FEDERAL REGISTER
Vol. 85 Monday, No. 22 February 3, 2020
Pages 5903–6022
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 85, No. 22
Monday, February 3, 2020
Agency for Healthcare Research and Quality Coast Guard NOTICES PROPOSED RULES Supplemental Evidence and Data Request on Radiation Safety Zones: Therapy for Brain Metastases: Monongahela River Mile 23.8 to Mile 26.0, Pittsburgh, A Systematic Review, 5961–5963 PA, 5909–5911 Monongahela River Mile 28.0 to Mile 30.0, Pittsburgh, Agency for International Development PA, 5911–5913 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals: See Census Bureau Open Innovation Competitions—Prizes, Challenges, See International Trade Administration Hackathons, 5927 See National Oceanic and Atmospheric Administration Agricultural Marketing Service Defense Department NOTICES Draft Instructions on Testing Methods: See Air Force Department National Bioengineered Food Disclosure Standard, 5927– See Army Department 5928 See Engineers Corps See Navy Department Agriculture Department See Agricultural Marketing Service Drug Enforcement Administration See Animal and Plant Health Inspection Service NOTICES See Forest Service Bulk Manufacturer of Controlled Substances Application: See The U.S. Codex Office Bulk Manufacturers of Marihuana: Spocannabis, LLC, NOTICES 5985–5986 Agency Information Collection Activities; Proposals, IsoSciences, LLC, 5992–5993 Submissions, and Approvals, 5928 Noramco, Inc., 5984–5985 Decision and Order: Air Force Department Andrzej Kazimierz Zielke, M.D., 5987–5989 NOTICES Kambiz Haghighi, M.D., 5989–5990 Meetings: Shelton W. Barnes, M.D., 5983–5984 Board of Visitors, U.S. Air Force Academy, 5943–5944 Solomon Adu-Beniako, M.D., 5990–5992 Theresa L. Wendt, N.P., 5986–5987 Animal and Plant Health Inspection Service Importer of Controlled Substances Application: NOTICES Stepan Co., 5994 International Trade Data System: Timeline for Enforcing APHIS Core Message Set Flags in Education Department the Automated Commercial Environment, 5928–5929 NOTICES Agency Information Collection Activities; Proposals, Army Department Submissions, and Approvals: NOTICES National Teacher and Principal Survey of 2020–2021, Meetings: 5947 Board of Visitors, United States Military Academy, 5944– 5945 Energy Department See Federal Energy Regulatory Commission Census Bureau NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Hydrogen and Fuel Cell Technical Advisory Committee, Submissions, and Approvals, 5932–5937 5947–5948 Centers for Disease Control and Prevention NOTICES Engineers Corps Meetings: NOTICES Disease, Disability, and Injury Prevention and Control Meetings: Special Emphasis Panel, 5963–5964 Board on Coastal Engineering Research, 5945–5946
Civil Rights Commission Environmental Protection Agency NOTICES NOTICES Meetings: Ambient Air Monitoring Reference and Equivalent Tennessee Advisory Committee, 5932 Methods; Designation of One New Reference Method, Washington Advisory Committee, 5931–5932 5958
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Clean Air Act Operating Permit Program: Take of Migratory Birds, 5915–5926 Petition for Objection to State Operating Permit for Wheelabrator Environmental System, Inc.; Food and Drug Administration Wheelabrator Concord Co., L.P., Concord, NH, 5956– NOTICES 5957 Agency Information Collection Activities; Proposals, Pesticide Registration Review: Submissions, and Approvals: Interim Decision for Glyphosate, 5957–5958 Application for Participation in Food and Drug Interim Decisions and Case Closures for Several Administration Fellowship and Traineeship Pesticides, 5952–5953 Programs, 5966–5967 Proposed Interim Decisions for Several Neonicotinoid Planning for the Effects of High Absenteeism to Ensure Pesticides, 5953–5954 Availability of Medically Necessary Drug Products, Proposed Consent Decree: 5965–5966 Clean Water Act and Administrative Procedures Act Charter Renewal: Claims, 5955–5956 Advisory Committee; Vaccines and Related Biological Products Advisory Committee, 5964–5965 Federal Aviation Administration PROPOSED RULES Foreign Assets Control Office Airworthiness Directives: NOTICES 328 Support Services GmbH (Type Certificate Previously Blocking or Unblocking of Persons and Properties, 6016– Held by AvCraft Aerospace GmbH; Fairchild Dornier 6018 GmbH; Dornier Luftfahrt GmbH) Airplanes, 5906– 5909 Forest Service Type of Certification of Unmanned Aircraft Systems, 5905– NOTICES 5906 Meetings: NOTICES Southwest Montana Resource Advisory Committee, 5931 Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Representatives of the Administrator, 6012 RULES Federal Management Regulation: Federal Deposit Insurance Corporation Utility Services, 5903–5904 NOTICES Meetings; Sunshine Act, 5959 Health and Human Services Department Termination of Receiverships, 5958–5959 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Federal Emergency Management Agency See Food and Drug Administration NOTICES See Health Resources and Services Administration Flood Hazard Determinations; Changes, 5971–5979 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Energy Regulatory Commission Administration NOTICES Agency Information Collection Activities; Proposals, Health Resources and Services Administration Submissions, and Approvals, 5948–5949 NOTICES Combined Filings, 5948–5950 Agency Information Collection Activities; Proposals, Environmental Assessments; Availability, etc.: Submissions, and Approvals: New England Hydropower Co., LLC, 5950–5951 Ryan White HIV/AIDS Program Part F Dental Services Initial Market-Based Rate Filings Including Requests for Report, 5969–5970 Blanket Section 204 Authorizations: The National Health Service Corps Loan Repayment Oklahoma Wind, LLC, 5951 Programs, 5967–5969 Pleasants, LLC, 5950 White Cloud Wind Project, LLC, 5951–5952 Homeland Security Department Institution of Section 206 Proceeding: See Coast Guard Hickory Run Energy, LLC, 5951 See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Federal Financial Institutions Examination Council NOTICES Interior Department Meetings: See Fish and Wildlife Service Appraisal Subcommittee, 5959–5960 NOTICES Meetings: Federal Trade Commission Exxon Valdez Oil Spill Public Advisory Committee, NOTICES 5979–5980 Proposed Consent Agreement: T and M Protection Resources, LLC; Analysis to Aid International Trade Administration Public Comment, 5960–5961 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Fish and Wildlife Service or Reviews: PROPOSED RULES Advance Notification of Sunset Review, 5941–5942 Migratory Bird Permits: Initiation of Five-Year (Sunset) Reviews, 5940–5941 Take of Migratory Birds; Environmental Impact Opportunity to Request Administrative Review, 5938– Statement, 5913–5915 5940
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International Trade Commission Navy Department NOTICES NOTICES Investigations; Determinations, Modifications, and Rulings, Meetings: etc.: U.S. Naval Academy Board of Visitors, 5946 Certain Kitchen Appliance Shelving and Racks from China, 5980–5983 Nuclear Regulatory Commission NOTICES Justice Department Agency Information Collection Activities; Proposals, See Drug Enforcement Administration Submissions, and Approvals: See Justice Programs Office Requests to Federally Recognized Indian Tribes for Information, 6000–6001 Justice Programs Office Inspections, Tests, Analyses, and Acceptance Criteria: NOTICES Southern Nuclear Operating Co., Inc.; Vogtle Electric Agency Information Collection Activities; Proposals, Generating Plant, Units 3 and 4, 6001–6002 Submissions, and Approvals: Meetings; Sunshine Act, 6000 Law Enforcement Congressional Badge of Bravery, 5994 Occupational Safety and Health Administration Labor Department NOTICES See Occupational Safety and Health Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Beryllium Standards for General Industry, Construction Submissions, and Approvals: and Maritime, 5996–5998 Certification by School Official, 5995–5996 Charter Renewal: Securities and Exchange Commission President’s Committee on the International Labor NOTICES Organization, 5995 Meetings; Sunshine Act, 6002–6003 Self-Regulatory Organizations; Proposed Rule Changes: Maritime Administration ICE Clear Credit, LLC, 6007–6009 NOTICES New York Stock Exchange, LLC, 6005–6006 Requests for Administrative Waivers of the Coastwise Trade NYSE Arca, Inc., 6009 Laws: The Nasdaq Stock Market, LLC, 6003–6005 Vessel BELLA LINA, 6012–6013 Vessel ELIZABETH, 6013–6014 Small Business Administration Vessel KAILA LANI, 6014–6015 NOTICES Vessel MAYA, 6015–6016 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6009–6010 National Aeronautics and Space Administration NOTICES State Department Intent to Grant Exclusive License, 5998–5999 NOTICES Covered Claims under the Promoting Security and Justice National Credit Union Administration for Victims of Terrorism Act, 6010 NOTICES Culturally Significant Objects Imported for Exhibition: Meetings; Sunshine Act, 5999 Lucian Freud: The Self Portraits, 6011 Meetings: National Institutes of Health Biodiversity Beyond National Jurisdiction, 6010–6011 NOTICES Commission on Unalienable Rights, 6011–6012 Meetings: Foreign Affairs Policy Board, 6010 National Cancer Institute, 5970 National Center for Complementary and Integrative Substance Abuse and Mental Health Services Health, 5970–5971 Administration
National Oceanic and Atmospheric Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5971 Submissions, and Approvals, 5943 Meetings: The U.S. Codex Office Caribbean Fishery Management Council, 5942–5943 NOTICES Fisheries of the Exclusive Economic Zone Off Alaska; Meetings: Alaska Groundfish and Halibut Seabird Working Codex Committee on Pesticide Residues, 5929–5931 Group, 5943 Transportation Department National Science Foundation See Federal Aviation Administration NOTICES See Maritime Administration Meetings: Proposal Review Panel for International Science and Treasury Department Engineering, 5999–6000 See Foreign Assets Control Office
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U.S. Citizenship and Immigration Services Financial Status Report, 6020–6021 NOTICES Pay Now Enter Info Page, 6020 Agency Information Collection Activities; Proposals, Request for Nursing Home Information in Connection Submissions, and Approvals: with Claim for Aid and Attendance, 6021 Application for Civil Surgeon Designation, 5979
U.S.-China Economic and Security Review Commission Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Hearings, 6018–6019 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Veterans Affairs Department To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or Financial Statement, 6019–6020 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.
14 CFR Proposed Rules: 21...... 5905 39...... 5906 33 CFR Proposed Rules: 165 (2 documents) ...... 5909, 5911 41 CFR 102-82...... 5903 50 CFR Proposed Rules: 10 (2 documents) ....5913, 5915
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Rules and Regulations Federal Register Vol. 85, No. 22
Monday, February 3, 2020
This section of the FEDERAL REGISTER better align with other parts of the FMR Management and Budget under the contains regulatory documents having general and clarified language in subpart B Paperwork Reduction Act (44 U.S.C. applicability and legal effect, most of which regarding agency authority and chapter 35). are keyed to and codified in the Code of responsibilities. None of the proposed VI. Small Business Regulatory Federal Regulations, which is published under changes elicited any objections during 50 titles pursuant to 44 U.S.C. 1510. Enforcement Fairness Act the public comment period. In fact, only The Code of Federal Regulations is sold by one public comment was received in This final rule is exempt from the Superintendent of Documents. response to the proposed rule, which Congressional review under 5 U.S.C. was not germane. As a result, there were 801 since it relates solely to agency no changes made to the final rule from management and personnel. GENERAL SERVICES the published proposed rule. List of Subjects in 41 CFR Part 102–82 ADMINISTRATION This final rule amends the FMR to both clarify the scope of this part and Federal buildings and facilities, 41 CFR Part 102–82 the authority an agency must have to Government property management, [FMR Case 2016–102–3; Docket 2016–0019; procure utility services by pointing the Rates and fares, Utilities. Sequence No. 1] reader to the appropriate parts of the Dated: January 15, 2020. FAR that relate to the acquisition of RIN 3090–AJ76 Emily W. Murphy, utility services. It also clarifies the Administrator of General Services. responsibilities of agencies, the Federal Management Regulation ■ For the reasons set forth in the Department of Defense, and the (FMR); Utility Services preamble, GSA is revising 41 CFR part Department of Energy for compliance. 102–82 to read as follows: AGENCY: Office of Government-wide II. Executive Orders 12866 and 13563 Policy (OGP), General Services PART 102–82—UTILITY SERVICES Administration (GSA). Executive Orders (E.O.s) 12866 and ACTION: Final rule. 13563 direct agencies to assess all costs Subpart A—General Provisions and benefits of available regulatory Sec. SUMMARY: GSA is issuing a final rule to alternatives and, if regulation is 102–82.5 What does this part cover? amend the Federal Management necessary, to select regulatory 102–82.10 What are the governing Regulation (FMR) part regarding utility approaches that maximize net benefits authorities for this part? services. The rule clarifies the authority (including potential economic, 102–82.15 Who must comply with the an agency must have in order to procure environmental, public health and safety provisions of this part? utility services and describes in detail effects, distributive impacts, and 102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and their variants refer? agencies’ responsibilities concerning the equity). E.O. 13563 emphasizes the 102–82.25 How do we request a deviation procurement of such services. To better importance of quantifying both costs from the provisions of this part? direct agencies that operate under a and benefits, of reducing costs, of utility service delegation from GSA, the harmonizing rules, and of promoting Subpart B—Utility Services rule adds a reference to the section of flexibility. This rule is a significant 102–82.30 What authority must my agency the Federal Acquisition Regulation regulatory action and was subject to have in order to procure utility (FAR) that addresses the acquisition of review under Section 6(b) of E.O. 12866. service(s)? 102–82.35 Can Executive agencies enter utility services and other procurement It is not a major rule under 5 U.S.C. 804. into contracts for utility services? guidance. Additionally, the rule clarifies III. Executive Order 13771 102–82.40 What are Executive agencies’ responsibilities for the Department of rate intervention responsibilities? Defense and the Department of Energy This final rule is not subject to the requirements of E.O. 13771 (82 FR 9339, Authority: 40 U.S.C. 121(c) and 40 U.S.C. for compliance. 501. DATES: Effective Date: March 4, 2020. February 3, 2017) because it is related to agency organization, management, or FOR FURTHER INFORMATION CONTACT: Subpart A—General Provisions Mr. personnel. Chris Coneeney, Director, Real Property, § 102–82.5 What does this part cover? Office of Government-wide Policy, at IV. Regulatory Flexibility Act This part covers the procurement and 202–208–2956, or email at This final rule will not have a management of public utility services. It [email protected] for clarification significant economic impact on a does not cover utilities that are provided of content. For information pertaining to substantial number of small entities as part of a lease. For more information status or publication schedules, contact within the meaning of the Regulatory on the procurement of utility services the Regulatory Secretariat Division at Flexibility Act, 5 U.S.C. 601, et seq. This refer to Federal Acquisition Regulation 202–501–4755. Please cite FMR Case final rule is also exempt from the (FAR) in 48 CFR part 41. For more 2016–102–3. Regulatory Flexibility Act pursuant to 5 information on the management of SUPPLEMENTARY INFORMATION: U.S.C. 553(a)(2) because it applies to Utility Services, refer to 40 U.S.C. 501. agency management. I. Background § 102–82.10 What are the governing A proposed rule was published in the V. Paperwork Reduction Act authorities for this part? Federal Register on August 13, 2019 (84 This final rule does not contain any The authorities for the regulations in FR 39994). The proposed rule expanded information collection requirements that this part are: ‘‘Subpart A—General Provisions’’ to require the approval of the Office of (a) 40 U.S.C. 121(c); and
