor their vehicle’s condition and the requirements of FMVSS No. 101 for U.S.C. 30120, should be granted. take note of any warning signs and the location, identification, color, and gauge readings to ensure proper VI. NHTSA’s Consideration illumination of that control, telltale or functionality of all systems. Also, indicator. Any manufacturer that determines a professional drivers will become Each control, telltale and indicator noncompliance to exist and intends to familiar with the meaning of the that is listed in column 1 of Table 1 or petition the agency, pursuant to 49 CFR telltales and other warnings and the Table 2 must be identified by the part 556.4(c), must submit their petition feedback provided to the driver in these symbol specified for it in column 2 or no later than 30 days after such vehicles, if a low brake pressure the word or abbreviation specified for it determination. Both Mack and Volvo condition exists, would be well in column 3 of Table 1 or Table 2. submitted their petitions 25 days past understood.
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NHTSA concludes that simultaneous (PHMSA), Department of Transportation Number (PHMSA–2018–0025) or RIN activation of the red low air pressure (DOT). (2137–AF40) for this rulemaking at the indicators, an audible alert for a low air ACTION: Notice. beginning of the comment. To avoid pressure condition, along with the duplication, please use only one of primary and secondary air gauge SUMMARY: PHMSA is publishing this these four methods. All comments indicators, provide adequate notice as a general informational received will be posted without change notification to the operator that a brake announcement concerning the issuance to the Federal Docket Management malfunction exists. of a special permit. The special permit System (FDMS) and will include any authorizes the grantee to transport personal information you provide. If VIII. NHTSA’s Decision Methane, refrigerated liquid (i.e., sent by mail, comments must be In consideration of the foregoing, liquefied natural gas or LNG) by rail submitted in duplicate. Persons wishing NHTSA finds that Mack and Volvo have tank car. The special permit and to receive confirmation of receipt of met their burden of persuasion that the documents supporting the special their comments must include a self- FMVSS No. 101 noncompliance is, in permit decision have been added to addressed stamped postcard. each case, inconsequential as it relates PHMSA’s LNG by Rail Notice of Docket: For access to the dockets to to motor vehicle safety. Accordingly, Proposed Rulemaking Docket (Docket read background documents or Mack and Volvo’s petitions are hereby No. PHMSA–2018–0025) for comments received, go to http:// granted, and they are exempted from the consideration by the public because the www.regulations.gov or DOT’s Docket obligation to provide notification of and subject matter of the special permit Operations Office (see ADDRESSES). remedy for, the subject noncompliance overlaps with the subject matter of Confidential Business Information: in the affected vehicles under 49 U.S.C. PHMSA’s rulemaking proposing to Confidential Business Information (CBI) 30118 and 30120. authorize the transport of LNG in rail is commercial or financial information NHTSA notes that the statutory tank cars. PHMSA reviewed comments that is both customarily and actually provisions (49 U.S.C. 30118(d) and to the draft environmental assessment treated as private by its owner. Under 30120(h)) that permit manufacturers to (Docket No. PHMSA–2019–0100) the Freedom of Information Act (FOIA) file petitions for a determination of published for public review on June 6, (5 U.S.C. 552), CBI is exempt from inconsequentiality allow NHTSA to 2019. These comments informed public disclosure. If your comments exempt manufacturers only from the PHMSA’s decision making in issuing responsive to this notice contain duties found in sections 30118 and the special permit and will also help to commercial or financial information 30120, respectively, to notify owners, inform PHMSA’s deliberations with that is customarily treated as private, purchasers, and dealers of a defect or respect to a potential LNG by rail final that you actually treat as private, and noncompliance and to remedy the rule. PHMSA will consider any that is relevant or responsive to this defect or noncompliance. Therefore, this additional comments on the operational notice, it is important that you clearly decision only applies to the subject controls included in the special permit designate the submitted comments as vehicle that Mack and Volvo no longer that are filed to the LNG rulemaking CBI. Pursuant to 49 CFR 105.30, you controlled at the time it determined that docket to aid the agency in determining may ask PHMSA to give confidential the noncompliance existed. However, what, if any, operational controls may treatment to information you give to the the granting of this petition does not be appropriate for inclusion in a agency by taking the following steps: (1) relieve vehicle distributors and dealers potential final rule. Mark each page of the original of the prohibitions on the sale, offer for DATES: Comments must be received to document submission containing CBI as sale, or introduction or delivery for Docket No. PHMSA–2018–0025 by ‘‘Confidential’’; (2) send PHMSA, along introduction into interstate commerce of December 23, 2019. To the extent with the original document, a second the noncompliant vehicles under their practicable, PHMSA will consider late- copy of the original document with the control after Mack and Volvo notified filed comments in development of a CBI deleted; and (3) explain why the them that the subject noncompliance potential final rule. information you are submitting is CBI. existed. ADDRESSES: You may submit comments Unless you are notified otherwise, Authority: (49 U.S.C. 30118, 30120: identified by the Docket Number PHMSA will treat such marked delegations of authority at 49 CFR 1.95 and PHMSA–2018–0025 (HM–264) via any submissions as confidential under the 501.8) of the following methods: FOIA, and they will not be placed in the • public docket of this notice. Otto G. Matheke III, Federal eRulemaking Portal: http:// Submissions containing CBI should be Director, Office of Vehicle Safety Compliance. www.regulations.gov. Follow the instructions for submitting comments. sent to Michael Ciccarone, Office of [FR Doc. 2019–26685 Filed 12–10–19; 8:45 am] • Fax: 1–202–493–2251. Hazardous Materials Safety, Standards BILLING CODE 4910–59–P • Mail: Docket Management System; and Rulemaking Division, Pipeline and U.S. Department of Transportation, Hazardous Materials Safety Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 Transportation, 1200 New Jersey Ave. Pipeline and Hazardous Materials New Jersey Avenue SE, Washington, DC SE, Washington, DC 20590–0001. Any Safety Administration 20590. commentary that PHMSA receives • Hand Delivery: To the Docket which is not specifically designated as [Docket No. PHMSA–2018–0025: Notice No. Management System; Room W12–140 CBI will be placed in the LNG by Rail 19–XX] on the ground floor of the West Notice of Proposed Rulemaking Docket (Docket No. PHMSA–2018–0025). Hazardous Materials: Notice of Building, 1200 New Jersey Avenue SE, Issuance of Special Permit Regarding Washington, DC 20590, between 9 a.m. FOR FURTHER INFORMATION CONTACT: Liquefied Natural Gas and 5 p.m., Monday through Friday, Donald Burger, Approvals and Permits except Federal holidays. (PHH–30), Telephone (202) 366–4535, AGENCY: Pipeline and Hazardous Instructions: All submissions must or Michael Ciccarone, Standards and Materials Safety Administration include the agency name and Docket Rulemaking Division (PHH–10),
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Telephone (202) 366–8553. U.S. providing per shipment quantities, ACTION: List of applications for Department of Transportation, Pipeline timelines, and other actions to be taken modification of special permits. and Hazardous Materials Safety for moving from single car shipments to Administration, 1200 New Jersey multi-car shipments, and subsequently SUMMARY: In accordance with the Avenue SE, East Building, 2nd Floor, to unit trains (20 or more tank cars). procedures governing the application Washington, DC 20590–0001. (4) Trains transporting 20 or more for, and the processing of, special SUPPLEMENTARY INFORMATION: On June 6, tank cars authorized under this special permits from the Department of permit must be equipped and operated 2019, PHMSA published a Notice of Transportation’s Hazardous Material with a two-way end of train device as Draft Environmental Assessment for a Regulations, notice is hereby given that Special Permit Request for Liquefied defined in 49 CFR 232.5 or distributed power as defined in 49 CFR 229.5. the Office of Hazardous Materials Safety Natural Gas by Rail (PHMSA–2019– has received the application described 0100–0002) in the Federal Register. (5) Prior to the initial shipment of a tank car under this special permit, the herein. Each mode of transportation for PHMSA solicited comment on the draft grantee must provide training to which a particular special permit is environmental assessment (EA) for a emergency response agencies that could requested is indicated by a number in special permit request from Energy be affected between the authorized the ‘‘Nature of Application’’ portion of Transport Solutions, LLC. The notice origin and destination. The training the table below as follows: 1—Motor requested comment on potential safety, shall conform to NFPA–472,2 including vehicle, 2—Rail freight, 3—Cargo vessel, environmental, and any additional known hazards in emergencies 4—Cargo aircraft only, 5—Passenger- impacts that should be considered as involving the release of LNG, and part of the special permit evaluation. carrying aircraft. emergency response methods to address See Docket No. PHMSA–2019–0100 for an incident involving a train DATES: Comments must be received on further information on the draft special transporting LNG. or before December 26, 2019. permit. (6) While in transportation, the The comment period closed on ADDRESSES: Record Center, Pipeline and grantee must remotely monitor each Hazardous Materials Safety August 7, 2019. PHMSA received tank car for pressure, location, and approximately 2,985 comments to the Administration, U.S. Department of leaks. Transportation, Washington, DC 20590. docket for the notice. In consideration of These operational controls were the request for special permit and the added as a result of PHMSA’s Comments should refer to the 2,985 comments received to the notice, consideration of the comments received application number and be submitted in PHMSA completed a technical to the draft EA, PHMSA invites triplicate. If confirmation of receipt of evaluation and a revised EA. For more comments on these operational controls comments is desired, include a self- information on the comments received to be submitted to the rulemaking addressed stamped postcard showing please see the revised EA, Section 6 docket (Docket No. PHMSA–2018– the special permit number. PHMSA’s Response to Public 0025). We encourage commenters to Comments, included in both this docket provide data on the safety or economic FOR FURTHER INFORMATION CONTACT: and the docket for the draft EA and impacts associated with operational Donald Burger, Chief, Office of special permit. PHMSA invites public controls in the special permit, including Hazardous Materials Approvals and comments relevant to the rulemaking on analysis of the safety benefits and the Permits Division, Pipeline and these materials to be submitted to the potential cost-benefit impact of Hazardous Materials Safety rulemaking docket (Docket No. implementing these or other operational Administration, U.S. Department of PHMSA–2018–0025). controls. Transportation, East Building, PHH–30, The special permit—as issued— Issued in Washington, DC, on December 5, 1200 New Jersey Avenue Southeast, includes certain operational controls 2019. Washington, DC 20590–0001, (202) 366– that were not included in the draft William S. Schoonover, 4535. special permit, draft EA, and the Associate Administrator of Hazardous ‘‘Hazardous Materials: Liquefied Natural SUPPLEMENTARY INFORMATION: Copies of Materials Safety, Pipeline and Hazardous the applications are available for Gas by Rail’’ (HM–264) notice of Materials Safety Administration. inspection in the Records Center, East proposed rulemaking (NPRM). [FR Doc. 2019–26614 Filed 12–10–19; 8:45 am] Specifically, paragraph 7.c of the special Building, PHH–30, 1200 New Jersey BILLING CODE 4910–60–P permit states the following: Avenue Southeast, Washington DC or at 7.c. OPERATIONAL CONTROLS: http://regulations.gov. (1) Each tank car must be operated in DEPARTMENT OF TRANSPORTATION This notice of receipt of applications accordance with § 173.319 except as for special permit is published in 1 specified in paragraph 7.a. above. Pipeline and Hazardous Materials accordance with part 107 of the Federal (2) Shipments are authorized between Safety Administration hazardous materials transportation law Wyalusing, PA and Gibbstown, NJ, with (49 U.S.C. 5117(b); 49 CFR 1.53(b)). no intermediate stops. Hazardous Materials: Notice of (3) Within 90 days after issuance, the Applications for Modifications to Issued in Washington, DC, on December 5, grantee shall prepare and submit a plan Special Permits 2019. AGENCY: Pipeline and Hazardous Donald P. Burger, 1 Paragraph 7.a. authorizes DOT–113C120W tank Materials Safety Administration Chief, General Approvals and Permits cars for bulk transport of LNG and specifies that Branch. each tank car must have a maximum permitted (PHMSA), DOT. filling density (percent by weight) of 32.5%; a maximum operating pressure of 15 psig when 2 NFPA–472 is a voluntary consensus standard offered for transportation; and remote sensing for developed by the National Fire Protection detecting and reporting internal pressure, location, Association establishing minimum competencies and leakage. for responding to hazardous materials emergencies.
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Application Regulation(s) No. Applicant affected Nature of the special permits thereof
Special Permits Data
11827–M ...... Fujifilm Electronic Materials 180.605(c)(1), 180.352(b)(3) ... To modify the special permit to add IMDG language to har- U.S.A., Inc. monize international transportation of affected tanks. (modes as authorized by the HMR). 11911–M ...... Transfer Flow, Inc ...... 177.834(h), 178.700(c)(1) ...... To modify the special permit to authorize two new fuel cap designs. (mode 1). 14193–M ...... Honeywell International Inc ..... 172.101(h) ...... To modify the special permit to authorize additional portable tanks with identical specifications to those already author- ized. (modes 1, 2, 3). 14313–M ...... Airgas USA LLC ...... 172.203(a), 172.301(c), To modify the special permit to authorize the use ultrasonic 173.302a(b), 180.205. examination (UE) technology to inspect CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specifica- tion cylinders as described in the 49 CFR § 171.12 (a)(4) text and table for requalification in lieu of the hydrostatic pressure test and internal visual examination, and to waive the required marking of the cylinders and shipping papers with the special permit number. (modes 1, 2, 3, 4, 5). 15873–M ...... Jiangxi Oxygen Plant Co., Ltd 178.274(b)(2) ...... To modify the special permit to authorize lower pressure and greater capacity of the cylinders. (modes 1, 2, 3). 15963–M ...... Jack Harter Helicopters, Inc .... 172.101(j), 172.200, To modify the special permit to authorize additional hazmat 172.204(c)(3), 172.301(c), and to clarify certain hazard communications, quantity limi- 173.27(b)(2), 175.30(a)(1), tations and loading and stowage requirements. (Rotorcraft 175.75. External Load Operations). 16081–M ...... Cabela’s LLC...... 178.602(a) ...... To modify the special permit to authorize additional haz- ardous materials. (modes 1, 2, 3, 4). 16095–M ...... Clay and Bailey Manufacturing 172.203(a), 178.345–1, To modify the special permit to authorize new gaskets and Company. 180.413. testing procedures for manway production. (mode 1). 20524–M ...... Wilhelm Schmidt Gmbh ...... 172.102(c)(4), 178.705(c)(2)(ii) To modify the special permit to authorize an additional 6.1 hazmat. (modes 1, 2, 3). 20851–M ...... Call2Recycle, Inc ...... 172.200, 172.600, 172.700(a) To modify the special permit to authorize an additional outer packaging and to remove the 800 Wh aggregate energy content for a single package. (mode 1). 20904–M ...... Piston Automotive, LLC ...... 172.101(j) ...... To modify the special permit to authorize batteries that do not differ from the approved types in the permit even if they have a different part number. (mode 4).
[FR Doc. 2019–26649 Filed 12–10–19; 8:45 am] has received the application described Permits Division, Pipeline and BILLING CODE 4909–60–P herein. Each mode of transportation for Hazardous Materials Safety which a particular special permit is Administration, U.S. Department of requested is indicated by a number in Transportation, East Building, PHH–30, DEPARTMENT OF TRANSPORTATION the ‘‘Nature of Application’’ portion of 1200 New Jersey Avenue Southeast, the table below as follows: 1—Motor Washington, DC 20590–0001, (202) 366– Pipeline and Hazardous Materials vehicle, 2—Rail freight, 3—Cargo vessel, 4535. Safety Administration 4—Cargo aircraft only, 5—Passenger- carrying aircraft. SUPPLEMENTARY INFORMATION: Copies of Hazardous Materials: Notice of the applications are available for DATES: Comments must be received on Applications for New Special Permits inspection in the Records Center, East or before January 10, 2020. Building, PHH–30, 1200 New Jersey AGENCY: Pipeline and Hazardous ADDRESSES: Record Center, Pipeline and Avenue Southeast, Washington DC or at Materials Safety Administration Hazardous Materials Safety http://regulations.gov. (PHMSA), DOT. Administration, U.S. Department of This notice of receipt of applications ACTION: Transportation Washington, DC 20590. List of applications for special for special permit is published in permits. Comments should refer to the application number and be submitted in accordance with part 107 of the Federal SUMMARY: In accordance with the triplicate. If confirmation of receipt of hazardous materials transportation law procedures governing the application comments is desired, include a self- (49 U.S.C. 5117(b); 49 CFR 1.53(b)). for, and the processing of, special addressed stamped postcard showing Issued in Washington, DC, on December 5, permits from the Department of the special permit number. 2019. Transportation’s Hazardous Material FOR FURTHER INFORMATION CONTACT: Donald P. Burger, Regulations, notice is hereby given that Donald Burger, Chief, Office of Chief, General Approvals and Permits the Office of Hazardous Materials Safety Hazardous Materials Approvals and Branch.
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Application Regulation(s) No. Applicant affected Nature of the special permits thereof
SPECIAL PERMITS DATA
20970–N ...... Union Tank Car Company ...... 172.203(a), 172.302(c), To authorize the transportation in commerce of DOT 117 tank 173.247(a). cars containing elevated temperature materials. (mode 2). 20971–N ...... Pro-dex, Inc ...... 172.102(c)(2) ...... To authorize the transportation in commerce of lithium ion batteries at a state of charge greater than 30 percent by air. (mode 4). 20972–N ...... Distributor Operations, Inc ...... 173.159(e)(1) ...... To authorize the transportation in commerce of electric stor- age batteries under the exception in 173.159(e) when other hazardous materials are present on the vehicle. (mode 1). 20973–N ...... Olin Winchester Llc ...... 172.203(a), 173.63(b)(2)(v) ..... To authorize the transportation in commerce of 22 caliber (or less) rim-fire cartridges packaged loose in strong outer packagings. (modes 1, 2, 3, 4, 5). 20974–N ...... Psc Custom Lp ...... 172.101(i), 173.302 ...... To authorize the transportation in commerce of methane gas in MC 331 specification cargo tanks. (mode 1). 20975–N ...... Csl Behring L.l.c ...... 173.197 ...... To authorize the transportation in commerce of regulated medical waste in UN 11G packaging. (mode 1). 20978–N ...... Airopack B.v ...... To authorize the transportation in commerce of receptacles manufactured under SP–20673 as not subject to the HMR when charged with no more than 55 ml of compressed air for the purpose of expelling a liquid, paste, or powder. (modes 1, 2, 3, 4, 5). 20979–N ...... Northrop Grumman Innovation ...... To authorize the transportation in commerce of hazardous Systems, Inc. materials over 422 feet of public roadways without being subject to the HMR. (mode 1). 20981–N ...... Republic Helicopters, Inc ...... 172.200, 172.300, 172.400, To authorize the transportation in commerce of refrigerating 173.27, 175.30, 175.33. units via rotocraft external loads. (mode 4). 20982–N ...... Ford Motor Company ...... 172.101(j) ...... To authorize the transportation in commerce of lithium ion batteries exceeding 35 kg aboard cargo-only aircraft. (mode 4). 20983–N ...... Roth Global Plastics Inc ...... 173.302a(a)(1) ...... To authorize the transportation in commerce of Division 2.2 materials in non-DOT specification cylinders (accumula- tors). (modes 1, 2, 3, 4). 20984–N ...... Midway Arms, Inc ...... 172.315(a)(2) ...... To authorize the transportation in commerce of packages containing limited quantities of hazardous materials that are marked with a reduced sized limited quantity marking. (modes 1, 2, 3).
[FR Doc. 2019–26648 Filed 12–10–19; 8:45 am] has received the application described SUPPLEMENTARY INFORMATION: Copies of BILLING CODE 4909–60–P herein. the applications are available for DATES: Comments must be received on inspection in the Records Center, East or before January 10, 2020. Building, PHH–30, 1200 New Jersey DEPARTMENT OF TRANSPORTATION Avenue Southeast, Washington DC or at ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety http://regulations.gov. Each mode of Pipeline and Hazardous Materials transportation for which a particular Safety Administration Administration U.S. Department of Transportation Washington, DC 20590. special permit is requested is indicated by a number in the ‘‘Nature of Hazardous Materials: Notice of Actions Comments should refer to the Application’’ portion of the table below on Special Permits application number and be submitted in triplicate. If confirmation of receipt of as follows: 1—Motor vehicle, 2—Rail AGENCY: Pipeline and Hazardous comments is desired, include a self- freight, 3—Cargo vessel, 4—Cargo Materials Safety Administration addressed stamped postcard showing aircraft only, 5—Passenger-carrying (PHMSA), DOT. the special permit number. aircraft. This notice of receipt of applications ACTION: Notice of actions on special FOR FURTHER INFORMATION CONTACT: for special permit is published in permit applications. Donald Burger, Chief, Office of Hazardous Materials Approvals and accordance with part 107 of the Federal SUMMARY: In accordance with the Permits Division, Pipeline and hazardous materials transportation law procedures governing the application Hazardous Materials Safety (49 U.S.C. 5117(b); 49 CFR 1.53(b)). for, and the processing of, special Administration, U.S. Department of Issued in Washington, DC, on December permits from the Department of Transportation, East Building, PHH–30, 05, 2019. Transportation’s Hazardous Material 1200 New Jersey Avenue Southeast, Donald P. Burger, Regulations, notice is hereby given that Washington, DC 20590–0001, (202) 366– Chief, General Approvals and Permits the Office of Hazardous Materials Safety 4535. Branch.
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Application No. Applicant Regulation(s) affected Nature of the special permits thereof
SPECIAL PERMITS DATA—GRANTED
14661–M ...... Fiba Technologies, Inc ...... 180.209(a), 180.209(b)(1)(i), To modify the special permit to add an additional hazmat and 180.209(b)(1)(v). to incorporate non-DOT specification cylinders made under special permit into the permit. 15238–M ...... Reeder Flying Service, Inc ...... 172.101(j), 172.200, To modify the special permit to authorize additional Class 9 172.204(c)(3), 172.301(c), hazmat to be transported. 173.27(b)(2), 175.30(a)(1), 175.75. 15552–M ...... Poly-coat Systems, Inc ...... 107.503(b), 107.503(c), To modify the special permit to remove the requirement that 173.241, 173.242, 173.243, the special permit number be shown on a shipping paper. 172.203(a). 15985–M ...... Space Exploration Tech- 172.300, 172.400 ...... To modify the special permit to increase the allowable state nologies Corp. of charge of the batteries. 16563–M ...... Call2Recycle, Inc ...... 172.200, 172.300, 172.400, To modify the special permit to authorize an additional pack- 172.600, 172.700(a), aging for transporting the authorized hazmat. 173.185(f). 20584–M ...... Battery Solutions, Llc ...... 173.185(f)(3), To modify the special permit to authorize the use of thermally 173.185(c)(1)(iii), insulating fire suppressant material in a sufficient quantity 173.185(c)(1)(iv), and manner that will suppress lithium battery fires, heat 173.185(c)(1)(v), and smoke and absorbs the smoke, gases and flammable 173.185(c)(3), 173.185(f). vapors and electrolytes during a thermal runaway incident. 20928–N ...... Catalytic Innovations, Llc ...... 172.102(c), 172.200, 172.300, To authorizes the manufacture, marking, sale and use of non- 172.400, 173.159a(c)(2), DOT specification fiberboard boxes for the transportation in 173.185(c)(1)(iii), commerce of certain batteries without shipping papers, 173.185(c)(1)(iv), marking of the proper shipping name and identification 173.185(c)(1)(v), number or labeling, when transported for recycling or dis- 173.185(c)(3). posal. 20930–N ...... EMD Performance Materials 180.209 ...... To authorize the transportation in commerce of certain DOT Corp. 4B cylinders used for certain liquids and solids that are re- tested every 10 years instead of 5. 20938–N ...... Worldvu Development, LLC .... 172.101(j), 173.301(f), To authorize the transportation in commerce of spacecraft 173.302a(a)(1), containing hazardous materials in non-specification pack- 173.304a(a)(1). aging. 20940–N ...... Orbital Sciences Corporation .. 172.101(j), 173.185(a) ...... To authorize the transportation in commerce of low produc- tion runs of large lithium ion batteries that have not com- pleted the test requirements in accordance with Sub-Sec- tion 38.3 of the United Nations (UN) Manual of Tests and Criteria and that exceed the 35 kg limit for transportation by cargo aircraft. 20941–N ...... Air Sea Containers, Inc ...... 173.185(b)(5) ...... To authorize the transportation in commerce of lithium ion batteries in non-specification packaging. 20948–N ...... Kocsis Technologies, Inc ...... 173.302(a) ...... To authorize the transportation in commerce of certain steel hydraulic accumulators containing compressed nitrogen, a Division 2.2 material. 20959–N ...... Department of Defense US 173.185(a) ...... To authorize the transportation of prototype and low produc- Army Military Surface De- tion lithium cells and batteries in non-specification pack- ployment & Distribution aging (spacecraft). Command.
[FR Doc. 2019–26650 Filed 12–10–19; 8:45 am] (SDN List) based on OFAC’s OFAC: Associate Director for Global BILLING CODE 4909–60–P determination that one or more Targeting, tel.: 202–622–2420; Assistant applicable legal criteria were satisfied. Director for Sanctions Compliance & All property and interests in property Evaluation, tel.: 202–622–2490; DEPARTMENT OF THE TREASURY subject to U.S. jurisdiction of these Assistant Director for Licensing, tel.: persons are blocked, and U.S. persons 202–622–2480; or Assistant Director for Office of Foreign Assets Control are generally prohibited from engaging Regulatory Affairs, tel.: 202–622–4855. in transactions with them. Additionally, SUPPLEMENTARY INFORMATION: Notice of OFAC Sanctions Actions OFAC is publishing the names of one or Electronic Availability AGENCY: Office of Foreign Assets more persons that have been removed Control, Treasury. from the SDN List. Their property and The Specially Designated Nationals ACTION: Notice. interests in property are no longer and Blocked Persons List and additional blocked, and U.S. persons are no longer information concerning OFAC sanctions SUMMARY: The Department of the generally prohibited from engaging in programs are available on OFAC’s Treasury’s Office of Foreign Assets transactions with them. website (https://www.treasury.gov/ofac). Control (OFAC) is publishing the names DATES: See Supplementary Information of one or more persons that have been Notice of OFAC Actions section for effective date(s). placed on OFAC’s Specially Designated On December 5, 2019, OFAC Nationals and Blocked Persons List FOR FURTHER INFORMATION CONTACT: determined that the property and
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interests in property subject to U.S. a person whose property and interests A1167292 (Moldova); alt. Passport jurisdiction of the following persons are in property are blocked pursuant to E.O. 1213007 (Israel) (individual) [CYBER2] blocked under the relevant sanctions 13694, as amended. (Linked To: EVIL CORP). authority listed below. 5. MANIDIS, Georgios, Moscow, Designated pursuant to section Russia; DOB 23 Aug 1971; Gender Male; 1(iii)(B) of E.O. 13694, as amended, for Individuals National ID No. AV2752462 (Greece) having materially assisted, sponsored, 1. ALVARES, Carlos, Moscow, Russia; (individual) [CYBER2] (Linked To: EVIL or provided financial material or DOB 18 May 1971; POB Spain; Gender CORP). technological support for, or goods or Male; National ID No. AV176942 Designated pursuant to section services to or in support of, EVIL CORP, (Spain) (individual) [CYBER2] (Linked 1(iii)(B) of E.O. 13694, as amended, for a person whose property and interests To: EVIL CORP). having materially assisted, sponsored, in property are blocked pursuant to E.O. Designated pursuant to section or provided financial material or 13694, as amended. 1(iii)(B) of Executive Order 13694 of technological support for, or goods or Also designated pursuant to section April 1, 2015, ‘‘Blocking Property of services to or in support of, EVIL CORP, 1(iii)(C) of E.O. 13694, as amended, for Certain Persons Engaging in Significant a person whose property and interests having acted or purported to act for or Malicious Cyber-Enabled Activities,’’ as in property are blocked pursuant to E.O. on behalf of, directly or indirectly, EVIL amended by Executive Order 13757 of 13694, as amended. CORP, a person whose property and December 28, 2016, ‘‘Taking Additional 6. SAFAROV, Azamat, Moscow, interests in property are blocked Steps to Address the National Russia; DOB 26 Mar 1990; POB pursuant to E.O. 13694, as amended. Emergency With Respect to Significant Uzbekistan; Gender Male; National ID 10. PLOTNITSKIY, Andrey (a.k.a. Malicious Cyber-Enabled Activities,’’ No. CE2236830 (Uzbekistan) KOVALSKIY, Andrey Vechislavovich; (E.O. 13694, as amended), for having (individual) [CYBER2] (Linked To: EVIL a.k.a. STREL, Andrey), Moscow, Russia; materially assisted, sponsored, or CORP). DOB 25 Jul 1989; Gender Male provided financial material or Designated pursuant to section (individual) [CYBER2] (Linked To: EVIL technological support for, or goods or 1(iii)(B) of E.O. 13694, as amended, for CORP). services to or in support of, EVIL CORP, having materially assisted, sponsored, Designated pursuant to section a person whose property and interests or provided financial material or 1(iii)(B) of E.O. 13694, as amended, for in property are blocked pursuant to E.O. technological support for, or goods or having materially assisted, sponsored, 13694, as amended. services to or in support of, EVIL CORP, or provided financial material or 2. BASHLIKOV, Aleksei, Moscow, a person whose property and interests technological support for, or goods or Russia; DOB 18 Mar 1988; POB Russia; in property are blocked pursuant to E.O. services to or in support of, EVIL CORP, Gender Male; Passport 4509592875 13694, as amended. a person whose property and interests (Russia) (individual) [CYBER2] (Linked 7. SHEVCHUK, Tatiana, Moscow, in property are blocked pursuant to E.O. To: EVIL CORP). Russia; DOB 08 Jan 1970; Gender 13694, as amended. Designated pursuant to section Female; National ID No. BB299742 Also designated pursuant to section 1(iii)(B) of E.O. 13694, as amended, for (Ukraine) (individual) [CYBER2] 1(iii)(C) of E.O. 13694, as amended, for having materially assisted, sponsored, (Linked To: EVIL CORP). having acted or purported to act for or or provided financial material or Designated pursuant to section on behalf of, directly or indirectly, EVIL technological support for, or goods or 1(iii)(B) of E.O. 13694, as amended, for CORP, a person whose property and services to or in support of, EVIL CORP, having materially assisted, sponsored, interests in property are blocked a person whose property and interests or provided financial material or pursuant to E.O. 13694, as amended. in property are blocked pursuant to E.O. technological support for, or goods or 11. SLOBODSKOY, Dmitriy 13694, as amended. services to or in support of, EVIL CORP, Alekseyevich, Russia; DOB 28 Jul 1988; 3. BURKHONOVA, Gulsara, Moscow, a person whose property and interests Gender Male; Passport 721007353 Russia; DOB 06 Apr 1977; POB Russia; in property are blocked pursuant to E.O. (Russia) (individual) [CYBER2] (Linked alt. POB Tajikistan; Gender Female; 13694, as amended. To: EVIL CORP). Passport 9707561379 (Russia) 8. ZAMULKO, Ruslan, Moscow, Designated pursuant to section (individual) [CYBER2] (Linked To: EVIL Russia; DOB 25 Jun 1970; POB Ukraine; 1(iii)(B) of E.O. 13694, as amended, for CORP). Gender Male; National ID No. HB698865 having materially assisted, sponsored, Designated pursuant to section (Ukraine) (individual) [CYBER2] or provided financial material or 1(iii)(B) of E.O. 13694, as amended, for (Linked To: EVIL CORP). technological support for, or goods or having materially assisted, sponsored, Designated pursuant to section services to or in support of, EVIL CORP, or provided financial material or 1(iii)(B) of E.O. 13694, as amended, for a person whose property and interests technological support for, or goods or having materially assisted, sponsored, in property are blocked pursuant to E.O. services to or in support of, EVIL CORP, or provided financial material or 13694, as amended. a person whose property and interests technological support for, or goods or Also designated pursuant to section in property are blocked pursuant to E.O. services to or in support of, EVIL CORP, 1(iii)(C) of E.O. 13694, as amended, for 13694, as amended. a person whose property and interests having acted or purported to act for or 4. GUBERMAN, David, Moscow, in property are blocked pursuant to E.O. on behalf of, directly or indirectly, EVIL Russia; DOB 01 Mar 1971; POB Ukraine; 13694, as amended. CORP, a person whose property and Gender Male; National ID No. 7201105 9. GUSEV, Denis Igorevich (Cyrillic: interests in property are blocked (Israel) (individual) [CYBER2] (Linked UECTD, LTYBC BUJHTDBX) (a.k.a. pursuant to E.O. 13694, as amended. To: EVIL CORP). GOTMAN, David; a.k.a. POMOJAC, 12. SLOBODSKOY, Kirill Designated pursuant to section Marin), Moscow, Russia; DOB 10 Jun Alekseyevich, Moscow, Russia; DOB 26 1(iii)(B) of E.O. 13694, as amended, for 1986; alt. DOB 08 Jul 1977; alt. DOB 07 Feb 1987; POB Moscow, Russia; having materially assisted, sponsored, Oct 1987; POB Moscow, Russia; alt. nationality Russia; Gender Male; or provided financial material or POB Ceadir-Lunga, Moldova; citizen Passport 721025114 (Russia); National technological support for, or goods or Russia; Gender Male; Passport ID No. 4508818947 (Russia) (individual) services to or in support of, EVIL CORP, 717386212 (Russia); alt. Passport [CYBER2] (Linked To: EVIL CORP).
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Designated pursuant to section technological support for, or goods or Entities 1(iii)(B) of E.O. 13694, as amended, for services to or in support of, EVIL CORP, 1. EVIL CORP (a.k.a. DRIDEX GANG), having materially assisted, sponsored, a person whose property and interests Moscow, Russia; Moldova [CYBER2]. or provided financial material or in property are blocked pursuant to E.O. Designated pursuant to section technological support for, or goods or 13694, as amended. 1(ii)(D) of E.O. 13694, as amended, for Also designated pursuant to section services to or in support of, EVIL CORP, being responsible for or complicit in, or 1(iii)(C) of E.O. 13694, as amended, for a person whose property and interests to have engaged in, directly or having acted or purported to act for or in property are blocked pursuant to E.O. indirectly, cyber-enabled activities on behalf of, directly or indirectly, EVIL 13694, as amended. originating from, or directed by persons Also designated pursuant to section CORP, a person whose property and located, in whole or substantial part, 1(iii)(C) of E.O. 13694, as amended, for interests in property are blocked outside of the United States that are having acted or purported to act for or pursuant to E.O. 13694, as amended. reasonably likely to result in, or have on behalf of, directly or indirectly, EVIL 16. YAKUBETS, Maksim Viktorovich materially contributed to, a significant CORP, a person whose property and (a.k.a. ‘‘AQUA’’), Moscow, Russia; DOB threat to the national security, foreign interests in property are blocked 20 May 1987; POB Polonnoye, policy, or economic health or financial pursuant to E.O. 13694, as amended. Khmelnitskaya Oblast, Ukraine; citizen 13. SMIRNOV, Dmitriy Russia; Gender Male; Passport stability of the United States and that Konstantinovich, Moscow, Russia; DOB 4509135586 (Russia) (individual) have the purpose or effect of causing a 10 Nov 1987; citizen Russia; Gender [CYBER2] (Linked To: EVIL CORP; significant misappropriation of funds or Male (individual) [CYBER2] (Linked To: Linked To: FEDERAL SECURITY economic resources, trade secrets, EVIL CORP). SERVICE). personal identifiers, or financial Designated pursuant to section Designated pursuant to section information for commercial or 1(iii)(B) of E.O. 13694, as amended, for 1(iii)(B) of E.O. 13694, as amended, for competitive advantage or private having materially assisted, sponsored, having materially assisted, sponsored, financial gain. or provided financial material or 2. BIZNES–STOLITSA, OOO (Cyrillic: or provided financial material or JJJ VerDate Sep<11>2014 16:23 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices 67775 105064, Russia; D–U–N–S Number 50– blocked pursuant to E.O. 13694, as proposals relating to circulating coinage, 722–5114; Tax ID No. 7701416320 amended. bullion coinage, Congressional Gold (Russia); Government Gazette Number On December 5, 2019, OFAC Medals, and national and other medals 40214946 (Russia); Registration Number determined that the property and produced by the United States Mint. 5147746418782 (Russia) [CYBER2] interests in property subject to U.S. D Advise the Secretary of the Treasury (Linked To: GUSEV, Denis Igorevich). jurisdiction of the following person are with regard to the events, persons, or Designated pursuant to section unblocked, and removed this person places that the CCAC recommends to be 1(iii)(C) of E.O. 13694, as amended, for from the SDN List. commemorated by the issuance of being owned or controlled by DENIS Individual commemorative coins in each of the five IGOREVICH GUSEV, a person whose calendar years succeeding the year in property and interests in property are 1. AMHAZ, Issam Mohamad (a.k.a. which a commemorative coin blocked pursuant to E.O. 13694, as AMHAZ, ’Isam; a.k.a. AMHAZ, Issam designation is made. amended. Mohamed), Ghadir, 5th Floor, Safarat, D Make recommendations with 5. TSAO, OOO (Cyrillic: JJJ WFJ) Bir Hassan, Jenah, Lebanon; Issam respect to the mintage level for any (a.k.a. OBSHCHESTVO S Mohamad Amhaz Property, Ambassades commemorative coin recommended. OGRANICHENNOI (Safarate), Bir Hassan Area, Ghobeiri, Total membership consists of 11 OTVETSTVENNOSTYU TSENTR Baabda, Lebanon; DOB 04 Mar 1967; voting members appointed by the AVTOOBSLUZHIVANIYA), 9, per., POB Baalbek, Lebanon; nationality Secretary of the Treasury: Omski Kurgan, Kurganskaya Oblast Lebanon; Additional Sanctions D One person specially qualified by 640000, Russia; D–U–N–S Number 68– Information—Subject to Secondary virtue of his or her education, training, 215–4722; Tax ID No. 4501122896 Sanctions Pursuant to the Hizballah or experience as nationally or (Russia); Government Gazette Number Financial Sanctions Regulations; internationally recognized curator in the 78739479 (Russia); Registration Number Passport RL0000199 (Lebanon); United States of a numismatic 1064501172394 (Russia) [CYBER2] Identification Number 61 Nabha; collection; D (Linked To: GUSEV, Denis Igorevich). Chairman, Stars Group Holding; General One person specially qualified by Designated pursuant to section Manager, Teleserveplus (individual) virtue of his or her experience in the 1(iii)(C) of E.O. 13694, as amended, for [SDGT]. medallic arts or sculpture; D One person specially qualified by being owned or controlled by DENIS Dated: December 5, 2019. virtue of his or her education, training, IGOREVICH GUSEV, a person whose Andrea Gacki, or experience in American history; property and interests in property are Director, Office of Foreign Assets Control. D One person specially qualified by blocked pursuant to E.O. 13694, as [FR Doc. 2019–26612 Filed 12–10–19; 8:45 am] virtue of his or her education, training, amended. BILLING CODE 4810–AL–P JJJ or experience in numismatics; 6. VERTIKAL, OOO (Cyrillic: D Three persons who can represent DTHNBRFKM ) (a.k.a. OBSHCHESTVO S the interests of the general public in the OGRANICHENNOI DEPARTMENT OF THE TREASURY coinage of the United States; and OTVETSTVENNOSTYU VERTIKAL), d. D Four persons appointed by the United States Mint 102/1, ul. Beregovaya Kogalym, Khanty- Secretary of the Treasury on the basis of Mansiski, Avtonomny Okrug—Yugra Citizens Coinage Advisory Committee; the recommendations by the U.S. House Okr. 628482, Russia; D–U–N–S Number Request for Applications and Senate leadership. 50–630–4726; Tax ID No. 8608056026 Members are appointed for a term of (Russia); Government Gazette Number ACTION: Request for Citizens Coinage four years. No individual may be 26149774 (Russia); Registration Number Advisory Committee membership appointed to the CCAC while serving as 1138608000189 (Russia) [CYBER2] applications. an officer or employee of the Federal (Linked To: GUSEV, Denis Igorevich). Government. Designated pursuant to section SUMMARY: The United States Mint is The CCAC is subject to the direction 1(iii)(C) of E.O. 13694, as amended, for accepting applications for membership of the Secretary of the Treasury. being owned or controlled by DENIS to the Citizens Coinage Advisory Meetings of the CCAC are open to the IGOREVICH GUSEV, a person whose Committee (CCAC) for a new member public and are held approximately six to property and interests in property are specially qualified to serve on the CCAC eight times per year. The United States blocked pursuant to E.O. 13694, as by virtue of his or her education, Mint is responsible for providing the amended. training, or experience in numismatics. necessary support, technical services, 7. YUNIKOM, OOO (Cyrillic: JJJ FOR FURTHER INFORMATION CONTACT: and advice to the CCAC. CCAC >YBRJV) (a.k.a. OBSHCHESTVO S Jennifer Warren, United States Mint members are not paid for their time or OGRANICHENNOI Liaison to the CCAC; 801 Ninth Street services, but, consistent with Federal OTVETSTVENNOSTYU YUNIKOM), d. NW; Washington, DC 20220, or call Travel Regulations, members are 18, ul. Tsentralnaya Kogalym, Khanty- 202–354–7200. reimbursed for their travel and lodging Mansiski, Avtonomny Okrug—Yugra SUPPLEMENTARY INFORMATION: Pursuant expenses to attend meetings. Members Okr. 628483, Russia; D–U–N–S Number to United States Code, Title 31, section are Special Government Employees and 68–321–9795; Tax ID No. 8608052180 5135(b), the United States Mint is are subject to the Standards of Ethical (Russia); Government Gazette Number accepting applications for membership Conduct for Employees of the Executive 97396163 (Russia); Registration Number to the Citizens Coinage Advisory Branch (5 CFR part 2653). 1068608008204 (Russia) [CYBER2] Committee (CCAC) for a new member The United States Mint will review all (Linked To: GUSEV, Denis Igorevich). specially qualified to serve on the CCAC submissions and will forward its Designated pursuant to section by virtue of his or her education, recommendations to the Secretary of the 1(iii)(C) of E.O. 13694, as amended, for training, or experience in numismatics. Treasury for appointment consideration. being owned or controlled by DENIS The CCAC was established to: Candidates should include specific IGOREVICH GUSEV, a person whose D Advise the Secretary of the skills, abilities, talents, and credentials property and interests in property are Treasury on any theme or design to support their applications. The VerDate Sep<11>2014 16:23 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSKBCFDHB2PROD with NOTICES 67776 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices United States Mint is also interested in for participation on the CCAC should to the United States Mint is put through candidates who have demonstrated submit a resume and cover letter an irradiation process to protect against leadership skills, have received describing his or her reasons for seeking biological contamination. Support recognition by their peers in their field and qualifications for membership, by materials put through this process may of interest, have a record of email to [email protected], by fax to 202– suffer irreversible damage. We participation in public service or 756–6525, or by mail to the United encourage you to consider using activities, and are willing to commit the States Mint, 801 9th Street NW, alternate delivery services, especially time and effort to participate in the Washington, DC 20220, Attn: Jennifer when sending time-sensitive material. CCAC meetings and related activities. Warren. Submissions must be Dated: December 5, 2019. Application Deadline: December 31, postmarked no later than Tuesday, David J. Ryder, 2019. December 31, 2019. Director, United States Mint. Receipt of Applications: Any member Notice Concerning Delivery of First- [FR Doc. 2019–26561 Filed 12–10–19; 8:45 am] of the public wishing to be considered Class and Priority Mail: First-class mail BILLING CODE P VerDate Sep<11>2014 16:23 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00074 Fmt 4703 Sfmt 9990 E:\FR\FM\11DEN1.SGM 11DEN1 lotter on DSKBCFDHB2PROD with NOTICES FEDERAL REGISTER Vol. 84 Wednesday, No. 238 December 11, 2019 Part II Department of Education 34 CFR Parts 674, 675, 676, et al. Federal Perkins Loan Program, Federal Work-Study Programs, Federal Supplemental Educational Opportunity Grant Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, Teacher Education Assistance for College and Higher Education Grant Program, Federal Pell Grant Program, Leveraging Educational Assistance Partnership Program, and Gaining Early Awareness and Readiness for Undergraduate Programs; Proposed Rule VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67778 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules DEPARTMENT OF EDUCATION attachments in Microsoft Word format. 1001891/download)), the Department If you must submit a comment in Adobe engaged in a full review of its 34 CFR Parts 674, 675, 676, 682, 685, Portable Document Format (PDF), we regulations related to title IV, HEA 686, 690, 692, and 694 strongly encourage you to convert the programs in order to identify provisions [Docket ID ED–2019–OPE–0081] PDF to print-to-PDF format or to use that may discriminate against otherwise some other commonly used searchable eligible students and faith-based entities RIN 1840–AD40, 1840–AD44 text format. Please do not submit the by disqualifying them from title IV, HEA PDF in a scanned format. Using a print- programs due to their religious beliefs in Federal Perkins Loan Program, Federal to-PDF format allows the Department to violation of the Free Exercise Clause of Work-Study Programs, Federal electronically search and copy certain the First Amendment to the United Supplemental Educational Opportunity portions of your submissions. States Constitution. To ensure that Grant Program, Federal Family • Federal eRulemaking Portal: Go to students and faith-based entities are not Education Loan Program, William D. www.regulations.gov to submit your discriminated against due to their Ford Federal Direct Loan Program, comments electronically. Information religious beliefs, the Department Teacher Education Assistance for on using Regulations.gov, including proposes to: College and Higher Education Grant instructions for accessing agency • Ensure that members of religious Program, Federal Pell Grant Program, documents, submitting comments, and orders are not denied access to title IV Leveraging Educational Assistance viewing the docket, is available on the funding or benefits under the title IV Partnership Program, and Gaining site under ‘‘Help.’’ programs, including the Federal Pell Early Awareness and Readiness for • Postal Mail, Commercial Delivery, Grant Program, the Federal Perkins Loan Undergraduate Programs or Hand Delivery: The Department Program, the Federal Work-Study AGENCY: Office of Postsecondary strongly encourages commenters to Program (FWSP), the Federal Education, Department of Education. submit their comments electronically. Supplemental Educational Opportunity However, if you mail or deliver your Grant (FSEOG) Program, the Federal ACTION: Notice of proposed rulemaking. comments about the proposed Family Education Loan (FFEL) Program, SUMMARY: In response to the United regulations, address them to Mr. Jean- and the William D. Ford Federal Direct Didier Gaina, U.S. Department of Loan (Direct Loan) Program. States Supreme Court decision in • Trinity Lutheran Church of Columbia, Education, 400 Maryland Ave. SW, Mail Under certain circumstances, allow Inc. v. Comer, and the United States Stop 294–20, Washington, DC 20202. borrowers working as full-time Attorney General’s October 7, 2017 Privacy Note: The Department’s volunteers to defer repayment of Federal Memorandum on Federal Law policy is to make all comments received Perkins Loans, National Defense Protections for Religious Liberty from members of the public available for Student Loans (NDSLs), and FFELs if pursuant to Executive Order No. 13798, public viewing in their entirety on the those borrowers also engage in giving the Department of Education Federal eRulemaking Portal at religious instruction, conducting (Department) proposes revising the www.regulations.gov. Therefore, worship services, engaging in religious current regulations regarding the commenters should be careful to proselytizing, or engaging in fundraising eligibility of faith-based entities to include in their comments only to support religious activities as part of participate in the Federal Student Aid information that they wish to make their assigned volunteer duties. • Provide an interpretation of the programs authorized under title IV of publicly available. Public Service Loan Forgiveness (PSLF) the Higher Education Act of 1965, as FOR FURTHER INFORMATION CONTACT: regulations that permit borrowers who amended (HEA), and the eligibility of For information related to faith-based work for employers that engage in students to obtain certain benefits under issues, contact Lynn Mahaffie at (202) religious instruction, worship services, those programs. The Secretary is also 453–7862 or by email at Lynn.Mahaffie@ or proselytizing to qualify for PSLF so proposing to simplify the Teacher ed.gov. long as they meet the applicable Education Assistance for College and For information related to the TEACH standard for full-time employment Higher Education (TEACH) Grant Grant Program, contact Sophia McArdle when those religious activities are Program requirements to minimize the at (202) 453–6318 or by email at [email protected]. excluded from their work hours. number of TEACH Grants that are • If you use a telecommunications Eliminate arbitrary limitations on converted to Federal Direct the ability of private secondary and Unsubsidized Loans, and to update, device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay postsecondary faith-based educational strengthen, and clarify other areas of the institutions to participate in the Gaining TEACH Grant Program regulations. Service (FRS), toll free, at 1–800–877– 8339. Early Awareness and Readiness for DATES: We must receive your comments Undergraduate Programs (GEAR UP). on or before January 10, 2020. SUPPLEMENTARY INFORMATION: In addition, during its review, the ADDRESSES: Submit your comments Executive Summary Department discovered language that is through the Federal eRulemaking Portal inconsistent with the statute in both the or via postal mail, commercial delivery, Purpose of This Regulatory Action Leveraging Educational Assistance or hand delivery. We will not accept In response to the Supreme Court’s Partnership Program (LEAP) and FWSP comments submitted by fax or by email decision in Trinity Lutheran Church of regulations. The provisions in both or those submitted after the comment Columbia, Inc. v. Comer (137 S. Ct. 2012 programs relate to allowable period. To ensure that we do not receive (2017)), Executive Order Number 13798 employment-related activities for duplicate copies, please submit your (Exec. Order No. 13798 section 4, 82 FR program participants. In these cases, the comments only once. In addition, please 21675 (May 4, 2017)), and the Attorney Department proposes to include the include the Docket ID at the top of your General’s October 6, 2017 Memorandum statutory language in the regulations. comments. (U.S. Att’y Gen. Memorandum on These proposed regulations would If you are submitting comments Federal Law Protections for Religious also make changes to the TEACH Grant electronically, we strongly encourage Liberty (October 6, 2017, https:// Program requirements. In exchange for you to submit any comments or www.justice.gov/opa/pressrelease/file/ receiving a TEACH Grant, a grant VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67779 recipient must agree to complete a activities are excluded from their work within the eight-year service obligation teaching service obligation and must hours. period. regularly provide documentation of his • Clarify requirements for private • Specify that the Secretary will send or her progress toward satisfying the secondary and postsecondary faith- grant recipients, at least annually, a service obligation. If a grant recipient based institutions’ participation in the notice containing detailed information fails to complete the service obligation GEAR UP program. about the TEACH Grant service or does not meet requirements for • Conform language in the LEAP and obligation requirements, a summary of documenting the service obligation, the FWSP regulations regarding allowable the grant recipient’s progress toward TEACH Grants that the individual program activities to statutory language. satisfying the service obligation, and an received are converted to a Direct For the TEACH Grant Program, we explanation of the process by which a Unsubsidized Loan that must be repaid, propose new regulations that would— grant recipient whose TEACH Grants are • with interest charged from the date of Clarify that grant recipients may converted to Direct Unsubsidized Loans each TEACH Grant disbursement. The satisfy the TEACH Grant service may request reconsideration of the proposed regulations would simplify obligation by teaching for an conversion if he or she believes that the program requirements to make it easier educational service agency that serves grants were converted in error. low-income students. • Describe the actions that the for TEACH Grant recipients to • document their progress toward Clarify the beginning date of the Secretary will take if a grant recipient’s satisfying the service obligation, thereby eight-year period for completing the request for reconsideration of the reducing the number of TEACH Grants TEACH Grant service obligation. conversion of the grant to a loan is • Revise the definition of ‘‘highly approved or denied. that are converted to Direct • Unsubsidized Loans. The proposed qualified.’’ Specify that the Secretary will • Update and expand the conditions regulations would also establish a notify a grant recipient in advance of the under which a TEACH Grant recipient process for a TEACH Grant recipient to date by which he or she will be subject may satisfy the TEACH Grant service to loan conversion for failure to begin or request reconsideration of the obligation by teaching in a high-need maintain qualifying teaching service conversion of the grant to a loan if the field listed in the Department’s annual within a timeframe that would allow the recipient believes that his or her TEACH Teacher Shortage Area Nationwide recipient to complete the service Grant was converted to a loan in error, Listing (Nationwide List). obligation within the eight-year service expand and strengthen counseling • Clarify the service obligation obligation period, and inform the requirements for TEACH Grant requirements for TEACH Grant recipient of the final date by which he recipients, expand the conditions under recipients who withdraw from the or she must provide documentation of which a TEACH Grant recipient may institution where they received a teaching service to avoid having his or receive a temporary suspension of the TEACH Grant before completing the her grants converted to loans. period for completing the teaching program for which they received the • Incorporate statutory changes and service obligation, and strengthen, grant, then later re-enroll in the same update, simplify, and clarify various update, and clarify other areas of the program or in a different TEACH Grant areas of the TEACH Grant Program TEACH Grant Program regulations. eligible program at the same academic regulations. Summary of the Major Provisions of level. Please refer to the Summary of This Regulatory Action • Expand the information that is Proposed Changes section of this notice provided to TEACH Grant recipients of proposed rulemaking (NPRM) for To restore religious liberty to faith- during initial, subsequent, and exit more details on the major provisions based institutions and religious counseling, and add a new conversion contained in this NPRM. students, we propose new regulations counseling requirement for grant Costs and Benefits that would— recipients whose TEACH Grants are • Restore the ability of members of converted to Direct Unsubsidized Loans. As discussed in the Regulatory Impact religious orders, who also are pursuing • Add new conditions under which a Analysis section of this document, the courses of study at institutions of higher TEACH Grant recipient may receive a Department does not estimate that these education, to participate in the title IV, temporary suspension of the eight-year proposed regulations would result in HEA programs by eliminating regulatory period for completing the service any significant costs. Changes regarding provisions that treat members of obligation. faith-based institutions and religious religious orders as having no financial • Remove the current regulatory students would have minimal impacts need in certain circumstances. requirement for TEACH Grant recipients on financial aid costs to the Federal • Allow certain borrowers, who serve to certify, within 120 days of completing government, because these provisions as full-time volunteers in tax-exempt the program for which they received will affect few students and borrowers. organizations and give religious TEACH Grants, that they have begun Changes regarding the PSLF program instruction, conduct worship service, qualifying teaching service, or that they would similarly have minimal impact, proselytize, or fundraise to support have not yet begun teaching, but they as the consensus language largely aligns religious activities as part of their intend to satisfy the service obligation. with historical Department practice. official duties, to defer repayment of • Simplify the regulations specifying Changes regarding the GEAR UP Federal Perkins Loans, NDSLs, and the conditions under which TEACH program would have no estimated costs FFELs. Grants are converted to Direct as participation in the Department’s • Provide an interpretation of the Unsubsidized Loans so that for all grant competitive grant programs is voluntary PSLF regulations, which permit recipients, loan conversion will occur and the program currently serves small borrowers who work for employers that only if the recipient asks the Secretary numbers of religiously affiliated engage in religious instruction, worship to convert his or her TEACH Grants to schools. While changes to the TEACH services, or proselytizing to qualify for loans, or if the recipient fails to begin or Grant Program would likely improve the PSLF so long as they meet the maintain qualifying teaching service reporting and documentation process applicable standard for full-time within a timeframe that would allow the for recipients and increase the number employment when those religious recipient to satisfy the service obligation of teaching positions in which TEACH VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67780 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules grant recipients could satisfy their regulations in 34 CFR part 674 pertain 36,000 out of more than 112,000 TEACH service obligations, we do not estimate to the Federal Perkins Loan Program. Grant recipients had not fulfilled that the changes would result in a The regulations in 34 CFR part 675 TEACH Grant requirements and had sizable increase in the number of grant pertain to FWSP. The regulations in 34 their grants converted to loans (GAO, recipients. CFR part 676 pertain to the FSEOG. The 2015).2 GAO’s analysis also found that Invitation to Comment: We invite you regulations in 34 CFR part 682 pertain 2,252 TEACH Grants were improperly to submit comments regarding these to FFEL. The regulations in 34 CFR part converted to loans as of September proposed regulations. 685 pertain to Direct Loans. The 2014. GAO concluded that due to the To ensure that your comments have regulations in 34 CFR part 686 pertain number of incorrectly converted grants, maximum effect in developing the final to the TEACH Grant Program. The the Department should better regulations, we urge you to identify regulations in 34 CFR part 690 pertain understand the reasons teachers do not clearly the specific section or sections of to the Federal Pell Grant Program. The meet program requirements, and the proposed regulations that each of regulations in 34 CFR part 692 pertain program management should be your comments addresses, and provide to LEAP. The regulations in 34 CFR part improved, especially with respect to the relevant information and data whenever 694 pertain to GEAR UP. grant-to-loan conversion dispute possible, even when there is no specific We are proposing these amendments process. These proposed regulations solicitation of data and other supporting to: (1) Ensure that students and faith- help to address GAO’s concerns. materials in the request for comment. based organizations are not prevented A 2018 study conducted for the We also urge you to arrange your from participating in title IV programs Department by the American Institutes comments in the same order as the because of their religious views; (2) for Research (U.S. Department of proposed regulations. Please do not codify the statutory language about Education, 2018) 3 found that as of June submit comments that are outside the allowable forms of employment for both 2016, 63 percent of TEACH Grant scope of the specific proposals in this the FWSP and the LEAP program; (3) recipients who started their eight-year NPRM, as we are not required to ensure that GEAR UP providers that service obligation period before July respond to such comments. serve students attending private schools 2014 had their grants converted to We invite you to assist us in are employed independently of the unsubsidized loans because they did not complying with the specific private school; (4) eliminate a meet the service obligation requirements requirements of Executive Orders 12866 redundant provision that prohibits the or the annual certification requirements. and 13563 and their overall requirement commingling of Federal and non- More specifically, this study found that of reducing regulatory burden that Federal funds used to provide services the factors associated with recipients might result from these proposed to GEAR UP students attending private not meeting the grant requirements regulations. Please let us know of any institutions; and (5) eliminate the included those related to the recipient’s further ways we could reduce potential prohibition against pervasively sectarian employment (including teaching in a costs or increase potential benefits institutions of higher education from position that did not qualify for TEACH while preserving the effective and serving as fiscal agents for GEAR UP Grant service (39 percent) and not efficient administration of the grantees. working as a certified teacher (33 Department’s programs and activities. Throughout this NPRM, when the percent)), the recipient not During and after the comment period, Department refers to a ‘‘generally understanding the service obligation you may inspect all public comments available benefit program,’’ the requirements, and factors related to the about the proposed regulations by Department is referring to programs that recipient providing the annual accessing Regulations.gov. You may also meet the Supreme Court’s certification (not providing the inspect the comments in person at 400 characterization of ‘‘neutral and certification because the recipient did Maryland Ave. SW, Washington, DC, generally available benefit programs’’ in 1 not know about the annual certification between 8:30 a.m. and 4 p.m., Eastern Trinity Lutheran. process (19 percent) and not providing In 2007, Congress established the Time, Monday through Friday of each the certification because the recipient TEACH Grant Program to help increase week except Federal holidays. To experienced challenges related to the the number of teachers in high-need schedule a time to inspect comments, certification process (13 percent)). please contact one of the persons listed fields in low-income schools. The To address the concerns raised by under FOR FURTHER INFORMATION TEACH Grant Program provides up to these studies, we are proposing CONTACT. $4,000 per year to undergraduate and amendments that we believe will reduce Assistance to Individuals with graduate students enrolling in the number of TEACH Grants that are Disabilities in Reviewing the coursework to become a teacher. In converted to Direct Unsubsidized Loans Rulemaking Record: On request, we will exchange for receiving a TEACH Grant, by simplifying the requirements for provide an appropriate accommodation a recipient must agree to teach in a high- TEACH Grant recipients to show that or auxiliary aid to an individual with a need field such as reading, mathematics, they are meeting the service obligation disability who needs assistance to or science, at a low-income school, for requirements; ensure that TEACH Grant review the comments or other at least four years in an eight-year recipients are better informed of documents in the public rulemaking period and annually certify that he or program requirements by expanding and record for the proposed regulations. To she intends to meet this requirement. If strengthening counseling and schedule an appointment for this type of a recipient does not meet the grant notifications; make it easier for TEACH accommodation or auxiliary aid, please requirements or the annual certification contact one of the persons listed under requirements, the grant converts to a 2 Government Accountability Office. 2015. Higher FOR FURTHER INFORMATION CONTACT. Federal Direct Unsubsidized Loan with Education: Better Management of Federal Grant and interest charged from the date of each Loan Forgiveness Programs for Teachers Needed to Background TEACH Grant disbursement. Improve Participant Outcomes (GAO 15–314). The Secretary proposes to amend A 2015 Government Accountability Washington, DC: United States Government Accountability Office. parts 674, 675, 676, 682, 685, 686, 690, Office (GAO) report found that around 3 U.S. Department of Education. (2018). Study of 692, and 694 of title 34 of the Code of the Teacher Education Assistance for College and Federal Regulations (CFR). The 1 137 S. Ct. 2012 (2017). Higher Education (TEACH) Program. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67781 Grant recipients to satisfy the service proposed regulations to a negotiated institutions of higher education; obligation by establishing additional rulemaking process. If negotiators reach employers; and veterans. conditions under which the period for consensus on the proposed regulations, The Department sought individuals to completing the required teaching the Department agrees to publish represent the following groups for the service may be temporarily suspended, without alteration a defined group of Faith-Based Entities Subcommittee: and by expanding the options for regulations on which the negotiators Students; faith-based entities eligible for satisfying the service obligation by reached consensus unless the Secretary title IV, HEA programs; officers of teaching in a high-need field listed in reopens the process or provides a institution-based GEAR UP grantees; the Department’s Nationwide List; written explanation to the participants institutions of higher education with provide a process for TEACH Grant stating why the Secretary has decided to knowledge of faith-based entities’ recipients to request reconsideration of depart from the agreement reached participation in the title IV, HEA the conversion of their TEACH Grant to during negotiations. Further information programs; institutions of higher a loan if they believe that the grant was on the negotiated rulemaking process education with knowledge of faith- converted to a loan in error; and update, can be found at: www2.ed.gov/policy/ based entities’ participation in the title simplify, and clarify various areas of the highered/reg/hearulemaking/hea08/neg- IV, HEA programs that also are eligible TEACH Grant regulations. reg-faq.html. to receive Federal financial assistance under title III, parts A, B, and F, and Public Participation On October 15, 2018, the Department published a notice in the Federal title V of the HEA, which include On July 31, 2018, we published a Register (83 FR 51906) announcing its HBCUs, HSIs, American Indian Tribally notice in the Federal Register (83 FR intention to establish a negotiated Controlled Colleges and Universities, 36814) announcing our intent to rulemaking committee—the Alaska Native and Native Hawaiian- establish a negotiated rulemaking Accreditation and Innovation Serving Institutions, Predominantly committee under section 492 of the HEA Committee—to prepare proposed Black Institutions, and other institutions to develop proposed regulations related regulations for the Federal Student Aid with a substantial enrollment of needy to a number of higher education programs authorized under title IV of students as defined in title III of the practices and issues, including (1) the HEA. The notice set forth a schedule HEA; accrediting agencies; associations accreditation; (2) distance learning and for the committee meetings and or organizations that focus on issues educational innovation; (3) TEACH requested nominations for individual related to faith-based entities or the Grants; and (4) participation by faith- participation of faith-based entities in negotiators to serve on the negotiating based educational entities. We also Federal programs; and financial aid committee. We also announced the announced three public hearings at administrators at postsecondary creation of three subcommittees—the which interested parties could comment institutions. on the topics suggested by the Distance Learning and Educational The Department sought individuals Department and suggest additional Innovation Subcommittee, Faith-Based with expertise in teacher education topics for consideration for action by the Entities Subcommittee, and the TEACH programs, student financial aid, and negotiated rulemaking committee. Grants Subcommittee—and requested high-need teacher education programs Those hearings took place on September nominations for individuals with to serve as members of the TEACH 6, 2018, in Washington, DC, on pertinent expertise to participate on the Grant Subcommittee: Students who are September 11, 2018, in New Orleans, subcommittees. or have been TEACH Grant recipients; Louisiana, and on September 13, 2018, The Department sought negotiators to legal assistance organizations that in Sturtevant, Wisconsin. We invited represent the following groups for the represent students; financial aid parties to comment and submit topics Accreditation and Innovation administrators at postsecondary for consideration in writing as well. Committee: Students; legal assistance institutions; State primary and Transcripts from the public hearings are organizations that represent students; secondary education executive officers; available at: www2.ed.gov/policy/ financial aid administrators at institutions of higher education that highered/reg/hearulemaking/2018/ postsecondary institutions; national award or have awarded TEACH grants index.html. accreditation agencies; regional and that are eligible to receive Federal Written comments submitted in accreditation agencies; programmatic assistance under title III, parts A, B, and response to the July 31, 2018 Federal accreditation agencies; institutions of F, and title V of the HEA, which include Register notice may be viewed through higher education primarily offering HBCUs, HSIs, American Indian Tribally the Federal eRulemaking Portal at distance education; institutions of Controlled Colleges and Universities, www.regulations.gov, within docket ID higher education eligible to receive Alaska Native and Native Hawaiian- ED–2018–OPE–0076. Instructions for Federal assistance under title III, parts Serving Institutions, Predominantly finding comments are also available on A, B and F, and title V of the HEA, Black Institutions, and other institutions the site under ‘‘How to Use which include Historically Black with a substantial enrollment of needy Regulations.gov’’ in the ‘‘Help’’ section. Colleges and Universities (HBCUs), students as defined in title III of the Hispanic-Serving Institutions (HSIs), HEA; two-year institutions of higher Negotiated Rulemaking American Indian Tribally Controlled education that award or have awarded Section 492 of the HEA, 20 U.S.C. Colleges and Universities, Alaska Native TEACH grants; four-year institutions of 1098a, requires the Secretary to obtain and Native Hawaiian-Serving higher education that award or have public involvement in the development Institutions, and other institutions with awarded TEACH grants; organizations of proposed regulations affecting a substantial enrollment of needy or associations that represent the programs authorized by title IV of the students as defined in title III of the interests of students who participate in HEA. After obtaining extensive input HEA; two-year public institutions of title IV programs; and organizations or and recommendations from the public, higher education; four-year public associations that represent financial aid including individuals and institutions of higher education; faith- administrators. representatives of groups involved in based institutions of higher education; The Accreditation and Innovation the title IV, HEA programs, the private, nonprofit institutions of higher negotiating committee included the Secretary in most cases must subject the education; private, proprietary following members: VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67782 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules Susan Hurst, Ouachita Baptist University, Bejar (alternate), Florida International Sophia McArdle, U.S. Department of and Karen McCarthy (alternate), National University, representing veterans. Education. Association of Student Financial Aid Annmarie Weisman, U.S. Department of Administrators, representing financial aid Education, representing the Department. The negotiated rulemaking committee administrators at postsecondary institutions. The Faith-Based Entities Subcommittee met to develop proposed regulations on Robyn Smith, Legal Aid Foundation of Los included the following members: January 14–16, 2019; February 19–22, Angeles, and Lea Wroblewski (alternate), Gregory Bruner, Olivet Nazarene 2019; March 25–28, 2019; and April 1– Legal Aid of Nebraska, representing legal University, representing financial aid 3, 2019. assistance organizations that represent administrators at postsecondary institutions. At the first meeting of the Committee, students. Andrew Bramson, College Crusade of the Department received a petition for Ernest McNealey, Allen University, and Rhode Island, representing officers of membership from David Tandberg, Vice Erin Hill Hart (alternate), North Carolina A & institution-based GEAR UP grantees. T State University, representing institutions Emmanual Guillory, United Negro College President of Policy Research and of higher education that award or have Fund, Inc., representing institutions of higher Strategic Initiatives at the State Higher awarded TEACH grants and that are eligible education eligible to receive Federal Education Executive Officers to receive Federal assistance under title III, assistance under title III, parts A, B, F, and Association, to represent State higher parts A, B, and F, and title V of the HEA, title V of the HEA, which include HBCUs, education executive officers. The which include HBCUs, HSIs, American HSIs, American Indian Tribally Controlled negotiated rulemaking committee voted Indian Tribally Controlled Colleges and Colleges and Universities, Alaska Native and Universities, Alaska Native and Native to include Dr. Tandberg on the full Native Hawaiian-Serving Institutions, and committee. Hawaiian-Serving Institutions, other institutions with a substantial Predominantly Black Institutions, and other enrollment of needy students as defined in During its first meeting, the institutions with a substantial enrollment of title III of the HEA. negotiating committee also reached needy students as defined in title III of the Stephen Eck, Oklahoma Christian agreement on its protocols and proposed HEA. University, representing faith-based entities agenda. The protocols provided, among David Dannenberg, University of Alaska, eligible for title IV, HEA programs. other things, that the committee would Anchorage, and Tina Falkner (alternate), Thomas Dunne, Fordham University, operate by consensus. Consensus means University of Minnesota, representing four- representing institutions of higher education that there must be no dissent by any year public institutions of higher education. with knowledge of faith-based entities’ Terry Hartle, American Council on member for the committee to have participation in the title IV, HEA programs. reached agreement. Under the protocols, Education, and Ashley Ann Reich (alternate), William Hathaway, Regent University, Liberty University, representing private, representing accrediting agencies. the Department would use the nonprofit institutions of higher education. Richard Katskee, Americans United for consensus-based language in its Jillian Klein, Strategic Education, Inc., and Separation of Church and State, and proposed regulations for each bucket, as Fabian Fernandez (alternate), Schiller Kimberlee Wood Colby, Center for Law and described in more detail below, on International University, representing Religious Freedom, representing associations private, proprietary institutions of higher which final consensus was achieved. or organizations that focus on issues related education. Furthermore, the Department would not to faith-based entities or the participation of William Pena, Southern New Hampshire substantively alter the consensus-based University, and M. Kimberly Rupert faith-based entities in Federal programs. language of its proposed regulations (alternate), Spring Arbor University, Haven Herrin, Soulforce, representing unless the Department reopened the students. representing institutions of higher education negotiated rulemaking process or primarily offering distance education. Lynn Mahaffie, U.S. Department of Education. provided a written explanation to the Christina Amato, Sinclair College, and committee members regarding why it Daniel Phelan (alternate), Jackson College, The TEACH Grants Subcommittee representing two-year public institutions of included the following members: decided to depart from that language. higher education. Debbi Braswell, Belhaven University, and During the first meeting, the Barbara Gellman-Danley, Higher Learning Stephen Payne, National Association of negotiating committee agreed to Commission, and Elizabeth Sibolski Student Financial Aid Administrators, negotiate an agenda of issues related to (alternate), Middle States Commission on representing financial aid administrators at accreditation and student financial aid. Higher Education, representing regional postsecondary institutions. Under the protocols, the issues were accreditation agencies. Kyra Taylor, Legal Services Center at Harvard Law School, representing legal placed into three ‘‘buckets’’ upon which Laura King, Council on Education for a final consensus would have to include Public Health, and Janice Knebl (alternate), assistance organizations that represent American Osteopathic Association students. consensus on all issues within that Commission on Osteopathic College Willis W. Walter, Virginia State University, bucket. The first bucket included issues Accreditation, representing programmatic representing institutions of higher education related to accreditation in 34 CFR parts accreditation agencies. that award or have awarded TEACH Grants 600, 602, 603, and 668, as well as the Michale S. McComis, Accrediting and that are eligible to receive Federal Robert C. Byrd Scholarship Program in Commission of Career Schools and Colleges, assistance under title III, parts A, B, and F, 34 CFR part 654. The second bucket and India Y. Tips (alternate), Accrediting and title V of the HEA, which includes included issues related to the TEACH HBCUs, HSIs, American Indian Tribally Bureau of Health Education Schools, Grant Program in 34 CFR part 686 and representing national accreditation agencies. Controlled Colleges and Universities, Alaska Steven M. Sandberg, Brigham Young Native and Native Hawaiian-Serving the treatment of faith-based entities in University, and David Altshuler (alternate), Institutions, and other institutions with a student aid and grant programs in 34 San Francisco Theological Seminary, substantial enrollment of needy students as CFR parts 674, 675, 676, 682, 685, 690, representing faith-based institutions of higher defined in title III of the HEA. 692, and 694. The third bucket included education. Alyssa Dobson, Slippery Rock University, issues related to distance learning and Joseph Verardo, National Association of and David T. Cantaffa, State University of educational innovation in 34 CFR parts Graduate-Professional Students, and John New York, representing four-year institutions 600 and 668. The committee reached Castellaw (alternate), University of Arizona, of higher education that award or have consensus on each of the three buckets. awarded TEACH Grants. representing students. The Department plans to issue Edgar McCulloch, IBM Corporation, and Deborah Koolbeck, American Association Shaun T. Kelleher (alternate), BAM of Colleges for Teacher Education, separate NPRMs and final regulations Technologies, representing employers. representing organizations or associations for each bucket of issues. This NPRM Daniel Elkins, Enlisted Association of the that represent the interests of students who addresses issues related to the treatment National Guard of the U.S., and Elizabeth participate in the title IV programs. of faith-based entities and TEACH VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67783 Grants. During the committee meetings, relating to religious instruction, worship completing the program for which the Department explained that it would services, or proselytizing. TEACH Grants were received and later consider early implementation of the • Modify § 694.6(b) by replacing re-enroll; and (4) updating the provisions of the final TEACH grant language related to the provision of conditions under which a TEACH Grant regulations in order to reduce the GEAR UP services and providers at recipient may satisfy the service number of conversions of grants to loans private religious schools with language obligation by teaching in a high-need by simplifying program requirements. requiring that providers of GEAR UP field listed in the Department’s During committee meetings, the services be employed or contracted Nationwide List. committee reviewed and discussed the independently of a private school and • Make minor changes to § 686.21 to Department’s drafts of regulatory its affiliated organizations. The be more consistent with the language and the committee members’ Department proposes to delete the word corresponding statutory language. • alternative language and suggestions. At ‘‘religious’’ before the word Amend § 686.32 by expanding and the final meeting on April 3, 2019, the ‘‘organization’’ to clarify that revising the information that TEACH committee reached consensus on employment must be independent of Grant recipients receive during initial, regulatory language. For this reason, and organizations affiliated with the school, subsequent, and exit counseling, and by according to the committee’s protocols, regardless of whether those adding a new conversion counseling committee members and the organizations are religious in nature. requirement for grant recipients whose • organizations that they represent have Delete § 694.6(c), which prohibits TEACH Grants are converted to Direct agreed to refrain from commenting the commingling of Federal and non- Unsubsidized Loans. • Modify § 686.40 by (1) removing the negatively on the consensus-based Federal funds used to provide GEAR UP requirement for grant recipients to regulatory language. For more services to students attending private confirm their status within 120 days of information on the negotiated schools. • ceasing enrollment in a program for rulemaking sessions, please visit: Amend § 694.10 to delete language which they received a TEACH Grant; (2) https://www2.ed.gov/policy/highered/ indicating that the fiscal agent of a eliminating the current rule stating that reg/hearulemaking/2018/index.html. GEAR UP grant may not be pervasively sectarian. a grant recipient may not satisfy the Summary of Proposed Changes For the TEACH Grant Program, the service obligation by teaching in a geographic region of a State or in a With respect to issues discussed by proposed regulations would— • Where needed throughout the specific grade level not associated with the Faith-Based Subcommittee, the regulations, add references to a high-need field that has been proposed regulations would— educational service agencies, replace designated as a teacher shortage area in • Amend §§ 674.9, 675.9, 676.9, ‘‘agreement to serve’’ with ‘‘agreement the Department’s Nationwide List; and 682.301, 685.200, and 690.75 by to serve or repay,’’ and revise the (3) adding a new circumstance under removing language that presumes that a references to Direct Unsubsidized Loans which teaching for less than a complete member of a religious order has no for consistency with the terminology academic year may be counted as a full financial need when determining used in the Direct Loan Program year of qualifying teaching service. eligibility for the Pell Grant Program, regulations. • Revise § 686.41 by adding new the Federal Perkins Loan Program, the • Amend § 686.1 by expanding the conditions under which a grant FWSP, the FSEOG Program, the FFEL information included in the description recipient may receive a temporary Program, and the Direct Loan Program, of the scope and purpose of the TEACH suspension of the period for completing respectively. the service obligation. • Grant Program. Delete language in §§ 674.35, • Revise § 686.2 by adding a cross- • Amend § 686.42 by updating the 674.36, and 682.210 that would prohibit reference to the definition of ‘‘Free requirements and procedures for borrowers with Federal Perkins Loans Application for Federal Student Aid receiving a discharge of the TEACH made before July 1, 1993, NDSLs made (FAFSA)’’ in 34 CFR part 668, adding Grant service obligation based on a total on or after October 1, 1980, but before definitions of ‘‘educational service and permanent disability (TPD). July 1, 1993, or FFELs made before July agency’’ and ‘‘Teacher Shortage Area • Revise § 686.43 by (1) simplifying 1, 1993, from obtaining deferment of Nationwide Listing (Nationwide List),’’ the rules for conversion of TEACH their loans during periods of otherwise and revising the definitions of Grants to Direct Unsubsidized Loans to eligible full-time volunteer work that ‘‘Agreement to serve,’’ ‘‘highly provide that for all grant recipients, includes providing religious instruction, qualified,’’ ‘‘school serving low-income conversion will occur only if the grant conducting religious services, students (low-income school),’’ and recipient requests conversion, or if the proselytizing, or engaging in fundraising ‘‘TEACH Grant-eligible program.’’ recipient fails to begin or maintain to support religious activities. • Modify §§ 686.10 and 686.11 by qualifying teaching service within a • Amend §§ 675.20 and 692.30 to replacing references to submitting a timeframe that would allow the conform regulatory provisions in the TEACH Grant application with recipient to complete the service FWSP and LEAP Program to statutory references to submitting the FAFSA and obligation within the eight-year service provisions that prohibit work study making additional conforming changes. obligation period; (2) adding language employment from involving the • Amend § 686.12 by (1) changing describing a notice that the Secretary construction, operation, or maintenance ‘‘agreement to serve’’ to ‘‘agreement to will send to grant recipients at least of so much of any facility as is used or serve or repay’’; (2) expanding the annually to remind them of the service is to be used for sectarian instruction or description of the contents of the obligation requirements; (3) specifying as a place for religious worship. agreement to serve or repay; (3) that the Secretary will notify grant • Amend § 685.219 by deleting clarifying the requirements for recipients in advance of the final date provisions that would exclude completion of more than one service by which they must submit borrowers who are otherwise eligible for obligation, and adding language to documentation of qualifying teaching PSLF from receiving forgiveness, explain the service obligation service to avoid loan conversion; and (4) because they are working for requirements for grant recipients who describing the information that the organizations engaged in activities withdraw from an institution prior to Secretary will provide to a grant VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67784 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules recipient whose grants are converted to Department proposes to delete this Student Eligibility (§ 675.9) loans, including information about the provision. Statute: HEA part C (§ 441, et seq.) process by which a grant recipient may Deferment of Repayment—Federal governs the FWSP and HEA part F request reconsideration of the Perkins Loans Made Before July 1, 1993 (§ 471, et seq.) governs need analysis. conversion. (§ 674.35) Current Regulations: Section 675.9(c) Significant Proposed Regulations provides that a member of a religious Statute: Parts E (§ 461, et seq.) and F order pursuing a course of study in an We discuss substantive issues under (§ 471, et seq.) of the HEA govern the institution of higher education has no the sections of the proposed regulations Federal Perkins Loan Program and need financial need for purposes of the FWSP to which they pertain. Generally, we do analysis, respectively. if the order has as its primary objective not address proposed regulatory Current Regulations: Section the promotion of ideals and beliefs provisions that are technical or 674.35(c)(5)(iv) denies deferment of regarding a Supreme Being; requires its otherwise minor in effect. repayment for Federal Perkins loan members to forego monetary or other borrowers working as volunteers if their support substantially beyond the Faith-Based Significant Proposed volunteer duties include giving religious Regulations support it provides; and directs the instruction, conducting worship member to pursue the course of study or Student Eligibility (§ 674.9) services, proselytizing, or fundraising to provides subsistence support to its support religious activities. Statute: Parts E (§ 461, et seq.) and F members. Proposed Regulations: We propose to Proposed Regulations: We propose to (§ 471, et seq.) of the HEA govern the delete § 674.35(c)(5)(iv). Federal Perkins Loan Program and need revise § 675.9(c) to remove the language Reasons: We believe that the current analysis, respectively. that provides that a member of a provision may violate the Free Exercise Current Regulations: Section 674.9(c) religious order is considered to have no Clause of the First Amendment. Many financial need. provides that a member of a religious religious organizations offer services order pursuing a course of study in an Reasons: In Trinity Lutheran Church such as providing food to impoverished of Columbia, Inc. v. Comer, the Supreme institution of higher education has no people as part of their religious worship financial need for purposes of the Court held that laws and policies may and outreach. Those organizations may provide benefits in a way that is neutral Federal Perkins Loan Program if the not be able to separate the provision of order has as its primary objective the and generally applicable without regard secular and non-secular services, as they to religion, but policies that single out promotion of ideals and beliefs are intertwined in their faith and belief regarding a Supreme Being; requires its the religious for disfavored treatment systems. Volunteers should be able to violate the Free Exercise Clause.5 The members to forego monetary or other enjoy membership in a religious support substantially beyond the Department determined that the current organization and obtain loan deferments regulations may violate the Free support it provides; and directs the (a generally available benefit). member to pursue the course of study or Exercise Clause by categorically denying Accordingly, the Department proposes individuals from participation in provides subsistence support to its to delete this provision. members. neutral and generally available benefit programs based on their membership in Proposed Regulations: We propose to Deferment of Repayment—NDSLs Made a religious order. Other non- revise § 674.9(c) to remove the language on or After October 1, 1980, but Before discriminatory methods exist for that provides that a member of a July 1, 1993 (§ 674.36) determining a student’s cost of religious order is considered to have no Statute: Section 464 of the HEA attendance when a third party is financial need. governs the terms of Perkins Loans. providing housing, sustenance, or other Reasons: In Trinity Lutheran Church Current Regulations: Section support to the student. It is not of Columbia, Inc. v. Comer, the Supreme 674.36(c)(4)(iv) denies deferment of necessary and is in violation of the Free Court held that laws and policies may repayment for NDSL borrowers working Exercise Clause to single out and provide benefits in a way that is neutral as volunteers if their duties include exclude from participation in title IV toward religion, but policies that single giving religious instruction, conducting programs individuals who are members out the religious for disfavored worship service, proselytizing, or of religious orders. Accordingly, the treatment violate the Free Exercise fundraising to support religious Department proposes to delete this 4 Clause. The Department determined activities. provision. that the current regulations may violate Proposed Regulations: We propose to the Free Exercise Clause by categorically delete § 674.36(c)(4)(iv). Eligible Employers and General denying individuals from participation Reasons: We believe that the current Conditions and Limitation on in generally available benefit programs, regulation may violate the Free Exercise Employment (§ 675.20) based on a person’s religious views. The Clause of the First Amendment. Many Statute: Section 443(b)(1)(C) of the Department believes that otherwise religious organizations offer services HEA states that work performed under eligible students should not be denied such as providing food to impoverished the FWSP may ‘‘not involve the participation in title IV programs based people as part of their religious worship construction, operation, or maintenance solely on their membership in a and outreach. Those organizations may of so much of any facility as is used or religious order or the particular not be able to separate the provision of is to be used for sectarian instruction or attributes of that order. It is not secular and non-secular services, as they as a place for religious worship.’’ necessary and is in violation of the Free are intertwined in their faith and belief Current Regulations: Section Exercise Clause to single out and systems. Volunteers should be able to 675.20(c)(2)(iv) provides that FWSP exclude from participation in title IV enjoy membership in a religious employment may not ‘‘involve the programs individuals who are members organization and obtain loan deferments construction, operation, or maintenance of religious orders. Accordingly, the (a generally available benefit). of any part of a facility used or to be Accordingly, the Department proposes 4 137 S. Ct. at 2021–25. to delete this provision. 5 137 S. Ct. at 2021–25. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67785 used for religious worship or sectarian religious order. The Department Eligibility of Borrowers for Interest instruction.’’ believes that otherwise eligible students Benefits on Stafford and Consolidation Proposed Regulations: We propose to who are members of religious orders Loans (§ 682.301) amend the regulation to be consistent should not be required to disavow their Statute: Section 428 of the HEA with the statutory text. religious beliefs in order to participate Reasons: On college campuses, governs Federal payments to reduce in title IV programs. Other non- student interest costs. chapels and other religious structures discriminatory methods exist for Current Regulations: Section may be part of larger multi-use facilities. determining a student’s cost of 682.301(a)(2) provides that a member of The current regulations are not clear as attendance when a third party is a religious order pursuing a course of to when FWSP employment may providing housing, sustenance, or other study in an institution of higher include the construction, operation, or support to the student. It is not education has no financial need for maintenance of a larger, multi-use necessary and is in violation of the Free purposes of the FFEL Program if the facility that includes space that is used Exercise Clause to single out and order has as its primary objective the for religious worship or sectarian exclude from participation in title IV promotion of ideals and beliefs instruction. The current regulatory programs individuals who are members regarding a Supreme Being; requires its language also has departed from the of religious orders. Accordingly, the statute in precluding certain Department proposes to delete this members to forego monetary or other employment activities from any part of provision. support substantially beyond the a facility used or to be used for religious support it provides; and directs the worship or sectarian instruction. To Deferment (§ 682.210) member to pursue the course of study or provide clarity and to ensure adherence Statute: Section 427(a)(2)(c) of the provides subsistence support to its to the statute, the Faith-Based Entities HEA as it was in effect on July 2, 1992 members. Subcommittee suggested that we governs deferments that were available Proposed Regulations: We propose to conform the regulatory language to the to borrowers with loans issued before delete § 682.301(a)(2). statutory provision, and the committee July 1, 1993. Reasons: In Trinity Lutheran Church reached consensus on amending the Current Regulations: Section of Columbia, Inc. v. Comer, the Supreme provision as proposed by the 682.210(m)(1)(iv) denies deferment of Court held that laws and policies may subcommittee. repayment for FFEL borrowers working provide benefits in a way that is neutral as volunteers if their duties include to religion, but policies that single out Student Eligibility (§ 676.9) giving religious instruction, conducting the religious for disfavored treatment Statute: Section 413C and Part F worship service, proselytizing, or violate the Free Exercise Clause.7 The (§ 471, et seq.) of the HEA govern the fundraising to support religious Department determined that the current selection of recipients for the FSEOG activities. regulations may violate the Free Program and need analysis, Proposed Regulations: During Exercise Clause by categorically denying respectively. negotiations, we developed proposed individuals from participation in Current Regulations: Section 676.9(c) changes to § 682.210(m)(1)(iv) that generally available benefit programs states that a member of a religious order would deny deferment of repayment for based on their membership in a pursuing a course of study in an FFEL borrowers working as volunteers religious order. The Department institution of higher education has no only for that portion of their duties believes that otherwise eligible students financial need for purposes of the spent participating in religious who are members of religious orders FSEOG Program if the order has as its instruction, worship services, or any should not be required to disavow their primary objective the promotion of form of proselytizing. However, this religious beliefs in order to participate ideals and beliefs regarding a Supreme proposed revision is inconsistent with in title IV programs. Other non- Being; requires its members to forego the other provisions regarding discriminatory methods exist for monetary or other support substantially deferment in which consensus was determining a student’s cost of beyond the support it provides; and reached. Similar provisions in other attendance when a third party is directs the member to pursue the course regulations were simply deleted. providing housing, sustenance, or other of study or provides subsistence support Because this would be inconsistent with support to the student. It is not to its members. our other proposed regulatory changes, necessary to single out and exclude Proposed Regulations: We propose to we seek comment from the public on from participation in title IV programs revise § 676.9(c) to remove the language whether we should instead remove individuals who are members of that provides that a member of a § 682.210(m)(1)(iv). religious orders and singling out these religious order is considered to have no Reasons: We believe that the current individuals for exclusion may violate financial need. regulatory provision may violate the the Free Exercise Clause. Accordingly, Reasons: In Trinity Lutheran Church Free Exercise Clause of the First the Department proposes to delete this of Columbia, Inc. v. Comer, the Supreme Amendment. Many religious provision. Court held that laws and policies may organizations offer services such as provide benefits in a way that is neutral providing food to impoverished people Borrower Eligibility (§ 685.200) to religion, but policies that single out as part of their religious worship and Statute: Section 451, et seq. of the the religious for disfavored treatment outreach. Those organizations may not HEA governs the Direct Loan program. violate the Free Exercise Clause.6 The be able to separate the provision of Current Regulations: Section Department determined that the current secular and non-secular services, as they 685.200(a)(2)(ii) provides that a member regulations may violate the Free are intertwined as part of their faith and of a religious order, group, community, Exercise Clause by categorically denying belief system. Volunteers should be able society, agency or other organization individuals from participating in to enjoy membership in a religious pursuing a course of study in an generally available benefit programs organization and obtain loan deferments institution of higher education has no based on their membership in a (a generally available benefit). financial need for purposes of the Direct Accordingly, the Department proposes 6 137 S. Ct. at 2021–25. to revise this provision. 7 137 S. Ct. at 2021–25. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67786 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules Loan Program if the order has as its engaged in religious activities, unless ideals and beliefs regarding a Supreme primary objective the promotion of the qualifying activities are unrelated to Being and provides subsistence support ideals and beliefs regarding a Supreme religious instruction, worship services, to its members, or has directed the Being; requires its members to forego or any form of proselytizing.’’ The member to pursue the course of study. monetary or other support substantially Department is concerned that denying Proposed Regulations: We propose to beyond the support it provides; and certain borrowers the same generally delete § 690.75(d). directs the member to pursue the course available benefit as a result of the Reasons: In Trinity Lutheran Church of study or provides subsistence support borrowers’ choice to work for a non- of Columbia, Inc. v. Comer, the Supreme to its members. profit engaged in religious activities Court held that laws and policies may Proposed Regulations: We propose to may violate the Free Exercise Clause.9 provide benefits in a way that is neutral delete § 685.200(a)(2)(ii). During negotiations, the Committee to religion, but policies that single out Reasons: In Trinity Lutheran Church reached consensus to revise the the religious for disfavored treatment of Columbia, Inc. v. Comer, the Supreme definition of ‘‘public service violate the Free Exercise Clause.10 The Court held that laws and policies may organization’’ to provide that borrowers Department determined that the current provide benefits in a way that is neutral who work for employers that engage in regulations may violate the Free to religion, but policies that single out religious instruction, worship services, Exercise Clause by categorically denying the religious for disfavored treatment or proselytizing qualify for the PSLF individuals from participating in violate the Free Exercise Clause.8 The Program so long as they can meet the generally available benefit programs Department determined that the current applicable standard for full-time based on their membership in a regulations may violate the Free employment when those religious religious order, community, society, Exercise Clause by categorically denying activities are excluded from their work agency, or organization. The Department individuals from participating in hours. believes that otherwise eligible students generally available benefit programs Reasons: Currently, borrowers or who are members of religious orders based on their membership in a other members of the public who read should not be required to disavow their religious order. The Department the Department’s regulations may not religious beliefs in order to participate believes that otherwise eligible students understand how they can qualify for the in title IV programs. Other non- who are members of religious orders PSLF Program, if they are employed by discriminatory methods exist for should not be required to disavow their an organization that engages in religious determining a student’s cost of religious beliefs in order to participate instruction, worship services, or any attendance when a third party is in title IV programs. Other non- form of proselytizing. The proposed providing housing, sustenance, or other discriminatory methods exist for modification to the definition of ‘‘public support to the student. It is not determining a student’s cost of service organization’’ constitutes a necessary to single out and exclude attendance when a third party is compromise that the Department from participation in title IV programs providing housing, sustenance, or other reached with the Committee. This individuals who are members of support to the student. It is not revision does not categorically deny religious orders and singling out such necessary to single out and exclude borrowers the opportunity to qualify for individuals for exclusion may violate from participation in title IV programs the PSLF Program if they choose to the Free Exercise Clause. Accordingly, individuals who are members of work for a non-profit organization that the Department proposes to delete this religious orders and singling out these is engaged in religious activities. The provision. individuals for exclusion may violate Department seeks comment on this the Free Exercise Clause. Accordingly, revision, including whether and how How does a State administer its the Department proposes to delete this borrowers may exclude religious community service-learning job provision. activities from their work hours if their program? (§ 692.30) religious activities may be intertwined Statute: Section 415C of the HEA PSLF Program (§ 685.219) with their secular work. The provides that grants for community Statute: HEA section 455 governs the Department also seeks comment on service-learning jobs must be made in PSLF Program. whether this revision may substantially accordance with the requirements of the Current Regulations: The definition of burden a person’s exercise of religion FWSP. Under those FWSP requirements ‘‘public service organization’’ in under the Religious Freedom in Section 443(b)(1)(C) of the HEA, work § 685.219(b) excludes a non-profit Restoration Act, 42 U.S.C. 2000bb, et performed may ‘‘not involve the organization engaged in religious seq. construction, operation, or maintenance activities unless the qualifying activities of so much of any facility as is used or Determination of Eligibility for Payment are unrelated to religious instruction, is to be used for sectarian instruction or (§ 690.75) worship services, or any form of as a place for religious worship.’’ proselytizing. The Department has not Statute: Section 401 of the HEA Current Regulations: Section historically interpreted this regulation governs Pell Grants. 692.30(c)(5) states that each community to categorically prohibit borrowers who Current Regulations: Section service-learning job must ‘‘not involve work for employers that engage in 690.75(d) states that a member of a the construction, operation, or religious instruction, worship services, religious order, community, society, maintenance of any part of a facility or proselytizing from qualifying for the agency, or organization who is pursuing used or to be used for religious worship PSLF Program and proposes to revise a course of study in an institution of or sectarian instruction.’’ this regulation. higher education is considered to have Proposed Regulations: We propose Proposed Regulations: The an expected family contribution amount replacing the regulatory text with the Department initially proposed to delete at least equal to the maximum statutory text. the provision in § 685.219(b) that authorized award amount for the award Reasons: On college campuses, defines a public service organization as year if that religious order has as a chapels and other religious structures a non-profit organization that is ‘‘not primary objective the promotion of may be part of larger multi-use facilities. 8 137 S. Ct. at 2021–25. 9 Trinity Lutheran, 137 S. Ct. at 2021–22. 10 137 S. Ct. at 2021–25. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67787 The current regulations are not clear as Reasons: The current regulatory fiscal agents for GEAR UP grants and to when a community service-learning provision duplicates broader singling out such institutions for job may include the construction, requirements in the Education exclusion may violate the Free Exercise operation, or maintenance of a larger Department General Administrative Clause. Accordingly, the Department multi-use facility that includes space Regulations (EDGAR) and proposes to delete this provision. that is used for religious worship or corresponding Office of Management sectarian instruction. The current and Budget Circulars that prohibit the TEACH Grant Program regulatory language also departs from comingling of any Federal and non- Scope and Purpose (§ 686.1) Federal funds, not just funds used to the statutory language. To provide Statute: HEA sections 420L through provide services to students attending clarity and to adhere to the statute, the 420P establish the terms and conditions private schools. Because the current Faith-Based Entities Subcommittee of the TEACH Grant Program. regulatory provision duplicates other agreed to conform the regulatory Current Regulations: Section 686.1 requirements, it is unnecessary. language to the statutory provision. states that the TEACH Grant Program Furthermore, because the current awards grants to students who intend to Who may provide GEAR UP services to provision is limited to funds used to teach, to help meet the cost of their students attending private schools? serve students in private schools, it may postsecondary education. In exchange (§ 694.6) mislead grantees to believe that Federal for receiving a grant, a student must Statute: Section 404 et seq. of the and non-Federal funds used for other agree to serve as a full-time teacher in HEA governs the GEAR UP program. purposes may be comingled. Grantees a high-need field in a low-income Current Regulations: Section 694.6(b) could also misinterpret the provision to school for at least four academic years states that, in providing GEAR UP believe that the requirements for the services to students attending private management of Federal and non-Federal within eight years of completing the schools, the employee, individual, funds is different for the GEAR UP program of study for which the grant association, agency, or organization program than for other discretionary was received. The current regulations must be independent of the private grant programs administered by the further provide that if the grant school that the students attend, and of Department. We believe that all recipient does not satisfy the service any religious organization affiliated regulatory provisions relating to the obligation, the amounts of the TEACH with the school, and that employment management of Federal and non-Federal Grants received are treated as a Direct or contract must be under the control funds should be in the EDGAR Unsubsidized Loan that must be repaid and supervision of the public agency. regulations that apply to all grant with interest. Proposed Regulations: We propose to programs administered by the Proposed Regulations: The change this provision to state that, when Department rather than including a Department proposes to revise and providing GEAR UP services to students expand § 686.1 by— narrow provision out of context in the • attending private schools, the employee, GEAR UP program regulations. Adding language stating that a individual, association, agency, or student can receive a TEACH Grant by organization must be employed or What are the requirements that a agreeing to serve as a full-time teacher contracted independently of the private Partnership must meet in designating a in a high-need field for an educational school that the students attend, and of fiscal agent for its project under this service agency serving low-income any other organization affiliated with program? (§ 694.10) students; • the school, and that employment or Statute: Section 404 et seq. of the Replacing the current language contract must be under the control and HEA governs the GEAR UP program. stating that a student must agree to supervision of the public agency. Current Regulations: Section 694.10 teach for at least four academic years Reasons: In Trinity Lutheran Church states that a Partnership must designate within eight years of completing the of Columbia, Inc. v. Comer, the Supreme a local educational agency (LEA) or an program of study for which he or she Court held that laws and policies may ‘‘institution of higher education that is received the grant with language stating provide benefits in a way that is neutral not pervasively sectarian’’ to serve as its that the student must agree to complete to religion, but policies that single out fiscal agent. the required years of teaching within the religious for disfavored treatment Proposed Regulations: We propose to eight years of ceasing enrollment at the violate the Free Exercise Clause.11 The delete the phrase ‘‘that is not institution where the student received current regulatory provision is written pervasively sectarian’’ so that any the TEACH grant or, in the case of a in a way that singles out and disfavors otherwise qualified institution of higher student who receives a TEACH Grant at religious organizations and, thus, may education can serve as the fiscal agent one institution and subsequently violate the Free Exercise Clause. The of a GEAR UP grant. transfers to another institution and Faith-Based Entities Subcommittee Reasons: In Trinity Lutheran Church enrolls in another TEACH Grant-eligible proposed, and the negotiating of Columbia, Inc. v. Comer, the Supreme program, within eight years of ceasing committee agreed to, language that Court held that laws and policies may enrollment at the other institution; • provides needed safeguards without provide benefits in a way that is neutral Adding language stating that the singling out religious organizations. to religion, but policies that single out eight-year period for completing the Statute: Section 404, et seq. of the the religious for disfavored treatment required four years of teaching does not HEA governs the GEAR UP program. violate the Free Exercise Clause.12 The include periods of suspension in Current Regulations: Section 694.6(c) Department determined that the current accordance with § 686.41; states that Federal funds used to provide regulations may categorically deny • Adding language to clarify that GEAR UP services to students attending entities from participating in a generally interest is charged from the date of each private schools may not be commingled available benefit program based on their TEACH Grant disbursement if the with non-Federal funds. religious status. It is not necessary to TEACH Grant recipient does not satisfy Proposed Regulations: We propose to single out institutions that are the service obligation requirements and delete this provision. pervasively sectarian from serving as his or her TEACH Grants are converted into a Direct Unsubsidized Loan that 11 137 S. Ct. at 2021–25. 12 137 S. Ct. at 2021–25. must be repaid with interest; and VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67788 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules • Adding language stating the instead of adding language stating that Educational Service Agency conditions under which a TEACH Grant a TEACH Grant that has been converted Statute: The HEOA amended section that has been converted to a Direct to a loan can be reconverted to a grant 465(a)(2)(A) of the HEA to include Unsubsidized Loan can be reconverted only if the Secretary determines that the educational service agencies in the to a grant. grant was improperly converted to a description of a low-income school and Reasons: We are proposing to add a loan, we propose to say that a loan can added a new section 481(f) stating that reference to educational service be reconverted to a grant only in ‘‘educational service agency’’ has the agencies in § 686.1 to reflect the change accordance with § 686.43. The reason meaning given the term in section 9101 made by the Higher Education for proposing this alternative language of the ESEA. Opportunity Act of 2008 (Pub. L. 110– is that under certain circumstances as Current Regulations: Current 315) (HEOA) that amended section described in proposed § 686.43, a regulations do not define ‘‘educational 465(a)(2)(A) of the HEA to include TEACH Grant that was converted to a service agency.’’ educational service agencies in the loan can be reconverted to a grant even Proposed Regulations: We propose to description of a low-income school for though the conversion to a loan was not add the term ‘‘educational service purposes of the title IV student financial improper. agency’’ in § 686.2(d) and to include in assistance programs, including the Definitions (§ 686.2) the regulations the definition of that TEACH Grant Program. term from section 9101 of the ESEA. An For consistency with proposed Free Application for Federal Student educational service agency is a regional changes discussed in more detail later Aid (FAFSA) public multiservice agency authorized in this preamble, we propose to amend Statute: HEA section 420N(b) requires by State statute to develop, manage, and § 686.1 to state that the eight-year period that teacher candidates must file an provide services or programs to LEAs. for completing the service obligation application to receive a TEACH Grant. Reasons: The Department proposes to begins when a student ceases Current Regulations: There is no add a definition of ‘‘educational service enrollment at the institution where he current definition of a TEACH Grant agency’’ to reflect the statutory change or she received a TEACH Grant, rather application. made by the HEOA to section than when the student completes the Proposed regulations: In § 686.2(b), 465(a)(2)(A) of the HEA to include program of study for which the student we propose to add a cross-reference to educational service agencies in the received the grant. Further, because the the term ‘‘Free application for Federal description of a low-income school, and current TEACH Grant regulations do not student aid (FAFSA)’’ in 34 CFR part added a new section 481(f) that provides address the starting date of the eight- 668. that ‘‘educational service agency’’ has year service obligation period for Reasons: This is a conforming change the meaning given the term in section students who receive a TEACH Grant at to reflect proposed changes in § 686.10 9101 of the ESEA. one institution and later transfer to a that replace references to an application different institution, we propose to for a TEACH Grant with references to High-Need Field clarify in § 686.1 that in such cases the the FAFSA. The FAFSA serves as the Statute: Section 420N(b)(1)(C) of the eight-year period would begin when the application for a TEACH Grant. HEA describes high-need fields as student ceases enrollment at the transfer Agreement To Serve or Repay mathematics, science, foreign languages, institution. This is consistent with other bilingual education, special education, proposed changes, discussed later in Statute: Section 420N(b) of the HEA reading specialist, or another field this preamble, that provide that a grant requires that an application for a documented as high-need by the Federal recipient will have a single service TEACH Grant contain or be Government, State government, or LEA, obligation associated with all TEACH accompanied by an agreement to serve. and approved by the Secretary. Grants received while the recipient is at Current Regulations: Section 686.2(d) Current Regulations: Section 686.2(d) the same academic level. defines ‘‘Agreement to serve (ATS)’’ as defines ‘‘high-need field’’ as including The TEACH Grant subcommittee an agreement under which a TEACH the following— recommended that we expand § 686.1 to Grant recipient commits to meet the (1) Bilingual education and English clarify that the eight-year period for service obligation described in § 686.12 language acquisition; completing the service obligation does and to comply with program (2) Foreign language; not include periods of suspension requirements. (3) Mathematics; granted under § 686.41, that interest is Proposed Regulations: We propose to (4) Reading specialist; charged on a converted TEACH Grant change the name of the agreement (5) Science; from the date of each TEACH Grant signed by a TEACH Grant recipient from (6) Special education; and disbursement, and that a TEACH Grant ‘‘Agreement to serve (ATS)’’ to (7) Another field documented as high- that has been converted to a Direct ‘‘Agreement to serve or repay’’ and to need by the Federal Government, a State Unsubsidized Loan can be reconverted clarify that the agreement requires the government or an LEA, and approved by to a grant only if the Secretary TEACH Grant recipient to commit to the Secretary and listed in the determines that the grant was meet the service obligation or repay the Department’s annual Teacher Shortage improperly converted to a loan. loan. Area Nationwide Listing (Nationwide Subcommittee members believed that it Reasons: We are proposing the List) in accordance with 34 CFR was particularly important for TEACH changes described above because the 682.210(q). Grant recipients to understand these current term ‘‘Agreement to serve Proposed Regulations: We propose to specific provisions of the TEACH Grant (ATS)’’ and the definition of that term clarify that ‘‘science’’ includes computer Program and urged the Department to do not clearly convey the consequences science. In addition, we propose to include them in § 686.1 for the benefit of failing to meet the service obligation remove the cross-reference to 34 CFR of grant recipients who may only read requirements. This change would clarify 682.210(q) from paragraph (7) of the the ‘‘scope and purpose’’ section of the that signing the agreement to serve or current definition and incorporate this regulations. repay commits the TEACH Grant reference into the proposed definition of We agreed with the recommendations recipient to either meet the service the term ‘‘Teacher Shortage Area to expand the content of § 686.1, but obligation or repay the loan. Nationwide Listing (Nationwide List).’’ VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67789 Reasons: While the Department has and to ensure that grant recipients students (low-income school)’’ as an traditionally considered ‘‘science’’ to understand those requirements, we elementary or secondary school that— include ‘‘computer science,’’ non- believe it is appropriate to add the (1) Is in the school district of an LEA Federal negotiators believed that definition of ‘‘highly qualified’’ in its that is eligible for assistance pursuant to institutions and students might not be entirety to the TEACH Grant title I of the ESEA; aware of this, and therefore felt it was regulations. (2) Has been determined by the important to clarify this policy in the The definition of ‘‘highly qualified’’ Secretary to be a school in which more regulations. The Department agreed. in the ESEA does not address private than 30 percent of the school’s total The cross-reference to 34 CFR school teachers. However, teaching in enrollment is made up of children who 682.210(q) in current paragraph (7) is no qualified non-profit private schools can qualify for services provided under title longer needed because it will be be qualifying service for a TEACH Grant I of the ESEA; and included in a proposed stand-alone recipient. To clarify the requirements (3) Is listed in the Department’s definition of ‘‘Teacher Shortage Area for private school teachers and to be Annual Directory of Designated Low- Nationwide Listing (Nationwide List),’’ consistent with the requirements that Income Schools for Teacher as discussed below. apply to teachers seeking loan Cancellation Benefits. The current definition of ‘‘low-income forgiveness in the Direct Loan and FFEL Highly Qualified school’’ further provides that the Programs, we propose to expand the Statute: Section 420N(b)(1)(E) of the Secretary considers all elementary and definition of ‘‘highly qualified’’ to HEA provides that, as a condition of secondary schools operated by the include the language from sections receiving a TEACH Grant, an applicant Bureau of Indian Education (BIE) in the 428J(g)(3) and 460(g)(3) of the HEA that must agree to comply with the Department of the Interior or operated describes how private school teachers requirements for being a highly on Indian reservations by Indian Tribal who are exempt from State certification qualified teacher as defined in section groups under contract or grant with the requirements can meet the highly 9101 of the ESEA. BIE to qualify as schools serving low- Sections 428J(g)(3) and 460(g)(3) of qualified teacher standards for teacher income students. the HEA describe how private school loan forgiveness purposes. Proposed Regulations: We propose to teachers who are exempt from State School or Educational Service Agency revise the current definition of ‘‘low- certification requirements may be Serving Low-Income Students (Low- income school’’ to include educational considered highly qualified teachers for Income School) service agencies in addition to purposes of meeting the eligibility elementary and secondary schools. We requirements for teacher loan Statute: Section 420N(b)(1)(B) of the also propose to remove paragraphs (1) forgiveness in the FFEL and Direct Loan HEA provides that an applicant for a and (2) of the current definition and to programs. TEACH Grant must agree to teach in a replace ‘‘Annual Directory of Designated Current Regulations: Section 686.2(d) ‘‘low-income school’’ as described in Low-Income Schools for Teacher states that ‘‘highly-qualified’’ has the section 465(a)(2)(A) of the HEA. Under Cancellation Benefits’’ with ‘‘Teacher meaning set forth in section 9101(23) of that section such a school is— Cancellation Low-Income (TCLI) the ESEA or in section 602(10) of the (1) A public or other nonprofit private Directory.’’ The revised definition Individuals with Disabilities Education elementary school or secondary school, would state that a low-income school is Act. which has been determined by the an elementary school, secondary school, Proposed Regulations: In § 686.2(d) Secretary (pursuant to regulations of the or educational service agency that is we propose to replace the current Secretary and after consultation with listed in the Department’s TCLI definition of ‘‘highly-qualified’’ with the the State educational agency of the State Directory. We propose to retain the full text of the statutory definition of in which the school is located) to be a current language related to schools ‘‘highly qualified’’ from section school in which the number of children operated by the BIE, with the addition 9101(23) of the ESEA. In addition, we meeting a measure of poverty under of a reference to educational service propose to add to paragraph (4) of the section 1113(a)(5) of the ESEA, exceeds agencies. definition provisions that describe how 30 percent of the total number of Reasons: We are proposing to add a public or other non-profit private, children enrolled in such school, and is references to educational service elementary or secondary school teacher in the school district of an LEA which agencies to the definition of ‘‘low- who is exempt from State certification is eligible in such year for assistance income school’’ to reflect the statutory requirements can meet the ‘‘highly pursuant to part A of title I of the ESEA; change made by the HEOA to section qualified’’ requirement. or 465(a)(2)(A) of the HEA that allows a Reasons: The Every Student Succeeds (2) A public, or nonprofit private, TEACH Grant recipient to satisfy his or Act (ESSA) removed the ‘‘highly elementary school or secondary school her service obligation by teaching in an qualified’’ definition from the law for or location operated by an educational educational service agency that serves ESEA purposes. However, section service agency that has been determined low-income students. To simplify the 9214(a) of the ESSA provides that, for by the Secretary (pursuant to regulations definition of ‘‘low-income school,’’ we purposes of the title IV, HEA Federal of the Secretary and after consultation propose to delete current paragraphs (1) student aid programs, including the with the State educational agency of the and (2), which explain the requirements TEACH Grant Program, the term ‘‘highly State in which the educational service that a school or educational service qualified’’ as it was defined in the ESEA agency operates) to be a school or agency must meet to be included in the as of the day before the enactment of the location at which the number of TCLI Directory. Since grant recipients ESEA continues to apply. Therefore, children taught who meet a measure of must teach at a low-income school that TEACH Grant recipients must still meet poverty under section 1113(a)(5) of the is listed in the TCLI Directory, we the highly qualified teacher standards to ESEA, exceeds 30 percent of the total believe it is sufficient to simply state satisfy their service obligation. To number of children taught at such that requirement, without including the clarify that the highly qualified teacher school or location. TCLI eligibility criteria. Finally, we requirements continue to apply for Current Regulations: Section 686.2(d) propose to replace ‘‘Annual Directory of purposes of the TEACH Grant Program defines ‘‘school serving low-income Designated Low-Income Schools for VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67790 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules Teacher Cancellation Benefits’’ with List)’’ is used in various sections of the specify that in addition to being ‘‘Teacher Cancellation Low-Income proposed regulations, but we have not required to provide any additional (TCLI) Directory’’ to reflect the current previously defined it. Therefore, we are information requested by the Secretary, name of the Directory. proposing to add a definition for this the applicant must also provide any term. additional information requested by the TEACH Grant-Eligible Program institution. Statute: The HEA does not define Application (§ 686.10) Reasons: We are proposing to replace ‘‘TEACH Grant-eligible program.’’ Statute: Section 420N of the HEA references to submitting an application Current Regulations: The current provides that the Secretary must as designated by the Secretary with a regulations define ‘‘TEACH Grant- periodically set dates by which a reference to submitting the FAFSA, and eligible program’’ as an eligible program teacher candidate who wishes to receive to remove other current provisions for Federal student financial aid a TEACH Grant for any year must file related to submitting the application, purposes, as defined in 34 CFR 668.8, an application that contains information because the FAFSA is the application that is a program of study designed to showing that the candidate meets the for the TEACH Grant Program. There is prepare an individual to teach as a eligibility requirements in section no separate application for the TEACH highly qualified teacher in a high-need 420N(a)(2). Grant Program. field and which leads to a baccalaureate Current regulations: Section We also propose to remove the or master’s degree, or is a post- 686.10(a)(1) provides that to receive a requirement for the TEACH Grant baccalaureate program of study. A two- TEACH Grant, a student must complete applicant to provide assurances because year program of study acceptable for full and submit an application designated by any required assurances are included in credit toward a baccalaureate degree is the Secretary. Section 686.10(a)(2) states the agreement to serve or repay. We considered to be a program of study that that a TEACH Grant applicant must further propose to add a provision leads to a baccalaureate degree. complete and sign an agreement to serve stating that a TEACH Grant applicant Proposed Regulations: We propose to and promise to repay, and § 686.10(a)(3) must provide any additional add language to the current definition requires a TEACH Grant applicant to information requested by the institution. stating that a TEACH Grant-eligible provide any additional information and TEACH Grant subcommittee members program is a program of study ‘‘at a assurances requested by the Secretary. recommended adding this provision TEACH Grant-eligible institution.’’ Section 686.10(b) requires the student because there are institutions that Reasons: For greater clarity, the to submit the application by sending the require potential TEACH Grant TEACH Grant subcommittee completed application to the Secretary, recipients to submit information recommended that we specify in the or by providing the application, signed showing that they meet the program definition that a program is TEACH by all appropriate family members, to eligibility requirements of the TEACH Grant-eligible only if it is offered at an the institution that the student attends Grant-eligible program that are specific institution that participates in the or plans to attend, so that the institution to that institution. TEACH Grant Program. This would can transmit the application information Eligibility To Receive a Grant (§ 686.11) make it clear that if an undergraduate to the Secretary electronically. TEACH Grant recipient transfers to a Section 686.10(c) requires the student Statute: Section 420N(a) of the HEA different institution prior to completing to provide the address of his or her provides student eligibility the program for which he or she residence. requirements for the TEACH Grant received a TEACH Grant and enrolls in Finally, § 686.10(d) provides that for Program. a baccalaureate program at the new each award year, the Secretary, through Current Regulations: Section institution that could qualify as TEACH publication in the Federal Register, 686.11(a) sets forth the TEACH Grant Grant-eligible, the recipient would be establishes deadline dates for student eligibility requirements eligible to have the starting date of the submitting the application and common to all students who are eight-year service obligation period additional information, and for making enrolled in undergraduate, post- adjusted, as discussed later in this corrections to the information provided. baccalaureate, and graduate programs. preamble, only if the new institution Proposed Regulations: We propose to All students must meet the student participates in the TEACH Grant redesignate § 686.10(a)(1) as § 686.10(a) eligibility requirements for Federal Program. and revise the redesignated paragraph to student financial aid in 34 CFR part 668, state that to receive a TEACH Grant, a subpart C; have submitted a completed Teacher Shortage Area Nationwide student must complete and submit the application along with a signed service Listing (Nationwide List) FAFSA in accordance with the agreement; and be enrolled in a TEACH Statute: The HEA does not define instructions in the FAFSA. Grant-eligible institution in a TEACH ‘‘Teacher Shortage Area Nationwide We further propose to redesignate Grant-eligible program. All students Listing (Nationwide List).’’ § 686.10(a)(2) and (3) as § 686.10(b) and must also complete coursework and Current Regulations: Current (c), respectively, amend the other requirements necessary to begin a regulations do not define ‘‘Teacher redesignated paragraphs, and remove career in teaching or plan to do so Shortage Area Nationwide Listing § 686.10(b), (c), and (d). before graduating and meet specific (Nationwide List).’’ In redesignated § 686.10(b), we academic requirements. Proposed Regulations: The propose to replace ‘‘agreement to serve Section 686.11(b) sets forth the Department proposes to add to and promise to pay’’ with ‘‘agreement to TEACH Grant student eligibility § 686.2(d) the term ‘‘Teacher Shortage serve or repay,’’ and to specify that the requirements for current or former Area Nationwide Listing (Nationwide TEACH Grant applicant must complete teachers and retirees. A current or List),’’ which we would define as a list and sign the agreement to serve or repay former teacher or retiree must meet the of teacher shortage areas in each State in accordance with § 686.12. student eligibility requirements for as defined under 34 CFR In redesignated § 686.10(c), we Federal student financial aid in 34 CFR 682.210(q)(8)(vii). propose to remove the requirement for part 668, subpart C, have submitted a Reasons: The term ‘‘Teacher Shortage the applicant to provide any assurances completed application along with a Area Nationwide Listing (Nationwide requested by the Secretary, and to signed service agreement, and have VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67791 applied for a TEACH Grant to obtain a (3) Teach in any of the fields of completing the program or otherwise master’s degree. The applicant must be mathematics, science, foreign language, ceasing enrollment in the program for a teacher or retiree or be a current or bilingual education, special education, which the recipient received the TEACH former teacher pursuing certification reading specialist, or another field Grant— through a high-quality alternative documented as high-need by the Federal (1) In a low-income school; certification route. Applicants must be Government, State government, or LEA, (2) As a highly qualified teacher; and enrolled in a TEACH Grant eligible- and approved by the Secretary; (3) In a high-need field in the majority program at a TEACH Grant-eligible (4) Submit evidence of qualifying of classes taught during each elementary institution during the time period employment in the form of a and secondary year. required for completion of a master’s certification by the chief administrative Under § 686.12(b)(2), the agreement to degree. Section 686.11(c) provides the officer of the school upon completion of serve requires the grant recipient to eligibility requirements to receive a each year of service; and submit, upon completion of each year of grant for transfer students. (5) Comply with the requirements for service, documentation of the service in the form of a certification by a chief Proposed Regulations: We are being a highly qualified teacher as administrative officer of the school. proposing to revise § 686.11(a)(1)(i) to defined in section 9101 of the ESEA. Under § 686.12(b)(3), the agreement to specify that, instead of submitting a Section 420N(b)(2) of the HEA serve requires the grant recipient to completed application, a student must provides that if the applicant is comply with the terms, conditions, and meet the application requirements in determined to have failed or refused to other requirements consistent with proposed § 686.10, and to delete carry out the service obligation, the sum of the amounts of any TEACH Grants §§ 686.40—686.43 that the Secretary § 686.11(a)(1)(ii). We would also received by the applicant will be treated determines to be necessary. redesignate § 686.11(a)(1)(iii) through as a loan and collected from the Section 686.12(c) addresses the (v) as § 686.11(a)(1)(ii) through (iv), applicant in accordance with section completion of more than one service respectively. 420N(c) of the HEA. obligation. Section 686.12(c)(1) states We propose to revise the introductory Section 420N(b)(3) of the HEA states that a grant recipient must complete a text in § 686.11(b) to refer to the that the agreement to serve must contain service obligation for each program of application requirements in proposed or be accompanied by a plain-language study for which he or she received § 686.10, consistent with the proposed disclosure form developed by the TEACH Grants; specifies that each change to § 686.11(a)(1)(i). We also Secretary that clearly describes the service obligation begins following the propose to remove § 686.11(b)(1) and nature of the TEACH Grant award, the completion or other cessation of redesignate § 686.11(b)(2) and (3) as service obligation, and the loan enrollment by the student in the TEACH § 686.11(b)(1) and (2), respectively. repayment requirements that are the Grant-eligible program for which the Reasons: We are proposing these consequences of failure to complete the student received TEACH Grant funds; changes to be consistent with the service obligation. and clarifies that creditable teaching proposed cross-reference to § 686.10, Section 420N(d)(1) of the HEA service, a suspension approved under which specifies that a student must provides that if a recipient of an initial § 686.41(a)(2), or a military discharge complete the FAFSA, sign an agreement TEACH Grant has acquired an academic granted under § 686.42(c)(2) may apply to serve or repay, and provide any degree or expertise in a field that was, to more than one service obligation. additional information requested by the at the time of the recipient’s application Section 686.12(c)(2) provides that a Secretary. Because the requirements for that grant, designated as high-need grant recipient may request a under proposed § 686.10 incorporate the by the Federal Government, State suspension, in accordance with agreement to serve or repay, there is no government, or LEA, and approved by § 686.41, of the eight-year time period need to repeat this language in proposed the Secretary, but it is no longer described in § 686.12(b)(1). § 686.11 (a) or (b). The consensus designated as high-need, the grant Section 686.12(d) describes the language contained an edit to recipient may fulfill the TEACH Grant requirements for majoring and serving § 686.11(b)(1) that would change the service obligation by teaching in that in a high-need field. The current term ‘‘agreement to serve’’ to field. regulations state that a grant recipient ‘‘agreement to serve or repay.’’ We have Current Regulations: Section who completes a TEACH Grant-eligible determined that § 686.11(b)(1) should 686.12(a) provides that a student who program in a field that is listed in the instead be removed because, like meets the eligibility requirements in Nationwide List cannot satisfy his or her § 686.11(a)(1)(ii), it is redundant as a § 686.11 may receive a TEACH Grant service obligation to teach in that high- result of the proposed change to refer to only after he or she signs an agreement need field unless the high-need field in the application requirements in § 686.10 to serve and receives counseling in which he or she has prepared to teach in the introductory text of § 686.11(b). accordance with § 686.32. is listed in the Nationwide List for the Agreement To Serve (§ 686.12) Section 686.12(b) describes the State in which the grant recipient begins contents of the agreement to serve. teaching at the time the recipient begins Statute: Section 420N(b)(1) of the Section 686.12(b) introductory text teaching in that field. HEA provides that each TEACH Grant provides that for each TEACH Grant- Section 686.12(e) describes the application must contain or be eligible program for which a student requirement that the recipient repay the accompanied by an agreement by the received TEACH Grant funds, the grant amount of TEACH Grants received plus applicant that he or she will— recipient must fulfill a service interest if the recipient fails to complete (1) Serve as a full-time teacher for a obligation by performing creditable the service obligation. Under total of not less than four academic teaching service. § 686.12(e), if a grant recipient fails or years within eight years after Section 686.12(b)(1) states that a grant refuses to carry out the required service completing the course of study for recipient must perform the creditable obligation described in § 686.12(b), the which the applicant received a TEACH teaching service by serving as a full-time TEACH Grants received by the recipient Grant; teacher for a total of not less than four must be repaid and will be treated as a (2) Teach in a school described in elementary or secondary academic years Federal Direct Unsubsidized Loan, with section 465(a)(2)(A) of the HEA; within eight calendar years after interest accruing from the date of each VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67792 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules TEACH Grant disbursement, in In addition, we propose to revise Unsubsidized Loans in accordance with accordance with applicable sections of paragraph (c)(1) and add new proposed § 686.43(a)(1)(ii). 34 CFR part 685, subpart B. paragraphs (c)(2) and (3). Current Proposed new § 686.12(c)(3) would Proposed Regulations: The proposed paragraph (c)(2) would be redesignated address the treatment of grant recipients regulations would change the title of as paragraph (c)(4). covered under proposed § 686.12(c)(2)(i) § 686.12 to ‘‘Agreement to serve or Proposed revised § 686.12(c)(1) would or (ii) who complete one or more years repay,’’ and would make conforming provide that a TEACH Grant recipient of creditable teaching service during the changes where needed throughout the must complete one service obligation for period between their withdrawal and section. all TEACH Grants received for subsequent re-enrollment. Specifically, The proposed regulations would undergraduate study, and one service the proposed regulations would provide redesignate the introductory text of obligation for all TEACH Grants that if a grant recipient completed one § 686.12(b) as § 686.12(b)(1), redesignate received for graduate study, and would or more complete academic years of § 686.12(b)(1) as (b)(1)(i), and further specify that the eight-year period creditable teaching service during the redesignate § 686.12(b)(1)(i), (ii), and for completing the service obligation period between withdrawal and re- (iii) as § 686.12(b)(1)(ii), (iii), and (iv), begins when the grant recipient ceases enrollment, those years of teaching respectively. to be enrolled at the institution where would count toward satisfaction of the We propose to amend redesignated he or she received a TEACH Grant or, grant recipient’s service obligation, and § 686.12(b)(1)(i) by changing ‘‘eight in the case of a student who receives a the Secretary would not adjust the calendar years’’ to ‘‘eight years,’’ and by TEACH Grant at one institution and starting date of the eight-year period for further revising the current language to later transfers to another institution and completing the service obligation, provide that a grant recipient must enrolls in another TEACH Grant-eligible unless the recipient requests an complete the four-year service program, when the recipient ceases adjustment. Proposed new § 686.12(c)(3) obligation within eight years after the enrollment at the other institution. would further provide that if a grant date the recipient ceased to be enrolled Proposed revised § 686.12(c)(1) would recipient continues to perform at the institution where he or she creditable teaching service after re- received a TEACH Grant or, in the case continue to specify that creditable teaching service, an approved enrolling in a TEACH Grant-eligible of a student who receives a TEACH program, qualifying teaching service Grant at one institution and later suspension, or a military discharge may apply to more than one service performed while the recipient is transfers to another institution and concurrently enrolled in the TEACH obligation. enrolls in another TEACH Grant-eligible Grant-eligible program may be applied program, within eight years of ceasing Proposed new § 686.12(c)(2) would toward satisfaction of the grant enrollment at the other institution. In address the service obligation recipient’s service obligation only if the redesignated §§ 686.32(b)(1)(ii) and (iii), requirements for TEACH Grant grant recipient does not request and we propose to add cross-references to recipients who withdraw from an receive a temporary suspension of the the definitions of ‘‘low-income school’’ institution before completing the service obligation period under and ‘‘highly qualified’’ teacher in program of study for which they § 686.41(a)(1)(i). § 686.2(d). received TEACH Grants, but later re- We propose to change the heading of We propose to add new paragraphs enroll at the same institution or at a § 686.12(d) from ‘‘Majoring and serving § 686.12(b)(3) and (4), and redesignate different institution in the same or a in a high-need field’’ to ‘‘Teaching in a current paragraph § 686.12(b)(3) as different TEACH Grant-eligible program high-need field listed in the Nationwide paragraph § 686.12(b)(5). at the same academic level. Specifically, List’’. We propose to revise retitled Under proposed new § 686.12(b)(3), proposed new § 686.12(c)(2)(i) would § 686.12(d) to provide that for teaching the agreement to serve or repay would provide that if a grant recipient service prior to July 1, 2010, teaching in explain that the eight-year period for withdraws from an institution before a high-need field listed in the completing the service obligation does completing a baccalaureate or post- Nationwide List counts toward not include periods of suspension in baccalaureate program, but later re- satisfaction of the service obligation as accordance with § 686.41. enrolls at the same or a different long as the high-need field in which the Under proposed new institution in either the same program or recipient prepared to teach is listed in §§ 686.12(b)(4)(i) through (iii), the in a different baccalaureate or post- the Nationwide List for the State in agreement to serve or repay would: (1) baccalaureate program and receives which the recipient teaches at the time Explain the conditions under which a additional TEACH Grants, or the the recipient begins teaching in that TEACH Grant may be converted to a Secretary otherwise confirms that the field, even if that field subsequently Direct Unsubsidized Loan, as described recipient has re-enrolled in a TEACH loses its high-need designation. For in § 686.43; (2) explain that if a TEACH Grant-eligible program, the Secretary teaching service performed on or after Grant is converted to a loan, the grant would adjust the starting date of the July 1, 2010, the field must be listed in recipient must repay the loan in full, eight-year service obligation period to the Nationwide List at the time the grant with interest charged from the date of begin when the recipient ceases recipient begins teaching in that field, each TEACH Grant disbursement; and enrollment at the institution where he even if the field later loses its high-need (3) explain that to avoid further accrual or she has re-enrolled, except as designation, or must have been listed at of interest, a grant recipient who for any provided in proposed new the time the grant recipient signed the reason no longer intends to satisfy the § 686.12(c)(3). Proposed new agreement to serve or repay or received service obligation may request that the § 686.12(c)(2)(ii) would provide for the the TEACH Grant, even if that field is Secretary convert his or her TEACH same treatment of a grant recipient who no longer designated as high-need when Grant to a loan that the grant recipient withdraws from and later re-enrolls in a the recipient begins teaching in that can begin repaying immediately. TEACH Grant-eligible master’s degree field. We propose to change the heading for program. Proposed § 686.12(c)(2)(i) and Reasons: We propose to change the § 686.12(c) from ‘‘Completion of more (ii) would apply only if the grant title of § 686.12 from ‘‘agreement to than one service obligation’’ to recipient re-enrolls before we convert serve’’ to ‘‘agreement to serve or repay’’ ‘‘Completion of the service obligation.’’ the recipient’s TEACH Grants to Direct to better emphasize that, as a condition VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67793 for receiving a TEACH Grant, a student recipient must complete a service service obligation begins on the must agree to either complete the obligation for each program of study for student’s withdrawal date. In September service obligation or repay the grant as which he or she received TEACH 2020, the grant recipient re-enrolls in a loan. For greater clarity, we also Grants, but it does not address the Program A and receives another TEACH propose to restructure current service obligation requirements for grant Grant. The grant recipient completes § 686.12(b)(1) and add cross references recipients who start out in one TEACH Program A and graduates in June 2021. to definitions in § 686.2(d). Grant-eligible program, but then change We adjust the starting date of the eight- To reflect our current practice, we to a different TEACH Grant-eligible year period for completing the service propose to specify in § 686.12(b)(1)(i) program at the same academic level and obligation to begin in June 2021. that the eight-year period for completing at the same institution, or for grant Proposed § 686.12(c)(2)(ii) would the service obligation begins on the date recipients who receive a TEACH Grant provide for the same treatment as the grant recipient ceases enrollment at at one institution and later transfer to described in the above example in the the institution or at the transfer another institution. We believe that the case of a grant recipient who withdraws institution where he or she received a simplest approach, and the approach prior to completing a TEACH Grant- TEACH Grant, rather than on the date that is most beneficial to grant eligible master’s degree program and the recipient completes or otherwise recipients, is to require a grant recipient later re-enrolls in the same program or ceases to be enrolled in the program of to complete one service obligation for in a different TEACH Grant-eligible study for which the recipient received a all TEACH Grants received for master’s degree program. TEACH Grant. Existing practice is to undergraduate study at the same Proposed § 686.12(c)(3)(i) and (ii) start the eight-year service obligation on institution or at more than one would specify that if a grant recipient the date we receive enrollment institution, and to complete one service completes one or more academic years information indicating that a grant obligation for all TEACH Grants of qualifying teaching service during the recipient has ceased enrollment at the received for graduate study at the same period between withdrawal and re- institution, because we generally do not institution or at more than one enrollment, the completed teaching collect the dates on which students institution. This means, for example, counts toward satisfaction of the cease enrollment in specific educational that a grant recipient who receives recipient’s service obligation and the programs. TEACH Grants for undergraduate starting date of the period for Proposed revised § 686.12(b)(1)(i) TEACH Grant-eligible Program A, but completing the service obligation is not would also specify that the grant before completing that program changes adjusted, unless the recipient requests recipient must complete the service to undergraduate TEACH Grant-eligible an adjustment. The reason for not obligation within ‘‘eight years’’ rather Program B at either the same institution adjusting the service obligation period than within ‘‘eight calendar years’’ as in or at a different institution, would have starting date in this circumstance is that current § 686.12(b)(1). During the just one four-year service obligation if the starting date were adjusted to TEACH Grant subcommittee meetings, a associated with all TEACH Grants begin when the recipient ceases subcommittee member asked the received for undergraduate study. This enrollment at the institution where he Department if a grant recipient would be approach is consistent with section or she has re-enrolled, the period of considered to have completed the 420N(b)(1)(A) of the HEA, which completed teaching service for which service obligation within the eight-year requires a TEACH Grant recipient to the grant recipient is receiving credit service obligation period if the complete a four-year service obligation would have been performed prior to the recipient’s fourth academic year of after completing the course of study for start of the service obligation period. qualifying teaching began less than eight which the individual received TEACH Therefore, in this situation the starting calendar years from the starting date of Grants. date of the service obligation period will the eight-year period, but did not end Because current § 686.12(c)(1) also be the date the recipient withdrew prior until more than eight calendar years had does not address the service obligation to completing the program for which he elapsed. The Department confirmed requirements for grant recipients who or she received TEACH Grants. that, in this situation, the recipient withdraw from an institution before However, upon re-enrollment the grant would be considered to have satisfied completing the program for which they recipient could request a temporary the service obligation within the eight- received TEACH Grants, but later re- suspension of the period for completing year period. To make this clear in the enroll in the same or a different TEACH the service obligation in accordance regulations, the subcommittee member Grant-eligible program, we are with proposed § 686.41(a)(1)(i). The recommended that the Department proposing to add new paragraphs (c)(2) non-Federal negotiators supported the replace ‘‘eight calendar years’’ with and (3) to describe the requirements that provisions described in proposed new ‘‘eight years.’’ We agreed to propose this would apply in this circumstance. The § 686.12(c)(2) and (3), but felt that a change. regulations in proposed new (c)(2) and grant recipient who completed one or We are proposing to add new (3) are consistent with the concept of more years of qualifying teaching paragraphs § 686.12(b)(3) and (4) to having one service obligation for all service during the period between specify that the agreement to serve or TEACH Grants received for withdrawal and re-enrollment should repay will include certain information, undergraduate study, and one service have the option of forfeiting credit for as described earlier under ‘‘Proposed obligation for all TEACH Grants the completed teaching and instead Regulations,’’ that subcommittee received for graduate study, as have the starting date of the period for members believed was particularly described in proposed § 686.12(c)(1). completing the service obligation important to ensure that students are The following example illustrates adjusted to begin when the recipient better informed of the terms and how proposed § 686.12(c)(2)(i) would ceases enrollment at the institution conditions of the service obligation apply: where he or she re-enrolled. This would before they submit the agreement. A TEACH Grant recipient withdraws provide the recipient with eight years to We propose to revise § 686.12(c) to from an institution in December 2019 complete another four years of teaching. cover certain circumstances that the before completing TEACH Grant-eligible Some subcommittee members believed current regulations do not address. baccalaureate Program A. The eight-year that for certain grant recipients it might Current § 686.12(c)(1) states that a grant period for completing the TEACH Grant be more beneficial to have a full eight VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67794 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules years to complete four years of teaching recipient graduates after completing in § 686.21(a)(2)(i) and (ii), and to than to receive credit for the teaching Program A. In that case, the recipient replace ‘‘a master’s degree’’ with that was completed during the period would receive no credit for the year of ‘‘graduate study’’ in § 686.21(a)(2)(ii). between withdrawal and re-enrollment teaching completed during the 2020– Reasons: We are proposing the and then have fewer than eight years to 2021 school year and would have eight changes described above to make the complete the remaining portion of the years to complete four years of teaching, regulatory language more consistent service obligation. The Department starting in June 2022. with the statutory language. agreed to include this option in the Under proposed § 686.12(c)(3)(iii), if Counseling Requirements (§ 686.32) proposed regulations. the grant recipient in the above example Under proposed § 686.12(c)(3)(iii), if a continued to perform qualifying Statute: The HEA does not include grant recipient continues to perform teaching service after re-enrolling in any counseling requirements for TEACH qualifying teaching service after re- Program A in September 2021 and Grant recipients. enrolling in a TEACH Grant-eligible completed an additional year of Current Regulations: Section 686.32 program, the recipient may receive teaching during the 2021–2022 school requires initial, subsequent, and exit credit for that teaching service toward year, the recipient could receive credit counseling for TEACH Grant recipients. satisfaction of the service obligation for the second year of teaching only if Initial Counseling only if the recipient does not request he or she did not request and receive a and receive a temporary suspension of temporary suspension of the eight-year Section 686.32(a)(1) requires an the period for completing the service service obligation period after re- institution to conduct initial counseling obligation under proposed enrolling in Program A. In that case, with each TEACH Grant recipient before § 686.41(a)(1)(i) based on re-enrollment after graduating in June 2022 the making the first disbursement of the in a TEACH Grant-eligible program. The recipient would have six years left to grant. Section 686.32(a)(2) states that the reason for this limitation is that teaching complete the remaining two years of the initial counseling must be in person, by service may be applied toward four-year service obligation. audiovisual presentation, or by satisfaction of a grant recipient’s service Finally, a non-Federal negotiator interactive electronic means, and that in obligation only if the teaching is noted that the proposed changes in each case the institution must ensure performed during the service obligation § 686.12(c) are not exclusively related to that an individual with expertise in the period. Since we exclude periods of the completion of more than one service title IV, HEA programs is reasonably suspension from the service obligation obligation. Accordingly, the Department available shortly after the counseling to period, any teaching performed during a agreed to change the heading of answer the student’s questions. As an period when we suspend the service § 686.12(c) from ‘‘Completion of more alternative method of counseling for obligation period cannot be counted than one service obligation’’ to students enrolled in a correspondence toward satisfaction of the service ‘‘Completion of the service obligation.’’ program or a study-abroad program, the obligation. We propose to revise § 686.12(d) to current regulations allow for the student The following example illustrates reflect changes to section 420N(d)(1) of to be provided with written counseling how proposed § 686.12(c)(3) would the HEA made by the HEOA. The materials before the grant is disbursed. apply: changes made by the HEOA, as Under § 686.32(a)(3)(i) through (xi), A TEACH Grant recipient withdraws described earlier under ‘‘Proposed initial counseling must— from an institution before completing regulations,’’ are effective for teaching • Explain the terms and conditions of TEACH Grant-eligible master’s degree performed on or after July 1, 2010. We the agreement to serve as described in Program A in June 2020. The recipient’s are also proposing to change the § 686.12 (§ 686.32(a)(3)(i)); eight-year period for completing the heading of § 686.12(d) from ‘‘Majoring • Provide the grant recipient with service obligation begins in June 2020. and serving in a high-need field’’ to information about how to identify low- In September 2020, the recipient begins ‘‘Teaching in a high-need field listed in income schools and high-need fields teaching in a high-need field in a low- the Nationwide List’’ to describe the (§ 686.32(a)(3)(ii)); income school and completes a full year content of this section more accurately. • Inform the grant recipient that, in of qualifying teaching during the 2020– order for teaching to count toward the 2021 school year. In September 2021, Calculation of a Grant (§ 686.21) service obligation, the high-need field in the grant recipient stops teaching, re- Statute: Section 420M(d)(1)(B) of the which he or she has prepared to teach enrolls in Program A, and completes the HEA provides that the total TEACH must be one of the six high-need fields program, graduating in June 2022. The Grant amount that a teacher candidate listed in § 686.2, or a high-need field recipient requests and receives a may receive for undergraduate or listed in the Nationwide List at the time temporary suspension of the eight-year postgraduate study may not exceed and for the State in which the grant service obligation period while $16,000. Section 420M(d)(2) of the HEA recipient begins teaching in that field completing Program A. Unless the provides that the total TEACH Grant (§ 686.32(a)(3)(iii)); recipient requests otherwise, the starting amount that a teacher candidate may • Inform the grant recipient of the date of the eight-year period for receive for graduate study may not opportunity to request a suspension of completing the service obligation exceed $8,000. the eight-year period for completing the continues to be June 2020. The recipient Current Regulations: Section agreement to serve and the conditions would receive credit for the one year of 686.21(a)(2)(i) states that the aggregate under which a suspension may be teaching completed during the 2020– amount a student may receive in granted in accordance with § 686.41 2021 school year, and now has seven TEACH Grants for undergraduate study (§ 686.32(a)(3)(iv)); years left to complete the remaining may not exceed $16,000, and • Explain to the grant recipient that three years of the four-year service § 686.21(a)(2)(ii) states that the aggregate conditions, such as conviction for a obligation. However, the recipient amount a student may receive in felony, could preclude the recipient would have the option of asking the TEACH Grants for a master’s degree may from completing the service obligation Secretary to adjust the starting date of not exceed $8,000. (§ 686.32(a)(3)(v)); the eight-year service obligation period Proposed Regulations: We propose to • Emphasize that if the grant to begin in June 2022, when the change the word ‘‘aggregate’’ to ‘‘total’’ recipient fails or refuses to complete the VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67795 service obligation contained in the • Review for the grant recipient teacher in a high-need field at a low- agreement to serve or any other information on the availability of the income school, or of his or her intent to condition of the agreement to serve, the Department’s Student Loan complete the service obligation, until TEACH Grant must be repaid as a Ombudsman’s office (§ 686.32(b)(3)(v)). the date the service obligation has been met or the date that the grant is Federal Direct Unsubsidized Loan, and Exit Counseling the recipient will be obligated to repay converted to a loan, whichever occurs the full amount of each TEACH Grant Section 686.32(c)(1) requires an first (§ 686.32(c)(4)(v)); and accrued interest from each institution to ensure that each grant • Explain the circumstances, as disbursement date (§ 686.32(a)(3)(vi)); recipient receives exit counseling before described in § 686.43, under which a • Explain the circumstances, as he or she ceases to attend the institution TEACH Grant will convert to a Federal described in § 686.43, under which a at a time determined by the institution. Direct Unsubsidized Loan TEACH Grant will convert to a Federal Section 686.32(c)(2) provides that (§ 686.32(c)(4)(vi)); Direct Unsubsidized Loan subsequent counseling may be • Emphasize that once a TEACH (§ 686.32(a)(3)(vii)); conducted by the same means as Grant converts to a loan it cannot be • Emphasize that once a TEACH allowed for initial counseling in reconverted to a grant Grant converts to a Federal Direct § 686.32(a)(2), except that in the case of (§ 686.32(c)(4)(vii)); • Unsubsidized Loan, it cannot reconvert a grant recipient enrolled in a Inform the grant recipient of the to a grant (§ 686.32(a)(3)(viii)); correspondence program or in a study- average anticipated monthly repayment • Review for the grant recipient abroad program, § 686.32(c)(2) states amount based on a range of student loan information on the availability of the that the grant recipient may be provided indebtedness if the TEACH Grants Department’s Student Loan with written counseling materials convert to a Federal Direct within 30 days after he or she completes Unsubsidized Loan (§ 686.32(c)(4)(viii)); Ombudsman’s office (§ 686.32(a)(3)(ix)); • • Describe the likely consequences of the TEACH Grant-eligible program. Review for the grant recipient loan default, including adverse credit Section 686.32(c)(3) provides that available repayment options if the reports, garnishment of wages, Federal within 30 days of learning that a grant TEACH Grant converts to a Federal offset, and litigation (§ 686.32(a)(3)(x)); recipient has withdrawn from the Direct Unsubsidized Loan, including the and institution without the institution’s standard repayment, extended knowledge, or from a TEACH Grant- • Inform the grant recipient of sample repayment, graduated repayment, eligible program, or failed to complete monthly payment amounts based on a income-contingent and income-based exit counseling as required, exit range of student loan indebtedness repayment plans, and loan counseling must be provided either in- (§ 686.32(a)(3)(xi)). consolidation (§ 686.32(c)(4)(ix)); person, through interactive electronic • Suggest debt-management strategies Subsequent Counseling means, or by mailing written counseling to the grant recipient that would In accordance with § 686.32(b)(1), if a materials to the grant recipient’s last facilitate repayment if the TEACH Grant student receives more than one TEACH known address. converts to a loan (§ 686.32(c)(4)(x)); Under § 686.32(c)(4)(i) through (xv), • Explain to the grant recipient how Grant, the institution must ensure that exit counseling must— to contact the Secretary the student receives additional • Inform the grant recipient of the (§ 686.32(c)(4)(xi)); counseling before the disbursement of four-year service obligation that must be • Describe the likely consequences of each subsequent TEACH Grant. Section completed within the first eight loan default, including adverse credit 686.32(b)(2) provides that subsequent calendar years after completing a reports, garnishment of wages, Federal counseling may be conducted by the TEACH Grant-eligible program in offset, and litigation (§ 686.32(c)(4)(xii)); same means as allowed for initial accordance with § 686.12 • Review the conditions under which counseling in § 686.32(a)(2). (§ 686.32(c)(4)(i)); the grant recipient may defer or forbear Under § 686.32(b)(3)(i) through (v), • Inform the grant recipient of the repayment, obtain a full or partial subsequent counseling must— opportunity to request a suspension of discharge, or receive teacher loan • Review the terms and conditions of the eight-year period for completing the forgiveness if the TEACH Grant converts the agreement to serve as described in service obligation and the conditions to a loan (§ 686.32(c)(4)(xiii)); § 686.12 (§ 686.32(b)(3)(i)); under which a suspension may be • Review for the grant recipient • Emphasize that if the grant granted in accordance with § 686.41 information on the availability of the recipient fails or refuses to complete the (§ 686.32(c)(4)(ii)); Department’s Student Loan service obligation contained in the • Provide the grant recipient with Ombudsman’s office agreement to serve or any other information about how to identify low- (§ 686.32(c)(4)(xiv)); and condition of the agreement to serve, the income schools and high-need fields • Inform the grant recipient of the TEACH Grant must be repaid as a (§ 686.32(c)(4)(iii)); availability of title IV loan information Federal Direct Unsubsidized Loan, and • Inform the grant recipient that, in in the National Student Loan Data the recipient will be obligated to repay order for teaching to count toward the System (NSLDS) (§ 686.32(c)(4)(xv)). the full amount of each TEACH Grant service obligation, the high-need field in Section 686.32(d) requires the and accrued interest from each which he or she has prepared to teach institution to maintain documentation disbursement date (§ 686.32(b)(3)(ii)); must be one of the six high-need fields substantiating the institution’s • Explain the circumstances, as listed in § 686.2, or a high-need field compliance with the TEACH Grant described in § 686.43, under which a listed in the Nationwide List at the time initial, subsequent, and exit counseling TEACH Grant will convert to a Federal and for the State in which the grant requirements for each TEACH Grant Direct Unsubsidized Loan recipient begins teaching in that field recipient. (§ 686.32(b)(3)(iii)); (§ 686.32(c)(4)(iv)); Proposed Regulations: We propose to • Emphasize that once a TEACH • Explain that the grant recipient will amend the initial, subsequent, and exit Grant converts to a Federal Direct be required to submit to the Secretary counseling requirements, and to add a Unsubsidized Loan, it cannot reconvert each year written documentation of his new conversion counseling requirement to a grant (§ 686.32(b)(3)(iv)); and or her status as a highly qualified in § 686.32(e). The Secretary would VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67796 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules provide conversion counseling to a immediately, instead of waiting for the in new § 686.32(a)(3)(viii) and (b)(3)(iv) TEACH Grant recipient at the time we TEACH Grant to be converted to a loan for initial and subsequent counseling, convert a TEACH Grant to a Direct under the conditions described in respectively, as described earlier. Unsubsidized Loan. proposed § 686.43(a)(1)(ii). The proposed regulations would Proposed new § 686.32(a)(3)(viii)(B) redesignate current § 686.32(c)(4)(vii) as Initial and Subsequent Counseling and (b)(3)(iv)(B) would provide that the (c)(4)(x) and revise the redesignated We propose to amend the current counseling must explain that if a grant paragraph by making the same changes initial counseling requirement in recipient requests that a TEACH Grant as described earlier for proposed § 686.32(a)(3)(iii) to require that the be converted to a Direct Unsubsidized redesignated § 686.32(a)(3)(ix) and counseling explain to the recipient that Loan in accordance with proposed (b)(3)(v) in the initial and subsequent for teaching to count toward a grant § 686.43(a)(1)(i), the conversion of the counseling regulations, respectively. recipient’s service obligation, the high- grant to a loan cannot be reversed. Finally, we propose to remove current need field in which the grant recipient §§ 686.32(c)(4)(viii), (ix), and (x), retain Exit Counseling has prepared to teach must be one of the current § 686.32(c)(4)(xi), and remove six high-need fields listed in § 686.2, or We propose to revise § 686.32(c)(4)(i) current §§ 686.32(c)(4)(xii), (xiii), (xiv), must be a high-need field listed in the to provide that exit counseling must and (xv). Nationwide List for the State in which review the terms and conditions of the the grant recipient teaches— TEACH Grant agreement to serve or Conversion Counseling (1) At the time the grant recipient repay as described in § 686.12 and We propose to add a conversion begins teaching in that field, even if that emphasize to the grant recipient that the counseling requirement in new field subsequently loses its high-need four-year service obligation must be § 686.32(e). Under proposed designation for that State; or completed within the eight-year period § 686.32(e)(1), at the time a TEACH (2) For teaching service performed on described in § 686.12. Grant recipient’s TEACH Grant is or after July 1, 2010, at the time the We propose to add to the exit converted to a Direct Unsubsidized recipient signed the agreement to serve counseling requirements new Loan, the Secretary would conduct or repay or received the TEACH Grant, § 686.32(c)(4)(ii), which would state that conversion counseling with the even if that field subsequently loses its exit counseling must explain the recipient by interactive electronic high-need designation for that State treatment of a grant recipient who means and by mailing written before the grant recipient begins withdraws from and then re-enrolls in a counseling materials to the most recent teaching in that field. TEACH Grant-eligible program at a address provided by the recipient. We propose to redesignate current TEACH Grant-eligible institution as Proposed § 686.32(e)(2)(i) through (xv) § 686.32(a)(3)(viii), in initial counseling, described in proposed § 686.12(c). We would specify that conversion as (a)(3)(ix), and redesignate current would redesignate current counseling— § 686.32(b)(3)(iv), in subsequent § 686.32(c)(4)(ii), (iii), and (iv) as (1) Informs the borrower of the counseling, as § 686.32(b)(3)(v), and to (c)(4)(iii), (iv), and (v), respectively. average anticipated monthly repayment amend the redesignated paragraphs to We propose to revise redesignated amount based on the borrower’s state that the counseling must explain to § 686.32(c)(4)(v) by making the same indebtedness (§ 686.32(e)(2)(i)); the recipient that once a TEACH Grant changes we are proposing to make in (2) Reviews for the borrower available converts to a Direct Unsubsidized Loan, § 686.32(a)(3)(iii) for initial counseling, repayment plan options, including it may reconvert to a grant only if— as described