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(b) 40 U.S.C. 501. Subpart B—Utility Services to the Federal Government in terms of economy, efficiency, reliability, or § 102–82.15 Who must comply with the § 102–82.30 What authority must my quality of service; while 40 U.S.C. provisions of this part? agency have in order to procure utility service(s)? 501(c) requires that agencies provide or procure such services with due regard to All Executive agencies procuring, If you do not have a delegation of the mission responsibilities of the managing, or supplying utility services authority issued by GSA to procure under Title 40 of the United States utility services, or independent agencies concerned. For information on Code, including GSA’s Public Buildings authority for such procurements, you utility services delegation of authority Service (PBS), Department of Defense, cannot procure utility services. The refer to part 102–72 of this chapter. For Department of Energy, and those Secretary of Defense is independently additional information on contracts for agencies operating under, or subject to, authorized to take such actions without utility services, search on the topics the authorities of the Administrator of a delegation from GSA, when the Utility or Energy on the Acquisition General Services must comply with the Secretary determines such actions to be Gateway, http://www.gsa.gov. provisions of this part. For information in the best interests of national security. § 102–82.40 What are Executive agencies’ on a utility services delegation of For more information on a utility rate intervention responsibilities? authority, refer to § 102–72.100 of this services delegation of authority refer to chapter. §§ 102–72.100 and 102–72.105 of this Unless otherwise authorized by law, chapter. absent a delegation from GSA, Executive § 102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and agencies must not engage in the types of their variants refer? § 102–82.35 Can Executive agencies enter representation referenced at 40 U.S.C. into contracts for utility services? 501(c), Services for Executive agencies. Unless otherwise indicated, use of Executive agencies, operating under a pronouns ‘‘we,’’ ‘‘you,’’ and their The Secretary of Defense is utility services delegation from GSA, or independently authorized to take such variants throughout this part refer to an the Secretary of Defense, when the actions without a delegation from GSA, Executive agency. Refer to part 102–71 Secretary determines it to be in the best when the Secretary determines such of this chapter for the definition of interests of national security, may enter actions to be in the best interests of Executive agency. into contracts for utility services (such as commodities and utility rebate national security. Refer to part 102–71 § 102–82.25 How do we request a programs), pursuant to the terms and of this chapter for definitions of deviation from the provisions of this part? conditions contained in the delegation Executive agencies and state. For information on delegation of authority Refer to §§ 102–2.60 through 102– and in accordance with FAR part 41. refer to part 102–72 of this chapter. 2.110 of this chapter for information on FAR part 41 requires that agencies how to obtain a deviation from this part. provide or procure from sources of [FR Doc. 2020–01020 Filed 1–31–20; 8:45 am] supply that are the most advantageous BILLING CODE 6820–14–P
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Proposed Rules Federal Register Vol. 85, No. 22
Monday, February 3, 2020
This section of the FEDERAL REGISTER sending the comment (or signing the page of your submission containing CBI contains notices to the public of the proposed comment for an association, business, as ‘‘PROPIN.’’ The FAA will treat such issuance of rules and regulations. The labor union, etc.). DOT’s complete marked submissions as confidential purpose of these notices is to give interested Privacy Act Statement can be found in under the FOIA, and they will not be persons an opportunity to participate in the the Federal Register published on April placed in the public docket of this rule making prior to the adoption of the final rules. 11, 2000 (65 FR 19477–19478), as well notice. Submissions containing CBI as at http://DocketsInfo.dot.gov. should be sent to the individual Docket: Background documents or identified under FOR FURTHER DEPARTMENT OF TRANSPORTATION comments received may be read at INFORMATION CONTACT. Any commentary http://www.regulations.gov at any time. that the FAA receives which is not Federal Aviation Administration Follow the online instructions for specifically designated as CBI will be accessing the docket or go to the Docket placed in the public docket for this 14 CFR Part 21 Operations in Room W12–140 of the notice. West Building Ground Floor at 1200 [Docket No. FAA–2019–1038] Background New Jersey Avenue SE, Washington, In 2012, Congress passed the FAA Type Certification of Unmanned DC, between 9 a.m., and 5 p.m., Monday Modernization and Reform Act of 2012 Aircraft Systems through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: (Pub. L. 112–95). Section 332 of Public AGENCY: Federal Aviation Andrew Guion, AIR–694, Federal Law 112–95 (codified at 49 U.S.C. Administration, DOT. Aviation Administration, Policy and 44802) directed the FAA to develop a comprehensive plan to safely accelerate ACTION: Notice of policy; request for Innovation Division, Small Airplane the integration of unmanned aircraft comments. Standards Branch, Aircraft Certification systems (UAS) into the National Service, 901 Locust St., Room 301, Airspace System (NAS). As part of that SUMMARY: The Federal Aviation Kansas City, MO 64106, telephone (816) plan, the FAA integrated small UAS Administration (FAA) is announcing 329–4141, facsimile (816) 329–4090. and requesting comments on its policy (less than 55 lbs.) into the NAS by SUPPLEMENTARY INFORMATION: for the type certification of certain issuing a rule on the Operation and Unmanned Aircraft Systems as a special Comments Invited Certification of Small Unmanned Aircraft Systems (81 FR 42064, June 28, class of aircraft under our regulations. The FAA invites interested parties to 2016). The small UAS final rule added DATES: Comments must be received on submit comments on the policy part 107 to the FAA’s regulations in or before March 4, 2020. described in this notice to one of the Title 14 of the Code of Federal ADDRESSES: addresses specified above. Commenters Send comments identified Regulations (14 CFR). by docket number FAA–2019–1038 must include Docket No. FAA–2019– Part 107 sets forth rules for the using any of the following methods: 1038 and identify ‘‘Type Certification of operation of small UAS without the b Federal eRegulations Portal: Go to Unmanned Aircraft Systems’’ policy on need for FAA airworthiness http://www.regulations.gov and follow all submitted correspondence. The most certification. Under part 107, operations the online instructions for sending your helpful comments reference a specific may not occur over persons, at night, comments electronically. portion of the policy, explain the reason above an altitude of 400 feet, or beyond b Mail: Send comments to Docket for any recommended change, and visual line-of-sight, without a waiver Operations, M–30, U.S. Department of include supporting data. The FAA will issued by the FAA. UAS weighing 55 Transportation (DOT), 1200 New Jersey consider all comments received on or lbs. or more and small UAS operating Avenue SE, Room W12–140, West before the closing date before issuing outside the limitations imposed by part Building Ground Floor, Washington, DC the final acceptance. The FAA will also 107 must receive airworthiness 20590–0001. consider comments filed late if it is certification from the FAA or an b Hand Delivery of Courier: Take possible to do so without incurring exemption. comments to Docket Operations in expense or delay. The FAA may change Room W12–140 of the West Building the policy based on received comments. Discussion Ground Floor at 1200 New Jersey Confidential Business Information The FAA establishes airworthiness Avenue SE, Washington, DC, between 9 (CBI) is commercial or financial criteria and issues type certificates to a.m., and 5 p.m., Monday through information that is both customarily and ensure the safe operation of aircraft in Friday, except Federal holidays. actually treated as private by its owner. accordance with 49 U.S.C. 44701(a) and b Fax: Fax comments to Docket Under the Freedom of Information Act 44704. Section 44704 requires the Operations at 202–493–2251. (FOIA) (5 U.S.C. 552), CBI is exempt Administrator to find an aircraft, aircraft Privacy: The FAA will post all from public disclosure. If your engine, or propeller to be of proper comments it receives, without change, comments responsive to this notice design, material, specification, to http://regulations.gov, including any contain commercial or financial construction, and performance for safe personal information the commenter information that is customarily treated operation before issuing a type provides. Using the search function of as private, that you actually treat as certificate for it. the docket website, anyone can find and private, and that is relevant or Part 21 contains the FAA’s procedural read the electronic form of all comments responsive to this notice, it is important requirements for airworthiness and type received into any FAA docket, that you clearly designate the submitted certification. When the FAA including the name of the individual comments as CBI. Please mark each promulgated part 21 as part of its
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recodification to combine and These features specific to UAS are the DEPARTMENT OF TRANSPORTATION streamline the Civil Air Regulations, it very unique, novel, and/or unusual originally required applicants for a type features the special class category was Federal Aviation Administration certificate to show that the product met designed to accommodate. existing airworthiness standards (29 FR 14 CFR Part 39 Policy 14562, October 24, 1964). Existing [Docket No. FAA–2020–0088; Product airworthiness standards for aircraft and Accordingly, the FAA proposes that Identifier 2019–NM–195–AD] other products, issued as a separate part some UAS may be type certificated as a of the FAA’s regulations, are: Normal RIN 2120–AA64 category airplanes under part 23, ‘‘special class’’ of aircraft under Airworthiness Directives; 328 Support transport category airplanes under part § 21.17(b). The FAA proposes to issue Services GmbH (Type Certificate 25, normal category rotorcraft under type certificates for UAS with no part 27, transport category rotorcraft occupants onboard under the process in Previously Held by AvCraft Aerospace under part 29, manned free balloons § 21.17(b). However, the FAA may still GmbH; Fairchild Dornier GmbH; under part 31, aircraft engines under issue type certificates under § 21.17(a) Dornier Luftfahrt GmbH) Airplanes part 33, and propellers under part 35. for airplane and rotorcraft UAS designs AGENCY: Federal Aviation The FAA amended part 21 to add when appropriate. This proposed policy Administration (FAA), DOT. procedural requirements for the applies only to the procedures for the ACTION: Notice of proposed rulemaking issuance of type certificates for special type certification of UAS, and is not (NPRM). classes of aircraft at amendment 21–60. intended to establish policy impacting In the final rule, the FAA explained that other FAA rules on unmanned aircraft, SUMMARY: The FAA proposes to it intended the special class category to such as operations, pilot certification, or supersede Airworthiness Directive (AD) include, in part, those aircraft that maintenance. 2004–06–01, which applies to certain would be eligible for a standard The FAA will announce and seek Dornier Model 328–100 series airplanes; airworthiness certificate but for which and AD 2009–06–09, which applies to public comment on the particularized certification standards do not exist due all Dornier Model 328–100 series airworthiness criteria for each applicant to their unique, novel, or unusual airplanes. AD 2004–06–01 requires as certification standards for this new design features. The FAA further stated replacement of the existing main that the ‘‘decision to type certificate an special class evolve. Once generally- landing gear (MLG) leg assembly with a aircraft in either the special class applicable standards are identified, the modified assembly. AD 2009–06–09 aircraft category or under . . . the FAR FAA intends to issue rulemaking or requires modifying the MLG main body is entirely dependent upon the aircraft’s publish the standards as guidance in an and trailing arm bushings, and revising unique, novel, and/or unusual design Advisory Circular, as it has done for the existing maintenance or inspection features.’’ (52 FR 8040, March 13, 1987). other special classes such as gliders, program, as applicable, to incorporate Amendment 21–60 revised § 21.17(b) to airships, and very light airplanes. new or more restrictive airworthiness include the certification procedure for The FAA’s rulemaking on small UAS limitations. Since the FAA issued AD special classes of aircraft. For special was only the first step in the FAA’s plan 2004–06–01 and 2009–06–09, the FAA classes of aircraft, for which has determined that new or more airworthiness standards have not been to integrate UAS into the NAS. Many long-term activities are required for full restrictive airworthiness limitations are issued, the applicable airworthiness necessary. This proposed AD would requirements will be the portions of integration of present and future UAS operations, including the delivery of require revising the existing those existing standards contained in maintenance or inspection program, as parts 23, 25, 27, 29, 31, 33, and 35 found packages and transportation of people. The UAS affected by this policy will applicable, to incorporate new or more by the FAA to be appropriate for the restrictive airworthiness limitations, as include those used for package delivery. aircraft and applicable to a specific type specified in a European Union Aviation Future FAA activity, through either design, or such airworthiness criteria as Safety Agency (EASA) AD, which will the FAA may find provide an equivalent further policy or rulemaking, will be incorporated by reference. The FAA level of safety to those parts. address type certification for UAS is proposing this AD to address the An ‘‘unmanned aircraft’’ is an aircraft carrying occupants. unsafe condition on these products. operated without the possibility of The contents of this document do not direct human intervention from within DATES: The FAA must receive comments or on the aircraft. See 49 U.S.C. have the force and effect of law and are on this proposed AD by March 19, 2020. 44801(11); 14 CFR 1.1. Unmanned not meant to bind the public in any ADDRESSES: You may send comments, aircraft include all classes of airplanes, way. This document is intended only to using the procedures found in 14 CFR rotorcraft, and powered-lift without an provide clarity to the public regarding 11.43 and 11.45, by any of the following onboard pilot. Many UAS elements, existing requirements under the law or methods: while essential for safe operation, are agency policies. • Federal eRulemaking Portal: Go to part of the UAS system but are not Issued in Kansas City, Missouri, on January https://www.regulations.gov. Follow the permanent features of the unmanned 27, 2020. instructions for submitting comments. • aircraft (UA). For example, instead of Pat Mullen, Fax: 202–493–2251. traditional landing gear with wheels and • Mail: U.S. Department of brakes, many UAS have a launch and Manager, Small Airplane Standards Branch, Transportation, Docket Operations, M– AIR–690, Policy and Innovation Division, recovery system. Additionally, because 30, West Building Ground Floor, Room Aircraft Certification Service. the pilot is not situated within the W12–140, 1200 New Jersey Avenue SE, aircraft, unique configurations and [FR Doc. 2020–01877 Filed 1–31–20; 8:45 am] Washington, DC 20590. applications of airframes, powerplants, BILLING CODE 4910–13–P • Hand Delivery: U.S. Department of fuels, and materials are possible and can Transportation, Docket Operations, M– result in flight characteristics different 30, West Building Ground Floor, Room from those of conventional aircraft. W12–140, 1200 New Jersey Avenue SE,
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Washington, DC 20590, between 9 a.m. summarizing each substantive verbal This proposed AD was prompted by and 5 p.m., Monday through Friday, contact the agency receives about this a determination that new or more except Federal holidays. NPRM. restrictive airworthiness limitations are For the material identified in this necessary. The FAA is proposing this Discussion proposed AD that will be incorporated AD to address the potential failure of by reference (IBR), contact the EASA, The FAA issued AD 2004–06–01, parts, which could lead to reduced Konrad-Adenauer-Ufer 3, 50668 Amendment 39–13527 (69 FR 13715, control of the airplane; and to address Cologne, Germany; telephone +49 221 March 24, 2004) (‘‘AD 2004–06–01’’), for the potential of ignition sources inside 89990 1000; email [email protected]; certain Dornier Model 328–100 series fuel tanks, which, in combination with internet www.easa.europa.eu. You may airplanes. AD 2004–06–01 requires flammable fuel vapors, could result in find this IBR material on the EASA replacement of the existing MLG leg fuel tank explosions and consequent website at https://ad.easa.europa.eu. assembly with a modified assembly. The loss of the airplane. You may view this IBR material at the FAA also issued AD 2009–06–09, See the MCAI for additional FAA, Transport Standards Branch, 2200 Amendment 39–15845 (74 FR 12249, background information. South 216th St., Des Moines, WA. For March 24, 2009) (‘‘AD 2009–06–09’’), for all Dornier Model 328–100 series Related IBR Material Under 1 CFR Part information on the availability of this 51 material at the FAA, call 206–231–3195. airplanes. AD 2009–06–09 requires It is also available in the AD docket on modifying the MLG main body and EASA AD 2019–0270 describes the internet at https:// trailing arm bushings, and revising the airworthiness limitations for www.regulations.gov by searching for existing maintenance or inspection certification maintenance requirements and locating Docket No. FAA–2020– program, as applicable, to incorporate that include, among other items, safe 0088. new or more restrictive airworthiness life limits and fuel tank system limitations. The FAA issued AD 2004– limitations. This material is reasonably Examining the AD Docket 06–01 to address fatigue damage of the available because the interested parties You may examine the AD docket on MLG leg, which could result in collapse have access to it through their normal the internet at https:// of the MLG. The FAA also issued AD course of business or by the means www.regulations.gov by searching for 2009–06–09 to address corrosion on the identified in the ADDRESSES section. and locating Docket No. FAA–2020– main body of the MLG and the trailing arm bushings, which could result in FAA’s Determination and Requirements 0088; or in person at Docket Operations of This Proposed AD between 9 a.m. and 5 p.m., Monday damage to the MLG, and possibly result through Friday, except Federal holidays. in MLG functional problems or failure. This product has been approved by The AD docket contains this NPRM, the the aviation authority of another Actions Since AD 2004–06–01 and AD country, and is approved for operation regulatory evaluation, any comments 2009–06–09 Were Issued received, and other information. The in the United States. Pursuant to the Since the FAA issued AD 2004–06–01 street address for Docket Operations is FAA’s bilateral agreement with the State and AD 2009–06–09, the FAA has listed above. Comments will be of Design Authority, the FAA has been determined that new or more restrictive available in the AD docket shortly after notified of the unsafe condition airworthiness limitations are necessary. receipt. described in the MCAI referenced The EASA, which is the Technical above. The FAA is proposing this AD FOR FURTHER INFORMATION CONTACT: Agent for the Member States of the because the FAA evaluated all pertinent Todd Thompson, Aerospace Engineer, European Union, has issued EASA AD information and determined an unsafe International Section, Transport 2019–0270, dated October 30, 2019 condition exists and is likely to exist or Standards Branch, FAA, 2200 South (‘‘EASA AD 2019–0270’’) (also referred develop on other products of the same 216th St., Des Moines, WA 98198; to as the Mandatory Continuing type design. telephone and fax 206–231–3228; email Airworthiness Information, or ‘‘the [email protected]. MCAI’’), to correct an unsafe condition Proposed AD Requirements SUPPLEMENTARY INFORMATION: for all 328 Support Services GmbH This proposed AD would require Model 328–100 airplanes. EASA AD revising the existing maintenance or Comments Invited 2019–0270 supersedes German AD inspection program, as applicable, to The FAA invites you to send any 2002–001, dated January 10, 2002 incorporate new or more restrictive written relevant data, views, or (which corresponds to FAA AD 2004– airworthiness limitations for arguments about this proposal. Send 06–01) and EASA AD 2008–0009, dated certification maintenance requirements your comments to an address listed January 11, 2008 (which corresponds to that include, among other items, safe under the ADDRESSES section. Include FAA AD 2009–06–09). life limits and fuel tank system ‘‘Docket No. FAA–2020–0088; Product EASA AD 2019–0270 also specifies limitations, which are specified in Identifier 2019–NM–195–AD’’ at the that it takes over the applicable EASA AD 2019–0270 described beginning of your comments. The FAA requirements of EASA AD 2006–0197 previously, as incorporated by specifically invites comments on the (which corresponds to FAA AD 2008– reference. Any differences with EASA overall regulatory, economic, 17–01 R1, Amendment 39–16106 (74 FR AD 2019–0270 are identified as environmental, and energy aspects of 63569, December 4, 2009) (‘‘AD 2008– exceptions in the regulatory text of this this NPRM. The FAA will consider all 17–01 R1’’) and EASA AD 2010–0054 AD. comments received by the closing date (which corresponds to FAA AD 2012– This proposed AD would require and may amend this NPRM based on 01–08, Amendment 39–16920 (77 FR revisions to certain operator those comments. 3583, January 25, 2012) (‘‘AD 2012–01– maintenance documents to include new The FAA will post all comments, 08’’). Accomplishing the revision actions (e.g., inspections). Compliance without change, to https:// specified in this proposed AD would with these actions is required by 14 CFR www.regulations.gov, including any terminate the requirements of AD 2008– 91.403(c). For airplanes that have been personal information you provide. The 17–01 R1 and AD 2012–01–08 for Model previously modified, altered, or repaired FAA will also post a report 328–100 series airplanes. in the areas addressed by this proposed
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AD, the operator may not be able to existing maintenance or inspection Regulatory Findings accomplish the actions described in the program, as applicable, to incorporate The FAA determined that this revisions. In this situation, to comply the information specified in the new proposed AD would not have federalism airworthiness limitation document. with 14 CFR 91.403(c), the operator implications under Executive Order must request approval for an alternative The previous format of the 13132. This proposed AD would not method of compliance according to airworthiness limitation ADs included a have a substantial direct effect on the paragraph (k)(1) of this proposed AD. paragraph that specified that no alternative actions (e.g., inspections), or States, on the relationship between the Explanation of Required Compliance intervals may be used unless the actions national Government and the States, or Information and intervals are approved as an on the distribution of power and In the FAA’s ongoing efforts to alternative method of compliance responsibilities among the various improve the efficiency of the AD (AMOC) in accordance with the levels of government. process, the FAA initially worked with procedures specified in the AMOCs For the reasons discussed above, I Airbus and EASA to develop a process paragraph under ‘‘Other FAA certify this proposed regulation: to use certain EASA ADs as the primary Provisions.’’ This new format includes a (1) Is not a ‘‘significant regulatory source of information for compliance ‘‘New Provisions for Alternative Actions action’’ under Executive Order 12866, with requirements for corresponding and Intervals’’ paragraph that does not (2) Will not affect intrastate aviation FAA ADs. The FAA has since specifically refer to AMOCs, but in Alaska, and coordinated with other manufacturers operators may still request an AMOC to (3) Will not have a significant and civil aviation authorities (CAAs) to use an alternative action or interval. economic impact, positive or negative, use this process. As a result, EASA AD on a substantial number of small entities 2019–0270 will be incorporated by Costs of Compliance under the criteria of the Regulatory reference in the FAA final rule. This The FAA estimates that this proposed Flexibility Act. proposed AD would, therefore, require AD affects 21 airplanes of U.S. registry. List of Subjects in 14 CFR Part 39 compliance with EASA AD 2019–0270 The FAA estimates the following costs in its entirety, through that to comply with this proposed AD: Air transportation, Aircraft, Aviation incorporation, except for any differences The FAA has determined that revising safety, Incorporation by reference, identified as exceptions in the the maintenance or inspection program Safety. regulatory text of this proposed AD. takes an average of 90 work-hours per The Proposed Amendment Using common terms that are the same operator, although the agency as the heading of a particular section in recognizes that this number may vary Accordingly, under the authority the EASA AD does not mean that from operator to operator. In the past, delegated to me by the Administrator, operators need comply only with that the agency has estimated that this action the FAA proposes to amend 14 CFR part section. For example, where the AD takes 1 work-hour per airplane. Since 39 as follows: requirement refers to ‘‘all required operators incorporate maintenance or PART 39—AIRWORTHINESS actions and compliance times,’’ inspection program changes for their DIRECTIVES compliance with this AD requirement is affected fleet(s), the FAA has not limited to the section titled determined that a per-operator estimate ■ 1. The authority citation for part 39 ‘‘Required Action(s) and Compliance is more accurate than a per-airplane continues to read as follows: Time(s)’’ in the EASA AD. estimate. Service information specified in The FAA estimates the total cost per Authority: 49 U.S.C. 106(g), 40113, 44701. EASA AD 2019–0270 that is required for operator for the new proposed actions to § 39.13 [Amended] compliance with EASA AD 2019–0270 be $7,650 (90 work-hours × $85 per ■ will be available on the internet at work-hour). 2. The FAA amends § 39.13 by https://www.regulations.gov by removing Airworthiness Directive (AD) Authority for This Rulemaking searching for and locating Docket No. 2004–06–01, Amendment 39–13527 (69 FAA–2020–0088 after the FAA final Title 49 of the United States Code FR 13715, March 24, 2004); and AD rule is published. specifies the FAA’s authority to issue 2009–06–09, Amendment 39–15845 (74 rules on aviation safety. Subtitle I, FR 12249, March 24, 2009); and adding Airworthiness Limitation ADs Using section 106, describes the authority of the following new AD: the New Process the FAA Administrator. Subtitle VII: 328 Support Services GmbH (Type The FAA’s new process, which uses Aviation Programs, describes in more Certificate Previously Held by AvCraft MCAI ADs as the primary source of detail the scope of the Agency’s Aerospace GmbH; Fairchild Dornier information for compliance with authority. GmbH; Dornier Luftfahrt GmbH): Docket corresponding FAA ADs, has been The FAA is issuing this rulemaking No. FAA–2020–0088; Product Identifier limited to certain MCAI ADs (primarily under the authority described in 2019–NM–195–AD. those with service bulletins as the Subtitle VII, Part A, Subpart III, Section (a) Comments Due Date primary source of information for 44701: ‘‘General requirements.’’ Under The FAA must receive comments by March accomplishing the actions required by that section, Congress charges the FAA 19, 2020. the FAA AD). However, the FAA is now with promoting safe flight of civil (b) Affected ADs expanding the process to include MCAI aircraft in air commerce by prescribing ADs that specify the incorporation of regulations for practices, methods, and (1) This AD replaces AD 2004–06–01, airworthiness limitation documents. procedures the Administrator finds Amendment 39–13527 (69 FR 13715, March Although the format of the necessary for safety in air commerce. 24, 2004) (‘‘AD 2004–06–01’’); and AD 2009– 06–09, Amendment 39–15845 (74 FR 12249, airworthiness limitation ADs using the This regulation is within the scope of March 24, 2009) (‘‘AD 2009–06–09’’). new process is different than the FAA’s that authority because it addresses an (2) This AD affects AD 2008–17–01 R1, existing format for airworthiness unsafe condition that is likely to exist or Amendment 39–16106 (74 FR 63569, limitation ADs, the FAA requirements develop on products identified in this December 4, 2009) (‘‘AD 2008–17–01 R1’’); are the same: Operators must revise the rulemaking action. and AD 2012–01–08, Amendment 39–16920