earlier. standard, graduated, extended, income- (1) The Secretary determines that the The proposed regulations would contingent, and income-based grant converted to a loan in error; or remove current § 686.32(c)(4)(v) and add repayment plans, with a description of (2) In the case of a grant recipient new § 686.32(c)(4)(vi) and (vii). the different features of each plan and whose TEACH Grant was converted to Proposed new § 686.32(c)(4)(vi) the difference in interest paid and total a Direct Unsubsidized Loan in would specify that exit counseling must payments under each plan accordance with proposed new emphasize to the grant recipient that if (§ 686.32(e)(2)(ii)); § 686.43(a)(1)(ii), within one year of the he or she fails or refuses to complete the (3) Explains to the borrower the conversion date the grant recipient service obligation contained in the options to prepay the loan, to pay the provides documentation showing that agreement to serve or repay or fails to loan on a shorter schedule, and to he or she is satisfying the service meet any other condition of the change repayment plans obligation within the eight-year service agreement to serve or repay, the TEACH (§ 686.32(e)(2)(iii)); obligation period. Grant must be repaid as a Direct (4) Provides information on the effects Finally, we propose to add new Unsubsidized Loan, and the grant of loan consolidation including, at a § 686.32(a)(3)(viii)(A) and (B) in initial recipient will be obligated to repay the minimum, the effects of consolidation counseling, and new full amount of each grant and the on total interest to be paid and length § 686.32(b)(3)(iv)(A) and (B) in accrued interest from each disbursement of repayment, the effects of subsequent counseling. Proposed new date. consolidation on a borrower’s § 686.32(a)(3)(viii)(A) and (b)(3)(iv)(A) Proposed new § 686.32(c)(4)(vii) underlying loan benefits, including would provide that the counseling must would require exit counseling to explain grace periods, loan forgiveness, explain to the recipient that to avoid to the grant recipient that the Secretary cancellation, and deferment further accrual of interest as described will, at least annually during the service opportunities, and the options of the in proposed § 686.12(b)(4)(ii), a grant obligation period, send the recipient the borrower to prepay the loan and to recipient who decides not to teach in a notice described in § 686.43(a)(2). change repayment plans qualified school or field, or who for any We propose to redesignate current (§ 686.32(e)(2)(iv)); other reason no longer intends to satisfy § 686.32(c)(4)(vi) as (c)(4)(viii) and add (5) Includes debt-management the service obligation, may request that new (c)(4)(ix). Proposed new (c)(4)(ix) strategies that are designed to facilitate the Secretary convert his or her TEACH would require exit counseling to repayment (§ 686.32(e)(2)(v)); Grant to a Direct Unsubsidized Loan provide grant recipients with the same (6) Explains to the borrower the that the recipient may begin repaying information that we propose to include availability of Public Service Loan VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67797 Forgiveness (PSLF) and teacher loan We are proposing to add new TEACH Grant is converted to a loan, the forgiveness (§ 686.32(e)(2)(vi)); § 686.32(a)(3)(viii), (b)(3)(iv), and loan cannot be reconverted to a grant. (7) Explains how the borrower may (c)(4)(ix) to the initial, subsequent, and For consistency with proposed changes request reconsideration of the exit counseling regulations, in § 686.43, we initially proposed to conversion of the TEACH Grant to a respectively, in response to a revise these counseling provisions to Direct Unsubsidized Loan if the recommendation from the TEACH Grant state that once a TEACH Grant converts borrower believes that the grant subcommittee. As explained in the to a loan, it may reconvert to a grant if converted to a loan in error discussions of the proposed changes to the grant converted to a loan in error. (§ 686.32(e)(2)(vii)); §§ 686.12 and 686.43, subcommittee For the reasons explained in the (8) Describes the likely consequences members recommended that we include discussion of the proposed changes to of default, including adverse credit in the agreement to serve or repay and § 686.43, during the negotiated reports, delinquent debt collection in the notice described in proposed rulemaking process the Department procedures under Federal law, and § 686.43(a)(2) an explanation that if a proposed to further amend § 686.43 by litigation (§ 686.32(e)(2)(viii)); grant recipient decides not to teach in adding new § 686.43(a)(5), which (9) Informs the borrower of the grace a qualifying school or field, or for any provides that if a grant recipient’s period as described in § 686.43(c) other reason does not intend to satisfy TEACH Grant converts to a loan in (§ 686.32(e)(2)(ix)); the service obligation, the recipient can accordance with § 686.43(a)(1)(ii), the (10) Provides a general description of avoid further accrual of interest by Secretary will reconvert the loan to a the terms and conditions under which asking the Secretary to convert the grant if, within one year of the a borrower may obtain full or partial TEACH Grant to a Direct Unsubsidized conversion date, the grant recipient forgiveness or discharge of the loan Loan that the recipient can being provides the Secretary with (including under the PSLF Program), repaying immediately, instead of documentation showing that he or she defer repayment of the loan, or be waiting for the grant to be converted is satisfying the service obligation. The granted a forbearance on repayment of later. If a grant recipient requests loan subcommittee and main committee the loan, and provides a copy, either in conversion as soon as the recipient supported this change and print or by electronic means, of the decides that he or she no longer intends recommended that the information in information the Secretary makes to satisfy the service obligation and proposed new § 686.43(a)(5) be available pursuant to section 485(d) of begins repaying the loan, it would provided to grant recipients during the HEA (§ 686.32(e)(2)(x)); reduce the amount of interest the initial, subsequent, and exit counseling, (11) Requires the borrower to provide recipient must pay on the converted so that grant recipients would current information concerning their grant because interest would be charged understand the conditions under which name, address, Social Security number, from the date of each TEACH Grant a converted TEACH Grant can be and driver’s license number and State of disbursement. The subcommittee reconverted to a loan before they receive issuance, as well as the borrower’s members believed it was important for a grant and before they begin the service obligation period. Accordingly, we are permanent address (§ 686.32(e)(2)(xi)); a grant recipient to understand that if at proposing to add the information (12) Reviews for the borrower any point he or she no longer intends contained in proposed § 686.43(a)(5) to information on the availability of the to satisfy the service obligation, it may the initial, subsequent, and exit Student Loan Ombudsman’s office be in the recipient’s best interest to immediately ask the Secretary to counseling regulations. (§ 686.32(e)(2)(xii)); In the exit counseling regulations, we convert the TEACH Grant to a loan so (13) Informs the borrower of the propose to expand § 686.32(c)(4)(i) in that the recipient can begin repaying the availability of title IV loan information response to a recommendation from the loan. For the same reason, the in the NSLDS and how NSLDS can be subcommittee that the main negotiating subcommittee recommended that we used to obtain title IV loan status committee accepted. Specifically, the provide this information to grant information (§ 686.32(e)(2)(xiii)); subcommittee believed that grant recipients during initial, subsequent, (14) Provides a general description of recipients would benefit from receiving and exit counseling. The subcommittee the types of tax benefits that may be a review of all the terms and conditions further recommended that we add a available to borrowers of the agreement to serve or repay (§ 686.32(e)(2)(xiv)); and requirement for initial, subsequent, and during exit counseling, in addition to a (15) Informs the borrower of the exit counseling to explain that if a grant reminder of the timeframe during which amount of interest that has accrued on recipient who no longer intends to the four-year service obligation must be the converted TEACH Grants and satisfy the service obligation asks the completed. explains that any unpaid interest will be Secretary to convert a TEACH Grant to We are proposing to add new capitalized at the end of the grace a loan, the loan cannot be reconverted § 686.32(c)(4)(ii) to the exit counseling period (§ 686.32(e)(2)(xv)). to a grant. The subcommittee believed it requirements because it is important for Reasons: To reflect the changes made was important for grant recipients to grant recipients who receive exit by the HEOA to HEA section understand that while it may be counseling prior to withdrawing from 420N(d)(1), as described earlier in this beneficial to request loan conversion as an institution to understand the terms preamble, we are proposing to amend soon as they decide that they no longer and conditions that will apply if they the current initial and exit counseling intend to satisfy the service obligation, later decide to return to school and re- provisions that describe the conditions the conversion of a grant to a loan at a enroll in the same or a different TEACH under which teaching in a high-need recipient’s request is permanent and Grant-eligible program. field may count towards satisfaction of cannot be reversed. The main We are proposing to remove current the service obligation (§ 686.32(a)(3)(iii) negotiating committee supported these § 686.32(c)(4)(v) from the exit for initial counseling, and redesignated recommendations. counseling regulations for consistency § 686.32(c)(4)(v) for exit counseling). Section 686.32(a)(3)(viii) (in the with proposed changes in § 686.43 that The proposed changes are consistent initial counseling regulations), (b)(3)(iv) eliminate the requirement for grant with the proposed changes in (subsequent counseling), and (c)(4)(vii) recipients to annually provide the § 686.12(d). (exit counseling) provide that once a Secretary with documentation of their VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67798 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules progress toward satisfying the service The TEACH Grant subcommittee important to mail written counseling obligation or notice of their intent to believed that it was not necessary to materials to grant recipients, to ensure satisfy the service obligation. provide grant recipients with detailed that recipients who fail to complete the We propose to add new information about loan terms and interactive electronic counseling would § 686.32(c)(4)(vi) based on the conditions unless and until their still receive the conversion counseling subcommittee’s recommendation that it TEACH Grants convert to loans. If a information. would be important for exit counseling grant recipient’s TEACH Grant later The subcommittee also believed that to explain to grant recipients in greater converts to a Direct Unsubsidized Loan, it would be appropriate to base the detail the consequences of failing or the conversion may not occur until proposed new conversion counseling refusing to complete the service several years after the exit counseling regulations on the current Direct Loan obligation as described in the agreement has been provided. Therefore, the Program exit counseling regulations in to serve or repay, so that they will subcommittee recommended that we 34 CFR 685.304(b), since Direct Loan understand those consequences before remove from exit counseling the exit counseling is intended to provide they begin the service obligation period. requirements to provide information information that is important for We propose to add new that would apply only if a grant borrowers to know as they prepare to § 686.32(c)(4)(vii) in response to a converts to a loan, and instead include begin repayment of their loans. recommendation from the this information, along with additional Accordingly, the subcommittee subcommittee, which was supported by loan-specific information, as part of a recommended language that would the main committee, that exit new conversion counseling require conversion counseling to counseling tell grant recipients about requirement. The subcommittee provide grant recipients with much of the notice from the Secretary that they recommended that the Secretary the same information that is provided to will receive at least annually during the provide conversion counseling to a Direct Loan borrowers during exit service obligation period, as described grant recipient at the time of loan counseling, sometimes with minor in proposed § 686.43(a)(2), so that the conversion, so that the recipient would recipients will know what types of modifications, and with additional be informed of important information information that is specific to grant communications they can expect to about loan terms and conditions shortly receive from the Secretary during their recipients whose TEACH Grants have before he or she must begin repayment been converted to Direct Unsubsidized service obligation period. on the loan. We propose to remove current Loans. The proposed conversion § 686.32(c)(4)(viii) through (x) and (xii) For the reasons explained above, we counseling regulations would not through (xv) from the exit counseling are proposing to add a new conversion include certain elements of the Direct requirements. These paragraphs require counseling requirement in § 686.32(e). Loan exit counseling regulations that are exit counseling to cover information Because the Secretary makes the not relevant to TEACH Grant recipients that is relevant to a grant recipient only determination to convert a TEACH whose grants have converted to loans. if a TEACH Grant is converted to a Grant to a Direct Unsubsidized Loan, The proposed conversion counseling Direct Unsubsidized Loan, including, the Secretary would provide the would include all the elements that we but not limited to, anticipated monthly conversion counseling when the are proposing to remove from the loan payment amounts, available recipient’s grant converts to a loan. current TEACH Grant exit counseling repayment options, debt management Based on the recommendations of the regulations, as explained earlier. strategies, the consequences of subcommittee, we are proposing that the Proposed § 686.32(e)(2)(i) through (v), defaulting on a loan, and loan Secretary would provide conversion (viii), and (x) through (xiv), as described deferment, forbearance, and forgiveness counseling through interactive under ‘‘Proposed Regulations,’’ would options. We propose to retain current electronic means and by mailing written mirror the corresponding Direct Loan § 686.32(c)(4)(xi), which states that exit counseling materials to the most recent exit counseling regulations in 34 CFR counseling must explain to the grant address provided by the grant recipient. 685.304(b)(4)(i), as shown in the table recipient how to contact the Secretary. The subcommittee believed it was below. Corresponding regulation Proposed § 686.32(e) in 34 CFR 685.304(b) § 686.32(e)(2)(i) ...... § 685.304(b)(4)(i). § 686.32(e)(2)(ii) ...... § 685.304(b)(4)(ii). § 686.32(e)(2)(iii) ...... § 685.304(b)(4)(iii). § 686.32(e)(2)(iv) ...... § 685.304(b)(4)(iv). § 686.32(e)(2)(v) ...... § 685.304(b)(4)(v). § 686.32(e)(2)(viii) ...... § 685.304(b)(4)(viii). § 686.32(e)(2)(x) ...... § 685.304(b)(4)(ix). § 686.32(e)(2)(xi) ...... § 685.304(b)(4)(xiv). § 686.32(e)(2)(xii) ...... § 685.304(b)(4)(x). § 686.32(e)(2)(xiii) ...... § 685.304(b)(4)(xi). § 686.32(e)(2)(xiv) ...... § 685.304(b)(4)(xiii). Generally, the language in the provision in 34 CFR 685.301(b)(4)(i) corresponding regulation in proposed proposed TEACH Grant conversion specifies that exit counseling must § 686.32(e)(2)(i) would specify that counseling provisions listed in the table inform the borrower of the average conversion counseling informs the above is identical to the language in the anticipated monthly payment amount borrower of the average anticipated corresponding Direct Loan exit based on either the borrower’s monthly payment amount based only on counseling regulations. However, while indebtedness or on average student the borrower’s indebtedness, as the the Direct Loan exit counseling borrower indebtedness, the subcommittee believed it would be most VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67799 helpful for borrowers to know what they HEA section 420N(b)(1)(B) requires a high-need fields of mathematics, can expect to pay each month based on TEACH Grant applicant to agree to teach science, a foreign language, bilingual their actual loan debt. In proposed in a school described in HEA section education, English language acquisition, § 686.32(e)(2)(x), we would specify that 465(a)(2)(A). Section 465(c)(2) of the special education, or as a reading loan forgiveness options discussed in HEA provides that if a teacher performs specialist; or the counseling would include the PSLF service in a school that meets the (2) Taught a majority of classes during Program. The corresponding Direct Loan requirements of section 465(a)(2)(A) of the period being certified in a State in exit counseling regulation includes only the HEA in any year, and in a another high-need field designated by a general statement about the conditions subsequent year that school fails to meet that State and listed in the Nationwide under which a borrower may obtain the requirements of section 465(a)(2)(A), List, except that teaching service does forgiveness or discharge of a loan, the teacher may continue to teach in the not satisfy the requirements of the without specifically mentioning PSLF. school and will be eligible for loan agreement to serve if that teaching The subcommittee felt it was important cancellation pursuant to section service is in a geographic region of a to highlight the availability of the PSLF 465(a)(1) of the HEA. State or in a specific grade level not Program, since grant recipients whose The HEA does not address the associated with a high-need field of a TEACH Grants converted to loans could treatment of TEACH Grant recipients State designated in the Nationwide List potentially have some of their Direct who are unable to complete a full as having a shortage of elementary or Loan debt forgiven in the future through academic year of teaching service. secondary school teachers. the PSLF Program. Current Regulations: Section Section 686.40(c)(2) provides that if a Based on the subcommittee’s 686.40(a) provides that unless a TEACH grant recipient begins qualified full-time teaching service in a State in a high- recommendations, we also propose to Grant recipient has qualified for a need field designated by that State and specify in § 686.32(e)(2)(vi), (vii), (ix), temporary suspension of the period for listed in the Nationwide List, and in and (xv) that conversion counseling completing the service obligation under subsequent years that high-need field is must explain the availability of PSLF § 686.41 or a discharge of the agreement no longer designated by the State in the and teacher loan forgiveness, explain to serve under § 686.42, the recipient Nationwide List, the grant recipient will how the borrower may request must, within 120 days of completing or be considered to continue to perform reconsideration of the conversion of the otherwise ceasing enrollment in a qualified full-time teaching service in a TEACH Grant to a loan if the borrower program of study for which a TEACH high-need field of that State and to believes that the grant was converted to Grant was received, confirm to the continue to fulfill the service obligation. a loan in error, inform the borrower of Secretary in writing that— (1) He or she is employed as a full- Section 686.40(d) specifies that the the grace period as described in time teacher in accordance with the documentation of teaching service § 686.43(c), and inform the borrower of terms and conditions of the agreement provided by a grant recipient must also the amount of interest that has accrued to serve described in § 686.12; or include evidence that the recipient is a on the converted TEACH Grant, with an (2) He or she is not yet employed as highly qualified teacher. explanation that any unpaid interest a full-time teacher but intends to meet Section 686.40(e) provides that for will be capitalized at the end of the the terms and conditions of the purposes of completing the service grace period. The subcommittee agreement to serve described in obligation, an elementary or secondary believed that it was important to § 686.12. academic year may be counted as one of provide this additional information to Section 686.40(b) provides that if a the grant recipient’s four complete grant recipients whose TEACH Grants grant recipient is performing full-time academic years if the grant recipient have been converted to loans, so that teaching service in accordance with the completes at least one-half of the they would know about the options for agreement to serve, the grant recipient academic year and the grant recipient’s loan forgiveness, the opportunity to must, upon completion of each of the school employer considers the grant request reconsideration if they believe four required years of teaching, provide recipient to have fulfilled his or her their grant was converted to a loan in to the Secretary documentation of that contract requirements for the academic error, and when they must begin teaching service on a form approved by year for the purposes of salary increases, repaying the converted TEACH Grant the Secretary and certified by the chief tenure, and retirement if the grant and how they can avoid capitalization administrative officer of the school recipient is unable to complete an of accrued interest. where the grant recipient is teaching. academic year due to— Documenting the Service Obligation The documentation must show that the (1) A condition that is a qualifying (§ 686.40) grant recipient is teaching in a low- reason for leave under the Family and income school. Medical Leave Act of 1993 (FMLA) (29 Statute: HEA section 420N(b)(1)(D) Section 686.40(b) further provides U.S.C. 2612(a)(1) and (3)); or requires a TEACH Grant applicant to that if the school where the grant (2) A call or order to active duty status agree to submit evidence of qualifying recipient is employed meets the for more than 30 days as a member of employment, in the form of a requirements of a low-income school in a reserve component of the Armed certification by the chief administrative the first year of the recipient’s four years Forces named in 10 U.S.C. 10101, or officer of the school, upon completion of teaching, but fails to meet those service as a member of the National of each year of service. requirements in subsequent years, those Guard on full-time National Guard duty, HEA section 420N(b)(1)(C) requires an subsequent years of teaching qualify for as defined in 10 U.S.C. 101(d)(5), under applicant for a TEACH Grant to agree to purposes of satisfying the service a call to active service in connection teach in one of the fields of obligation. with a war, military operation, or a mathematics, science, foreign language, Section 686.40(c)(1) states that the national emergency. bilingual education, special education, documentation required under Finally, § 686.40(f) provides that a reading specialist, or another field § 686.40(b) must also show that the grant recipient who taught in more than documented as high-need by the Federal grant recipient— one qualifying school during an Government, State government, or LEA, (1) Taught a majority of classes during academic year and demonstrates that and approved by the Secretary. the period being certified in any of the the combined teaching service was the VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67800 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules equivalent of full-time, as supported by satisfaction of the TEACH Grant service teachers to accept positions in low- the certification of one or more of the obligation, if the other requirements income schools where there is an urgent chief administrative officers of the described in the introductory text to need for teachers. The subcommittee schools involved, is considered to have redesignated § 686.40(b) are met. We members noted that in many parts of the completed one academic year of propose to eliminate the current country there is a general shortage of qualifying teaching. requirement that National Guard service teachers in specific geographic regions, Proposed Regulations: We propose to qualifies only under a call to active such as in rural areas, or in certain grade remove current § 686.40(a), which service in connection with a war, levels, without regard to subject areas requires grant recipients to provide military operation, or a national taught. For example, a State might have certain information to the Secretary emergency. an urgent need for elementary school within 120 days of ceasing enrollment Finally, we propose to add, in teachers, or a need for teachers in all in a program of study for which a § 686.40(b)(3), a new circumstance subject areas in a particular county. TEACH Grant was received, and under which less than a full year of However, under the current TEACH redesignate current § 686.40(b) as teaching may count as a full year toward Grant regulations a grant recipient may § 686.40(a). We further propose to— satisfaction of the TEACH Grant service not satisfy the service obligation simply (1) Revise and restructure obligation. Specifically, proposed by teaching at a low-income elementary redesignated § 686.40(a) to include, with § 686.40(b)(3) would provide that a school in a State where there is a certain changes, the service obligation grant recipient who completes at least shortage of elementary school teachers documentation requirements that are in half of an academic year of qualifying as documented in the Nationwide List, current §§ 686.40(c) and (d); teaching and who meets the other or by teaching in a low-income school (2) Remove current § 686.40(c) and requirements described in the located in a particular geographic area (d); and redesignated § 686.40(b) introductory of a State where there is a shortage of (3) Redesignate current § 686.40(e) text could have that partial year of teachers as documented in the and (f) as § 686.40(b) and (c), teaching counted as one full year of the Nationwide List, unless the grant respectively. four required years of teaching if the recipient is also teaching in a subject We propose to remove the language in recipient is unable to teach for the area that is a high-need field. The current § 686.40(c)(1)(ii) stating that remainder of the academic year because subcommittee members urged the full teaching in a high-need field listed in he or she resides in or is employed in committee to eliminate the current the Nationwide List does not satisfy the a federally declared major disaster area regulatory limitation, to enable more service obligation requirements if that as defined in the Robert T. Stafford grant recipients to teach where there is teaching service is in a geographic Disaster Relief and Emergency the greatest need for teachers. With the region of a State or in a specific grade Assistance Act (42. U.S.C. 5122(2)). full committee having agreed to the level not associated with a high-need Reasons: We are proposing to subcommittee’s recommendation, the field of a State designated in the eliminate current § 686.40(a) for Department proposes this change. Nationwide List as having a shortage of consistency with changes proposed in A non-Federal negotiator on the elementary or secondary school § 686.43, and because we believe that negotiated rulemaking committee teachers. We also propose to replace the requiring grant recipients to inform the representing the interests of military information in current § 686.40(c)(2) Secretary of their status within 120 days service members recommended that we with a cross-reference to § 686.12(d) in of ceasing enrollment in a program for make the changes in redesignated proposed new § 686.40(a)(2)(ii). which a TEACH Grant was received § 686.40(b)(2) to more accurately reflect In the introductory text to adds unnecessary complexity to the current active duty provisions. We redesignated § 686.40(b), we propose to requirements for documenting the agreed to make the suggested changes. retain the current provision stating that service obligation. We are proposing to add residing in if a grant recipient completes at least To present service obligation or being employed in a federally one-half of an academic year of teaching documentation requirements more declared major disaster area as another and the grant recipient’s school clearly and concisely, we are proposing condition that would allow less than a employer considers the grant recipient to include in redesignated § 686.40(a) full year of teaching to count as one full to have fulfilled his or her contract the provisions that are in current year toward satisfaction of the service requirements for the academic year for §§ 686.40(b), (c), and (d), and to cover obligation because we believe that grant the purposes of salary increases, tenure, the requirements related to teaching in recipients who teach for part of an and retirement, the partial year of a high-need field through a cross- academic year but who are unable to teaching may be counted as one of the reference to § 686.12(d) instead of teach for the remainder of the year as a required four complete academic years repeating those requirements in result of their home or place of of teaching if the grant recipient was § 686.40(a). employment being adversely affected by unable to teach for the remainder of the Further, we are proposing to eliminate a natural disaster should receive credit year due to certain conditions described the provision in current for the partial year of qualifying in proposed redesignated § 686.40(b)(1) § 686.40(c)(1)(ii) that prohibits a TEACH teaching that was completed, assuming through (3). Grant recipient from satisfying the that the other conditions described in In redesignated § 686.40(b)(2), we service obligation by teaching in a the introductory text of redesignated propose that a call or order to Federal geographic region of a State or in a § 686.40(b) are met. or State active duty, or active service as specific grade level not associated with a member of a Reserve Component of a high-need field for a State that is Periods of Suspension (§ 686.41) the Armed Forces named in 10 U.S.C designated in the Nationwide List as Statute: The HEA does not address 10101, or service as a member of the having a shortage of elementary or suspensions of the period for National Guard on full-time National secondary school teachers. completing the TEACH Grant service Guard duty, as defined in 10 U.S.C. Subcommittee members believed that obligation. 101(d)(5), would be a condition that this provision of the current regulations Current Regulations: Section allows for less than a full school year of is inconsistent with the goal of the 686.41(a)(1) provides that a grant teaching to count as one year toward TEACH Grant Program to encourage recipient who has completed or who has VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67801 otherwise ceased enrollment in a We propose to redesignate current suspensions under §§ 686.41(a)(1)(i), program for which he or she received §§ 686.41(a)(1)(ii) and (iii) as (a)(1)(iii) (ii), and (iii) that do not exceed a TEACH Grant funds may request a and (iv), respectively, and add new combined total of three years. Current suspension of the eight-year period for § 686.41(a)(1)(ii), which would provide § 686.41(a)(2)(ii) would continue to completion of the service obligation that a grant recipient may request a provide that a grant recipient may based on— suspension of the eight-year service receive suspensions under redesignated (1) Enrollment in a program of study obligation period while he or she is § 686.41(a)(2)(iv) (current for which the recipient would be receiving State-required instruction or § 686.41(a)(1)(iii)) that do not exceed a eligible for a TEACH Grant or in a otherwise fulfilling requirements for total of three years. program of study that has been licensure to teach in a State’s Proposed § 686.41(a)(2)(iii) and (v) determined by a State to satisfy the elementary or secondary schools. would establish maximum three-year requirements for certification or We propose to revise redesignated suspension limits for suspensions licensure to teach in the State’s § 686.41(a)(1)(iv) (current granted under proposed new elementary or secondary schools; § 686.41(a)(1)(iii)) to provide that a grant § 686.41(a)(1)(v) and (vi), respectively. (2) A condition that is a qualifying recipient may request a suspension of We propose to revise § 686.41(b) and reason for leave under the FMLA; or the service obligation period based on a (c) to provide that, as is currently (3) A call or order to active duty status call to order to Federal or State active permitted for suspensions under current for more than 30 days as a member of duty or active service as a member of § 686.41(a)(1)(iii) (redesignated as a reserve component of the Armed the Reserve Component of the Armed § 686.41(a)(1)(iv)), a TEACH Grant’s Forces named in 10 U.S.C. 10101, or Forces named in 10 U.S.C. 10101, or representative may request a suspension service as a member of the National service as a member of the National under proposed new § 686.41(a)(1)(vi) Guard on full-time National Guard duty, Guard on full-time National Guard duty, and provide the documentation supporting the suspension request on as defined in 10 U.S.C. 101(d)(5), under as defined in 10 U.S.C. 101(d)(5). The behalf of the recipient. a call to active service in connection proposed revisions to redesignated § 686.41(a)(1)(iv) would remove the We propose to add § 686.41(d), which with a war, military operation, or a would provide that, on a case-by-case national emergency. current requirements that the active duty status must be for more than 30 basis, the Secretary may grant a grant Section 686.41(a)(2) provides that a recipient a temporary suspension of the grant recipient may receive a days, and that a suspension based on service as a member of the National period for completing the service suspension in one-year increments Guard on full-time Guard duty must be obligation if the Secretary determines that— under a call to active service in that the recipient was unable to (1) Does not exceed a combined total connection with a war, military complete a full academic year of of three years for suspensions based on operation, or a national emergency. teaching or begin the next academic enrollment in a qualifying period of Under proposed new § 686.41(a)(1)(v), year of teaching due to exceptional study or a condition that is a qualifying a grant recipient could request a circumstances significantly affecting the reason for leave under the FMLA; or suspension of the eight-year period for operation of the school or educational (2) Does not exceed a total of three completing the service obligation based service agency where the grant recipient years for suspensions based on on military orders for the recipient’s was employed or the grant recipient’s qualifying military service. spouse for deployment with a military ability to teach. Section 686.41(b) specifies that a unit or as an individual in support of a Finally, we propose to add grant recipient, or his or her call to Federal or State active duty or § 686.41(e), which would provide that representative in the case of a grant active service, or a change of permanent the Secretary notifies the grant recipient recipient who requests a suspension duty station from a location in the of the outcome of the application for a based on qualifying military service, continental United States to a location suspension. must apply for a suspension in writing outside of the continental United States Reasons: The Department proposes a on a form approved by the Secretary or from a location in a State to any new suspension condition that would prior to being subject to any of the location outside of that State. allow a grant recipient to request a conditions under § 686.43(a)(1) through Under proposed new suspension of the service obligation (5) that would cause the recipient’s § 686.41(a)(1)(vi), a grant recipient could period based on residing in or being TEACH Grant to be converted to a request a suspension of the eight-year employed in a federally declared major Federal Direct Unsubsidized Loan. period for completing the service disaster area, because we believe it is Section 686.41(c) requires a grant obligation due to residing in or being appropriate to allow for suspensions in recipient, or his or her representative in employed in a federally declared major circumstances when a grant recipient is the case of a grant recipient who disaster area as defined in the Robert T. temporarily unable to perform requests a suspension based on Stafford Disaster Relief and Emergency qualifying teaching service due to being qualifying military service, to provide Assistance Act (42 U.S.C. 5122(2)). adversely affected by a federally the Secretary with documentation We propose to revise § 686.41(a)(2) to declared disaster. The proposed new supporting the suspension request as specify the maximum periods of time disaster suspension is consistent with well as current contact information for which a grant recipient may receive actions previously taken by the including home address and telephone a suspension of the eight-year service Department under the authority granted number. obligation under the current and by the U.S. Congress through the Proposed Regulations: In proposed new suspension conditions. Bipartisan Budget Act of 2018 (Public § 686.41(a)(1), we propose to add three Revised § 686.41(a)(2) introductory Law 115–123) to waive or modify new circumstances that would qualify a text would continue to provide that for certain requirements of the HEA for the TEACH Grant recipient for a temporary all suspension conditions, a grant purpose of assisting individuals and suspension of the eight-year service recipient may receive suspensions in institutions affected by hurricanes obligation period, and to amend current one-year increments. Harvey, Irma, and Maria. The § 686.41(a)(1)(iii), which we propose to Under proposed § 686.41(a)(2)(i), a Department used this authority to redesignate as § 686.41(a)(1)(iv). grant recipient could receive suspend the service obligation period VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67802 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules for TEACH Grant recipients in Puerto Subcommittee members noted that if a who is performing military service, a Rico and the U.S. Virgin Islands who grant recipient accompanies his or her grant recipient who is adversely affected were temporarily unable to teach due to spouse on a military reassignment, it by a disaster may find it difficult to extended hurricane-related closures of may not be possible for the recipient to submit a suspension request and any elementary and secondary schools. The find a teaching position in a high-need required supporting documentation. proposed new suspension would field at a low-income school in the new Allowing for a representative to submit provide the same benefit to TEACH location, and they felt that it would be the suspension request and Grant recipients affected by disasters in unfair to the grant recipient to not allow documentation on the grant recipient’s other parts of the United States. The for a temporary suspension of the behalf would ease the burden on the Department further proposes that service obligation period in this recipient. The proposed changes in suspensions for this circumstance circumstance. § 686.41(b) and (c) reflect this would be granted in one-year The current regulations at recommendation. increments that do not exceed a total of § 686.41(a)(2)(i) specify that periods of The subcommittee believed there three years. The TEACH Grant suspension based on enrollment in a could be other unforeseen subcommittee supported the qualifying program (§ 686.41(a)(1)(i)) or circumstances that might temporarily Department’s proposed new suspension a condition that is a qualifying reason prevent a grant recipient from fulfilling condition, and also recommended for leave under the FMLA (current the service obligation requirements, and additional suspension options to cover § 686.41(a)(1)(ii), to be redesignated as recommended adding a provision certain other common circumstances § 686.41(a)(1)(iii)) may not exceed a allowing the Secretary to grant that could impact a grant recipient’s combined total of three years. temporary suspensions on a case-by- ability to complete the service Subcommittee members recommended case basis if the Secretary determines obligation within the eight-year period. that this combined three-year limit that there are exceptional circumstances The subcommittee noted that in some should also include the proposed new affecting the operation of the school or cases a grant recipient who is certified suspension condition based on fulfilling educational agency where a recipient to teach in one State may move to a requirements for licensure to teach in a teaches or the recipient’s ability to different State and be unable to teach in State’s elementary or secondary schools. teach. that State until he or she has received The subcommittee did not believe it was Finally, to ensure that grant recipients State-required instruction provided by necessary to establish a separate are informed of the status of an the State or otherwise fulfilled State- maximum time period for the proposed application for suspension, the requirements for licensure to teach in new suspension, because a recipient subcommittee recommended specifying that State’s elementary or secondary who needs to fulfill State requirements in the regulations that the Secretary schools. To ensure that the grant to teach would likely satisfy those notifies the grant recipient regarding the recipient would be able to complete the requirements either by completing a outcome of an application for required four years of teaching within program of study at an institution or suspension. the eight-year service obligation period, through State-provided instruction, but the subcommittee members not both. Thus, the subcommittee felt Discharge of Agreement To Serve recommended that, in this that it was reasonable to expand the (§ 686.42) circumstance, the grant recipient be existing combined three-year limit in Statute: Section 420N(d)(2) of the allowed to receive a temporary § 686.41(a)(2)(i) to include the proposed HEA provides for the Secretary to suspension of the eight-year period new suspension. establish by regulation categories of while he or she is fulfilling the new Consistent with the current three-year extenuating circumstances under which State’s teacher licensure requirements. maximum period for suspensions based a TEACH Grant recipient who is unable Given that these requirements may vary on qualifying military service and with to fulfill all or part of the recipient’s from State to State, we invite comments the Department’s proposal to set a three- service obligation may be excused from on how to best formulate this proposed year maximum for the proposed new fulfilling that portion of the service suspension condition. suspension for grant recipients who obligation. We are proposing the changes in reside in or are employed in a federally Current Regulations: Current redesignated § 686.41(a)(1)(iv) in declared major disaster area, the regulations provide for discharge of the response to a recommendation by subcommittee recommended that the TEACH Grant service obligation based members of the main negotiating regulations set a three-year limit for the on the grant recipient’s death, TPD, or committee that we update the current proposed new suspension for military extended active duty military service. regulatory language to better conform spouses under § 686.41(a)(1)(v), and with the terminology used by the provide for the new military spouse Death Discharge military. suspension to be granted in one-year Current § 686.42(a)(1) contains the The subcommittee recommended that increments, the same as the regulations criteria under which the Secretary we also provide a new suspension provide for all other suspensions. discharges an agreement to serve based option for grant recipients who are Consistent with the existing on the death of a TEACH Grant military spouses to cover circumstances regulatory provision that allows for a recipient. where the recipient’s spouse receives grant recipient’s representative to military orders for deployment with a submit a request for a suspension based TPD Discharge military unit or as an individual in on qualifying military service on behalf Current § 686.42(b)(1) provides that a support of a call to Federal or State of the recipient and provide any grant recipient’s agreement to serve is active duty or active service, or receives required documentation, the discharged if the recipient becomes orders for a change of permanent duty subcommittee recommended that the totally and permanently disabled, as station from a location in the same be allowed in the case of a grant defined in 34 CFR 682.200(b), and the continental United States to a location recipient who qualifies for a suspension grant recipient applies for and satisfies outside of the continental United States based on residing in or being employed the eligibility requirements for a TPD or from a location in a State to any in a federally declared major disaster discharge in accordance with 34 CFR location outside that State. area. As in the case of a grant recipient 685.213. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67803 Current § 686.42(b)(2) specifies that (1) A written statement from the grant accrued on the TEACH Grant the eight-year time period in which the recipient’s commanding or personnel disbursements from the date the grant recipient must complete the officer certifying that the grant recipient agreement to serve or repay was service obligation remains in effect is on active duty in the Armed Forces discharged until the date the agreement during the conditional TPD discharge of the United States and the dates on to serve or repay was reinstated. period described in 34 CFR which the grant recipient’s service Finally, we propose to amend current 685.213(c)(2) unless the grant recipient began and is expected to end; or § 686.42(c)(4) to provide that for is eligible for a suspension based on a (2) A copy of the grant recipient’s military discharge purposes, the Armed condition that is a qualifying reason for official military orders, and a copy of Forces also includes a reserve leave under the FMLA. the grant recipient’s military component of the Armed Forces named Under current § 686.42(b)(3), interest identification. in 10 U.S.C. 10101, or the National continues to accrue on each TEACH Current § 686.42(c)(3) specifies that Guard. Grant disbursement unless and until the for military discharge purposes, the Reasons: The current TPD provisions TEACH Grant recipient’s agreement to Armed Forces means the Army, Navy, for TEACH Grants in § 686.42(b) were serve is discharged based on the Air Force, Marine Corps, and the Coast modeled on the Direct Loan Program recipient’s TPD. Guard. TPD discharge regulations that were in Current § 686.42(d)(5) provides that Current § 686.42(b)(4) provides that if effect when the original TEACH Grant based on a request for a military the grant recipient satisfies the criteria regulations were issued. On November discharge from a grant recipient or his for a TPD discharge during and at the 1, 2012, we published final regulations or her representative, the Secretary will end of the three-year conditional (77 FR 66088) that made significant notify the grant recipient or the discharge period, the Secretary changes to the regulations governing the representative of the outcome of the discharges the grant recipient’s service TPD discharge process in the Direct obligation. discharge request, and specifies that for the portion on the service obligation Loan, FFEL, and Perkins loan programs. Finally, current § 686.42(b)(5) As a result, the language in current provides that if, at any time during or that remains, the grant recipient remains responsible for fulfilling the service § 686.42(b) is obsolete. We are at the end of the three-year conditional proposing to amend the provisions discharge period, the Secretary obligation in accordance with § 686.12. Proposed Regulations: In current authorizing the discharge of a TEACH determines that the grant recipient does Grant recipient’s agreement to serve or not meet the eligibility criteria for a TPD § 686.42(b)(1), we propose to replace the cross-reference to the definition of repay based on a TPD to conform to the discharge, the Secretary ends the current Direct Loan TPD regulations. conditional discharge period and the ‘‘totally and permanently disabled’’ in 34 CFR 682.200(b) with a cross- We propose to amend current grant recipient is once again subject to § 686.42(c)(4) for consistency with the terms of the agreement to serve. reference to the definition of that term in § 685.102(b). We further propose to current § 686.41(a)(1)(iii). Under current Military Service Discharge remove current §§ 686.42(b)(2) through § 686.41(a)(1)(iii), a TEACH Grant recipient may qualify for a temporary Current § 686.42(c) provides that a (5) and add new §§ 686.42(b)(2) through suspension of the eight-year service TEACH Grant recipient who has (4). obligation period based on qualifying completed or who has otherwise ceased New § 686.42(b)(2) would provide service as a member of Armed Forces enrollment in a program for which he or that if at any time the Secretary named in 10 U.S.C. 10101 or as a she received TEACH Grants and has determines that the grant recipient does member of National Guard. We believe exceeded the maximum period of time not meet the requirements of the three- that extended periods of the same type allowed for a military service year period following the discharge as of military service should also qualify a suspension under § 686.41(a)(2)(ii) may described in 34 CFR 685.213(b)(7), the TEACH Grant recipient for discharge of qualify for a proportional discharge of Secretary will notify the grant recipient some or all of their service obligation. his or her service obligation due to an that the grant recipient’s obligation to extended call or order to active duty satisfy the terms of the agreement to Obligation To Repay the Grant status. To apply for a military discharge, serve or repay is reinstated. (§ 686.43) a grant recipient or his or her New § 686.42(b)(3) would provide Statute: Section 420N(c) of the HEA representative must submit a written that the Secretary’s notification under provides that if a TEACH Grant request to the Secretary. § 686.42(b)(2) will: (1) Include the Current § 686.42(c)(2) provides that a reason or reasons for the reinstatement; recipient fails or refuses to comply with grant recipient as described in current (2) provide information on how the the service obligation in the agreement § 686.42(c)(1) may receive a— grant recipient may contact the under section 420N(b) of the HEA, the (1) One-year discharge of the service Secretary if the grant recipient has sum of the amounts of any TEACH obligation if a call or order to active questions about the reinstatement or Grants received by the recipient will, duty status is for more than three years; believes that the agreement to serve or upon a determination of the recipient’s (2) Two-year discharge of the service repay was reinstated based on incorrect failure or refusal to comply with the obligation if a call or order to active information; and (3) inform the grant service obligation, be treated as a duty status is for more than four years; recipient that he or she must satisfy the Federal Direct Unsubsidized Loan under (3) Three-year discharge of the service service obligation within the portion of title IV, part D of the HEA, and will be obligation if a call or order to active the eight-year period that remained after subject to repayment, together with duty status is for more than five years; the date of the discharge. interest accrued from the date of the or New § 686.42(b)(4) would provide TEACH Grant award, in accordance (4) Full discharge of the service that if the TEACH Grant made to a with terms and conditions specified by obligation if a call or order to active recipient whose TEACH Grant the Secretary in regulations. duty status is for more than six years. agreement to serve or repay is reinstated The HEA does not address the Current § 686.42(c)(3) requires a grant is later converted to a Direct reconversion of a loan to a TEACH recipient or his or her representative to Unsubsidized Loan, the recipient will Grant following the conversion of a provide the Secretary with— not be required to pay interest that TEACH Grant to a loan. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67804 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules Current Regulations: Current Unsubsidized Loan receives a six-month • The conditions under which a grant § 686.43(a) provides that the TEACH grace period prior to entering recipient may request a temporary Grant amounts disbursed to a grant repayment, and current § 686.43(c)(2) suspension of the period for completing recipient will be converted into a Direct provides that a grant recipient whose the service obligation (proposed Unsubsidized Loan, with interest grant has been converted to a loan is § 686.43(a)(2)(iv)); accruing from the date of each grant eligible for all of the benefits of the • The conditions described in disbursement, and will be collected by Direct Loan Program, including an in- § 686.43(a)(1) under which TEACH the Secretary in accordance with the school deferment. Grant amounts disbursed to the grant relevant provisions of 34 CFR part 685, Current § 686.43(d) states that a recipient will convert to a Direct subpart A under the conditions TEACH Grant that converts to a Federal Unsubsidized Loan (proposed described in current §§ 686.43(a)(1) Direct Unsubsidized Loan cannot § 686.43(a)(2)(v)); • through (5). reconvert to a grant. The potential total interest accrued Current § 686.43(a)(1) provides that a (proposed § 686.43(a)(2)(vi)); Proposed Regulations: We are • TEACH Grant will be converted to a proposing to revise § 686.43(a) by The process by which the grant Direct Unsubsidized Loan if the grant removing current § 686.43(a)(2) through recipient may contact the Secretary to recipient, regardless of enrollment (4). Current § 686.43(a)(1) and (5) would request reconsideration of the status, requests that the TEACH Grant be slightly revised and redesignated as conversion of a TEACH Grant to a loan, be converted into a loan because he or § 686.43(a)(1)(i) and (ii), respectively. the deadline by which the recipient must submit the request, and a list of she has decided not to teach in a Under the proposed regulations, a the specific documentation required by qualified school or field or for any other TEACH Grant would be converted to a the Secretary to reconsider the reason. loan only if the grant recipient, conversion (proposed Current § 686.43(a)(2) provides that a regardless of enrollment status, requests § 686.43(a)(2)(vii)); and TEACH Grant will convert to a loan if, that the TEACH Grant be converted into • An explanation that to avoid further within 120 days of ceasing enrollment a loan because he or she has decided not accrual of interest, a grant recipient who in the institution prior to completing the to teach in a qualified school or decides not to teach in a qualified TEACH Grant-eligible program, the educational service agency, or not to grant recipient has failed to notify the school or field, or who for any other teach in a high-need field, or for any Secretary in accordance with reason no longer intends to satisfy the other reason (proposed § 686.43(a)(1)(i)), § 686.40(a). service obligation, may request that the or if the grant recipient does not begin Current § 686.43(a)(3) provides that a Secretary convert his or her TEACH or maintain qualified employment TEACH Grant will be converted to a Grant to a loan that the recipient may within the timeframe that would allow loan if, within one year of ceasing begin repaying immediately, instead of the recipient to complete the service enrollment in the institution prior to waiting for the grant to be converted to obligation within the number of years completing the TEACH Grant-eligible a loan in accordance with required under § 686.12 (proposed program, the grant recipient has not § 686.43(a)(1)(ii) (proposed § 686.43(a)(1)(ii)). been determined eligible for a 686.43(a)(2)(viii)). suspension of the eight-year period for We also propose to expand current Proposed new § 686.43(a)(3) would completion of the service obligation as § 686.43(a) by adding new provide that on or about 90 days before provided in § 686.41, re-enrolled in a §§ 686.43(a)(2) through (9). the date that a grant recipient’s TEACH TEACH Grant-eligible program, or Proposed new § 686.43(a)(2) would Grants would be converted to loans in begun creditable teaching service as specify that at least annually during the accordance with § 686.43(a)(1)(ii), the described in § 686.12(b). eight-year period for completing the Secretary will notify the recipient of the Current § 686.43(a)(4) provides that a service obligation, the Secretary will date by which the recipient must submit TEACH Grant will be converted to a notify the grant recipient of— documentation showing that the • loan if the grant recipient completes the The terms and conditions the grant recipient is satisfying the service course of study for which a TEACH recipient must meet to satisfy the obligation. Grant was received and does not service obligation (proposed Proposed new § 686.43(a)(4) would actively confirm to the Secretary, at § 686.43(a)(2)(i)); provide that if the TEACH Grant • least annually, his or her intention to The requirement for the grant amounts disbursed to a recipient satisfy the agreement to serve. recipient to provide to the Secretary, convert to a loan, the Secretary will Finally, current § 686.43(a)(5) upon completion of each of the four notify the recipient of the conversion provides that a TEACH Grant will be required years of teaching service, and offers conversion counseling in converted to a loan if the grant recipient documentation of the service on a form accordance with § 686.32(e). has completed the TEACH Grant- approved by the Secretary and certified Under proposed new § 686.43(a)(5), if eligible program but has failed to begin by the chief administrative officer of the a grant recipient’s TEACH Grant is or maintain qualified employment school or educational service agency converted to a loan in accordance with within the timeframe that would allow where the recipient taught, including a § 686.43(a)(1)(ii), the Secretary will the recipient to complete the service reminder of the need for the grant reconvert the loan to a grant if, within obligation within the number of years recipient to keep a copy of the one year of the conversion date, the required under § 686.12. certification as well as copies of the grant recipient provides the Secretary Current § 686.43(b) states that if a recipient’s own employment with documentation showing that he or TEACH Grant converts to a Federal documentation (proposed she is satisfying the service obligation. Direct Unsubsidized Loan, we do not § 686.43(a)(2)(ii)); Under proposed new § 686.43(a)(6), if count that loan against the grant • The number of years of teaching a grant recipient’s TEACH Grant is recipient’s annual or aggregate Direct service that the grant recipient has involuntarily converted to a loan, the Loan limits. completed and the remaining timeframe Secretary will reconvert the loan to a Current § 686.43(c)(1) provides that a within which the recipient must TEACH Grant based on documentation grant recipient whose TEACH Grant has complete the service obligation provided by the grant recipient or in the been converted to a Federal Direct (proposed § 686.43(a)(2)(iii)); Department’s records demonstrating VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67805 that the recipient was satisfying the Ombudsman if he or she continues to To ensure that grant recipients are service obligation as described in believe that the grant converted to a regularly reminded of the service § 686.12, or demonstrating that the grant loan in error (proposed new obligation requirements, the Department was improperly converted to a loan. § 686.43(a)(8)(iii)). initially proposed during negotiated Proposed new § 686.43(a)(7) would Proposed new § 686.43(a)(9) would rulemaking to specify in new specify that if a grant recipient who provide that a TEACH Grant recipient § 686.43(a)(2) that, at least annually requests reconsideration of the remains obligated to meet all during the service obligation period, the conversion of a TEACH Grant to a loan requirements of the service obligation, Secretary would notify the grant demonstrates that the grant converted to even if the recipient does not receive the recipient of the terms and conditions a loan in error, the Secretary— notice described in proposed that must be met to satisfy the service • Reconverts the loan to a TEACH § 686.43(a)(2). obligation, the requirement for the grant Grant (proposed § 686.43(a)(7)(i); recipient to provide documentation of • In § 686.43(c), we are proposing to If the grant recipient completed one revise paragraph (c)(2) by removing the each completed year of teaching service, or more academic years of qualifying words ‘‘including an in-school the remaining timeframe within which teaching service during the period when deferment.’’ the recipient must complete the service the grant was in loan status, applies that Finally, we are proposing to revise obligation, the conditions under which teaching service toward the recipient’s § 686.43(d) to provide that a TEACH the recipient may request a temporary four-year service obligation and Grant that converted to a Direct suspension of the service obligation excludes the period when the grant was Unsubsidized Loan cannot reconvert to period, and the conditions under which in loan status from the eight-year period a grant unless the Secretary determines a TEACH Grant will be converted to a during which the recipient must that the grant was converted to a loan Direct Unsubsidized Loan. In response complete the service obligation in error. to recommendations from the (proposed new § 686.43(a)(7)(i)(A)); Reasons: Under the current subcommittee, the Department agreed to • If the grant recipient did not regulations, there are different expand the contents of the proposed complete any academic years of circumstances that result in the notice to include the number of years of qualifying teaching service during the teaching service already completed by conversion of a TEACH Grant to a loan period when the grant was in loan the recipient, the potential total accrued depending on whether the grant status, excludes the period when the interest, information about the process recipient did or did not complete the grant was in loan status from the eight- by which a grant recipient may request program of study for which he or she year period during which the recipient reconsideration of the conversion of a received TEACH Grants. In addition, must complete the service obligation TEACH Grant to a loan, and an under the current regulations, a grant (proposed new § 686.43(a)(7)(i)(B)); explanation of the grant recipient’s recipient may be subject to loan • Ensures that the grant recipient option to request conversion of the conversion if the recipient fails to meet receives credit for any payments made recipient’s TEACH Grants to a loan if certification requirements within on the Direct Unsubsidized Loan that the recipient no longer intends to satisfy reconverted to a TEACH Grant specified timeframes, even if the the service obligation. The (proposed new § 686.43(a)(7)(ii)); recipient is otherwise meeting the subcommittee members felt that it was • Notifies the recipient of the service obligation requirements. Our important to provide grant recipients reconversion of the loan to a grant and experience in administering the TEACH with this additional information on a explains that the recipient is once again Grant Program has shown that the regular basis throughout the service responsible for meeting all requirements existing regulatory conditions for obligation period. of the service obligation (proposed new converting TEACH Grants to loans are We are proposing to add new § 686.43(a)(7)(iii)); and difficult for grant recipients to § 686.43(a)(3) in response to a • Requests deletion of any derogatory understand and in some cases have led recommendation made by TEACH Grant information reported to consumer to the conversions of grants made to subcommittee members. In addition to reporting agencies related to the grant recipients who were performing supporting the Department’s proposed while it was in loan status and, upon a qualifying teaching service, but who changes to the conditions that will request from the grant recipient, failed to meet certification deadlines. result in the conversion of TEACH furnishes a statement of error that the Therefore, to simplify program Grants to loans, several subcommittee recipient may provide to creditors until requirements, reduce burden on grant members believed that it is important the recipient’s credit history has been recipients, and minimize grant-to-loan for grant recipients to be notified as they corrected (proposed new conversions resulting from late approach the date when they would be § 686.43(a)(7)(iv)). submission of documentation, we are subject to loan conversion so that a Proposed new § 686.43(a)(8) would proposing to eliminate the loan grant recipient who has been teaching specify that if a grant recipient who conversion conditions in current but who has not yet submitted requests reconsideration of the §§ 686.43(a)(2) through (4) and retain, documentation of qualifying teaching conversion of a grant to a loan does not with minor modifications, only the service would have an opportunity to do demonstrate to the satisfaction of the current regulations that provide for loan so in time to avoid loan conversion. Secretary that the grant converted to a conversion if the recipient requests We are proposing new § 686.43(a)(4) loan in error, the Secretary— conversion, or if the recipient fails to to reflect in the regulations our current • Notifies the recipient that the loan begin or maintain qualifying teaching practice of notifying a grant recipient at cannot reconvert to a TEACH Grant service within a timeframe that would the time his or her TEACH Grants are (proposed new § 686.43(a)(8)(i)); allow the recipient to complete the converted to a Direct Unsubsidized • Explains the reason or reasons why required four years of teaching within Loan, and to further specify in the the loan cannot reconvert to a TEACH the eight-year service obligation period. regulations that conversion counseling Grant (proposed new § 686.43(a)(8)(ii)); These provisions would apply to all will be provided in accordance with and grant recipients, regardless of whether proposed § 686.32(e). • Explains how the grant recipient they completed the program of study for We are proposing new § 686.43(a)(5) may contact the Federal Student Aid which they received TEACH Grants. to address circumstances in which a VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67806 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules grant recipient who has been working reconversion process for grant recipients to a loan in error, upon the reconversion toward satisfaction of the service who were meeting the service obligation of the loan to a grant the recipient obligation neglects to provide any requirements, but who had their grants should receive credit toward satisfaction documentation of qualifying teaching converted to loans and who would not of the service obligation for any full service before having his or her grants be covered by proposed § 686.43(a)(5). academic years of qualifying teaching converted to loans under proposed Proposed § 686.43(a)(6) describes how service that he or she completed during § 686.43(a)(1)(ii). We believe that the these grant recipients may request the period between the request for proposed changes in § 686.43 will reconsideration of the conversion of reconsideration and the determination significantly reduce the number of their TEACH Grants to loans. that the grant was converted to a loan grant-to-loan conversions due to grant We are proposing new §§ 686.43(a)(7) in error, and any other portion of that recipients’ failure to submit and (8) to provide greater transparency period when the grant was improperly documentation of qualifying teaching related to the process by which a in loan status should not be counted service in a timely manner. However, TEACH Grant recipient may request against the remaining portion of the we recognize that these situations may reconsideration of the conversion of a grant recipient’s eight-year service still occasionally arise, and believe it TEACH Grant to a loan if the recipient obligation period once the loan has been would be appropriate in such cases to believes that the grant was converted in changed back to a grant. To address provide a means by which the recipient error, and the Secretary’s actions after these concerns, the Department agreed could have the conversion reversed making a determination on a grant to add proposed §§ 686.43(a)(7)(i)(A) within a reasonable period of time after recipient’s reconsideration request. and (B). the date of conversion. Accordingly, Although a process currently exists for As an example to illustrate how the proposed § 686.43(a)(5) would provide grant recipients to request reconversion provisions in proposed that if a grant recipient’s TEACH Grants of a TEACH Grant to a loan, that process §§ 686.43(a)(7)(i)(A) and (B) would be are converted to a Direct Unsubsidized is not reflected in the current applied, consider the case of a grant Loan because the grant recipient did not regulations. recipient who completed one academic begin or maintain qualifying teaching The Department originally proposed year of qualifying teaching service service within a timeframe that would that if a TEACH Grant recipient who during the first year of the eight-year allow the recipient to complete the requests reconsideration of the service obligation, then had his or her required four years of teaching within conversion of a TEACH Grant to a loan TEACH Grants converted to a loan and the eight-year service obligation period, demonstrates to the satisfaction of the submitted a request for reconsideration the Secretary would change the loan Secretary that the grant was converted based on the belief that the grants were back to a TEACH Grant if, within one in error, the Secretary would reconvert converted in error. After submitting the the loan to a TEACH Grant, notify the year of the conversion date, the reconsideration request, the grant recipient of the reconversion to a grant, recipient provides the Secretary with recipient continued to perform and explain that the grant recipient is documentation showing that he or she qualifying teaching service for an once again responsible for meeting all is satisfying the service obligation. additional academic year while the requirements of the service obligation. Secretary evaluated the recipient’s We are proposing to add new During the negotiated rulemaking request. The Secretary determines that § 686.43(a)(6) in response to a request sessions, some non-federal negotiators the grants converted to a loan in error from non-federal negotiators to include expressed concerns that the and reconverts the loans to TEACH in the regulations a process comparable Department’s proposal was too limited Grants. We would apply the year of to what is described in proposed in scope and would not provide qualifying teaching that the recipient § 686.43(a)(5) for grant recipients whose adequate relief to grant recipients whose completed while the grants were in loan grants were converted to loans for grants were converted to loans in error. status toward the recipient’s four-year reasons other than the condition In particular, these non-federal service obligation requirement, and the describe in proposed § 686.43(a)(1)(ii), negotiators believed it was important to recipient would have six years such as recipients whose grants were specify in the regulations that any remaining to complete the remaining converted due to their failure to meet academic years of qualifying teaching two years of the service obligation. In certification requirements or recipients service performed by the grant recipient contrast, if the recipient did not whose grants were improperly while their grant was improperly in loan complete any additional academic years converted to loans. Under proposed status due to an erroneous conversion of qualifying teaching following the § 686.43(a)(6), in contrast to proposed would be applied toward satisfaction of conversion, and one year elapsed from § 686.43(a)(5), there would be no the service obligation requirement, and the time the recipient submitted a maximum timeframe following that the period during which the grant reconsideration request until the conversion within which a grant was improperly in loan status would not Secretary made a determination that the recipient must provide documentation count against the eight-year service grants had been converted in error, the showing that he or she was satisfying obligation period. recipient would then have seven years the service obligation requirements. The The non-federal negotiators believed remaining to complete the required non-federal negotiators supported that the additional financial burden three additional years of teaching to proposed § 686.43(a)(5), but many were resulting from the conversion of a grant fully satisfy the service obligation. We concerned that this provision is too recipient’s TEACH Grants to loans could would exclude the one-year period limited in scope and that the one-year lead a grant recipient to leave his or her when the grants were incorrectly in loan period for submitting documentation teaching position at a low-income status from the eight-year service would not help grant recipients who school and obtain a higher paying job obligation period. were meeting the service obligation while awaiting a decision from the The non-federal negotiators also urged requirements, but had their grants Secretary on the request for the Department to specify in the converted to loans prior to the effective reconsideration of the conversion. The regulations that if the Secretary date of the new regulations. These non- non-federal negotiators felt strongly that determines that a recipient’s TEACH federal negotiators felt strongly that the if the Secretary determines that a grant Grants were converted to a loan in error, regulations should provide a recipient’s TEACH Grant was converted the grant recipient would receive credit VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67807 for any payments that he or she made changed back to a grant unless the environment, public health or safety, or on the loan that was later reconverted to Secretary determines that the grant was State, local, or Tribal governments or a TEACH Grant. Proposed converted to a loan in error. The main communities in a material way (also § 686.43(a)(7)(ii) provides for this. If the negotiating committee agreed with these referred to as an ‘‘economically Secretary determines that a recipient’s proposals. significant’’ rule); grants were converted to a loan in error, (2) Create serious inconsistency or Directed Questions and the recipient made payments on the otherwise interfere with an action taken loan, the payments that the recipient (1) If a grant recipient completed one or planned by another agency; made would be reapplied to reduce the or more academic years of qualifying (3) Materially alter the budgetary outstanding balance on the recipient’s teaching service during the period the impacts of entitlement grants, user fees, other Direct Loans, if any, unless the grant was wrongly in loan status, under or loan programs or the rights and recipient requested a refund of the proposed § 686.43(a)(7)(i)(A) the obligations of recipients thereof; or payments. We would automatically Secretary will credit the recipient for (4) Raise novel legal or policy issues refund payments to the recipient if the those years of service and not include arising out of legal mandates, the recipient has no other Direct Loans. the period the grant was wrongly in loan President’s priorities, or the principles Non-federal negotiators were also status in the eight-year service period stated in the Executive order. concerned that grant recipients who during which the grant recipient must Under Executive Order 12866, section have their TEACH Grants erroneously complete their service obligation. In 3(f)(1), the changes proposed in this converted to a loan may not be able to addition to not including this period, if regulatory action would materially alter handle the increased student loan debt, the grant recipient does not have the rights and obligations of recipients and this could lead to delinquency or sufficient time to complete such service of Federal financial assistance under default. Accordingly, the non-federal within the eight-year period once the title IV of the HEA. Therefore, the negotiators asked the Department to error is corrected, should the Secretary Secretary certifies that this is a specify in the regulations that we would further extend the period in which the significant regulatory action subject to delete any derogatory information recipient has to complete the required review by OMB. Also, under Executive reported to consumer reporting agencies service by an additional period equal to Order 12866 and the Presidential in connection with the loan, and that 8 years minus the number of years of Memorandum ‘‘Plain Language in upon a request from the recipient, the qualified teaching service completed by Government Writing,’’ the Secretary Secretary would provide a statement the recipient? invites comment on how easy these explaining the conversion error that the (2) If a grant recipient did not regulations are to understand in the recipient could provide to creditors. The complete one or more academic years of Clarity of the Regulations section. Department agreed with the non-federal qualifying teaching service during the Under Executive Order 13771, for negotiators and has included this period the grant was wrongly in loan each new regulation that the provision in proposed § 686.43(a)(7)(iv). status, under proposed Department proposes for notice and We are proposing new § 686.43(a)(9) § 686.43(a)(7)(i)(B) the Secretary will not comment or otherwise promulgates that to clarify in the regulations that a grant include the period the grant was is a significant regulatory action under recipient is obligated to meet all wrongly in loan status in the eight-year Executive Order 12866 and that imposes requirements of the service obligation service period during which the grant total costs greater than zero, it must even if the recipient does not receive the recipient must complete their service identify two deregulatory actions. For notices from the Secretary described in obligation. In addition to not including FY 2019, any new incremental costs proposed § 686.43(a)(2). If a recipient this period, if the grant recipient does associated with a new regulation must does not receive the notices because he not have sufficient time to complete be fully offset by the elimination of or she failed to provide updated contact such service within the eight-year existing costs through deregulatory information to the Secretary or for any period once the error is corrected, actions. The proposed regulations are a other reason, this would not provide a should the Secretary further extend the significant regulatory action under basis for the recipient to assert that he period in which the recipient has to Executive Order 12866. However, or she is no longer responsible for complete the required service by an Executive Order 13771 does not apply satisfying the terms and conditions of additional period equal to 8 years minus to ‘‘transfer rules’’ that cause only the agreement to serve or repay that the the number of years of qualified income transfers between taxpayers and recipient signed. teaching service completed by the program beneficiaries. Because the In § 686.43(c)(2), which currently recipient? portion of the regulation relating to the provides that a grant recipient whose TEACH Grant Program is a transfer rule TEACH Grant is converted to a Direct Executive Orders 12866, 13563, and and because the remaining proposed Unsubsidized Loan is eligible for all of 13771 Regulatory Impact Analysis regulatory changes impose minimal the benefits of the Direct Loan Program, Under Executive Order 12866, the estimated costs of approximately $1.27 including an in-school deferment, we Office of Management and Budget million in annualized net PRA costs at are proposing to remove the words (OMB) must determine whether this a 7 percent discount rate, discounted to ‘‘including an in-school deferment’’ regulatory action is ‘‘significant’’ and, a 2016 equivalent, over a perpetual time because it is sufficient to simply state therefore, subject to the requirements of horizon, the requirement to offset new that the recipient would be eligible for the Executive order and subject to regulations in Executive Order 13771 all Direct Loan Program benefits. There review by OMB. Section 3(f) of does not apply. Accordingly, the is no reason to specifically refer to the Executive Order 12866 defines a Department is not required to identify in-school deferment benefit. ‘‘significant regulatory action’’ as an two deregulatory actions under Finally, for consistency with action likely to result in a rule that Executive Order 13771. Also, one of the proposed changes in other sections of may— benefits of this regulatory action is to the proposed regulations, we are (1) Have an annual effect on the help improve the process of certification proposing to amend § 686.43(d) to economy of $100 million or more, or by TEACH grantees and provide less provide that a TEACH Grant that has adversely affect a sector of the economy, restrictive qualification criteria by been converted to a loan cannot be productivity, competition, jobs, the expanding the pool of schools under VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67808 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules certain circumstances that would be sources, as well as regulatory in a position that did not qualify for eligible for meeting the teaching service alternatives we considered. TEACH Grant service and 33 percent requirement. cited not working as a certified teacher. Need for Regulatory Action We have also reviewed these Other factors related to teachers having proposed regulations under Executive In 2007, Congress established the grants converted to loans included not Order 13563, which supplements and Teacher Education Assistance for knowing about annual certification, explicitly reaffirms the principles, College and Higher Education (TEACH) challenges related to the certification structures, and definitions governing Grant Program to increase the number of process, and recipients who were never regulatory review established in teachers in high-need fields in low- certain of their intention to teach or who Executive Order 12866. To the extent income schools. In exchange for changed to a nonteaching position prior permitted by law, Executive Order receiving a TEACH Grant, recipients to meeting their service obligation. 13563 requires that an agency— agree to teach in a high-need field such To address the concerns raised by (1) Propose or adopt regulations only as reading, mathematics, or science, at these studies, we are proposing on a reasoned determination that their a low-income school, for at least four amendments that are intended to benefits justify their costs (recognizing years in an eight-year period and facilitate the process of documenting that some benefits and costs are difficult annually certify that they intend to meet satisfaction of the service obligation to quantify); this requirement. If a recipient does not requirements and ensure that recipients (2) Tailor its regulations to impose the meet the grant requirements or the who fulfill their service obligation least burden on society, consistent with annual certification requirements, the receive credit for it. This should also obtaining regulatory objectives and grant converts to a Federal Direct help to reduce the percentage of TEACH taking into account—among other things Unsubsidized Loan with interest Grants that get converted to Direct and to the extent practicable—the costs charged from the date of each TEACH Unsubsidized Loans and help promote of cumulative regulations; Grant disbursement. the TEACH Grant Program’s desired (3) In choosing among alternative A 2015 Government Accountability outcomes. regulatory approaches, select those Office (GAO) report found that around The proposed regulations also speak approaches that maximize net benefits 36,000 out of more than 112,000 TEACH to issues concerning eligibility and (including potential economic, Grant recipients had not fulfilled distribution of financial aid to various environmental, public health and safety, TEACH Grant requirements and had faith-based entities. In response to the and other advantages; distributive their grants converted to loans (GAO, Supreme Court’s decision in Trinity impacts; and equity); 2015).13 GAO concluded that The Lutheran Church of Columbia, Inc. v. (4) To the extent feasible, specify Department needs to explore ways to Comer (137 S. Ct. 2012 (2017)) and performance objectives, rather than the increase awareness among students of Executive Order 13798 (U.S. Attorney behavior or manner of compliance a how the TEACH Grant program operates General Memorandum on Federal Law regulated entity must adopt; and and improve program management, Protections for Religious Liberty (5) Identify and assess available especially with respect to the grant-to- (October 6, 2017)), the Department alternatives to direct regulation, loan conversion dispute process. GAO engaged in a full review of its including economic incentives—such as further noted that the Department regulations related to title IV, HEA user fees or marketable permits—to should take steps to understand why programs in order to identify provisions encourage the desired behavior, or teachers often do not meet the TEACH that may discriminate against otherwise provide information that enables the program requirements. GAO reiterated eligible students and faith-based entities public to make choices. that the goal of reducing grant-to-loan by disqualifying them from title IV, HEA Executive Order 13563 also requires conversions and increasing program programs due to their religious beliefs in an agency ‘‘to use the best available completion should help drive the violation of the Free Exercise Clause of techniques to quantify anticipated Department’s efforts. These proposed the First Amendment to the United present and future benefits and costs as regulations help to address GAO’s States Constitution. The Department accurately as possible.’’ The Office of concerns. proposes to make changes to regulatory Information and Regulatory Affairs of A 2018 study conducted for the provisions that may discriminate against OMB has emphasized that these Department by the American Institutes students or faith-based entities based on techniques may include ‘‘identifying for Research (U.S. Department of their religious beliefs to ensure changing future compliance costs that Education, 2018) 14 found that as of June compliance with the Free Exercise might result from technological 2016, 63 percent of TEACH Grant Clause of the First Amendment. innovation or anticipated behavioral recipients who started their eight-year Discussion of Costs and Benefits changes.’’ service obligation period before July We are issuing these proposed 2014 had their grants converted to The Department has analyzed the regulations only on a reasoned Unsubsidized Loans because they did costs and benefits of complying with determination that their benefits justify not meet the service obligation these proposed regulations and our their costs. Based on the analysis that requirements or the annual certification estimates are a function of the follows, the Department believes that requirements. For instance, the study uncertainty and limitations of relevant these regulations are consistent with the reported that 39 percent of recipients data. As discussed below, we believe principles in Executive Order 13563. who were in loan status cited teaching that these proposed regulations will We also have determined that this result in modest costs to the Federal regulatory action does not unduly 13 Government Accountability Office. (2015). government and will benefit recipients interfere with State, local, or Tribal Higher Education: Better Management of Federal of support under the affected programs. governments in the exercise of their Grant and Loan Forgiveness Programs for Teachers governmental functions. Needed to Improve Participant Outcomes (GAO 15– Benefits of the Proposed Regulations In this regulatory impact analysis, we 314). Washington, DC: United States Government With respect to the TEACH Grant Accountability Office. discuss the need for regulatory action, 14 U.S. Department of Education. (2018). Study of Program, we anticipate that by the potential costs and benefits, the Teacher Education Assistance for College and simplifying and clarifying certification assumptions, limitations, and data Higher Education (TEACH) Program. procedures and providing greater VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67809 flexibility to recipients to meet their the loan conversion rate. However, percent rate were reduced by 10 service obligation, the proposed students fail to meet the TEACH Grant percentage points to 56 percent, there regulations would result in a decrease in service requirements for many reasons, would be a cost of about $7.7 million the number of TEACH Grant recipients including teaching in positions that do based on the 2020 cohort. However, this that have their grants converted to not qualify or changing to non-teaching cost to the Federal Government would loans. We further anticipate that this employment. For instance, the PPSS/ also result in a benefit to student outcome and the expansion of AIR study cited earlier reported that TEACH Grant recipients who would not opportunities that students can use to approximately 39 percent of TEACH have to repay their TEACH Grants that fulfill the service obligation could result recipients whose grants had been were converted to loans. Note that these in more teachers teaching in high-need converted to loans reported teaching in are five percentage percentage-point fields at low-income schools as well as a position that did not qualify for the intervals, and not percentage decreases in authorized teacher shortage areas. TEACH program, 33 percent reported of the current rate. The regulations we propose related to not teaching or not completing the The current regulations do not permit other programs would also reduce the teaching certificate, 32 percent stated a TEACH Grant recipient to satisfy the potential for discrimination against they did not understand the service service obligation by teaching in a students and faith-based institutions requirements, and about 44 percent o geographic region of a State that has due to their religious beliefs in violation reported factors related to the annual been designated in the Nationwide List of the Free Exercise Clause of the First certification process as influencing them as having a shortage of teachers, or by Amendment of the Constitution. to not complete the program teaching at a particular grade level not associated with a high-need field that Costs of the Proposed Regulations requirements. Since respondents could select more than one response category, has been designated in the Nationwide Regarding changes to the TEACH the total percentage does not add to 100 List as having a shortage of teachers. Grant Program, the proposed changes percent. Of those that indicated the Instead, the recipient must teach in a would potentially improve the reporting annual certification process was a high-need field listed in the Nationwide and documentation process for grant problem, the distribution revealed that List. recipients and could lead to a reduction about 19 percent said they did not know The proposed regulations would in the number of grant-to-loan about the annual certification process; remove this restriction. For example, conversions. According to Department 13 percent reported not certifying under the proposed regulations, a grant data, the percentage of TEACH Grant because of challenges to the certification recipient could satisfy the service recipients with one or more years of process; 9 percent reported not obligation by serving as a full-time qualified teaching service after six or certifying because they forgot, and about highly qualified general elementary more years following their last TEACH 2 percent listed other reasons. school or secondary school teacher at a award has been increasing steadily. The low-income school in a State that has While predicting how recipients improvements to the process for reported a general shortage of might change behavior due to the recipients to document their teaching elementary or secondary teachers in the proposed regulations is speculative, the service included in these proposed Nationwide List. This is not allowed PPSS/AIR responses give us reason to regulations should help prevent under the current regulations. assume that there could be unintended grant to loan conversions. Therefore, the proposed regulations improvement based on the recipients For FY 2020, The Department would allow grant recipients who are estimates that approximately 32,000 who cited the certification process as a unable to find qualifying teaching jobs recipients will receive TEACH Grants factor in their conversion. Such in a high-need field to meet the service with a value of $97.2 million in grants, improvement would logically lead to obligation by teaching at a low-income and an average award of slightly over some reduction in the grant-to-loan school located in a geographic teacher $3,000. To provide some background, conversion rate. shortage area or at a grade level where over the past five years from fiscal year Given an estimated grant-to-loan there is a shortage of teachers. This 2014 through fiscal year 2018, the conversion rate, it is possible to identify could facilitate increased opportunities Department has provided a total of a series of costs for a series of for TEACH recipients toward meeting $449.3 million in TEACH grant funding percentage reductions that give context the service obligation and perhaps to 159,317 students. Based on program to the potential impact that the impact the conversion rate to loans. But, data, the Department estimates that 66 proposed regulations would have. it would be speculative to assume any percent of students receiving TEACH specific amount of change in the Grants will fail to complete their FIVE PERCENTAGE POINT INTERVAL conversion rate attributable to potential required service commitment and will GRANT-TO-LOAN CONVERSION COSTS expanded teaching opportunities. Also, have their grants converted to Direct the proposed change might result in a Unsubsidized Stafford Loans. Cost number of grant recipients simply Percentage point reduction ($millions) Using a sensitivity analysis of grant- transferring from one low-income to-loan conversions, we estimate that for 5 ...... 3.8 school to another low-income school to the 2020 cohort, a one percent reduction 10 ...... 7.7 accept a teaching position that might in the grant-to-loan conversion would 15 ...... 11.5 previously have not been eligible. result in a cost to the Federal 20 ...... 15.4 Based on available data from the Government of $767,663, since each 25 ...... 19.2 Department’s Teacher Shortage Area grant that is not converted to a loan listing,15 there are about 10 states, where the student is obligated to pay it The above table suggests that if the including California, Idaho, Illinois, back remains a grant. The Department grant-to-loan conversion rate were Maine, Michigan, North Dakota, South recognizes the percentage change that reduced from the estimated 66 percent Dakota, Pennsylvania, Virginia, West the proposed regulations would have on to 61 percent—a five percentage point Virginia and the District of Columbia, the percentage of conversions is reduction—the Federal Government that appear to have teacher shortages uncertain. The Department intends that would incur additional costs of about these regulatory changes should reduce $3.8 million. And, if the projected 66 15 https://tsa.ed.gov/#/reports. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67810 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules particularly in the elementary education grant-to-loan conversion rate and result The proposed regulations would area that could potentially expand the in additional cost to the Federal remove current provisions that state that eligible teaching opportunities for Government, we have estimated a net a member of a religious order pursuing TEACH Grant recipients compared to budget impact of that change. a course of study in an institution of the opportunities available under the In addition to the 3 percent decrease higher education has no financial need current regulations. According to attributed to the changes to the high for purposes of the Pell Grant Program, National Center for Education Statistics needs field requirements, we assume Federal Perkins Loan Program, FWSP, data, these states represented that the additional changes to the FSEOG, FFEL Program, or the Direct approximately 27 percent of teachers in TEACH Grant program described in this Loan Program. Despite this proposed change, the public elementary and secondary preamble will decrease grant-to-loan additional eligibility for student aid for schools in the 2011–12 Schools and conversions. We expect this effect will a very small group of participants in a Staffing Survey data, both for overall be lower for existing cohorts as given religious order would not, in our teachers and for those in their first 10 improved counseling is more applicable 16 estimation, result in any additional years of teaching. As indicated in the to future participants and participants significant financial aid costs to the PPSS/AIR responses, approximately 15 who took out TEACH Grants several government. We have little firm data on percent of those whose grants converted years ago may be established in jobs that to loans said they were unable to find the number of members in religious may not qualify or may have moved on a job in a high-need field and adjusting orders subject to the proposed changes from the profession, possibly limiting for nationwide percentage of public who would actually choose to accept the ways those with older TEACH grants schools with 30 percent or more of the financial aid for which they are may respond to the proposed students receiving a free and reduced eligible. For instance, the Franciscans regulations. As a result, we applied the lunch of approximately 70 percent,17 we are perhaps the largest and most well- decreases shown in Table [2] to the estimate that the changes removing the known mendicant religious order, grant-to-loan conversion rate to the high needs field requirement in which means the priests take a vow of President’s Budget 2020 baseline. For qualifying States will reduce the overall poverty. According to a 2013 past cohorts, the changes are applied grant-to-loan conversion rate by reference,18 there are around 14,000 first approximately 3 percent., so relieving only to future years of activity. order Franciscan members, including that requirement for those states would 9,700 priests. Even considering other have some net budget impact. TABLE 2—GRANT-TO-LOAN orders within the Franciscans and Nevertheless, while the proposed CONVERSION RATE DECREASE FACTOR additional smaller monastic sects such changes would expand options for grant as the Benedictines and Dominicans, the Decrease recipients to meet the service obligation Cohorts (percent) membership estimates would not be by allowing grant recipients who are not large. Thus, the Department believes teaching in a high-need subject area to 2008–2012 ...... 4 that the pool of members potentially qualify by teaching at a low-income 2013–2019 ...... 9 impacted by this regulatory change is school in a geographic shortage area or 2020–2029 ...... 15 already small to begin with and the in a grade-level shortage area, we do not proposed regulations are not going to believe the proposed regulations would The estimated net budget impact is a induce changes in member practices lead to a significant increase in the cost of $119.98 million, including a and would not result in measurable actual number of TEACH grant modification to existing cohorts of $15.8 financial aid estimates. Note that there recipients. We would welcome million and a cost for cohorts 2020 to are already many religiously oriented comments from the public as to whether 2029 of $104.2 million. We welcome postsecondary institutions that are title the expansion of teaching options comments on the estimated effects of IV eligible and are not affected by these would result in an increase in the the proposed regulations and will proposed regulations. Therefore, the number of TEACH grant recipients. consider any information received in proposed changes would allow our Overall, the proposed regulations evaluating the final regulations. regulations to be consistent with the have the potential to improve some Supreme Court decision in Trinity aspects of the certification process and A number of the proposed changes to Lutheran Church of Columbia, Inc. v. opportunities for recipients to meet the regulations relate to the eligibility of Comer without involving a significant their service requirements, which would certain entities and recipients to economic impact. benefit recipients, in keeping with the participate in the title IV programs. The The proposed regulatory changes original goal of the program. As several proposed regulations remove language would also affect PSLF. Under the provisions are expected to decrease the prohibiting borrowers with Perkins proposed regulations, certain loans made before July 1, 1993 and institutions that are tax-exempt under 16 U.S. Department of Education, National Center National Defense Student Loans (NDSL) section 501(c)(3) of the Internal Revenue for Education Statistics, Digest of Education made between October 1, 1980 and July Code that are religious organizations Statistics 2017, Table 209.30. Highest degree 1, 1993 from obtaining deferments would be considered public service earned, years of full-time teaching experience, and during periods of otherwise eligible full- average class size for teachers in public elementary eligible employers for purposes of PSLF. and secondary schools, by state: 2011–12. Data not time volunteer work that includes However, the proposed regulations reported for 5 states, including the District of providing religious instruction, would provide that, while working for Columbia, so percentage is adjusted to be total of conducting religious services, such an employer, no time spent by a those reporting. proselytizing, or engaging in fundraising borrower involving religious 17 United States Department of Education, to support religious activities. The small National Center for Education Statistics, Condition instruction, worship services, or of Education—Characteristics of Traditional Public group of borrowers expected to benefit proselytizing could be used toward Schools and Charter Schools, Figure 3. Percentage from these changes and the heavy meeting the full-time requirement of traditional public schools and public charter discounting effect that would apply to stipulated for PSLF. schools, by percentage of students eligible for free any deferment costs on such old loans, or reduced-price lunch: School year 2016–17. Available at https://nces.ed.gov/programs/coe/ we do not estimate any budget impact 18 Annuario Pontificio 2013 (Libreria Editrice indicator_cla.asp. from these changes. Vaticana 2013 ISBN 978–88–209–9070–1), p. 1422. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67811 This consensus language actually private schools represented only 0.1 Clarity of the Regulations codifies existing program practice that percent of schools served by the Executive Order 12866 and the makes religious organizations eligible to program and, even among the grantees Presidential memorandum ‘‘Plain be PSLF employers, but prohibits time serving such schools, private schools Language in Government Writing’’ spent on specific religious duties from represented 0.9 percent of the total require each agency to write regulations counting toward the full-time PSLF schools they served. As such, we do not that are easy to understand. The requirement. Therefore, due to believe that the proposed requirement Secretary invites comments on how to operational practice since program relating to the employment relationship make these proposed regulations easier inception and including baseline between individuals providing services to understand, including answers to assumptions, the Department has in such schools and the schools questions such as the following: already been implementing the policy themselves is likely to have a large • Are the requirements in the proposed in the NPRM. As a result, the impact on the administration of the proposed regulations clearly stated? proposed changes would ‘‘catch up’’ the program. • Do the proposed regulations contain regulations with the program as it is technical terms or other wording that currently being executed and simply Regarding who may serve as a fiscal agent for a GEAR UP Grant, as noted interferes with their clarity? codify the current operational process. • In fact, the application form for PSLF above, the proposed regulations would Does the format of the proposed (OMB No. 1845–0110) specifically states allow pervasively sectarian institutions regulations (use of headings, that a qualifying employer includes a of higher education to serve in such a paragraphing, etc.) aid or reduce their capacity. However, nothing in the clarity? ‘‘not-for-profit organization that is tax- • exempt under Section 501(c)(3) of the current GEAR UP regulations precludes Would the proposed regulations be Internal Revenue Code’’ but makes no a pervasively sectarian institution of easier to understand if we divided them exclusion for religious purposes. The higher education from being a member into more (but shorter) sections? (A application also makes it clear that in of a GEAR UP partnership. As such, ‘‘section’’ is preceded by the symbol performing job duties toward the full- pervasively sectarian institutions can ‘‘§ ’’ and a numbered heading; for time requirement, a borrower’s currently participate in and provide example, § 106.9 Dissemination of services under a GEAR UP grant. The policy.) qualifying employment at a 501(c)(3) • organization or a not-for-profit Department does not have readily Could the description of the organization does not include time available data to identify all members of proposed regulations in the spent participating in religious GEAR UP partnerships and whether SUPPLEMENTARY INFORMATION section of instruction, worship services, or any they are pervasively sectarian. With this preamble be more helpful in form of proselytizing. We do not such information, the Department could making the proposed regulations easier estimate any significant increase in more easily quantify the potential to understand? If so, how? • PSLF costs, given that the program has number of partnerships affected by the What else could we do to make the already been operating consistently with change. However, even without such proposed regulations easier to the proposed requirements. information, given that pervasively understand? The proposed changes to the GEAR sectarian institutions are already eligible To send any comments that concern UP program regulations would clarify members of partnerships, we do not how the Department could make these that providers of GEAR UP services to believe the change to allow them to proposed regulations easier to students enrolled in private schools serve as fiscal agents would understand, see the instructions in the must be contracted independently of the dramatically change the makeup of the ADDRESSES section of the preamble. private schools and would allow GEAR UP applicant pool. Any Regulatory Flexibility Act Certification pervasively sectarian institutions of pervasively sectarian institution that The Secretary certifies that the higher education to serve as fiscal currently wishes to participate in the proposed rule, if promulgated, will not agents for GEAR UP grants. In general, GEAR UP program is able to do so and have a significant economic impact on the Department does not estimate costs this change would only result in a shift a substantial number of small entities. associated with changes to regulations in who has primary fiscal liability for In fact, the primary entities who are governing competitive grant programs as the grant. participation in such programs is affected by the proposed regulations are voluntary. However, it is possible that Alternatives Considered individual students, not organizations, certain changes in the regulatory businesses, or governmental units. This framework governing a competitive With respect to the TEACH Grant holds true for the faith-based grant program could produce transfers program, we considered not including component of the NPRM that addresses in program benefits among entities or provisions related to the current individuals participating in religious recipients of services. reconsideration process in the proposed orders, or student borrowers applying Regarding the provision requiring regulations, maintaining the current for PSLF. Similarly, the proposed providers of services to students counseling requirements without adding changes to the TEACH Grant Program enrolled in private schools to be a separate conversion counseling regulations primarily affect students independent of the school, the requirement, maintaining instead of who are interested in teaching and Department first assessed the extent to expanding the current regulations apply for a TEACH grant. which GEAR UP services are currently related to qualifying teacher shortage Of the entities that would be affected provided to students enrolled in such areas for fulfilling the service obligation, by the proposed regulations, many schools. During the most recent and not expanding allowable institutions, especially religiously reporting period, GEAR UP grantees suspensions beyond those that are oriented schools, would be considered reported serving students in 4,033 currently available. For the faith-based small. The Department recently schools. Of those schools, the provisions, we considered not making proposed a size classification based on Department was only able to identify the proposed changes and leaving the enrollment using IPEDS data that five private schools in which students current regulatory language in place as established the percentage of received GEAR UP services. In total, written. institutions in various higher education VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67812 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules sectors considered to be small entities, proposed size standards, ‘‘small Administration, and while no change as shown in Table [6].19 This size entities’’ have an enrollment of 1,000 has been finalized, the Department classification was described in the students or less at 4-year schools or 500 continues to believe this approach better NPRM published in the Federal students or less at 2-years schools. The reflects a common basis for determining Register on July 31, 2018 for the Department has discussed the proposed size categories that is linked to the proposed borrower defense rule (83 FR standard with the Chief Counsel for provision of educational services. 37242, 37302). Under the Department’s Advocacy of the Small Business TABLE 6—SMALL ENTITIES UNDER ENROLLMENT BASED DEFINITION Level Type Small Total Percent 2-year ...... Public ...... 342 1,240 28 2-year ...... Private ...... 219 259 85 2-year ...... Proprietary ...... 2,147 2,463 87 4-year ...... Public ...... 64 759 8 4-year ...... Private ...... 799 1,672 48 4-year ...... Proprietary ...... 425 558 76 Total ...... 3,996 6,951 57 The proposed regulations would without jeopardizing their religious does not display a currently valid OMB affect students who belong to religious mission. Nothing in the proposed control number. orders and those students most likely regulations would require institutions to In the final regulations we will attend institutions with a religious expand their enrollment, take on display the control numbers assigned by mission. In general, we believe religious additional students, or to participate in OMB to any collection requirements institutions are more likely to be small title IV aid programs, but the proposed proposed in this NPRM and adopted in institutions. However, the proposed regulations would give them that the final regulations. regulations do not affect the title IV opportunity. eligibility of such institutions. Indeed, Paperwork Reduction Act of 1995 Section 686.12—Agreement To Serve or even schools that are controlled by Repay various religious organizations and do As part of its continuing effort to not adhere to certain title IX civil rights reduce paperwork and respondent Requirements: Under proposed provisions can still participate in title IV burden, the Department provides the § 686.12 the TEACH Grant agreement to financial aid programs if they receive a general public and Federal agencies serve or repay would need to be waiver from parts of title IX that conflict with an opportunity to comment on expanded and updated with revised with the school’s religious doctrine. proposed and continuing collections of definitions, requirements, and According to the Department’s Office information in accordance with the explanations of the program and of Civil Rights, since 1976 there have Paperwork Reduction Act of 1995 (PRA) participant conditions, and options as been 277 religious institutions of higher (44 U.S.C. 3506(c)(2)(A)). This helps discussed in the preamble. education that have received a religious ensure that: The public understands the Burden Calculation: We believe that exemption from title IX civil rights laws Department’s collection instructions, the proposed changes and updates due to certain title IX provisions that respondents can provide the requested would require changes to the TEACH conflict with the school’s religious data in the desired format, reporting Grant agreement to serve form currently beliefs. Most of those schools maintain burden (time and financial resources) is eligibility for title IV funding while minimized, collection instruments are approved under OMB Control Number holding a partial exemption from title clearly understood, and the Department 1845–0083, but that those changes IX. In some cases, there are religious- can properly assess the impact of would not impact the current burden based schools who on their own choose collection requirements on respondents. associated with this form. We estimate not to participate at all in title IX or title Part 686 contains information that, on average, it would take a grant IV, but the proposed regulations would recipient 30 minutes (.50 hours) to not impact that limited number of collection requirements. Under the PRA the Department has submitted a copy of review and complete the updated schools. agreement, which is done electronically. We do not expect that the proposed these sections to OMB for its review. A Federal agency may not conduct or We anticipate 50,793 TEACH applicants regulations would have a significant would annually utilize the agreement economic impact on small entities. sponsor a collection of information accepting the program terms, including Nothing in the proposed regulations unless OMB approves the collection the required teaching service, or the would compel institutions, small or not, under the PRA and the corresponding conversion of the grant to a Direct to engage in substantive changes to their information collection instrument programs. Therefore, there is no displays a currently valid OMB control Unsubsidized Loan if such service is not estimated associated institutional number. met or the applicant does not otherwise burden. Notwithstanding any other provision comply with the terms of the agreement. Even if the affected institutions were of law, no person is required to comply Based on one response per applicant, considered small entities, the proposed with, or is subject to penalty for failure we estimate an annual reporting burden regulations are designed to permit them to comply with, a collection of for individuals of 25,397 hours (50,793 to participate in title IV programs information if the collection instrument × .50 hours). 19 U.S. Department of Education, National Center Education Data System 2016 Institutional downloaded March 3, 2018. Available at for Education Statistics. Integrated Postsecondary Characteristics: Directory Information survey file nces.ed.gov/ipeds/datacenter/DataFiles.aspx. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67813 § 686.12—AGREEMENT TO SERVE OR REPAY—OMB CONTROL NUMBER 1845–0083 Time to respond Entity Respondent Responses (hours) Burden hours Individual ...... 50,793 50,793 .50 25,397 Total ...... 50,793 50,793 ...... 25,397 Section 686.32—Counseling currently available. The changes to the TEACH Grant Program and how it is Requirements initial, subsequent, exit, and new reported. conversion counseling information Burden Calculation: We believe that Requirements: The proposed collection would be completed and the proposed changes to the required regulations in § 686.32 would expand made available for comment through a service obligation would require a new the information that is provided to full public clearance package after certification form. During the 2018 TEACH Grant recipients during initial, publication of the final rule and before calendar year, Department records subsequent, and exit counseling. The being made available for use by the indicate we received documentation for proposed regulations would add a new effective date of the regulations. 52,989 grantees regarding yearly service conversion counseling requirement for obligation completion. We estimate that Section 686.40—Documenting the grant recipients whose TEACH Grants to meet the requirements of § 686.40 Service Obligation are converted to Direct Unsubsidized each respondent would need 20 minutes Loans. Requirements: The proposed (.33 hours) to complete the certification Burden Calculation: We believe that regulations would clarify the form. the proposed expansion and revision of requirements regarding the We estimate the total burden of the required program counseling would documentation of completion of the 17,486 hours (52,989 × .33 hours) under require changes to the counseling teaching service obligation in the OMB Control Number 1845–NEW1. § 686.40—DOCUMENTING THE SERVICE OBLIGATION—OMB CONTROL NUMBER 1845–NEW1 Time to respond Entity Respondent Responses (hours) Burden hours Individual ...... 52,989 52,989 .33 17,486 Total ...... 52,989 52,989 ...... 17,486 Section 686.41—Periods of Suspension estimate the total burden of 194 hours We anticipate that we would receive (589 × .33 hours). documentation supporting suspension Requirements: The proposed During the 2018 calendar year, of 25 grantees based on military orders regulations would add new conditions Department records indicate we for the grantee’s spouse. We estimate under which a TEACH Grant recipient received documentation supporting that to meet the requirements in may receive a temporary suspension of suspension of 334 grantees for proposed § 686.41(a)(1)(v), each the period for completing the service qualifying leave under the Family and respondent would need 20 minutes (.33 obligation. Medical Leave Act of 1993. We estimate hours) to complete the certification Burden Calculation: We believe that that to meet the requirements in form. We estimate the total burden of 8 the proposed new conditions to receive proposed § 686.41(a)(1)(iii), each hours (25 × .33 hours). respondent would need 20 minutes (.33 a temporary suspension of the period for We anticipate that we would receive hours) to complete the certification completing the service obligation would documentation supporting suspension form. We estimate the total burden of require a new temporary suspension × of 500 grantees based on residing or form. 110 hours (334 .33 hours). During the 2018 calendar year, being employed in a federally declared During the 2018 calendar year, Department records indicate we major disaster area. We estimate that to Department records indicate we received documentation supporting meet the requirements in proposed received documentation supporting suspension of 24 grantees for call to § 686.41(a)(1)(vi), each respondent suspension of 589 grantees for military service. We estimate that to would need 20 minutes (.33 hours) to enrollment to complete licensure meet the requirements in proposed complete the certification form. We requirements. We estimate that to meet estimate the total burden of 165 hours § 686.41(a)(1)(iv), each respondent × the requirements in proposed would need 20 minutes (.33 hours) to (500 .33 hours). § 686.41(a)(1)(ii), each respondent complete the certification form. We We estimate the total burden of 485 would need 20 minutes (.33 hours) to estimate the total burden of 8 hours (24 hours (1,472 × .33 hours) under OMB complete the certification form. We × .33 hours). Control Number 1845–NEW1. § 686.41—PERIODS OF SUSPENSION—OMB CONTROL NUMBER 1845–NEW1 Time to respond Entity Respondent Responses (hours) Burden hours Individual (a)(1)(ii) ...... 589 589 .33 194 VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67814 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules § 686.41—PERIODS OF SUSPENSION—OMB CONTROL NUMBER 1845–NEW1—Continued Time to respond Entity Respondent Responses (hours) Burden hours Individual (a)(1)(iii) ...... 334 334 .33 110 Individual (a)(1)(iv) ...... 24 24 .33 8 Individual (a)(1)(v) ...... 25 25 .33 8 Individual (a)(1)(vi) ...... 500 500 .33 165 Total ...... 1,472 1,472 ...... 485 Section 686.42—Discharge of agreement to serve or repay based on meet the requirements in proposed Agreement To Serve or Repay military service. § 686.42(c), each respondent would Burden Calculation: During the 2018 need 20 minutes (.33 hours) to complete Requirements: The proposed calendar year, Department records the new certification form also used for regulations would revise the language indicate we received documentation military service suspension. for conditions under which a TEACH supporting suspension of 10 grantees for We estimate the total burden of 3 Grant recipient may discharge an discharge due to an extended call to hours (10 × .33 hours) under OMB military service. We estimate that to Control Number 1845–NEW1. § 686.42—DISCHARGE OF AGREEMENT TO SERVE OR REPAY—OMB CONTROL NUMBER 1845–NEW1 Time to respond Entity Respondent Responses (hours) Burden hours Individual ...... 10 10 .33 3 Total ...... 10 10 ...... 3 Section 686.43—Obligation To Repay during the 2018 calendar year there service obligation or because the the Grant were 52,989 TEACH Grant recipients recipient did not provide evidence of who submitted evidence of completed meeting the service obligation as Requirements: The proposed teaching service. We estimate that an required under § 686.43(a)(4). We regulations would simplify the rules additional 25 percent of that figure or estimate that grant recipients would governing when a TEACH Grant will be about 13,247 grant recipients would be require 10 minutes (.17 hours) to review converted to a Direct Unsubsidized working toward their teaching the information in the notice. We Loan, as well as provide for annual obligation for a total of 66,236 grant estimate the total burden of 1,800 notifications from the Secretary to the recipients who would receive the burden hours (10,591 × .17 hours). recipient regarding the status of a annual notice from the Secretary as Additionally, there would be burden recipient’s TEACH Grant service required under proposed § 686.43(a)(2). obligation. Under the proposed on any TEACH Grant recipient whose We estimate that grant recipients would grant was involuntarily converted to a regulations, a TEACH Grant recipient require 10 minutes (.17 hours) to review Direct Unsubsidized Loan to request could request conversion if the recipient the information provided in each annual reconsideration from the Secretary. decides not to fulfill the TEACH Grant notice. We estimate the total burden of Based on the Department’s data, during obligations for any reason or if the 11,260 hours (66,236 × .17 hours). recipient fails to begin or maintain There would be burden on those calendar year 2018 there were 282 qualifying teaching service within a recipients who are notified that their correctable conversions of TEACH timeframe to complete the service TEACH Grant will be converted to a Grants into loans. We estimate that a obligation in the requisite eight-year loan if the recipient does not submit recipient would require 15 minutes (.25 period. Additionally, the proposed required documentation to show that hours) to gather documentation to regulations describe the notifications they are satisfying the service present to the Secretary and make such the Secretary would annually send to all obligation. Based on the Department’s a request as required under TEACH Grant recipients regarding the § 686.43(a)(5). We estimate a total data, during calendar year 2018 there × service obligation requirements. were a total of 10,591 TEACH Grant burden of 71 burden hours (282 .25 Burden Calculation: We believe that recipients whose grants were converted hours). the proposed regulations would require to loans based on the recipients’ We estimate a total burden of 13,131 action on the part of TEACH grant voluntary request, or because the burden hours under OMB Control recipients. Based on Department data recipient was out of time to perform the Number 1845–NEW2. § 686.43—OBLIGATION TO REPAY THE GRANT—OMB CONTROL NUMBER 1845–NEW2 Time to respond Entity Respondent Responses (hours) Burden hours Individual (a)(2) ...... 66,236 66,236 .17 11,260 Individual (a)(4) ...... (*) 10,591 .17 1,800 Individual (a)(5) ...... (*) 282 .25 71 VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67815 § 686.43—OBLIGATION TO REPAY THE GRANT—OMB CONTROL NUMBER 1845–NEW2—Continued Time to respond Entity Respondent Responses (hours) Burden hours Total ...... 66,236 71,109 ...... 13,131 * These respondents would be part of the universe of respondents who receive the annual notifications and are not summed to avoid duplica- tion of respondents. The estimated cost to the recipients is hour averaged for 2018 elementary, salaries from the 2019 Bureau of Labor $1,665,679, based on the $29.48 per middle school and high school teacher Statistics Occupational Handbook. BILLING CODE 4000–01–P VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67816 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 0MB Control No. and Regulatory estimated Estimated Information collection section burden costs (change in burden) §686.12 Under proposed §686.12 the 1845-0083 $748,704 Agreement to TEACH Grant agreement to +25,397 serve or serve or repay would need hours repay to be expanded and updated with revised definitions, requirements, and explanations of the program and participant conditions, and options as discussed in the preamble. §686.40 The proposed regulations 1845-NEWl $515,487 Documenting would clarify the +17,486 the service requirements regarding the hours obligation documentation of completion of the teaching service obligation in the TEACH Grant Program and how it is reported. §686.41 The proposed regulations 1845-NEWl $14,298 Periods of would add new conditions +485 hours suspension under which a TEACH Grant recipient may receive a temporary suspension of the period for completing the service obligation. §686.42 The proposed regulations 1845-NEWl $88 Discharge of would revise the language +3 hours agreement to for conditions under which serve or a TEACH Grant recipient repay may discharge an agreement to serve or repay based on military service. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4725 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 EP11DE19.000 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67817 §686.42 The proposed regulations 1845-NEW2 $387,102 Obligation to would simplify the rules +13,131 repay the governing when a TEACH hours grant Grant will be converted to a Direct Unsubsidized Loan, as well as provide for annual notifications from the Secretary to the recipient regarding the status of a recipient's TEACH Grant service obligation. Under the proposed regulations, TEACH Grant recipients could request conversion if the recipient decides not to fulfill the TEACH Grant obligations for any reason or if the recipient fails to begin or maintain qualifying teaching service within a timeframe to complete the service obligation in the requisite eight-year period. Additionally, the proposed regulations describe the notifications the Secretary would annually send to all TEACH Grant recipients regarding the service obligation requirements. BILLING CODE 4000–01–C Intergovernmental Review listed under FOR FURTHER INFORMATION CONTACT. Collections of Information These programs are not subject to Electronic Access to This Document: Executive Order 12372 and the The total burden hours and change in The official version of this document is regulations in 34 CFR part 79. burden hours associated with each OMB the document published in the Federal control number affected by the proposed Assessment of Educational Impact Register. You may access the official regulations follows: edition of the Federal Register and the In accordance with section 411 of Code of Federal Regulations at Total GEPA, 20 U.S.C. 1221e–4, the Secretary www.govinfo.gov. At this site you can proposed Proposed change particularly requests comments on view this document, as well as all other Control No. burden in burden hours hours whether the proposed regulations would documents of this Department require transmission of information that published in the Federal Register, in 1845–0083 25,397 No change in any other agency or authority of the text or Adobe Portable Document hours. United States gathers or makes Format (PDF). To use PDF, you must 1845– 17,974 +17,974 hours. available. have Adobe Acrobat Reader, which is NEW1. Accessible Format: Individuals with available free at the site. 1845– 13,131 +13,131 hours. disabilities can obtain this document in You may also access documents of the NEW2. an accessible format (e.g., braille, large Department published in the Federal Total ... 56,502 +56,502 hours. print, audiotape, or compact disc) on Register by using the article search request to the program contact person feature at: www.federalregister.gov. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 EP11DE19.001 67818 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules Specifically, through the advanced proposes to amend parts 674, 675, 676, tax-exempt organization may provide search feature at this site, you can limit 682, 685, 686, 690, 692, and 694 of title health, retirement, and other fringe your search to documents published by 34 of the Code of Federal Regulations as benefits to the volunteer that are the Department. (Catalog of Federal follows: substantially equivalent to the benefits Domestic Assistance Number does not offered to other employees of the apply.) PART 674—FEDERAL PERKINS LOAN organization. PROGRAM List of Subjects (iv) The borrower has agreed to serve on a full-time basis for a term of at least ■ 1. The authority citation for part 674 34 CFR Part 674 one year. continues to read as follows: Loan programs—education, Reporting Authority: 20 U.S.C. 1070g, 1087aa– PART 675—FEDERAL WORK-STUDY and recordkeeping, Student aid. 1087hh; Pub. L. 111–256, 124 Stat. 2643; PROGRAMS 34 CFR Part 675 unless otherwise noted. ■ ■ 5. The authority citation for part 675 Colleges and universities, 2. Section 674.9 is amended by: is revised to read as follows: Employment, Grant programs— ■ a. In the introductory text, removing the word ‘‘A’’ and adding the words Authority: 20 U.S.C. 1070g, 1087, 1094; 42 education, Reporting and recordkeeping U.S.C. 2751–2756b; unless otherwise noted. requirements, Student aid. ‘‘Prior to October 1, 2017, a’’ at the beginning of the sentence. ■ 6. Section 675.9 is amended by 34 CFR Part 676 ■ b. In the introductory text, removing revising paragraph (c) to read as follows: Grant programs—education, the word ‘‘is’’, and adding, in its place, Reporting and recordkeeping the word ‘‘was’’. § 675.9 Student eligibility. requirements, Student aid. ■ c. Revising paragraph (c). * * * * * The revision reads as follows: (c) Has financial need as determined 34 CFR Part 682 in accordance with part F of title IV of § 674.9 Student eligibility. Administrative practice and the HEA. procedure, Colleges and universities, * * * * * ■ 7. Section 675.20 is amended by Loan programs—education, Reporting (c) Has financial need as determined revising paragraph (c)(2)(iv) to read as and recordkeeping requirements, in accordance with part F of title IV of follows: Student aid, Vocational education. the HEA. § 675.20 Eligible employers and general 34 CFR Part 685 § 674.35 [Amended] conditions and limitation on employment. ■ Administrative practice and 3. Section 674.35 is amended by * * * * * procedure, Colleges and universities, removing paragraph (c)(5)(iv) and (c) * * * Loan programs—education, Reporting redesignating paragraph (c)(5)(v) as (2) * * * and recordkeeping requirements, paragraph (c)(5)(iv). (iv) Involve the construction, ■ Student aid, Vocational education. 4. Section 674.36 is amended by operation, or maintenance of so much of revising paragraph (c)(4) to read as any facility as is used or is to be used 34 CFR Part 686 follows: for sectarian instruction or as a place for Administrative practice and § 674.36 Deferment of repayment—NDSLs religious worship. procedure, Colleges and universities, made on or after October 1, 1980, but before * * * * * Education, Elementary and secondary July 1, 1993. education, Grant programs—education, * * * * * PART 676—FEDERAL Reporting and recordkeeping (c) * * * SUPPLEMENTAL EDUCATIONAL requirements, Student aid. (4) A full-time volunteer in service OPPORTUNITY GRANT PROGRAM 34 CFR Part 690 which the Secretary has determined is ■ 8. The authority citation for part 676 comparable to service in the Peace continues to read as follows: Colleges and universities, Education Corps or under the Domestic Volunteer of disadvantaged, Grant programs— Service Act of 1973 (ACTION Authority: 20 U.S.C. 1070b–1070b–3, education, Reporting and recordkeeping programs). The Secretary considers that unless otherwise noted. requirements, Student aid. a borrower is providing comparable ■ 9. Section 676.9 is amended by 34 CFR Part 692 service if he or she satisfies the revising paragraph (c) to read as follows: following four criteria: Colleges and universities, Grant (i) The borrower serves in an § 676.9 Student eligibility. programs—education, Reporting and organization that is exempt from * * * * * recordkeeping requirements, Student taxation under the provisions of section (c) Has financial need as determined aid. 501(c)(3) of the Internal Revenue Code in accordance with part F of title IV of 34 CFR Part 694 of 1954. the HEA. Colleges and universities, Elementary (ii) The borrower provides service to low-income persons and their PART 682—FEDERAL FAMILY and secondary education, Grant EDUCATION LOAN (FFEL) PROGRAM programs—education, Reporting and communities to assist them in recordkeeping requirements, Student eliminating poverty and poverty-related ■ 10. The authority citation for part 682 aid. human, social, and environmental continues to read as follows: conditions. Dated: November 22, 2019. (iii) The borrower does not receive Authority: 20 U.S.C. 1071–1087–4, unless Betsy DeVos, compensation that exceeds the rate otherwise noted. Secretary of Education. prescribed under section 6 of the Fair ■ 11. Section 682.210 is amended by For the reasons discussed in the Labor Standards Act of 1938 (the revising paragraph (m)(1)(iv) to read as preamble, the Secretary of Education Federal minimum wage), except that the follows: VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67819 § 682.210 Deferment. by the Bureau of Labor Statistics), suspension in accordance with § 686.41. * * * * * public education, public library If the student does not satisfy the (m) * * * services, school library or other school- service obligation, the amounts of the (1) * * * based services; and TEACH Grants received are treated as a (iv) Does not include time spent (ii) Is not a business organized for Direct Unsubsidized Loan and must be participating in religious instruction, profit, a labor union, or a partisan repaid with interest charged from the worship services, or any form of political organization. date of each TEACH Grant proselytizing; and (c) * * * disbursement. A TEACH Grant that has * * * * * (1) * * * been converted to a Direct Unsubsidized (ii) Is employed full-time by a public Loan can be reconverted to a grant only § 682.301 [Amended] service organization or serving in a full- in accordance with § 686.43. ■ 12. Section 682.301 is amended by time AmeriCorps or Peace Corps ■ 18. Section 686.2 is amended by: removing paragraph (a)(2) and position— ■ a. In paragraph (b), adding in redesignating paragraph (a)(3) as (A) When the borrower makes the 120 alphabetical order an entry for ‘‘Free paragraph (a)(2). monthly payments described under application for Federal student aid paragraph (c)(1)(iii) of this section; (FAFSA)’’ following ‘‘Expected family PART 685—WILLIAM D. FORD (B) At the time of application for loan contribution (EFC)’’. FEDERAL DIRECT LOAN PROGRAM forgiveness; and ■ b. In paragraph (d), removing the (C) At the time the remaining ■ 13. The authority citation for part 685 definition of ‘‘Agreement to serve principal and accrued interest are continues to read as follows: (ATS)’’ and adding, in alphabetical forgiven. order, a definition for ‘‘Agreement to Authority: 20 U.S.C 1070g, 1087a, et seq., * * * * * serve or repay’’. unless otherwise noted. (4) Time spent participating in ■ c. In paragraph (d), adding in § 685.200 [Amended] religious instruction, worship services, alphabetical order the definition of ■ 14. Section 685.200 is amended by or any form of proselytizing while ‘‘Educational service agency’’. ■ removing and reserving paragraph employed by a non-profit organization d. In paragraph (d), in paragraph (5) of (a)(2)(ii). under section 501(c)(3) of the Internal the definition of ‘‘High-need field’’, ■ 15. Section 685.219 is amended by: Revenue Code is not included toward adding the phrase ‘‘, including, but not ■ a. In paragraph (b), revising the meeting the full-time requirement under limited to, computer science’’ after the definition of ‘‘Public service paragraph (c)(1)(ii) of this section. word ‘‘Science’’. ■ organization’’; * * * * * e. In paragraph (d), in paragraph (7) of ■ b. Revising paragraph (c)(1)(ii); and the definition of ‘‘High-need field’’, ■ c. Adding paragraph (c)(4). PART 686—TEACHER EDUCATION removing the words ‘‘in accordance The revisions and addition read as ASSISTANCE FOR COLLEGE AND with 34 CFR 682.210(q)’’. ■ follows: HIGHER EDUCATION (TEACH) GRANT f. In paragraph (d), revising the PROGRAM definition of ‘‘Highly-qualified’’. § 685.219 Public Service Loan Forgiveness ■ g. In paragraph (d), removing the ■ Program. 