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(77 FR 3583, January 25, 2012) (‘‘AD 2012– intervals, and CDCCLs are allowed except as Issued on January 27, 2020. 01–08’’). specified in the provisions of the ‘‘Ref. Lance T. Gant, (c) Applicability Publications’’ section of EASA AD 2019– Director, Compliance & Airworthiness 0270. This AD applies to all 328 Support Division, Aircraft Certification Service. Services GmbH (Type Certificate previously (j) Terminating Action for Other ADs [FR Doc. 2020–01922 Filed 1–31–20; 8:45 am] held by AvCraft Aerospace GmbH; Fairchild (1) Accomplishing the existing BILLING CODE 4910–13–P Dornier GmbH; Dornier Luftfahrt GmbH) maintenance or inspection program revision Model 328–100 airplanes, certificated in any required by paragraph (g) of this AD category. terminates all requirements of AD 2008–17– DEPARTMENT OF HOMELAND (d) Subject 01 R1. SECURITY Air Transport Association (ATA) of (2) Accomplishing the existing America Code 05, Time Limits/Maintenance maintenance or inspection program revision Coast Guard Checks. required by paragraph (g) of this AD terminates all requirements of AD 2012–01– 33 CFR Part 165 (e) Reason 08 for Model 328–100 airplanes only. This AD was prompted by a determination [Docket Number USCG–2020–0058] that new or more restrictive airworthiness (k) Other FAA AD Provisions limitations are necessary. The FAA is issuing The following provisions also apply to this RIN 1625–AA00 this AD to address the potential failure of AD: parts, which could lead to reduced control of (1) Alternative Methods of Compliance Safety Zone; Monongahela River Mile the airplane; and to address the potential of (AMOCs): The Manager, International 23.8 to Mile 26.0, Pittsburgh, PA ignition sources inside fuel tanks, which, in Section, Transport Standards Branch, FAA, AGENCY: combination with flammable fuel vapors, has the authority to approve AMOCs for this Coast Guard, DHS. could result in fuel tank explosions and AD, if requested using the procedures found ACTION: Notice of proposed rulemaking. consequent loss of the airplane. in 14 CFR 39.19. In accordance with 14 CFR (f) Compliance 39.19, send your request to your principal SUMMARY: The Coast Guard is proposing inspector or local Flight Standards District to establish a temporary safety zone Comply with this AD within the from mile 23.8 to mile 26.0 of the compliance times specified, unless already Office, as appropriate. If sending information done. directly to the International Section, send it Monongahela River. This action is to the attention of the person identified in necessary to provide for the safety of life (g) Existing Maintenance or Inspection paragraph (l)(2) of this AD. Information may on these navigable waters near Elrama Program Revision be emailed to: 9-ANM-116-AMOC- Power Plant, Pittsburgh, PA, during an Except as specified in paragraph (h) of this [email protected]. Before using any electrical conducter pull from March 23, AD: Comply with all required actions and approved AMOC, notify your appropriate 2020 through April 6, 2020. This compliance times specified in, and in principal inspector, or lacking a principal proposed rulemaking would prohibit accordance with, European Union Aviation inspector, the manager of the local flight persons and vessels from entering the Safety Agency (EASA) AD 2019–0270, dated standards district office/certificate holding October 30, 2019 (‘‘EASA AD 2019–0270’’). safety zone unless authorized by the district office. Captain of the Port Marine Safety Unit (2) Contacting the Manufacturer: For any (h) Exceptions to EASA AD 2019–0270 Pittsburgh or a designated (1) The requirements specified in requirement in this AD to obtain instructions from a manufacturer, the instructions must representative. We invite your paragraphs (1) and (2) of EASA AD 2019– comments on this proposed rulemaking. 0270 do not apply to this AD. be accomplished using a method approved (2) Where paragraph (3) of EASA AD 2019– by the Manager, International Section, DATES: Comments and related material 0270 specifies a compliance time of ‘‘Within Transport Standards Branch, FAA; or EASA; must be received by the Coast Guard on 12 months’’ after its effective date to ‘‘revise or 328 Support Services GmbH’s EASA or before March 4, 2020. the approved AMP,’’ this AD requires Design Organization Approval (DOA). If ADDRESSES: You may submit comments ‘‘revising the existing maintenance or approved by the DOA, the approval must identified by docket number USCG– inspection program, as applicable’’ to include the DOA-authorized signature. 2020–0058 using the Federal incorporate the ‘‘limitations, tasks and associated thresholds and intervals’’ (l) Related Information eRulemaking Portal at https:// specified in paragraph (3) of EASA AD 2019– (1) For information about EASA AD 2019– www.regulations.gov. See the ‘‘Public 0270 within 90 days after the effective date 0270, contact the EASA, Konrad-Adenauer- Participation and Request for of this AD. Ufer 3, 50668 Cologne, Germany; telephone Comments’’ portion of the (3) The initial compliance time for doing +49 221 89990 6017; email ADs@easa SUPPLEMENTARY INFORMATION section for the tasks specified in paragraph (3) of EASA .europa.eu; Internet www.easa.europa.eu. further instructions on submitting AD 2019–0270 is at the applicable You may find this EASA AD on the EASA comments. ‘‘associated thresholds’’ specified in website at https://ad.easa.europa.eu. You FOR FURTHER INFORMATION CONTACT: paragraph (3) of EASA AD 2019–0270, or may view this material at the FAA, Transport If within 90 days after the effective date of this Standards Branch, 2200 South 216th St., Des you have questions about this proposed AD, whichever occurs later. Moines, WA. For information on the rulemaking, call or email MST2 Trevor (4) The provisions specified in paragraphs availability of this material at the FAA, call Vannatta, Waterways Management U.S. (4) and (5) of EASA AD 2019–0270 do not 206–231–3195. This material may be found Coast Guard; telephone 412–221–0807, apply to this AD. in the AD docket on the internet at https:// email [email protected]. (5) The ‘‘Remarks’’ section of EASA AD www.regulations.gov by searching for and 2019–0270 does not apply to this AD. SUPPLEMENTARY INFORMATION: locating Docket No. FAA–2020–0088. (i) Provisions for Alternative Actions, (2) For more information about this AD, I. Table of Abbreviations Intervals, and Critical Design Configuration contact Todd Thompson, Aerospace CFR Code of Federal Regulations Control Limitation (CDCCLs) Engineer, International Section, Transport DHS Department of Homeland Security After the existing maintenance or Standards Branch, FAA, 2200 South 216th FR Federal Register inspection program has been revised as St., Des Moines, WA 98198; telephone and NPRM Notice of proposed rulemaking required by paragraph (g) of this AD, no fax 206–231–3228; email Todd.Thompson@ § Section alternative actions (e.g., inspections), faa.gov. U.S.C. United States Code
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II. Background, Purpose, and Legal Order 12866. Accordingly, the NPRM C. Collection of Information Basis has not been reviewed by the Office of This proposed rule would not call for On November 12, 2019, the Duquesne Management and Budget (OMB), and a new collection of information under Light Company notified the Coast Guard pursuant to OMB guidance it is exempt the Paperwork Reduction Act of 1995 that it will be conducting an electrical from the requirements of Executive (44 U.S.C. 3501–3520). conducter pull on March 23, 2020, in Order 13771. D. Federalism and Indian Tribal order to replace existing electrical This regulatory action determination Governments conductor with new higher ampacity is based on the size, location, and electrical conductor. The conducter pull duration of the safety zone. The zone A rule has implications for federalism will take place between mile 23.8 and will impact a 2.2 mile stretch of the under Executive Order 13132 mile 26 on the Elrama Power Plant side Monongahela River and only be (Federalism), if it has a substantial of the Monongahela River. Hazards from enforced during active maintenance direct effect on the States, on the the conducter pull include danger to the periods, and vessel traffic would be able relationship between the national navigability of the waterway due to to safely transit around the safety zone. government and the States, or on the obstruction by equipment. The Captain Moreover, the Coast Guard would issue distribution of power and of the Port (COTP) Marine Safety Unit a Broadcast Notice to Mariners via responsibilities among the various Pittsburgh has determined that potential VHF–FM marine channel 16 about the levels of government. We have analyzed hazards associated with ongoing work zone, and the rule would allow vessels this proposed rule under that Order and would be a safety concern for anyone to seek permission to enter the zone. have determined that it is consistent with the fundamental federalism transiting the river during the B. Impact on Small Entities maintenance activity. principles and preemption requirements The purpose of this rulemaking is to The Regulatory Flexibility Act of described in Executive Order 13132. ensure the safety of vessels and the 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have navigable waters before, during, and requires Federal agencies to consider tribal implications under Executive after the scheduled activity. The Coast the potential impact of regulations on Order 13175 (Consultation and Guard is proposing this rulemaking small entities during rulemaking. The Coordination with Indian Tribal under authority in 46 U.S.C. 70034 term ‘‘small entities’’ comprises small Governments) because it would not (previously 33 U.S.C. 1231). businesses, not-for-profit organizations have a substantial direct effect on one or that are independently owned and more Indian tribes, on the relationship III. Discussion of Proposed Rule operated and are not dominant in their between the Federal Government and The COTP is proposing to establish a fields, and governmental jurisdictions Indian tribes, or on the distribution of safety zone from March 23, 2020 with populations of less than 50,000. power and responsibilities between the through April 6, 2020. The safety zone The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. would cover all navigable waters from 605(b) that this proposed rule would not If you believe this proposed rule has mile 23.8 to mile 26.0 on the have a significant economic impact on implications for federalism or Indian Monongahela River near Pittsburgh, PA. a substantial number of small entities. tribes, please call or email the person The duration of the zone is intended to While some owners or operators of listed in the FOR FURTHER INFORMATION ensure the safety of vessels and these vessels intending to transit the safety CONTACT section. navigable waters before, during, and zone may be small entities, for the E. Unfunded Mandates Reform Act after a scheduled maintenance activity reasons stated in section IV.A above, The Unfunded Mandates Reform Act at the Elrama Power Plant. No vessel or this proposed rule would not have a person would be permitted to enter the of 1995 (2 U.S.C. 1531–1538) requires significant economic impact on any Federal agencies to assess the effects of safety zone without obtaining vessel owner or operator. permission from the COTP or a their discretionary regulatory actions. In If you think that your business, designated representative. The particular, the Act addresses actions organization, or governmental regulatory text we are proposing appears that may result in the expenditure by a jurisdiction qualifies as a small entity at the end of this document. State, local, or tribal government, in the and that this rule would have a aggregate, or by the private sector of IV. Regulatory Analyses significant economic impact on it, $100,000,000 (adjusted for inflation) or We developed this proposed rule after please submit a comment (see more in any one year. Though this considering numerous statutes and ADDRESSES) explaining why you think it proposed rule would not result in such Executive orders related to rulemaking. qualifies and how and to what degree an expenditure, we do discuss the Below we summarize our analyses this rule would economically affect it. effects of this rule elsewhere in this based on a number of these statutes and Under section 213(a) of the Small preamble. Executive orders, and we discuss First Business Regulatory Enforcement F. Environment Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in We have analyzed this proposed rule A. Regulatory Planning and Review understanding this proposed rule. If the under Department of Homeland Executive Orders 12866 and 13563 rule would affect your small business, Security Directive 023–01, Rev. 1, direct agencies to assess the costs and organization, or governmental associated implementing instructions, benefits of available regulatory jurisdiction and you have questions and Environmental Planning alternatives and, if regulation is concerning its provisions or options for COMDTINST 5090.1 (series), which necessary, to select regulatory compliance, please call or email the guide the Coast Guard in complying approaches that maximize net benefits. person listed in the FOR FURTHER with the National Environmental Policy Executive Order 13771 directs agencies INFORMATION CONTACT section. The Coast Act of 1969 (42 U.S.C. 4321–4370f), and to control regulatory costs through a Guard will not retaliate against small have made a preliminary determination budgeting process. This NPRM has not entities that question or complain about that this action is one of a category of been designated a ‘‘significant this proposed rule or any policy or actions that do not individually or regulatory action,’’ under Executive action of the Coast Guard. cumulatively have a significant effect on
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the human environment. This proposed website’s instructions. Additionally, if Information Bulletins (MSIBs), as rule involves a safety zone from mile you go to the online docket and sign up appropriate. 23.8 to mile 26.0 on the Monongahela for email alerts, you will be notified A.W. Demo, River near Pittsburgh, PA from March when comments are posted or a final Commander, U.S. Coast Guard, Captain of 23, 2020 through April 6, 2020. rule is published. Normally such actions are categorically the Port Marine Safety Unit Pittsburgh. excluded from further review under List of Subjects in 33 CFR Part 165 [FR Doc. 2020–01919 Filed 1–31–20; 8:45 am] paragraph L60(a) of Appendix A, Table BILLING CODE 9110–04–P Harbors, Marine safety, Navigation 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A preliminary Record of (water), Reporting and recordkeeping Environmental Consideration requirements, Security measures, DEPARTMENT OF HOMELAND supporting this determination is Waterways. SECURITY available in the docket. For instructions For the reasons discussed in the Coast Guard on locating the docket, see the preamble, the Coast Guard is proposing ADDRESSES section of this preamble. We to amend 33 CFR part 165 as follows: 33 CFR Part 165 seek any comments or information that may lead to the discovery of a PART 165—REGULATED NAVIGATION [Docket Number USCG–2020–0057] significant environmental impact from AREAS AND LIMITED ACCESS AREAS RIN 1625–AA00 this proposed rule. G. Protest Activities ■ 1. The authority citation for part 165 Safety Zone; Monongahela River Mile 28.0 to Mile 30.0, Pittsburgh, PA The Coast Guard respects the First continues to read as follows: Amendment rights of protesters. Authority: 46 U.S.C. 70034, 70051; 33 CFR AGENCY: Coast Guard, DHS. Protesters are asked to call or email the 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Notice of proposed rulemaking. person listed in the FOR FURTHER Department of Homeland Security Delegation INFORMATION CONTACT section to No. 0170.1. SUMMARY: The Coast Guard is proposing coordinate protest activities so that your to establish a temporary safety zone for ■ message can be received without 2. Add § 165.T08–0058 to read as mile 28.0 to mile 30.0 of the jeopardizing the safety or security of follows: Monongahela River. This action is necessary to provide for the safety of life people, places, or vessels. § 165.T08–0058 Safety Zone; on these navigable waters near Mitchell V. Public Participation and Request for Monongahela, Mile 23.8 to Mile 26.0, Pittsburgh, PA. Power Plant, Pittsburgh, PA, during an Comments electrical conducter pull from March 2, We view public participation as (a) Location. The following area is a 2020 through March 20, 2020. This essential to effective rulemaking, and safety zone: All navigable waters of the proposed rulemaking would prohibit will consider all comments and material Monongahela River from mile 23.8 to persons and vessels from being in the received during the comment period. mile 26. safety zone unless authorized by the Your comment can help shape the (b) Effective period. This section is Captain of the Port Pittsburgh or a outcome of this rulemaking. If you effective from March 23, 2020 through designated representative. We invite submit a comment, please include the April 6, 2020. your comments on this proposed docket number for this rulemaking, rulemaking. indicate the specific section of this (c) Regulations. (1) In accordance with DATES: Comments and related material document to which each comment the general regulations in § 165.23, entry must be received by the Coast Guard on applies, and provide a reason for each of persons and vessels into this zone is or before March 4, 2020. suggestion or recommendation. prohibited unless authorized by the We encourage you to submit Captain of the Port Marine Safety Unit ADDRESSES: You may submit comments comments through the Federal Pittsburgh (COTP) or a designated identified by docket number USCG– eRulemaking Portal at https:// representative. 2020–0057 using the Federal www.regulations.gov. If your material eRulemaking Portal at https:// (2) Persons or vessels requiring entry cannot be submitted using https:// www.regulations.gov. See the ‘‘Public into or passage through the zone must www.regulations.gov, call or email the Participation and Request for request permission from the COTP or a person in the FOR FURTHER INFORMATION Comments’’ portion of the designated representative. The COTP’s CONTACT section of this document for SUPPLEMENTARY INFORMATION section for alternate instructions. representative may be contacted at 412– further instructions on submitting We accept anonymous comments. All 221–0807. comments. comments received will be posted (3) All persons and vessels shall FOR FURTHER INFORMATION CONTACT: If without change to https:// comply with the instructions of the you have questions about this proposed www.regulations.gov and will include COTP or a designated representative. rulemaking, call or email MST2 Trevor any personal information you have Designated COTP representatives Vannatta, Waterways Management U.S. provided. For more about privacy and include United States Coast Guard Coast Guard; telephone 412–221–0807, submissions in response to this commissioned, warrant, and petty email [email protected]. document, see DHS’s Correspondence officer. SUPPLEMENTARY INFORMATION: System of Records notice (84 FR 48645, September 26, 2018). (d) Information broadcasts. The I. Table of Abbreviations Documents mentioned in this NPRM Captain COTP or a designated representative will inform the public CFR Code of Federal Regulations as being available in the docket, and all DHS Department of Homeland Security public comments, will be in our online through Local Notice to Mariners FR Federal Register docket at https://www.regulations.gov (LNMs), Broadcast Notices to Mariners NPRM Notice of proposed rulemaking and can be viewed by following that (BNMs), and/or Marine Safety § Section
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U.S.C. United States Code regulatory action,’’ under Executive C. Collection of Information II. Background, Purpose, and Legal Order 12866. Accordingly, the NPRM This proposed rule would not call for Basis has not been reviewed by the Office of a new collection of information under Management and Budget (OMB), and On November 12, 2019, the Duquesne the Paperwork Reduction Act of 1995 pursuant to OMB guidance it is exempt (44 U.S.C. 3501–3520). Light Company notified the Coast Guard from the requirements of Executive that it will be conducting an electrical Order 13771. D. Federalism and Indian Tribal conducter pull on March 2, 2020, in This regulatory action determination Governments order to replace existing electrical is based on the size, location, and A rule has implications for federalism conductor with new higher ampacity duration of the safety zone. The safety under Executive Order 13132 electrical conductor. The conducter pull zone will impact a 2-mile stretch of the (Federalism), if it has a substantial will take place at mile 29 near Mitchell Monongahela River for 19 days, and direct effect on the States, on the Power Plant on the Monongahela River vessel traffic would be able to safely relationship between the national near Pittsburgh, PA. Hazards from the transit around this safety zone. government and the States, or on the conducter pull include danger to the Moreover, the Coast Guard would issue distribution of power and navigability of the waterway due to a Broadcast Notice to Mariners via responsibilities among the various obstruction by equipment. The Captain VHF–FM marine channel 16 about the levels of government. We have analyzed of the Port Pittsburgh (COTP) has zone, and the rule would allow vessels this proposed rule under that Order and determined that potential hazards to seek permission to enter the zone. have determined that it is consistent associated with the maintanence work with the fundamental federalism would be a safety concern for anyone B. Impact on Small Entities principles and preemption requirements transiting the river. The Regulatory Flexibility Act of described in Executive Order 13132. The purpose of this rulemaking is to 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have ensure the safety of vessels and the requires Federal agencies to consider tribal implications under Executive navigable waters before, during, and the potential impact of regulations on Order 13175 (Consultation and after the scheduled maintenance small entities during rulemaking. The Coordination with Indian Tribal activity. The Coast Guard is proposing term ‘‘small entities’’ comprises small Governments) because it would not this rulemaking under authority in 46 businesses, not-for-profit organizations have a substantial direct effect on one or U.S.C. 70034 (previously 33 U.S.C. that are independently owned and more Indian tribes, on the relationship 1231). operated and are not dominant in their between the Federal Government and III. Discussion of Proposed Rule fields, and governmental jurisdictions Indian tribes, or on the distribution of with populations of less than 50,000. power and responsibilities between the The COTP is proposing to establish a The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. safety zone from March 2, 2020 through 605(b) that this proposed rule would not If you believe this proposed rule has March 20, 2020. The safety zone would have a significant economic impact on implications for federalism or Indian cover all navigable waters from mile a substantial number of small entities. tribes, please call or email the person 28.0 to mile 30.0 on the Monongahela While some owners or operators of listed in the FOR FURTHER INFORMATION River near Pittsburgh, PA. The duration CONTACT section. of the zone is intended to ensure the vessels intending to transit the safety safety of vessels and these navigable zone may be small entities, for the E. Unfunded Mandates Reform Act waters before, during, and after a reasons stated in section IV.A above, The Unfunded Mandates Reform Act scheduled maintenance activity. No this proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires vessel or person would be permitted to significant economic impact on any Federal agencies to assess the effects of enter the safety zone without obtaining vessel owner or operator. their discretionary regulatory actions. In permission from the COTP or a If you think that your business, particular, the Act addresses actions designated representative. The organization, or governmental that may result in the expenditure by a regulatory text we are proposing appears jurisdiction qualifies as a small entity State, local, or tribal government, in the at the end of this document. and that this rule would have a aggregate, or by the private sector of significant economic impact on it, $100,000,000 (adjusted for inflation) or IV. Regulatory Analyses please submit a comment (see more in any one year. Though this We developed this proposed rule after ADDRESSES) explaining why you think it proposed rule would not result in such considering numerous statutes and qualifies and how and to what degree an expenditure, we do discuss the Executive orders related to rulemaking. this rule would economically affect it. effects of this rule elsewhere in this Below we summarize our analyses Under section 213(a) of the Small preamble. based on a number of these statutes and Business Regulatory Enforcement F. Environment Executive orders, and we discuss First Fairness Act of 1996 (Pub. L. 104–121), Amendment rights of protestors. we want to assist small entities in We have analyzed this proposed rule understanding this proposed rule. If the under Department of Homeland A. Regulatory Planning and Review rule would affect your small business, Security Directive 023–01, Rev. 1, Executive Orders 12866 and 13563 organization, or governmental associated implementing instructions, direct agencies to assess the costs and jurisdiction and you have questions and Environmental Planning benefits of available regulatory concerning its provisions or options for COMDTINST 5090.1 (series), which alternatives and, if regulation is compliance, please call or email the guide the Coast Guard in complying necessary, to select regulatory person listed in the FOR FURTHER with the National Environmental Policy approaches that maximize net benefits. INFORMATION CONTACT section. The Coast Act of 1969 (42 U.S.C. 4321–4370f), and Executive Order 13771 directs agencies Guard will not retaliate against small have made a preliminary determination to control regulatory costs through a entities that question or complain about that this action is one of a category of budgeting process. This NPRM has not this proposed rule or any policy or actions that do not individually or been designated a ‘‘significant action of the Coast Guard. cumulatively have a significant effect on
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the human environment. This proposed website’s instructions. Additionally, if Information Bulletins (MSIBs), as rule involves a safety zone lasting from you go to the online docket and sign up appropriate. March 2, 2020 through March 20, 2020 for email alerts, you will be notified A.W. Demo, from mile 28.0 to mile 30.0 on the when comments are posted or a final Commander, U.S. Coast Guard, Captain of Monongahela River near Pittsburgh, PA. rule is published. Normally such actions are categorically the Port Marine Safety Unit Pittsburgh. excluded from further review under List of Subjects in 33 CFR Part 165 [FR Doc. 2020–01920 Filed 1–31–20; 8:45 am] paragraph L60(a) of Appendix A, Table BILLING CODE 9110–04–P Harbors, Marine safety, Navigation 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A preliminary Record of (water), Reporting and recordkeeping Environmental Consideration requirements, Security measures, DEPARTMENT OF THE INTERIOR supporting this determination is Waterways. available in the docket. For instructions For the reasons discussed in the Fish and Wildlife Service on locating the docket, see the preamble, the Coast Guard is proposing 50 CFR Part 10 ADDRESSES section of this preamble. We to amend 33 CFR part 165 as follows: seek any comments or information that [Docket No. FWS–HQ–MB–2018–0090; may lead to the discovery of a PART 165—REGULATED NAVIGATION FF09M29000–201–FXMB12320900000] significant environmental impact from AREAS AND LIMITED ACCESS AREAS this proposed rule. RIN 1018–BD76 G. Protest Activities ■ 1. The authority citation for part 165 Migratory Bird Permits; Regulations The Coast Guard respects the First continues to read as follows: Governing Take of Migratory Birds; Amendment rights of protesters. Authority: 46 U.S.C. 70034, 70051; 33 CFR Environmental Impact Statement Protesters are asked to call or email the 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Fish and Wildlife Service, FOR FURTHER Department of Homeland Security Delegation person listed in the Interior. INFORMATION CONTACT section to No. 0170.1. coordinate protest activities so that your ACTION: Supplementary proposed rule; ■ message can be received without 2. Add § 165.T08–0057 to read as intent to prepare an environmental jeopardizing the safety or security of follows: impact statement. people, places, or vessels. § 165.T08–0057 Safety Zone; SUMMARY: This document advises that V. Public Participation and Request for Monongahela, Mile 28.0 to Mile 30.0, we, the U.S. Fish and Wildlife Service Comments Pittsburgh, PA. (Service), intend to prepare a draft We view public participation as (a) Location. The following area is a environmental impact statement pursuant to the National Environmental essential to effective rulemaking, and safety zone: all navigable waters of the Policy Act of 1969 (NEPA). The Service will consider all comments and material Monongahela River from mile 28.0 to hereby notifies Federal, State, and local received during the comment period. mile 30.0. agencies, tribes, and the public of our Your comment can help shape the (b) Effective period. This section is outcome of this rulemaking. If you intentions to evaluate the potential effective from March 2, 2020 through submit a comment, please include the environmental impacts of a proposal to March 20, 2020. docket number for this rulemaking, adopt a regulation that clarifies that the indicate the specific section of this (c) Regulations. (1) In accordance with Migratory Bird Treaty Act’s prohibitions document to which each comment the general regulations in § 165.23, entry on pursuing, hunting, taking, capturing, applies, and provide a reason for each of persons and vessels into this zone is killing, or attempting to do the same, suggestion or recommendation. prohibited unless authorized by the apply only to actions directed at We encourage you to submit Captain of the Port Marine Safety Unit migratory birds, their nests, or their eggs, and, therefore, do not extend to comments through the Federal Pittsburgh (COTP) or a designated incidental take, which occurs when eRulemaking Portal at https:// representative. www.regulations.gov. If your material injury or mortality to migratory birds (2) Persons or vessels requiring entry cannot be submitted using https:// results from, but is not the purpose of, into or passage through the zone must www.regulations.gov, call or email the an activity. The review will analyze the request permission from the COTP or a person in the FOR FURTHER INFORMATION environmental effects of the proposed designated representative. The COTP’s CONTACT section of this document for approach and will provide detailed alternate instructions. representative may be contacted at 412– analysis of the environmental effects of We accept anonymous comments. All 221–0807. the proposed rule. We invite input from comments received will be posted (3) All persons and vessels shall other Federal and State agencies, tribes, without change to https:// comply with the instructions of the nongovernmental organizations, and www.regulations.gov and will include COTP or a designated representative. members of the public on the scope of the proposed NEPA analysis, the any personal information you have Designated COTP representatives pertinent issues we should address, and provided. For more about privacy and include United States Coast Guard submissions in response to this alternatives to our proposed approach commissioned, warrant, and petty for implementing the MBTA. We will document, see DHS’s Correspondence officer. System of Records notice (84 FR 48645, hold multiple public scoping webinars September 26, 2018). (d) Information broadcasts. The to inform the public about the proposal. Documents mentioned in this NPRM Captain COTP or a designated DATES: as being available in the docket, and all representative will inform the public Comment submission: Public scoping public comments, will be in our online through Local Notice to Mariners will begin with the publication of this docket at https://www.regulations.gov (LNMs), Broadcast Notices to Mariners document in the Federal Register and and can be viewed by following that (BNMs), and/or Marine Safety will continue through March 19, 2020.