16. The authority citation for part 686 definition of ‘‘School serving low- * * * * * continues to read as follows: income students (low-income school)’’ (b) * * * Authority: 20 U.S.C. 1070g, et seq., unless and adding, in alphabetical order, a Public service organization means: otherwise noted. definition for ‘‘School or educational (1) A Federal, State, local, or Tribal ■ 17. Section 686.1 is revised to read as service agency serving low-income government organization, agency, or follows: students (low-income school)’’. entity; ■ h. In paragraph (d), revising the (2) A public child or family service § 686.1 Scope and purpose. definition of ‘‘TEACH Grant-eligible agency; The TEACH Grant program awards program’’. (3) A non-profit organization under grants to students who intend to teach, ■ i. In paragraph (d), adding in section 501(c)(3) of the Internal Revenue to help meet the cost of their alphabetical order a definition for Code that is exempt from taxation under postsecondary education. In exchange ‘‘Teacher Shortage Area Nationwide section 501(a) of the Internal Revenue for the grant, the student must agree to Listing (Nationwide List)’’. Code; serve as a full-time teacher in a high- The additions and revisions read as (4) A Tribal college or university; or need field in a school serving low- follows: (5)(i) A private organization that income students, or as a full-time provides the following public services: teacher in a high-need field for an § 686.2 Definitions. Emergency management, military educational service agency serving low- * * * * * service, public safety, law enforcement, income students, for at least four (d) * * * public interest law services, early academic years within eight years of Agreement to serve or repay: An childhood education (including ceasing enrollment at the institution agreement under which the individual licensed or regulated child care, Head where the student received the grant or, receiving a TEACH Grant commits to Start, and State funded pre- in the case of a student who receives a meet the service obligation or repay the kindergarten), public service for TEACH Grant at one institution and loan as described in § 686.12 and to individuals with disabilities and the subsequently transfers to another comply with notification and other elderly, public health (including nurses, institution and enrolls in another provisions of the agreement. nurse practitioners, nurses in a clinical TEACH Grant-eligible program, within * * * * * setting, and full-time professionals eight years of ceasing enrollment at the Educational service agency: A engaged in health care practitioner other institution. The eight-year period regional public multiservice agency occupations and health care support for completing the required four years of authorized by State statute to develop, occupations, as such terms are defined teaching does not include periods of manage, and provide services or VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67820 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules programs to local educational agencies (B) Demonstrates competence in all service agencies serving low-income (LEAs). the academic subjects in which the students. * * * * * teacher teaches based on a highly * * * * * Highly qualified: (i) When used with objective uniform State standard of TEACH Grant-eligible program: An respect to any public elementary school evaluation that— eligible program, as defined in § 668.8 of or secondary school teacher in a State, (1) Is set by the State for both grade- this chapter, is a program of study at a means that— appropriate academic subject matter TEACH Grant-eligible institution that is (A) The teacher has obtained full State knowledge and teaching skills; designed to prepare an individual to certification as a teacher (including (2) Is aligned with challenging State teach as a highly qualified teacher in a certification obtained through academic content and student academic high-need field and leads to a alternative routes to certification) or achievement standards and developed baccalaureate or master’s degree, or is a passed the State teacher licensing in consultation with core content post-baccalaureate program of study. A examination, and holds a license to specialists, teachers, principals, and two-year program of study that is teach in such State, except that when school administrators; acceptable for full credit toward a used with respect to any teacher (3) Provides objective, coherent baccalaureate degree is considered to be teaching in a public charter school, the information about the teacher’s a program of study that leads to a term means that the teacher meets the attainment of core content knowledge in baccalaureate degree. requirements set forth in the State’s the academic subjects in which a * * * * * public charter school law; and teacher teaches; Teacher shortage area nationwide (B) The teacher has not had (4) Is applied uniformly to all teachers listing (Nationwide List): A list of certification or licensure requirements in the same academic subject and the teacher shortage areas, as defined in waived on an emergency, temporary, or same grade level throughout the State; § 682.210(q)(8)(vii) of this chapter, in provisional basis. each State. (5) Takes into consideration, but is (ii) When used with respect to— ■ 19. Section 686.10 is revised to read (A) An elementary school teacher who not based primarily on, the time the as follows: is new to the profession, means that the teacher has been teaching in the teacher— academic subject; § 686.10 Application. (1) Holds at least a bachelor’s degree; (6) Is made available to the public To receive a grant under this part, a and upon request; and student must— (2) Has demonstrated, by passing a (7) May involve multiple, objective (a) Complete and submit the Free rigorous State test, subject knowledge measures of teacher competency. application for Federal student aid and teaching skills in reading, writing, (iv)(A) When used with respect to any (FAFSA) in accordance with the mathematics, and other areas of the public, or other non-profit private, instructions in the FAFSA; basic elementary school curriculum elementary or secondary school teacher (b) Complete and sign an agreement to (which may consist of passing a State- who is exempt from State certification serve or repay in accordance with required certification or licensing test or requirements means that the teacher is § 686.12; and tests in reading, writing, mathematics, permitted to and does satisfy rigorous (c) Provide any additional information and other areas of the basic elementary subject knowledge and skills tests by requested by the Secretary and the school curriculum); or taking competency tests in the institution. (B) A middle or secondary school applicable grade levels and subject § 686.11 [Amended] teacher who is new to the profession, areas. ■ 20. Section 686.11 is amended by: means that the teacher holds at least a (B) For purposes of paragraph (iv)(A) ■ a. In paragraph (a)(1)(i), removing the bachelor’s degree and has demonstrated of this definition, the competency tests words ‘‘submitted a completed a high level of competency in each of taken by a private school teacher must application’’ and adding, in their place, the academic subjects in which the be recognized by five or more States for the words ‘‘met the application teacher teaches by— the purpose of fulfilling the highly requirements in § 686.10’’. (1) Passing a rigorous State academic qualified teacher requirements as ■ b. Removing paragraph (a)(1)(ii). subject test in each of the academic described in paragraphs (i) through (iii) ■ c. Redesignating paragraphs (a)(1)(iii), subjects in which the teacher teaches of this definition, and the score (iv), and (v) as paragraphs (a)(1)(ii), (iii), (which may consist of a passing level of achieved by the teacher on each test and (iv), respectively. performance on a State-required must equal or exceed the average ■ d. In paragraph (b) introductory text, certification or licensing test or tests in passing score of those five States. removing the words ‘‘submitted a each of the academic subjects in which * * * * * completed application’’ and adding, in the teacher teaches); or their place, the words ‘‘met the (2) Successful completion, in each of School or educational service agency serving low-income students (low- application requirements in § 686.10’’. the academic subjects in which the ■ e. Removing paragraph (b)(1). teacher teaches, of an academic major, income school): An elementary school, ■ f. Redesignating paragraphs (b)(2) and a graduate degree, coursework secondary school, or educational service (3) as paragraphs (b)(1) and (2), equivalent to an undergraduate agency that is listed in the Department’s respectively. academic major, or advanced Teacher Cancellation Low-Income ■ 21. Section 686.12 is revised to read certification or credentialing. (TCLI) Directory. The Secretary as follows: (iii) When used with respect to an considers all elementary and secondary elementary, middle, or secondary school schools and educational service § 686.12 Agreement to serve or repay. teacher who is not new to the agencies operated by the Bureau of (a) General. A student who meets the profession, means that the teacher holds Indian Education (BIE) in the eligibility requirements in § 686.11 may at least a bachelor’s degree and— Department of the Interior or operated receive a TEACH Grant only after he or (A) Has met the applicable standard on Indian reservations by Indian Tribal she signs an agreement to serve or repay in paragraph (2) of this definition, groups under contract or grant with the provided by the Secretary and receives which includes an option for a test; or BIE to qualify as schools or educational counseling in accordance with § 686.32. VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67821 (b) Contents of the agreement to serve §§ 686.40 through 686.43 that the completing the service obligation to or repay. The agreement to serve or Secretary determines to be necessary. begin when the grant recipient ceases to repay— (c) Completion of the service be enrolled at the institution where he (1) Provides that, for each TEACH obligation. (1) A grant recipient must or she has re-enrolled. Grant-eligible program for which the complete one service obligation for all (3) In the case of a TEACH Grant student received TEACH Grant funds, TEACH Grants received for recipient covered under paragraph the grant recipient must fulfill a service undergraduate study, and one service (c)(2)(i) or (ii) of this section who obligation by performing creditable obligation for all TEACH Grants completed one or more complete teaching service by serving— received for graduate study. Each academic years of creditable teaching (i) As a full-time teacher for a total of service obligation begins when the grant service as described in § 686.12(b) not less than four elementary or recipient ceases enrollment at the during the period between the grant secondary academic years within eight institution where the TEACH Grants recipient’s withdrawal and re- years after the date the recipient ceased were received, or, in the case of a grant enrollment— to be enrolled at the institution where recipient who receives a TEACH Grant (i) The Secretary does not adjust the the recipient received the TEACH Grant, at one institution and subsequently starting date of the period for or in the case of a student who receives transfers to another institution, within completing the service obligation unless a TEACH Grant at one institution and eight years from the date the grant requested by the recipient; subsequently transfers to another recipient ceases enrollment at the other (ii) The completed teaching service institution and enrolls in another institution. However, creditable counts toward satisfaction of the grant TEACH Grant-eligible program, within teaching service, a suspension approved recipient’s service obligation under eight years of ceasing enrollment at the under § 686.41(a)(2), or a military paragraph (c)(2)(i) of this section; and other institution; discharge granted under § 686.42(c)(2) (iii) If the grant recipient continues to (ii) In a low-income school as defined may apply to more than one service perform creditable teaching service after in § 686.2(d) and subject to the obligation. re-enrolling in a TEACH Grant-eligible requirements under § 686.40(a)(3); (2) Unless paragraph (c)(3) of this program, the grant recipient may receive section applies— (iii) As a highly qualified teacher as credit toward satisfaction of the service (i) In the case of a TEACH Grant obligation for any complete academic defined in § 686.2(d); and recipient who withdraws from an (iv) In a high-need field in the years of creditable teaching performed institution before completing a while the recipient is concurrently majority of classes taught during each baccalaureate or post-baccalaureate elementary and secondary academic enrolled in the TEACH Grant-eligible program of study for which he or she program only if the recipient does not year; received TEACH Grants, but later re- (2) Requires the grant recipient to request and receive a temporary enrolls at the same institution or at a suspension of the period for completing submit, upon completion of each year of different institution in either the same service, documentation of the service in the service obligation under baccalaureate or post-baccalaureate § 686.41(a)(1)(i). the form of a certification by a chief program or in a different TEACH Grant- administrative officer of the school; (d) Teaching in a high-need field eligible baccalaureate or post- listed in the Nationwide List. For a grant (3) Explains that the eight-year period baccalaureate program prior to the date recipient’s teaching service in a high- for completing the service obligation that his or her TEACH Grants are need field listed in the Nationwide List does not include periods of suspension converted to Direct Unsubsidized Loans to count toward satisfying the in accordance with § 686.41; under § 686.43(a)(1)(ii) and receives recipient’s service obligation, the high- (4)(i) Explains the conditions under additional TEACH Grants or the need field in which he or she prepared which a TEACH Grant may be converted Secretary otherwise confirms that the to teach must be listed in the to a Direct Unsubsidized Loan, as grant recipient has re-enrolled in a Nationwide List for the State in which described in § 686.43; TEACH Grant-eligible program, the the grant recipient teaches— (ii) Explains that, if a TEACH Grant is Secretary adjusts the starting date of the (1) For teaching service performed converted to a Direct Unsubsidized period for completing the service before July 1, 2010, at the time the grant Loan, the grant recipient must repay the obligation to begin when the grant recipient begins teaching in that field, loan in full, with interest charged from recipient ceases to be enrolled at the even if that field subsequently loses its the date of each TEACH Grant institution where he or she has re- high-need designation for that State; or disbursement; and enrolled; and (2) For teaching service performed on (iii) Explains that to avoid further (ii) In the case of a TEACH Grant or after July 1, 2010— accrual of interest as described in recipient who withdraws from an (i) At the time the grant recipient paragraph (b)(4)(ii) of this section, a institution before completing a master’s begins teaching in that field, even if that grant recipient who decides not to teach degree program of study for which he or field subsequently loses its high-need in a qualified school or field, or who for she received TEACH Grants, but later re- designation for that State; or any other reason no longer intends to enrolls at the same institution or at a (ii) At the time the grant recipient satisfy the service obligation, may different institution in either the same signed the agreement to serve or repay request that the Secretary convert his or master’s degree program or in a different or received the TEACH Grant, even if her TEACH Grant to a Direct TEACH Grant eligible master’s degree that field subsequently loses its high- Unsubsidized Loan so that the grant program prior to the date that his or her need designation for that State before recipient may begin repaying TEACH Grants are converted to Direct the grant recipient begins teaching in immediately, instead of waiting for the Unsubsidized Loans under that field. TEACH Grant to be converted to a loan § 686.43(a)(1)(ii) and receives additional under the condition described in TEACH Grants or the Secretary § 686.21 [Amended] § 686.43(a)(1)(ii); and otherwise confirms that the grant ■ 22. Section 686.21 is amended by: (5) Requires the grant recipient to recipient has re-enrolled in a TEACH ■ a. In paragraph (a)(2)(i), removing the comply with the terms, conditions, and Grant-eligible program, the Secretary word ‘‘aggregate’’ and adding, in its other requirements consistent with adjusts the starting date of the period for place, the word ‘‘total’’; VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67822 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules ■ b. In paragraph(a)(2)(ii), removing the (vi) Emphasize to the grant recipient (i) Review the terms and conditions of word ‘‘aggregate’’ and adding, in its that if the grant recipient fails or refuses the TEACH Grant agreement to serve or place, the word ‘‘total’’; to complete the service obligation repay as described in § 686.12; ■ c. In paragraph (a)(2)(ii), removing the contained in the agreement to serve or (ii) Emphasize to the grant recipient words ‘‘a master’s degree’’ and adding, repay or any other condition of the that if the grant recipient fails or refuses in their place, the words ‘‘graduate agreement to serve or repay— to complete the service obligation study’’. (A) The TEACH Grant must be repaid contained in the agreement to serve or as a Direct Unsubsidized Loan; and repay or any other condition of the § 686.31 [Amended] (B) The grant recipient will be agreement to serve or repay— ■ 23. Section 686.31 is amended by: ■ obligated to repay the full amount of (A) The TEACH Grant must be repaid a. In paragraph (a)(3), adding the each grant and the accrued interest from as a Direct Unsubsidized Loan; and words ‘‘or repay’’ after the word each disbursement date; (B) The grant recipient will be ‘‘serve’’. (vii) Explain the circumstances, as obligated to repay the full amount of the ■ b. In paragraph (e)(2)(ii), removing the described in § 686.43, under which a grant and the accrued interest from the word ‘‘Federal’’ before the words TEACH Grant will be converted to a disbursement date; ‘‘Direct Unsubsidized Loan’’. ■ 24. Section 686.32 is amended by: Direct Unsubsidized Loan; (iii) Explain the circumstances, as ■ a. Revising paragraphs (a)(3), (b)(3), (viii) Explain that— described in § 686.43, under which a and (c)(4) and (5); (A) To avoid further accrual of TEACH Grant will be converted to a ■ b. In paragraph (d), adding the phrase interest as described in Direct Unsubsidized Loan; ‘‘paragraphs (a) through (c) of’’ after the § 686.12(b)(4)(ii), a grant recipient who (iv) Explain that— words ‘‘compliance with’’; and decides not to teach in a qualified (A) To avoid further accrual of ■ c. Adding paragraph (e). school or field, or who for any other interest as described in The revisions and addition read as reason no longer intends to satisfy the § 686.12(b)(4)(ii), a grant recipient who follows: service obligation, may request that the decides not to teach in a qualified Secretary convert his or her TEACH school or field, or who for any other § 686.32 Counseling Requirements. Grant to a Direct Unsubsidized Loan reason no longer intends to satisfy the (a) * * * that the grant recipient may begin service obligation, may request that the (3) The initial counseling must— repaying immediately, instead of Secretary convert his or her TEACH (i) Explain the terms and conditions waiting for the TEACH Grant to be Grant to a Direct Unsubsidized Loan of the TEACH Grant agreement to serve converted to a loan under the condition that the grant recipient may begin or repay as described in § 686.12; described in § 686.43(a)(1)(ii); and repaying immediately, instead of (ii) Provide the grant recipient with (B) If the grant recipient requests that waiting for the TEACH Grant to be information about how to identify low- a TEACH Grant be converted to a Direct converted to a loan under the condition income schools and documented high- Unsubsidized Loan in accordance with described in § 686.43(a)(1)(ii); and need fields; § 686.43(a)(1)(i), the conversion of the (B) If the grant recipient requests that (iii) Inform the grant recipient that, for TEACH Grant to a loan cannot be a TEACH Grant be converted to a Direct the teaching to count towards the reversed; Unsubsidized Loan in accordance with recipient’s service obligation, the high- (ix) Emphasize that, once a TEACH § 686.43(a)(1)(i), the conversion of the need field in which he or she has Grant is converted to a Direct TEACH Grant to a loan cannot be prepared to teach must be— (A) One of the six high-need fields Unsubsidized Loan, it may be reversed; listed in § 686.2; or reconverted to a grant only if— (v) Emphasize that, once a TEACH (B) A high-need field that is listed in (A) The Secretary determines that the Grant is converted to a Direct the Nationwide List for the State in grant has been converted to a loan in Unsubsidized Loan, it may be which the grant recipient teaches— error; or reconverted to a grant only if-– (1) At the time the grant recipient (B) In the case of a grant recipient (A) The Secretary determines that the begins teaching in that field, even if that whose TEACH Grant was converted to grant has been converted to a loan in field subsequently loses its high-need a Direct Unsubsidized Loan in error; or designation for that State; or accordance with § 686.43(a)(1)(ii), (B) In the case of a grant recipient (2) For teaching service performed on within one year of the conversion date whose TEACH Grant was converted to or after July 1, 2010, at the time the the grant recipient provides a Direct Unsubsidized Loan in grant recipient signed the agreement to documentation showing that he or she accordance with § 686.43(a)(1)(ii), serve or repay or received the TEACH is satisfying the service obligation within one year of the conversion date Grant, even if that field subsequently within the eight-year service obligation the grant recipient provides loses its high-need designation for that period; documentation showing that he or she State before the grant recipient begins (x) Review for the grant recipient is satisfying the service obligation teaching in that field; information on the availability of the within the eight-year service obligation (iv) Inform the grant recipient of the Department’s Student Loan period; and opportunity to request a suspension of Ombudsman’s office; (vi) Review for the grant recipient the eight-year period for completion of (xi) Describe the likely consequences information on the availability of the the agreement to serve or repay and the of loan default, including adverse credit Department’s Student Loan conditions under which a suspension reports, garnishment of wages, Federal Ombudsman’s office. may be granted in accordance with offset, and litigation; and (c) * * * § 686.41; (xii) Inform the grant recipient of (4) The exit counseling must— (v) Explain to the grant recipient that sample monthly repayment amounts (i) Review the terms and conditions of conditions, such as conviction of a based on a range of student loan the TEACH Grant agreement to serve or felony, could preclude the grant indebtedness. repay as described in § 686.12 and recipient from completing the service (b) * * * emphasize to the grant recipient that the obligation; (3) Subsequent counseling must— four-year service obligation must be VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67823 completed within the eight-year period service obligation, may request that the (iv) Provides information on the described in § 686.12; Secretary convert his or her TEACH effects of loan consolidation including, (ii) Explain the treatment of a grant Grant to a Direct Unsubsidized Loan at a minimum— recipient who withdraws from and then that the grant recipient may begin (A) The effects of consolidation on reenrolls in a TEACH Grant-eligible repaying immediately, instead of total interest to be paid, and length of program at a TEACH Grant eligible waiting for the TEACH Grant to be repayment; institution as described in § 686.12(c); converted to a loan under the condition (B) The effects of consolidation on a (iii) Inform the grant recipient of the described in § 686.43(a)(1)(ii); and borrower’s underlying loan benefits, opportunity to request a suspension of (B) If the grant recipient requests that including grace periods, loan the eight-year period for completion of the TEACH Grant be converted to a forgiveness, cancellation, and deferment the service obligation and the Direct Unsubsidized Loan in accordance opportunities; and conditions under which a suspension with § 686.43(a)(1)(i), the conversion of (C) The options of the borrower to may be granted in accordance with the TEACH Grant to a loan cannot be prepay the loan and to change § 686.41; reversed; repayment plans; (iv) Provide the grant recipient with (x) Emphasize that once a TEACH (v) Includes debt-management information about how to identify low- Grant is converted to a Direct strategies that are designed to facilitate income schools and documented high- Unsubsidized Loan it may be repayment; need fields; reconverted to a grant only if— (vi) Explains to the borrower the (v) Inform the grant recipient that, for availability of Public Service Loan (A) The Secretary determines that the the teaching to count towards the Forgiveness and teacher loan grant was converted to a loan in error; recipient’s service obligation, the high- forgiveness; or need field in which he or she has (vii) Explains how the borrower may prepared to teach must be— (B) In the case of a grant recipient request reconsideration of the (A) One of the six high-need fields whose TEACH Grant was converted to conversion of the TEACH Grant to a listed in § 686.2; or a Direct Unsubsidized Loan in Direct Unsubsidized Loan if the (B) A high-need field that is listed in accordance with § 686.43(a)(1)(ii), borrower believes that the grant was the Nationwide List for the State in within one year of the conversion date converted to a loan in error; which the grant recipient teaches— the grant recipient provides (viii) Describes the likely (1) At the time the grant recipient documentation showing that he or she consequences of default, including begins teaching in that field, even if that is satisfying the service obligation adverse credit reports, delinquent debt field subsequently loses its high-need within the eight-year service obligation collection procedures under Federal designation for that State; or period; and law, and litigation; (2) For teaching service performed on (xi) Explain to the grant recipient how (ix) Informs the borrower of the grace or after July 1, 2010, at the time the to contact the Secretary. period as described in § 686.43(c); grant recipient signed the agreement to (5) If exit counseling is conducted (x) Provides— serve or repay or received the TEACH through interactive electronic means, an (A) A general description of the terms Grant, even if that field subsequently institution must take reasonable steps to and conditions under which a borrower loses its high-need designation for that ensure that each grant recipient receives may obtain full or partial forgiveness or State before the grant recipient begins the counseling materials and discharge of the loan (including under teaching in that field; participates in and completes the exit the Public Service Loan Forgiveness (vi) Emphasize to the grant recipient counseling. Program), defer repayment of the loan, that if the grant recipient fails or refuses * * * * * or be granted a forbearance on to complete the service obligation (e) Conversion counseling. (1) At the repayment of the loan; and contained in the agreement to serve or time a TEACH Grant recipient’s TEACH (B) A copy, either in print or by repay or fails to meet any other Grant is converted to a Direct electronic means, of the information the condition of the agreement to serve or Unsubsidized Loan, the Secretary Secretary makes available pursuant to repay— conducts conversion counseling with section 485(d) of the HEA; (A) The TEACH Grant must be repaid the recipient by interactive electronic (xi) Requires the borrower to provide as a Direct Unsubsidized Loan; and means and by mailing written current information concerning name, (B) The grant recipient will be counseling materials to the most recent address, Social Security number, and obligated to repay the full amount of address provided by the recipient. driver’s license number and State of each grant and the accrued interest from issuance, as well as the borrower’s (2) The conversion counseling— each disbursement date; permanent address; (vii) Explain to the grant recipient that (i) Informs the borrower of the average (xii) Reviews for the borrower the Secretary will, at least annually anticipated monthly repayment amount information on the availability of the during the service obligation period, based on the borrower’s indebtedness; Student Loan Ombudsman’s office; send the recipient the notice described (ii) Reviews for the borrower available (xiii) Informs the borrower of the in § 686.43(a)(2); repayment plan options, including availability of title IV loan information (viii) Explain the circumstances, as standard, graduated, extended, income- in the National Student Loan Data described in § 686.43, under which a contingent, and income-based System (NSLDS) and how NSLDS can TEACH Grant will be converted to a repayment plans, including a be used to obtain title IV loan status Direct Unsubsidized Loan; description of the different features of information; (ix) Explain that— each plan and the difference in interest (xiv) Provides a general description of (A) To avoid further accrual of paid and total payments under each the types of tax benefits that may be interest as described in plan; available to borrowers; and § 686.12(b)(4)(ii), a grant recipient who (iii) Explains to the borrower the (xv) Informs the borrower of the decides not to teach in a qualified options to prepay each loan, to pay each amount of interest that has accrued on school or field, or who for any other loan on a shorter schedule, and to the converted TEACH Grants and reason no longer intends to satisfy the change repayment plans; explains that any unpaid interest will be VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67824 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules capitalized at the end of the grace academic year and demonstrates that (2) A grant recipient may receive a period. the combined teaching service was the suspension described in paragraphs ■ 25. Section 686.40 is amended by: equivalent of full-time, as supported by (a)(1)(i) through (vi) of this section in ■ a. Removing paragraph (a); the certification of one or more of the one-year increments that— ■ b. Redesignating paragraph (b) as chief administrative officers of the (i) Does not exceed a combined total paragraph (a) and revising it; schools or educational service agencies of three years under paragraphs (a)(1)(i) ■ c. Removing paragraphs (c) and (d); involved, is considered to have through (iii) of this section; ■ d. Redesignating paragraph (e) as completed one elementary or secondary (ii) Does not exceed a total of three paragraph (b); academic year of qualifying teaching. years under paragraph (a)(1)(iv) of this ■ e. Revising newly redesignated (2) If the school or educational service section; paragraph (b)(2) and adding new agency at which the grant recipient is (iii) Does not exceed a total of three paragraph (b)(3); and employed meets the requirements of a years under paragraph (a)(1)(v) of this ■ f. Redesignating paragraph (f) as low-income school in the first year of section; or paragraph (c) and revising it. the grant recipient’s four elementary or (iv) Does not exceed a total of three The revisions and addition read as secondary academic years of teaching years under paragraph (a)(1)(vi) of this follows: and the school or educational service section. agency fails to meet those requirements § 686.40 Documenting the service in subsequent years, those subsequent (b) A grant recipient, or his or her obligation. years of teaching qualify for purposes of representative in the case of a grant (a) If a grant recipient is performing satisfying the service obligation recipient who qualifies under paragraph full-time teaching service in accordance described in § 686.12(b). (a)(1)(iv) or (vi) of this section, must with the agreement to serve or repay, or ■ 26. Section 686.41 is amended by: apply for a suspension on a form agreements to serve or repay if more ■ a. Redesignating paragraphs (a)(1)(ii) approved by the Secretary, prior to than one agreement exists, the grant and (iii) as paragraphs (a)(1)(iii) and (iv), being subject to any of the conditions recipient must, upon completion of each respectively; under § 686.43(a)(1) through (5) that of the four required elementary or ■ b. Adding new paragraph (a)(1)(ii); would cause the TEACH Grant to secondary academic years of teaching ■ c. Revising newly redesignated convert to a Direct Unsubsidized Loan. service, provide to the Secretary paragraphs (a)(1)(iii) and (iv); (c) A grant recipient, or his or her documentation of that teaching service ■ d. Adding paragraphs (a)(1)(v) and representative in the case of a grant on a form approved by the Secretary and (vi); recipient who qualifies under paragraph certified by the chief administrative ■ e. Revising paragraphs (a)(2), (b), and (a)(1)(v) or (vi) of this section, must officer of the school or educational (c); and provide the Secretary with service agency in which the grant ■ f. Adding paragraphs (d) and (e). documentation supporting the recipient is teaching. The The additions and revisions read as suspension request as well as current documentation must show that the grant follows: contact information including home recipient— § 686.41 Periods of suspension. address and telephone number. (1) Taught full-time in a low-income (a) * * * (d) On a case-by-case basis, the school as a highly qualified teacher as (1) * * * Secretary may grant a temporary defined in § 686.2(d); and (ii) Receiving State-required suspension of the period for completing (2)(i) Taught a majority of classes instruction or otherwise fulfilling the service obligation if the Secretary during the period being certified in any requirements for licensure to teach in a determines that a grant recipient was of the high-need fields of mathematics, State’s elementary or secondary schools; unable to complete a full academic year science, a foreign language, bilingual (iii) A condition that is a qualifying of teaching or begin the next academic education, English language acquisition, reason for leave under the FMLA; year of teaching due to exceptional special education, or as a reading (iv) A call to order to Federal or State circumstances significantly affecting the specialist; or active duty or Active Service as a operation of the school or educational (ii) Taught a majority of classes during member of a Reserve Component of the service agency where the grant recipient the period being certified in another Armed Forces named in 10 U.S.C. was employed or the grant recipient’s high-need field designated by that State 10101, or service as a member of the ability to teach. and listed in the Nationwide List, in National Guard on full-time National (e) The Secretary notifies the grant accordance with § 686.12(d). Guard duty, as defined in 10 U.S.C. recipient regarding the outcome of the (b) * * * 101(d)(5); application for suspension. (2) A call or order to Federal or State (v) Military orders for the recipient’s ■ 27. Section 686.42 is amended by: active duty, or Active Service as a spouse for— ■ a. Revising the section heading; member of a Reserve Component of the (A) Deployment with a military unit ■ b. In paragraph (a)(1), adding the Armed Forces named in 10 U.S.C. or as an individual in support of a call words ‘‘or repay’’ after the word 10101, or service as a member of the to Federal or State Active Duty, or ‘‘serve’’; National Guard on full-time National Active Service; or Guard duty, as defined in 10 U.S.C. (B) A change of permanent duty ■ c. In paragraph (a)(2), adding the 101(d)(5); or station from a location in the words ‘‘or repay’’ after the word (3) Residing in or being employed in continental United States to a location ‘‘serve’’; a federally declared major disaster area outside of the continental United States ■ d. Revising paragraph (b); and as defined in the Robert T. Stafford or from a location in a State to any ■ e. In paragraph (c)(4), removing the Disaster Relief and Emergency location outside of that State; or words ‘‘and the Coast Guard’’ and Assistance Act (42 U.S.C. 5122(2)). (vi) Residing in or being employed in adding, in their place, the words ‘‘the (c)(1) A grant recipient who taught in a federally declared major disaster area Coast Guard, a reserve component of the more than one qualifying school or as defined in the Robert T. Stafford Armed Forces named in 10 U.S.C. qualifying educational service agency Disaster Relief and Emergency 10101, or the National Guard’’. during an elementary or secondary Assistance Act (42 U.S.C. 5122(2)). The revisions reads as follows: VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules 67825 § 686.42 Discharge of agreement to serve § 686.43 Obligation to repay the grant. (viii) An explanation that to avoid or repay. (a)(1) The TEACH Grant amounts further accrual of interest as described * * * * * disbursed to the recipient will be in § 686.12(b)(4)(ii), a grant recipient (b) Total and permanent disability. (1) converted into a Direct Unsubsidized who decides not to teach in a qualified A grant recipient’s agreement to serve or Loan, with interest accruing from the school or field, or who for any other repay is discharged if the recipient date that each grant disbursement was reason no longer intends to satisfy the becomes totally and permanently made and be collected by the Secretary service obligation, may request that the disabled, as defined in § 685.102(b) of in accordance with the relevant Secretary convert his or her TEACH this chapter, and the grant recipient provisions of subpart A of part 685 of Grant to a Direct Unsubsidized Loan applies for and satisfies the eligibility this chapter if— that the grant recipient may begin requirements for a total and permanent (i) The grant recipient, regardless of repaying immediately, instead of disability discharge in accordance with enrollment status, requests that the waiting for the TEACH Grant to be § 685.213 of this chapter. TEACH Grant be converted into a Direct converted to a loan under the condition (2) If at any time the Secretary Unsubsidized Loan because he or she described in § 686.43(a)(1)(ii). (3) On or about 90 days before the determines that the grant recipient does has decided not to teach in a qualified date that a grant recipient’s TEACH not meet the requirements of the three- school or educational service agency, or Grants would be converted to Direct year period following the discharge as not to teach in a high-need field, or for Unsubsidized Loans in accordance with described in § 685.213(b)(7) of this any other reason; or (ii) The grant recipient does not begin paragraph (a)(1)(ii) of this section, the chapter, the Secretary will notify the or maintain qualified employment Secretary notifies the grant recipient of grant recipient that the grant recipient’s within the timeframe that would allow the date by which the recipient must obligation to satisfy the terms of the that individual to complete the service submit documentation showing that the agreement to serve or repay is obligation within the number of years recipient is satisfying the obligation. reinstated. required under § 686.12. (4) If the TEACH Grant amounts (3) The Secretary’s notification under (2) At least annually during the disbursed to a recipient are converted to paragraph (b)(2) of this section will— service obligation period under a Direct Unsubsidized Loan, the (i) Include the reason or reasons for § 686.12, the Secretary notifies the grant Secretary notifies the recipient of the reinstatement; recipient of— conversion and offers conversion (ii) Provide information on how the (i) The terms and conditions that the counseling as described in § 686.32(e). grant recipient may contact the grant recipient must meet to satisfy the (5) If a grant recipient’s TEACH Grant Secretary if the grant recipient has service obligation; was converted to a Direct Unsubsidized questions about the reinstatement or (ii) The requirement for the grant Loan in accordance with paragraph believes that the agreement to serve or recipient to provide to the Secretary, (a)(1)(ii) of this section, the Secretary repay was reinstated based on incorrect upon completion of each of the four will reconvert the loan to a TEACH information; and required elementary or secondary Grant if, within one year of the (iii) Inform the TEACH Grant academic years of teaching service, conversion date, the recipient provides recipient that he or she must satisfy the documentation of that teaching service the Secretary with documentation service obligation within the portion of on a form approved by the Secretary and showing that he or she is satisfying the the eight-year period that remained after certified by the chief administrative service obligation. the date of the discharge. officer of the school or educational (6) If a grant recipient’s TEACH Grant was involuntarily converted to a Direct (4) If the TEACH Grant made to a service agency in which the grant recipient taught and emphasizes the Unsubsidized Loan, the Secretary will recipient whose TEACH Grant reconvert the loan to a TEACH Grant agreement to serve or repay is reinstated necessity to keep copies of this information and copies of the recipient’s based on documentation provided by is later converted to a Direct the recipient or in the Department’s Unsubsidized Loan, the recipient will own employment documentation; (iii) The service years completed and records that demonstrate that the not be required to pay interest that the remaining timeframe within which recipient was satisfying the service accrued on the TEACH Grant the grant recipient must complete the obligation as described in § 686.12 or disbursements from the date the service obligation; that the grant was improperly converted agreement to serve or repay was (iv) The conditions under which the to a loan. discharged until the date the agreement grant recipient may request a temporary (7) If a grant recipient who requests to serve or repay was reinstated. suspension of the period for completing reconsideration demonstrates to the * * * * * the service obligation; satisfaction of the Secretary that a ■ 28. Section 686.43 is amended by: (v) The conditions as described under TEACH Grant was converted to a loan ■ a. Revising paragraph(a); § 686.43(a)(1) under which the TEACH in error, the Secretary— ■ b. In paragraph (b), removing the word Grant amounts disbursed to the (i) Reconverts the loan to a TEACH ‘‘Federal’’ before the words ‘‘Direct recipient will be converted into a Direct Grant and— (A) If the grant recipient completed Unsubsidized Loan’’, and removing the Unsubsidized Loan; one or more academic years of word ‘‘any’’ before the word (vi) The potential total interest qualifying teaching service during the ‘‘aggregate’’; accrued; (vii) The process by which the period the grant was wrongly in loan ■ c. In paragraph (c) introductory text, recipient may contact the Secretary to status, the Secretary applies that removing the word ‘‘Federal’’ before the request reconsideration of the teaching service toward the grant words ‘‘Direct Unsubsidized Loan’’. conversion, the deadline by which the recipient’s four-year service obligation ■ d. In paragraph (c)(2), removing the grant recipient must submit the request requirement and suspends the period phrase ‘‘, including an in-school for reconsideration, and a list of the the grant was wrongly in loan status deferment’’; and specific documentation required by the from the eight-year service period ■ e. Revising paragraph (d). Secretary to reconsider the conversion; during which the grant recipient must The revisions read as follows: and complete their service obligation; or VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 67826 Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Proposed Rules (B) If the grant recipient did not (9) A TEACH Grant recipient remains for sectarian instruction or as a place for complete any academic years of obligated to meet all requirements of the religious worship; and qualifying teaching service during the service obligation under § 686.12, even * * * * * period the grant was wrongly in loan if the recipient does not receive the status, the Secretary suspends the notices from the Secretary as described PART 694—GAINING EARLY period the grant was wrongly in loan in paragraph (a)(2) of this section. AWARENESS AND READINESS FOR status from the eight-year service period * * * * * UNDERGRADUATE PROGRAMS during which the grant recipient must (d) A TEACH Grant that is converted (GEAR UP) complete their service obligation; to a Direct Unsubsidized Loan cannot be (ii) Ensures that the grant recipient reconverted to a grant except as ■ 33. The authority citation for part 694 receives credit for any payments that provided in paragraph (a) of this continues to read as follows: were made on the Direct Unsubsidized section. Loan that was reconverted to a TEACH Authority: 20 U.S.C. 1070a–21 to 1070a– 28. Grant; PART 690—FEDERAL PELL GRANT (iii) Notifies the recipient of the PROGRAM ■ 34. Section 694.6 is amended by reconversion to a grant and explains revising paragraph (b) and removing that the recipient is once again ■ 29. The authority citation for part 690 paragraph (c). responsible for meeting all requirements continues to read as follows: of the service obligation under § 686.12; Authority: 20 U.S.C. 1070a, 1070g, unless The revision reads as follows: and otherwise noted. (iv) Requests deletion of any § 694.6 Who may provide GEAR UP § 690.75 [Amended] services to students attending private derogatory information reported to the schools? consumer reporting agencies related to ■ 30. Section 690.75 is amended by the grant while it was in loan status and, removing paragraph (d). * * * * * upon a request from the grant recipient, (b) When providing GEAR UP services furnishes a statement of error that the PART 692—LEVERAGING to students attending private schools, recipient may provide to creditors until EDUCATIONAL ASSISTANCE the employee, individual, association, the recipient’s credit history has been PARTNERSHIP PROGRAM agency, or organization must be corrected. ■ 31. The authority citation for part 692 employed or contracted independently (8) If a grant recipient who requests continues to read as follows: of the private school that the students reconsideration does not demonstrate to attend, and of any other organization the satisfaction of the Secretary that a Authority: 20 U.S.C. 1070c–1070c–4, affiliated with the school, and that TEACH Grant was converted to a loan unless otherwise noted. employment or contract must be under in error, the Secretary— ■ 32. Section 692.30 is amended by the control and supervision of the (i) Notifies the recipient that the loan revising paragraph (c)(5) to read as public agency. cannot be converted to a TEACH Grant; follows: (ii) Explains the reason or reasons § 694.10 [Amended] § 692.30 How does a State administer its why the loan cannot be converted to a ■ TEACH Grant; and community service-learning job program? 35. Section 694.10 is amended by (iii) Explains how the recipient may * * * * * removing the words ‘‘that is not contact the Federal Student Aid (c) * * * pervasively sectarian’’ from paragraph Ombudsman if he or she continues to (5) Not involve the construction, (b). believe that the TEACH Grant was operation, or maintenance of so much of [FR Doc. 2019–25808 Filed 12–10–19; 8:45 am] converted to a loan in error. any facility as is used or is to be used BILLING CODE 4000–01–P VerDate Sep<11>2014 16:40 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00050 Fmt 4701 Sfmt 9990 E:\FR\FM\11DEP2.SGM 11DEP2 lotter on DSKBCFDHB2PROD with PROPOSALS2 i Reader Aids Federal Register Vol. 84, No. 238 Wednesday, December 11, 2019 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER 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. 71...... 66561 Presidential Documents 3 CFR 72...... 66561 Executive orders and proclamations 741–6000 Proclamations: 73...... 66561, 67659 The United States Government Manual 741–6000 9968...... 66281 74...... 66561 9969...... 66283 Other Services 100...... 66561 9970...... 66286 140...... 66561 Electronic and on-line services (voice) 741–6020 9971...... 67657 150...... 66561 741–6050 Privacy Act Compilation Executive Orders: Proposed Rules: 13898...... 66059 429...... 67106 430...... 67106 ELECTRONIC RESEARCH 7 CFR 431...... 66327 World Wide Web 273...... 66783 1410...... 66813 12 CFR Full text of the daily Federal Register, CFR and other publications Proposed Rules: 327...... 66833 is located at: www.govinfo.gov. 205...... 67242 351...... 66063 Federal Register information and research tools, including Public 1216...... 65929 Ch. VII...... 65907 Inspection List and electronic text are located at: Proposed Rules: 8 CFR www.federalregister.gov. 217...... 67381 Proposed Rules: 252...... 67381 E-mail 103...... 67243 331...... 66845 FEDREGTOC (Daily Federal Register Table of Contents Electronic 106...... 67243 1005...... 67132 204...... 67243 Mailing List) is an open e-mail service that provides subscribers 13 CFR with a digital form of the Federal Register Table of Contents. The 211...... 67243 digital form of the Federal Register Table of Contents includes 212...... 67243 120...... 66287 HTML and PDF links to the full text of each document. 214...... 67243 121...... 66561 216...... 67243 Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 223...... 67243 124...... 66647 USGPOOFR/subscriber/new, enter your email address, then 235...... 67243 follow the instructions to join, leave, or manage your 236...... 67243 14 CFR subscription. 240...... 67243 39 ...... 66063, 66579, 66582, PENS (Public Law Electronic Notification Service) is an e-mail 244...... 67243 66838, 67169, 67171, 67174, service that notifies subscribers of recently enacted laws. 245...... 67243 67176, 67179 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 245a...... 67243 71...... 66066 and select Join or leave the list (or change settings); then follow 248...... 67243 91...... 67659, 67665 the instructions. 264...... 67243 Proposed Rules: 274a...... 67243 39 ...... 65931, 65935, 66080, FEDREGTOC and PENS are mailing lists only. We cannot 301...... 67243 66082, 67246, 67248, 67251 respond to specific inquiries. 319...... 67243 71 ...... 67381, 67383, 67385 Reference questions. Send questions and comments about the 320...... 67243 Federal Register system to: [email protected] 322...... 67243 15 CFR 324...... 67243 The Federal Register staff cannot interpret specific documents or 744...... 66840 334...... 67243 regulations. 902...... 67183 341...... 67243 343a...... 67243 17 CFR FEDERAL REGISTER PAGES AND DATE, DECEMBER 343b...... 67243 4...... 67343, 67355 392...... 67243 65907–66062...... 2 Proposed Rules: 275...... 67518 9 CFR 66063–66280...... 3 279...... 67518 66281–66560...... 4 Proposed Rules: 240...... 66458, 66518 66561–66812...... 5 56...... 66631 66813–67168...... 6 145...... 66631 18 CFR 67169–67342...... 9 146...... 66631 Proposed Rules: 67343–67656...... 10 147...... 66631 1304...... 67386 67657–67826...... 11 10 CFR 20 CFR 1...... 66561 Proposed Rules: 2...... 66561 404...... 67394 37...... 66561 416...... 67394 40...... 66561 617...... 67681 50...... 66561 618...... 67681 51...... 66561 52...... 66561 22 CFR 55...... 66561 51...... 67184 VerDate Sep 11 2014 18:25 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\11DECU.LOC 11DECU lotter on DSKBCFDHB2PROD with FR_CU ii Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Reader Aids 26 CFR 34 CFR 70...... 67200 45 CFR 1...... 66968, 67370 Proposed Rules: 180 ...... 66616, 66620, 66626 1115...... 66319 260...... 67202 Proposed Rules: Ch. III ...... 67395 261...... 67202 1...... 65937, 67046 674...... 67778 675...... 67778 264...... 67202 47 CFR 29 CFR 676...... 67778 265...... 67202 1 ...... 66078, 66716, 66843 268...... 67202 4044...... 67186 682...... 67778 9...... 66716 685...... 67778 270...... 67202 Proposed Rules: 12...... 66716 686...... 67778 273...... 67202 10...... 67681 20...... 66716 690...... 67778 721...... 66591, 66599 90...... 67681 22...... 66716 692...... 67778 Proposed Rules: 103...... 66327, 67682 25...... 66716 694...... 67778 1...... 66084 516...... 67681 22...... 66084 54...... 67220 531...... 67681 37 CFR 23...... 66084 64...... 66716 578...... 67681 Proposed Rules: 49...... 66084 579...... 67681 Ch. II ...... 66328 52 ...... 66084, 66096, 66098, 49 CFR 580...... 67681 66103, 66334, 66345, 66347, 1614...... 67683 39 CFR 66352, 66361, 66363, 66366, 10...... 67671 20...... 66072 1152...... 66320 30 CFR 66853 Proposed Rules: 55...... 65938, 66084 902...... 66296 3010...... 67685 71...... 66084 50 CFR 950...... 66309 3020...... 67685 78...... 66084 622...... 67236, 67674 3050...... 67402, 67685 124...... 66084 32 CFR 648...... 66630 3055...... 67685 222...... 66084 775...... 66586 257...... 65941 660 ...... 65925, 65926, 67674 40 CFR 372...... 66369 679...... 65927, 67183 33 CFR 9...... 66591, 66599 721...... 66855 Proposed Rules: 100...... 67375 52 ...... 66074, 66075, 66316, 17...... 67060 165 ...... 66069, 66840, 67187, 66612, 67189, 67191, 67196, 44 CFR 218...... 67404 67375 67378 64...... 65924 679 ...... 66109, 66129, 67421 VerDate Sep 11 2014 18:25 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\11DECU.LOC 11DECU lotter on DSKBCFDHB2PROD with FR_CU Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Reader Aids iii in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List December 10, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address. VerDate Sep 11 2014 18:25 Dec 10, 2019 Jkt 250001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\11DECU.LOC 11DECU lotter on DSKBCFDHB2PROD with FR_CU