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We will consider all comments on the transport or cause to be transported, carry or The Service needs to conduct this action scope of the draft environmental review cause to be carried, or receive for shipment, to improve consistency in enforcement that are received or postmarked by that transportation, carriage, or export, any of the MBTA’s prohibitions across the date. Comments received or postmarked migratory bird, any part, nest, or egg of any country and thereby eliminate public such bird, or any product, whether or not after that date will be considered to the manufactured, which consists, or is uncertainty caused by the current extent practicable. composed in whole or part, of any such bird patchwork of legal standards across the Public scoping meetings: We will hold or any part, nest, or egg thereof. different Circuit Courts of Appeal, public scoping meetings in the form of which have reached different Section 3(a) of the MBTA (16 U.S.C. multiple webinars in February/March conclusions on the central question of 704(a)) authorizes and directs the 2020. We will announce exact webinar whether the MBTA prohibits incidental Secretary of the Interior to ‘‘adopt dates, times, and registration details on take. This approach also aligns with and suitable regulations’’ allowing ‘‘hunting, the internet at https://fws.gov/ implements the Department’s taking, capture, killing, possession, sale, migratorybirds/2020Regulation.php. interpretation of the MBTA in M–37050. purchase, shipment, transportation, ADDRESSES: carriage, or export of any such bird, or NEPA Analysis of Potential Codification Comment submission: You may any part, nest, or egg thereof’’ while of the Solicitor’s Opinion Options submit written comments by one of the considering (‘‘having due regard to’’) The National Environmental Policy following methods. Please do not temperature zones and ‘‘distribution, Act of 1969 (NEPA; 42 U.S.C. 4321– submit comments by both. abundance, economic value, breeding 4347) requires Federal agencies to (1) Electronically: Go to the Federal habits, and times and lines of migratory undertake an assessment of the eRulemaking Portal: http:// flight of such birds.’’ Section 3(a) also environmental effects of any proposed www.regulations.gov. Follow the requires the Secretary to ‘‘determine action prior to making a final decision instructions for submitting comments to when, to what extent, if at all, and by and implementing it. NEPA Docket No. FWS–HQ–MB–2018–0090. what means, it is compatible with the requirements apply to any Federal (2) By hard copy: Submit by U.S. mail terms of the conventions’’ to adopt such project, decision, or action that may or hand-delivery to: Public Comments regulations allowing these otherwise- have a significant impact on the quality Processing, Attn: FWS–HQ–MB–2018– prohibited activities. of the human environment. NEPA also 0090; U.S. Fish and Wildlife Service; On December 22, 2017, the Principal established the Council on MS: JAO/1N; 5275 Leesburg Pike; Falls Deputy Solicitor of the Department of Environmental Quality, which issued Church, VA 22041–3803. the Interior, exercising the authority of regulations implementing the We do not accept email or faxes. We the Solicitor pursuant to Secretary’s procedural provisions of NEPA (40 CFR will post all comments on http:// Order 3345, issued a legal opinion, M– 1500–1508). www.regulations.gov, including any 37050, ‘‘The Migratory Bird Treaty Act We intend to complete an personal information you provide. Does Not Prohibit Incidental Take’’ (M– environmental impact statement to Document availability: The proposed 37050 or M-Opinion). This opinion assess the impacts of codifying the rule and supplementary materials will thoroughly examined the text, history, Solicitor’s Opinion, M–37050 and the be available at the Federal eRulemaking and purpose of the MBTA and effects on migratory bird populations of Portal: http://www.regulations.gov in concluded that the MBTA’s prohibitions mortality resulting from incidental take. Docket No. FWS–HQ–MB–2018–0090. on pursuing, hunting, taking, capturing, We will address our compliance with FOR FURTHER INFORMATION CONTACT: killing, or attempting to do the same other applicable authorities in our Jerome Ford, Assistant Director, apply only to actions directed at proposed environmental review. Migratory Birds, U.S. Fish and Wildlife migratory birds, their nests, or their Tribal Trust Responsibilities Service at 202–208–1050. eggs. This opinion is consistent with the SUPPLEMENTARY INFORMATION: Fifth Circuit’s decision in United States The Service has overarching Tribal v. CITGO Petroleum Corp., 801 F.3d 477 Trust Doctrine responsibilities to tribes Background (5th Cir. 2015), which examined under the Bald and Golden Eagle The Migratory Bird Treaty Act whether the MBTA prohibits incidental Protection Act (16 U.S.C. 668–668d); the (MBTA; 16 U.S.C. 703–12) was enacted take. It also marked a change from prior National Historic Preservation Act (16 in 1918 to help fulfill the United States’ U.S. Fish and Wildlife Service U.S.C. 470 et seq.); the American Indian obligations under the 1916 ‘‘Convention interpretations and an earlier Solicitor’s Religious Freedom Act (42 U.S.C. 1996); between the United States and Great Opinion, M–37041, ‘‘Incidental Take the Religious Freedom Restoration Act Britain for the protection of Migratory Prohibited Under the Migratory Bird of 1993 (42 U.S.C. 2000bb et seq.); Birds,’’ 39 Stat. 1702 (Aug. 16, 1916) Treaty Act.’’ The Office of the Solicitor Secretarial Order 3206, American Indian (ratified Dec. 7, 1916) (Migratory Bird performs the legal work for the Tribal Rights, Federal–Tribal Trust Treaty). The list of migratory birds Department of the Interior, including Responsibilities, and the Endangered protected by the MBTA is currently the U.S. Fish and Wildlife Service. The Species Act (June 5, 1997); Executive codified in title 50 of the Code of Service is the Federal agency delegated Order 13007, Indian Sacred Sites (61 FR Federal Regulations at 50 CFR 10.13. the primary responsibility for managing 26771, May 29, 1996); and the Service’s In its current form, section 2(a) of the migratory birds. Native American Policy. We apply the terms ‘‘tribal’’ or ‘‘tribe(s)’’ generally to MBTA (16 U.S.C. 703(a)) provides that, Need for Proposed Agency Action unless permitted by regulations, it is federally recognized tribes and Alaska unlawful: The Service proposes to interpret the Native tribal entities. We will refer to MBTA to prohibit only actions directed Native Hawaiian Organizations at any time, by any means or in any manner, at migratory birds, their nests, or their separately when we intend to include to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, eggs, and to clarify that incidental take those entities. The Service will sell, offer to barter, barter, offer to purchase, is not prohibited. The purpose of this separately consult with tribes and with purchase, deliver for shipment, ship, export, action is to provide an official Native Hawaiians on the proposals set import, cause to be shipped, exported, or regulatory definition of the scope of the forth in the proposed rule. We will also imported, deliver for transportation, statute as it relates to incidental take. ensure that those tribes and Native
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Hawaiians wishing to engage directly in Native Hawaiian Organizations, and the Act. This proposed rule is consistent the NEPA process will have the species having cultural significance for with the Solicitor’s Opinion, M–37050, opportunity to do so. As part of this the general public and impacts to which concludes that the MBTA’s process, we will protect the confidential cultural values from the actions being prohibitions on pursuing, hunting, nature of any consultations and other considered. taking, capturing, killing, or attempting communications we have with tribes You may submit your comments and to do the same, apply only to actions and Native Hawaiians to the extent materials by one of the methods directed at migratory birds, their nests, authorized by law. described above under ADDRESSES. Once or their eggs. the draft environmental documents are Public Scoping and Comments DATES: We will accept written completed, we will offer further comments on this proposed rule until See DATES for information about opportunities for public comment. March 19, 2020. upcoming scoping webinars. Please note Public Availability of Comments ADDRESSES: You may submit comments that the Service will ensure that the by either one of the following methods. public scoping webinars will be Written comments we receive become Please do not submit comments by both. accessible to members of the public part of the public record associated with • Federal eRulemaking Portal: http:// with disabilities. A primary purpose of this action. Your address, phone www.regulations.gov. Follow the the scoping process is to receive number, email address, or other instructions for submitting comments to suggestions and information on the personal identifying information that Docket No. FWS–HQ–MB–2018–0090. scope of issues and alternatives to you include in your comment may • U.S. mail or hand-delivery: Public consider when drafting the become publicly available. You may ask Comments Processing, Attn: FWS–HQ– environmental documents and to us to withhold your personal identifying MB–2018–0090; U.S. Fish and Wildlife identify significant issues and information from public review, but we Service; MS: JAO/1N; 5275 Leesburg reasonable alternatives related to the cannot guarantee that we will be able to Pike, Falls Church, VA 22041–3803. Service’s proposed action. To ensure do so. All submissions from We will not accept email or faxes. We that we identify a range of issues and organizations or businesses, and from will post all comments on http:// alternatives related to the proposed individuals identifying themselves as www.regulations.gov, including any action, we invite comments and representatives or officials of personal information you provide. See suggestions from all interested parties. organizations or businesses, will be Public Comments, below, for more We will conduct a review of this made available for public disclosure in information. proposed action according to the their entirety. FOR FURTHER INFORMATION CONTACT: requirements of NEPA and its Jerome Ford, Assistant Director, regulations, other relevant Federal laws, Authority Migratory Birds, at 202–208–1050. regulations, policies, and guidance, and The authorities for this action are the our procedures for compliance with Migratory Bird Treaty Act (16 U.S.C. SUPPLEMENTARY INFORMATION: applicable regulations. 703–712) and the National Background We request information from Environmental Policy Act of 1969 (42 The Migratory Bird Treaty Act interested government agencies, Native U.S.C. 4321 et seq.). (MBTA; 16 U.S.C. 703 et seq.) was American tribes, Native Hawaiian Dated: January 6, 2020. enacted in 1918 to help fulfill the Organizations, the scientific Rob Wallace, United States’ obligations under the community, industry, nongovernmental 1916 ‘‘Convention between the United organizations, and other interested Assistant Secretary for Fish and Wildlife and Parks. States and Great Britain for the parties. We solicit input on the [FR Doc. 2020–01770 Filed 1–31–20; 8:45 am] protection of Migratory Birds.’’ 39 Stat. following: (1) The avoidance, minimization, and BILLING CODE 4333–15–P 1702 (Aug. 16, 1916) (ratified Dec. 7, mitigation measures entities employed 1916) (Migratory Bird Treaty). The list to address incidental take of migratory of applicable migratory birds protected DEPARTMENT OF THE INTERIOR birds (prior to M-Opinion 37050); by the MBTA is currently codified in title 50 of the Code of Federal (2) The direct costs associated with Fish and Wildlife Service implementing these measures; Regulations at 50 CFR 10.13. (3) The indirect costs that entities In its current form, section 2(a) of the 50 CFR Part 10 have incurred related to the legal risk of MBTA provides that, unless permitted prosecution for incidental take of [Docket No. FWS–HQ–MB–2018–0090; by regulations, it is unlawful: migratory birds (e.g., legal fees, FF09M29000–156–FXMB1232090BPP0] at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to increased interest rates on financing, RIN 1018–BD76 insurance, opportunity costs); take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, (4) The extent that avoidance, Regulations Governing Take of minimization, and mitigation measures purchase, deliver for shipment, ship, export, Migratory Birds import, cause to be shipped, exported, or continue to be used (after issuance of M- imported, deliver for transportation, AGENCY: Opinion 37050); Fish and Wildlife Service, transport or cause to be transported, carry or (5) Any quantitative information Interior. cause to be carried, or receive for shipment, regarding the economic benefits and/or ACTION: Proposed rule. transportation, carriage, or export, any ecosystem services (e.g., pollination, migratory bird, any part, nest, or egg of any pest control, etc.) provided by migratory SUMMARY: We, the U.S. Fish and such bird, or any product, whether or not birds; Wildlife Service (FWS, Service, we), manufactured, which consists, or is (6) Information regarding resources propose to adopt a regulation that composed in whole or part, of any such bird that may be affected by the proposal; defines the scope of the Migratory Bird or any part, nest, or egg thereof. and Treaty Act (MBTA or Act) as it applies 16 U.S.C. 703(a). (7) Species having religious or to conduct resulting in the injury or Section 3(a) of the MBTA authorizes cultural significance for tribes and death of migratory birds protected by and directs the Secretary of the Interior
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to ‘‘adopt suitable regulations’’ allowing and at https://www.doi.gov/solicitor/ must be determined in context’ . . . .’’ ‘‘hunting, taking, capture, killing, opinions. (quoting SEC v. Nat’l Sec., Inc., 393 U.S. possession, sale, purchase, shipment, As described in M–37050, the text 453, 466 (1969)); Beecham v. United transportation, carriage, or export of any and purpose of the MBTA indicate that States, 511 U.S. 368, 371 (1994) (the fact such bird, or any part, nest, or egg the MBTA’s prohibitions on pursuing, that ‘‘several items in a list share an thereof’’ while considering (‘‘having due hunting, taking, capturing, killing, or attribute counsels in favor of regard to’’) temperature zones and attempting to do the same only interpreting the other items as ‘‘distribution, abundance, economic criminalize actions that are specifically possessing that attribute as well’’). value, breeding habits, and times and directed at migratory birds, their nests, Section 2 of the MBTA groups together lines of migratory flight of such birds.’’ or their eggs. five verbs—‘‘pursue,’’ ‘‘hunt,’’ ‘‘take,’’ 16 U.S.C. 704(a). Section 3(a) also The relevant portion of the MBTA ‘‘capture,’’ and ‘‘kill.’’ Accordingly, the requires the Secretary to ‘‘determine reads, ‘‘it shall be unlawful at any time, statutory construction canon of noscitur when, to what extent, if at all, and by by any means or in any manner, to a sociis (‘‘it is known by its associates’’) what means, it is compatible with the pursue, hunt, take, capture, kill, attempt counsels in favor of reading each verb terms of the conventions’’ to adopt such to take, capture, or kill . . . any to have a related meaning. See Scalia & regulations allowing these otherwise- migratory bird, [or] any part, nest, or egg Garner at 195 (‘‘The canon especially prohibited activities. Id. of any such bird.’’ 16 U.S.C. 703(a). Of holds that ‘words grouped in a list On December 22, 2017, the Principal the five referenced verbs, three—pursue, should be given related meanings.’ ’’ Deputy Solicitor of the Department of hunt, and capture—unambiguously (quoting Third Nat’l Bank, 432 U.S. at the Interior, exercising the authority of require an action that is directed at 322)). the Solicitor pursuant to Secretary’s migratory birds, nests, or eggs. To wit, Thus, when read together with the Order 3345, issued a legal opinion, M– according to the entry for each word in other active verbs in section 2 of the 37050, ‘‘The Migratory Bird Treaty Act a contemporary dictionary: MBTA, the proper meaning is evident. The operative verbs (‘‘pursue, hunt, Does Not Prohibit Incidental Take’’ (M– • Pursue means ‘‘[t]o follow with a take, capture, kill’’) ‘‘are all affirmative 37050 or M–Opinion). This opinion view to overtake; to follow eagerly, or acts . . . which are directed thoroughly examined the text, history, with haste; to chase.’’ Webster’s Revised immediately and intentionally against a and purpose of the MBTA and Unabridged Dictionary 1166 (1913); particular animal—not acts or omissions concluded that the MBTA’s prohibitions • Hunt means ‘‘[t]o search for or on pursuing, hunting, taking, capturing, that indirectly and accidentally cause follow after, as game or wild animals; to injury to a population of animals.’’ killing, or attempting to do the same chase; to pursue for the purpose of apply only to actions that are directed Sweet Home, 515 U.S. at 719–20 (Scalia, catching or killing.’’ Id. at 713; and J., dissenting) (agreeing with the at migratory birds, their nests, or their • Capture means ‘‘[t]o seize or take eggs. This opinion is consistent with the majority opinion that certain terms in possession of by force, surprise, or the definition of the term ‘‘take’’ in the Fifth Circuit’s recent decision in United stratagem; to overcome and hold; to States v. CITGO Petroleum Corp., 801 Endangered Species Act (ESA)— secure by effort.’’ Id. at 215. identical to the other prohibited acts F.3d 477 (5th Cir. 2015), which Thus, one does not passively or examined whether the MBTA prohibits referenced in the MBTA—refer to accidentally pursue, hunt, or capture. deliberate actions, while disagreeing incidental take. It also marked a change Rather, each requires a deliberate action from prior U.S. Fish and Wildlife that the use of the additional specifically directed at achieving a goal. definitional term ‘‘harm’’—used only in Service interpretations and an earlier By contrast, the verbs ‘‘kill’’ and Solicitor’s Opinion, M–37041, the ESA—meant that ‘‘take’’ should be ‘‘take’’ could refer to active or passive read more broadly to include actions not ‘‘Incidental Take Prohibited Under the conduct, depending on the context. See Migratory Bird Treaty Act.’’ The Office deliberately directed at covered id. at 813 (‘‘kill’’ may mean the more species); see also United States v. of the Solicitor performs the legal work active ‘‘to put to death; to slay’’ or serve for the Department of the Interior, CITGO Petroleum Corp., 801 F.3d 477, as the general term for depriving of life); 489 n.10 (5th Cir. 2015) (‘‘Even if ‘kill’ including the U.S. Fish and Wildlife id. at 1469 (‘‘take’’ has many definitions, does have independent meaning [from Service (hereafter ‘‘Service’’). The including the more passive ‘‘[t]o receive ‘take’], the Supreme Court, interpreting Service is the Federal agency delegated into one’s hold, possession, etc., by a a similar list in the [Endangered Species the primary responsibility for managing voluntary act’’ or the more active ‘‘[t]o Act], concluded that the terms pursue, migratory birds. lay hold of, as in grasping, seizing, hunt, shoot, wound, kill, trap, capture, This proposed rule addresses the catching, capturing, adhering to, or the Service’s responsibilities under the and collect, generally refer to deliberate like; grasp; seize;—implying or actions’’); cf. Sweet Home, 515 U.S. at MBTA. Consistent with M–37050, the suggesting the use of physical force’’). 698 n.11 (Congress’s decision to Service proposes to adopt a regulation Any ambiguity inherent in the specifically define ‘‘take’’ in the ESA defining the scope of the MBTA’s statute’s use of the terms ‘‘take’’ and obviated the need to define its common- prohibitions to reach only actions ‘‘kill’’ is resolved by applying law meaning). directed at migratory birds, their nests, established rules of statutory Accordingly, it is reasonable to or their eggs. construction. First and foremost, when conclude that the MBTA’s prohibition Provisions of the Proposed Rule any words ‘‘are associated in a context on killing is similarly limited to suggesting that the words have deliberate acts that result in bird deaths. Scope of the Migratory Bird Treaty Act something in common, they should be See Newton County Wildlife Ass’n v. As a matter of both law and policy, assigned a permissible meaning that U.S. Forest Serv., 113 F.3d 110, 115 (8th the Service proposes to codify M–37050 makes them similar.’’ Antonin Scalia & Cir. 1997) (‘‘MBTA’s plain language in a regulation defining the scope of the Bryan A. Garner, Reading the Law: The prohibits conduct directed at migratory MBTA. M–37050 is available on the interpretation of Legal Texts, 195 (2012); birds .... [T]he ambiguous terms internet at the Federal eRulemaking see also Third Nat’l Bank v. Impac, Ltd., ‘take’ and ‘kill’ in 16 U.S.C. 703 mean Portal: http://www.regulations.gov in 432 U.S. 312, 321 (1977) (‘‘As always, ‘physical conduct of the sort engaged in Docket No. FWS–HQ–MB–2018–0090; ‘[t]he meaning of particular phrases by hunters and poachers ....’’’
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(quoting Seattle Audubon Soc’y v. persons. Here he has a transient property in themselves. For instance, the manner Evans, 952 F.2d 297, 302 (9th Cir. these animals usually called game so long as and means of hunting may differ from 1991))); United States v. Brigham Oil & they continue within his liberty, and may bowhunting to rifles, shotguns, and air restrain any stranger from taking them rifles, but hunting is still a deliberately Gas, 840 F. Supp. 2d 1202, 1208 (D.N.D. therein; but the instant they depart into 2012) (‘‘In the context of the Act, ‘take’ another liberty, this qualified property conducted activity. Likewise, rendering refers to conduct directed at birds, such ceases. all-inclusive the manner and means of as hunting and poaching, and not acts ‘taking’ migratory birds does not change Id. at 526–27 (1896) (quoting 2 or omissions having merely the what ‘take’ means, it merely modifies Blackstone Commentary 410). Thus, incidental or unintended effect of the mode of take.’’). under common law ‘‘[t]o ‘take,’ when causing bird deaths’’). This conclusion In reaching a contrary conclusion, applied to wild animals, means to is also supported by the U.S. Fish and Opinion M–37041 assumed that because reduce those animals, by killing or Wildlife Service’s implementing section 703 of the MBTA is a strict- capturing, to human control.’’ Sweet regulations, which define ‘‘take’’ to liability provision, meaning that no Home, 515 U.S. at 717 (Scalia, J., mens rea or criminal intent is required mean ‘‘to pursue, hunt, shoot, wound, dissenting); see also CITGO, 801 F.3d at kill, trap, capture, or collect’’ or attempt for a violation to have taken place, any 489 (‘‘Justice Scalia’s discussion of act that takes or kills a bird must be to do the same. 50 CFR 10.12. The ‘take’ as used in the Endangered Species component actions of ‘‘take’’ involve covered as long as the act results in the Act is not challenged here by the death of a bird. In making that direct and purposeful actions to reduce government . . . because Congress gave animals to human control. As such, they assumption, M–37041 improperly ‘take’ a broader meaning for that ignored the meaning and context of the ‘‘reinforce [ ] the dictionary definition, statute.’’). As is the case with the ESA, and confirm [ ] that ‘take’ does not actual acts prohibited by the statute. in the MBTA, ‘‘[t]he taking prohibition Instead, the opinion presumed that the refer to accidental activity or the is only part of the regulatory plan . . ., unintended results of other conduct.’’ lack of a mental state requirement for a which covers all stages of the process by misdemeanor violation of the MBTA Brigham Oil & Gas, 840 F. Supp. 2d at which protected wildlife is reduced to 1209. This interpretation does not equated to reading the prohibited acts man’s dominion and made the object of ‘‘kill’’ and ‘‘take’’ as broadly applying to render the words ‘‘take’’ and ‘‘kill’’ profit,’’ and, as such, is ‘‘a term of art redundant since each has its own actions not specifically directed at deeply embedded in the statutory and migratory birds, so long as the result discrete definition; indeed, one can common law concerning wildlife’’ that hunt or pursue an animal without either was their death or injury. But the ‘‘describes a class of acts (not omissions) relevant acts prohibited by the MBTA killing it or taking it under the done directly and intentionally (not definitions relevant at the time the are voluntary acts directed at reducing indirectly and by accident) to particular an animal to human control, such as MBTA was enacted. animals (not populations of animals).’’ Furthermore, the notion that ‘‘take’’ when a hunter shoots a protected bird Sweet Home, 515 U.S. at 718 (Scalia, J., causing its death. The key remains that refers to an action directed immediately dissenting). The common-law meaning against a particular animal is supported the actor was engaged in an activity the of the term ‘‘take’’ is particularly object of which was to render a bird by the use of the word ‘‘take’’ in the important here because, unlike the ESA, common law. As the Supreme Court has subject to human control. which specifically defines the term By contrast, liability fails to attach to instructed, ‘‘absent contrary indications, ‘‘take,’’ the MBTA does not define Congress intends to adopt the common actions that are not directed toward ‘‘take’’—instead it includes the term in rendering an animal subject to human law definition of statutory terms.’’ a list of similar actions. Thus, the Sweet control. Common examples of such United States v. Shabani, 513 U.S. 10, Home majority’s ultimate conclusion actions include: driving a car, allowing 13 (1994). As Justice Scalia noted, ‘‘the that Congress’s decision to define ‘‘take’’ a pet cat to roam outdoors, or erecting term [‘take’] is as old as the law itself.’’ in the ESA obviated the need to divine a windowed building. All of these Sweet Home, 515 U.S. at 717 (Scalia, J., its common-law meaning is inapplicable actions could foreseeably result in the dissenting). For example, the Digest of here. See id. at 697, n.10. Instead, the deaths of protected birds, and all would Justinian places ‘‘take’’ squarely in the opposite is true. be violations of the MBTA under the context of acquiring dominion over wild A number of courts, as well as the now-withdrawn M-Opinion if they did animals, stating: prior M-Opinion, have focused on the in fact result in deaths of protected [A]ll the animals which can be taken upon MBTA’s direction that a prohibited act birds, yet none of these actions have as the earth, in the sea, or in the air, that is to can occur ‘‘at any time, by any means, their object rendering any animal say, wild animals, belong to those who take in any manner’’ to support the subject to human control. Because, them. . . . Because that which belongs to conclusion that the statute prohibits any under the present interpretation, no nobody is acquired by the natural law by the activity that results in the death of a person who first possesses it. We do not ‘‘take’’ has occurred within the meaning distinguish the acquisition of these wild bird, which would necessarily include of the MBTA, the strict-liability beasts and birds by whether one has captured incidental take. However, the quoted provisions of the Act would not be them on his own property [or] on the statutory language does not change the triggered. property of another; but he who wishes to nature of those prohibited acts and The prior M-Opinion posited that enter into the property of another to hunt can simply clarifies that activities directed amendments to the MBTA imposing be readily prevented if the owner knows his at migratory birds, such as hunting and mental state requirements for certain purpose to do so. poaching, are prohibited whenever and specific offenses were only necessary if Geer v. Connecticut, 161 U.S. 519, 523 wherever they occur and whatever no mental state is otherwise required. (1896) (quoting Digest, Book 41, Tit. 1, manner is applied, be it a shotgun, a But the conclusion that the taking and De Adquir. Rer. Dom.). Likewise, bow, or some other creative approach to killing of migratory birds is a strict- Blackstone’s Commentaries provide: deliberately taking birds. See generally liability crime does not answer the A man may lastly have a qualified property CITGO, 801 F.3d at 490 (‘‘The addition separate question of what acts are in animals feroe naturoe, propter privilegium, of adverbial phrases connoting ‘means’ criminalized under the statute. The that is, he may have the privilege of hunting, and ‘manner,’ however, does not serve Fifth Circuit agreed in CITGO, stating taking and killing them in exclusion of other to transform the nature of the activities ‘‘we disagree that because misdemeanor
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MBTA violations are strict liability F. Supp. 2d 1070, 1080 (D. Colo. 1999) also killing them when they are nesting up crimes, a ‘take’ includes acts (or (‘‘the MBTA’s legislative history in Canada. omissions) that indirectly or indicates that Congress intended to Protection of Migratory Birds: Hearing accidentally kill migratory birds.’’ The regulate recreational and commercial on H.R. 20080 Before the House Comm. court goes on to note that ‘‘[a] person hunting’’); Mahler, 927 F. Supp. at 1574 on Foreign Affairs, 64th Cong. 7 (1917) whose car accidentally collided with the (‘‘The MBTA was designed to forestall (statement of Rep. Miller). bird . . . has committed no act ‘taking’ hunting of migratory birds and the sale In seeking to take a broader view of the bird for which he could be held of their parts’’). Testimony concerning congressional purpose, the Moon Lake strictly liable. Nor do the owners of the MBTA given by the Solicitor’s Office court looked to other contemporary electrical lines ‘take’ migratory birds for the Department of Agriculture statements that cited the destruction of who run into them. These distinctions underscores this focus: habitat, along with improvements in are inherent in the nature of the word We people down here hunt [migratory firearms, as a cause of the decline in ‘taking’ and reveal the strict liability birds]. The Canadians reasonably want some migratory bird populations. The court argument as a non-sequitur.’’ 801 F.3d assurances from the United States that if they even suggested that these statements, at 493. Similarly, in Mahler v. U.S. let those birds rear their young up there and which ‘‘anticipated application of the come down here, we will preserve a Forest Serv., 927 F. Supp. 1559 (S.D. MBTA to children who act ‘through Ind. 1996), the court described the sufficient supply to permit them to go back there. inadvertence’ or ‘through accident,’ ’’ interplay between activities that are supported a broader reading of the specifically directed at birds and the Protection of Migratory Birds: Hearing legislative history. Moon Lake, 45 F. strict liability standard of the MBTA: on H.R. 20080 Before the House Comm. Supp. 2d at 1080–81. Upon closer on Foreign Affairs, 64th Cong. 22–23 examination, these statements are [A comment in the legislative history] in (1917) (statement of R.W. Williams, favor of strict liability does not show any instead consistent with a limited Solicitor’s Office, Department of intention on the part of Congress to extend reading of the MBTA. Agriculture). Likewise, the Chief of the the scope of the MBTA beyond hunting, One such contemporary statement Department of Agriculture’s Bureau of trapping, poaching, and trading in birds and cited by the court is a letter from bird parts to reach any and all human activity Biological Survey noted that he ‘‘ha[s] Secretary of State Robert Lansing to the that might cause the death of a migratory always had the idea that [passenger President attributing the decrease in bird. Those who engage in such activity and pigeons] were destroyed by migratory bird populations to two who accidentally kill a protected migratory overhunting, being killed for food and bird or who violate the limits on their general issues: for sport.’’ Protection of Migratory Birds: permits may be charged with misdemeanors • Habitat destruction, described Hearing on H.R. 20080 Before the House without proof of intent to kill a protected generally as ‘‘the extension of Comm. on Foreign Affairs, 64th Cong. bird or intent to violate the terms of a permit. agriculture, and particularly the That does not mean, however, that Congress 11 (1917) (statement of E. W. Nelson, draining on a large scale of swamps and intended for ‘‘strict liability’’ to apply to all Chief Bureau of Biological Survey, forms of human activity, such as cutting a meadows;’’ and Department of Agriculture). • tree, mowing a hayfield, or flying a plane. Statements from individual Hunting, described in terms of The 1986 amendment and corresponding Congressmen evince a similar focus on ‘‘improved firearms and a vast increase legislative history reveal only an intention to hunting. Senator Smith, ‘‘who in the number of sportsmen.’’ close a loophole that might prevent felony These statements were referenced by prosecutions for commercial trafficking in introduced and championed the Act . . . in the Senate,’’ Leaders in Recent Representative Baker during the House migratory birds and their parts. floor debate over the MBTA, implying Thus, there appears to be no explicit basis Successful Fight for the Migratory Bird in the language or the development of the Treaty Act, Bulletin—The American that the MBTA was intended to address MBTA for concluding that it was intended to Game Protective Association, July 1918, both issues. Moon Lake, 45 F. Supp. 2d be applied to any and all human activity that at 5, explained: at 1080–81 (quoting H. Rep. No. 65–243, causes even unintentional deaths of at 2 (1918) (letter from Secretary of State migratory birds. Nobody is trying to do anything here Robert Lansing to the President)). except to keep pothunters from killing game However, Congress addressed hunting 927 F. Supp. at 1581 (referencing S. out of season, ruining the eggs of nesting Rep. No. 99–445, at 16 (1986), reprinted birds, and ruining the country by it. Enough and habitat destruction in the context of in 1986 U.S.C.C.A.N. 6113, 6128). Thus, birds will keep every insect off of every tree the Migratory Bird Treaty through two limiting the range of actions prohibited in America, and if you will quit shooting separate acts: by the MBTA to those that are directed them they will do it. • First, in 1918, Congress adopted the at migratory birds will focus 55 Cong. Rec. 4816 (statement of Sen. MBTA to address the direct and prosecutions on activities like hunting intentional killing of migratory birds; Smith) (1917). Likewise, during • and trapping and exclude more hearings of the House Foreign Affairs Second, in 1929, Congress adopted attenuated conduct, such as lawful Committee, Congressman Miller, a the Migratory Bird Conservation Act to commercial activity, that ‘‘vigorous fighter, who distinguished ‘‘more effectively’’ implement the unintentionally and indirectly results in himself in the debate’’ over the MBTA, Migratory Bird Treaty by protecting the death of migratory birds. Leaders in Recent Successful Fight for certain migratory bird habitats. The Migratory Bird Conservation Act The History of the MBTA the Migratory Bird Treaty Act, Bulletin—The American Game provided the authority to purchase or The history of the MBTA and the Protective Association, July 1918, at 5, rent land for the conservation of debate surrounding its adoption put the MBTA squarely in the context migratory birds, including for the illustrate that the Act was part of of hunting: establishment of inviolate ‘‘sanctuaries’’ Congress’s efforts to regulate the wherein migratory bird habitats would hunting of migratory birds in direct I want to assure you . . . that I am heartily be protected from persons ‘‘cut[ting], in sympathy with this legislation. I want it response to the extreme over-hunting, to go through, because I am up there every burn[ing], or destroy[ing] any timber, largely for commercial purposes, that fall, and I know what the trouble is. The grass, or other natural growth.’’ had occurred over the years. See United trouble is in shooting the ducks in Louisiana, Migratory Bird Conservation Act, States v. Moon Lake Electric Ass’n, 45 Arkansas, and Texas in the summer time, and section 10, 45 Stat. 1222, 1224 (1929)
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(codified as amended at 16 U.S.C. 715– terms to explain what activities are Given the legal uncertainty and 715s). If the MBTA was originally regulated: ‘‘[T]hey cannot hunt ducks in political controversy surrounding understood to protect migratory bird Indiana in the fall, because they cannot Federal regulation of intentional habitats from incidental destruction, kill them. I have never been able to see hunting in 1918, it is highly unlikely enactment of the Migratory Bird why you cannot hunt, whether you kill that Congress intended to confer Conservation Act eleven years later or not. There is no embargo on hunting, authority upon the executive branch to would have been largely superfluous. at least down in South Carolina ....’’’ prohibit all manner of activity that had Instead, the MBTA and the Migratory Id. at 1081 (quoting 56 Cong. Rec. 7446 an incidental impact on migratory birds. Bird Conservation Act are (1918) (statement of Rep. Stevenson)). The provisions of the 1916 Canada complementary: ‘‘Together, the Treaty That Congress was animated regarding Convention provide support for this Act in regulating hunting and potential restrictions on hunting and its conclusion by authorizing only certain possession and the Conservation Act by impact on individual hunters is evident circumscribed activities specifically establishing sanctuaries and preserving from even the statements relied upon as directed at migratory birds. The natural waterfowl habitat help support for the conclusion that the Convention authorizes hunting only implement our national commitment to statute reaches incidental take. during prescribed open seasons, and the protection of migratory birds.’’ Finally, in 1918, Federal regulation of take at any time for other limited United States v. North Dakota, 650 F.2d the hunting of wild birds was a highly purposes such as scientific use, 911, 913–14 (8th Cir. 1981), aff’d on controversial and legally fraught subject. propagation, or to resolve conflicts other grounds, 460 U.S. 300 (1983). For example, on the floor of the Senate, under extraordinary conditions when Some courts have attempted to Senator Reed proclaimed: birds become seriously injurious to interpret a number of floor statements as agricultural or other interests. See supporting the notion that Congress I am opposed not only now in reference to Canada Convention, Art. II–VII, 39 Stat. this bill [the MBTA], but I am opposed as a intended the MBTA to regulate more general proposition to conferring power of 1702. than just hunting and poaching, but that kind upon an agent of the Subsequent legislative history does those statements reflect an intention to Government.... not undermine a limited interpretation prohibit actions directed at birds— . . . Section 3 proposes to turn these of the MBTA, as enacted in 1918. The whether accomplished through hunting powers over to the Secretary of Agriculture ‘‘fixed-meaning canon of statutory or some other means intended to . . . to make it a crime for a man to shoot construction directs that ‘‘[w]ords must directly kill birds. For example, some game on his own farm or to make it perfectly be given the meaning they had when the Members ‘‘anticipated application of the legal to shoot it on his own farm .... text was adopted.’’ Scalia & Garner at MBTA to children who act ‘through When a Secretary of Agriculture does a 78. The meaning of written instruments thing of that kind I have no hesitancy in inadvertence’ or ‘through accident.’ ’’ ‘‘does not alter. That which it meant saying that he is doing a thing that is utterly when adopted, it means now.’’ South What are you going to do in a case like this: indefensible, and that the Secretary of A barefoot boy, as barefoot boys sometimes Agriculture who does it ought to be driven Carolina v. United States, 199 U.S. 437, do, largely through inadvertence and without from office .... 448 (1905). meaning anything wrong, happens to throw The operative language in section 2 of a stone at and strikes and injures a robin’s 55 Cong. Rec. 4813 (1917) (statement of the MBTA has changed little since its nest and breaks one of the eggs, whereupon Sen. Reed). adoption in 1918. The current iteration he is hauled before a court for violation of Federal regulation of hunting was also of the relevant language—making it a solemn treaty entered into between the legally tenuous at that time. Whether unlawful for persons ‘‘at any time, by United States of America and the Provinces the Federal Government had any any means or in any manner, to pursue, of Canada. authority to regulate the killing or taking hunt, take, capture, kill, attempt to take, Moon Lake, 45 F. Supp. 2d at 1081 of any wild animal was an open capture, or kill, possess’’ specific (quoting 56 Cong. Rec. 7455 (1918) question in 1918. Just over 20 years migratory birds—was adopted in 1935 (statement of Rep. Mondell)). earlier, the Supreme Court in Geer had as part of the Mexico Treaty Act and has ‘‘[I]nadvertence’’ in this statement refers ruled that the States exercised the remained unchanged since then. to the boy’s mens rea. As the rest of the power of ownership over wild game in Compare Mexico Treaty Act, 49 Stat. sentence clarifies, the hypothetical boy trust, implicitly precluding Federal 1555, section 3 with 16 U.S.C. 703(a). As acted ‘‘without meaning anything regulation. See Geer v. Connecticut, 161 with the 1916 Canada Convention, the wrong,’’ not that he acted U.S. 519 (1896). When Congress did Mexico Convention focused primarily unintentionally or accidentally in attempt to assert a degree of Federal on hunting and establishing protections damaging the robin’s nest. This is jurisdiction over wild game with the for birds in the context of take and reinforced by the rest of the 1913 Weeks-McLean Law, it was met possession for commercial use. See hypothetical, which posits that the boy with mixed results in the courts, leaving Convention between the United States threw ‘‘a stone at and strikes and injures the question pending before the of America and Mexico for the a robin’s nest.’’ The underlying act is Supreme Court at the time of the Protection of Migratory Birds and Game directed specifically at the robin’s nest. MBTA’s enactment. See, e.g., United Mammals, 50 Stat. 1311 (Feb. 7, 1936) In other statements various members of States v. Shaver, 214 F. 154, 160 (E.D. (Mexico Convention). Subsequent Congress expressed concern about Ark. 1914); United States v. McCullagh, Protocols amending both these ‘‘sportsmen,’’ people ‘‘killing’’ birds, 221 F. 288 (D. Kan. 1915). It was not Conventions also did not explicitly ‘‘shooting’’ of game birds or until Missouri v. Holland in 1920 that address incidental take or otherwise ‘‘destruction’’ of insectivorous birds, the Court, relying on authority derived broaden their scope to prohibit anything and whether the purpose of the MBTA from the Migratory Bird Treaty (Canada other than purposeful take of migratory was to favor a steady supply of ‘‘game Convention) under the Treaty Clause of birds. See Protocol between the animals for the upper classes.’’ Moon the U.S. Constitution, definitively Government of the United States and Lake, 45 F. Supp. 2d at 1080–81. One acknowledged the Federal the Government of Canada Amending Member of Congress even offered a Government’s ability to regulate the the 1916 Convention between the statement that explains why the statute taking of wild birds. 252 U.S. 416, 432– United Kingdom and the United States is not redundant in its use of the various 33 (1920). of America for the protection of
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Migratory Birds, Sen. Treaty Doc. 104– was modified to include references to appears Congress acted in a limited 28 (Dec. 14, 1995) (outlining these later agreements. Certainly other fashion to preempt a specific and conservation principles to ensure long- Federal laws may require consideration immediate impediment to military- term conservation of migratory birds, of potential impacts to birds and their readiness activities. ‘‘Whether Congress amending closed seasons, and habitat in a way that furthers the goals deliberately avoided more broadly authorizing indigenous groups to of the Conventions’ broad statements. changing the MBTA or simply chose to harvest migratory birds and eggs See, e.g., Mahler, 927 F. Supp. at 1581 address a discrete problem, the most throughout the year for subsistence (‘‘Many other statutes enacted in the that can be said is that Congress did no purposes); Protocol between the intervening years also counsel against more than the plain text of the Government of the United States of reading the MBTA to prohibit any and amendment means.’’ Id. It did not hide America and the Government of the all migratory bird deaths resulting from the elephant of incidental takings in the United Mexican States Amending the logging activities in national forests. As mouse hole of a narrow appropriations Convention for Protection of Migratory is apparent from the record in this case, provision. Birds and Game Mammals, Sen. Treaty the Forest Service must comply with a Constitutional Issues Doc. 105–26 (May 5, 1997) (authorizing myriad of statutory and regulatory indigenous groups to harvest migratory requirements to authorize even the very The Supreme Court has recognized birds and eggs throughout the year for modest type of salvage logging operation that ‘‘[a] fundamental principle in our subsistence purposes). of a few acres of dead and dying trees legal system is that laws which regulate It was not until more than 50 years at issue in this case. Those laws require persons or entities must give fair notice after the initial adoption of the MBTA the Forest Service to manage national of conduct that is forbidden or and 25 years after the Mexico Treaty Act forests so as to balance many competing required.’’ FCC v. Fox Television that Federal prosecutors began applying goals, including timber production, Stations, Inc., 567 U.S. 239, 253 (2012). the MBTA to incidental actions. See biodiversity, protection of endangered ‘‘No one may be required at peril of life, Lilley & Firestone at 1181 (‘‘In the early and threatened species, human liberty or property to speculate as to the 1970s, United States v. Union Texas recreation, aesthetic concerns, and meaning of penal statutes.’’ Lanzetta v. Petroleum [No. 73–CR–127 (D. Colo. Jul. many others.’’). Given the New Jersey, 306 U.S. 451, 453 (1939). 11, 1973)] marked the first case dealing overwhelming evidence that the Accordingly, a ‘‘statute which either with the issue of incidental take.’’). This primary purpose of section 2, as forbids or requires the doing of an act newfound Federal authority was not amended by the Mexico Treaty Act, was in terms so vague that men of common accompanied by any corresponding to control over-hunting, the references intelligence must necessarily guess at its legislative change. The only to the later agreements do not bear the meaning and differ as to its application, contemporaneous changes to section 2 weight of the conclusion reached by the violates the first essential of due process of the MBTA were technical updates prior Opinion (M–37041). of law.’’ Fox Television, 567 U.S. at 253 recognizing the adoption of a treaty with Thus, the only legislative enactment (quoting Connally v. General Constr. Japan. See Act of June 1, 1974, Public concerning incidental activity under the Co., 269 U.S. 385, 391 (1926)). Thus, Law 93–300, 88 Stat. 190. Implementing MBTA is the 2003 appropriations bill ‘‘[a] conviction or punishment fails to legislation for the treaty with the Soviet that explicitly exempted military- comply with due process if the statute Union also did not amend section 2. See readiness activities from liability under or regulation under which it is obtained Fish and Wildlife Improvement Act of the MBTA for incidental takings. See ‘fails to provide a person of ordinary 1978, Public Law 95–616, sec. 3(h), 92 Bob Stump National Defense intelligence fair notice of what is Stat. 3110. Similar to the earlier Authorization Act for Fiscal Year 2003, prohibited, or is so standardless that it Conventions, the provisions of the Japan Public Law 107–314, Div. A, Title III, authorizes or encourages seriously and Russia Conventions authorized section 315, 116 Stat. 2509 (2002), discriminatory enforcement.’’’ Id. purposeful take for specific activities reprinted in 16 U.S.C.A. 703, Historical (quoting United States v. Williams, 553 such as hunting, scientific, educational and Statutory Notes. There is nothing in U.S. 285, 304 (2008)). and propagation purposes, and this legislation that authorizes the Assuming, arguendo, that the MBTA protection against injury to persons and government to pursue incidental takings is ambiguous, the interpretation that property. However, they also outlined charges in other contexts. Rather, some limits its application to conduct that is mechanisms to protect habitat and have ‘‘argue[d] that Congress expanded specifically directed at birds is prevent damage from pollution and the definition of ‘take’ by negative necessary to avoid potential other environmental degradation implication’’ since ‘‘[t]he exemption did constitutional concerns. As the Court (domestically implemented by the not extend to the ‘operation of industrial has advised, ‘‘where an otherwise Migratory Bird Conservation Act and facilities,’ even though the government acceptable construction of a statute other applicable Federal laws). See had previously prosecuted activities would raise serious constitutional Convention between the Government of that indirectly affect birds.’’ CITGO, 801 problems, the Court will construe the the United States and the Government F.3d at 490–91. statute to avoid such problems unless of Japan for the Protection of Migratory This argument is contrary to the such construction is plainly contrary to birds and Birds in Danger of Extinction, Court’s admonition that ‘‘Congress . . . the intent of Congress.’’ Edward J. and their Environment, 25 U.S.T. 3329, does not alter the fundamental details of DeBartolo Corp. v. Fla. Gulf Coast Bldg. T.I.A.S. No. 7990 (Mar. 4, 1972) (Japan a regulatory scheme in vague terms or & Constr. Trades Council, 485 U.S. 568, Convention); Convention between the ancillary provisions—it does not, one 575 (1988). Here, an attempt to impose United States of America and the Union might say, hide elephants in liability for acts that are not directed at of Soviet Socialist Republics Concerning mouseholes.’’ Whitman v. Am. Trucking migratory birds raises just such the Conservation of Migratory Birds and Ass’ns, 531 U.S. 457, 468 (2001). As the constitutional concerns. their Environment, T.I.A.S. No. 9073 Fifth Circuit explained, ‘‘[a] single The ‘‘scope of liability’’ under an (Nov. 19, 1976) (Russia Convention). carve-out from the law cannot mean that interpretation of the MBTA that extends No changes were made to the section the entire coverage of the MBTA was criminal liability to all persons who kill of the MBTA at issue here following the implicitly and hugely expanded.’’ or take migratory birds incidental to later conventions except that the Act CITGO, 801 F.3d at 491. Rather, it another activity is ‘‘hard to overstate,’’
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CITGO, 801 F.3d at 493, and ‘‘offers legion, but they are not vague’’). But it buildings and cars are the second and unlimited potential for criminal would also turn the majority of third most common human-caused prosecutions.’’ Brigham Oil, 840 F. Americans into potential criminals. See threat to birds, killing an estimated 599 Supp. 2d at 1213. ‘‘The list of birds now Mahler, 927 F. Supp. 1577–78 (listing a million and 214.5 million birds per protected as ‘migratory birds’ under the litany of scenarios where normal year, respectively. It is eminently MBTA is a long one, including many of everyday actions could potentially and foreseeable and probable that cars and the most numerous and least incidentally lead to the death of a single windows will kill birds. Thus, limiting endangered species one can imagine.’’ bird or breaking of an egg in a nest)). incidental take to direct and foreseeable Mahler, 927 F. Supp. at 1576. Currently, Such an interpretation could lead to results does little to prevent absurd over 1,000 species of birds—including absurd results, which are to be avoided. outcomes. ‘‘all species native to the United States See Griffin v. Oceanic Contractors, 458 To avoid these absurd results, the or its territories’’—are protected by the U.S. 564, 575 (1982) (‘‘interpretations of government has historically relied on MBTA. 78 FR 65,844, 65,845 (Nov. 1, a statute which would produce absurd prosecutorial discretion. See Ogden at 2013); see also 50 CFR 10.13 (list of results are to be avoided if alternative 29 (‘‘Historically, the limiting protected migratory birds); Migratory interpretations consistent with the mechanism on the prosecution of Bird Permits; Programmatic legislative purpose are available’’); see incidental taking under the MBTA by Environmental Impact Statement, 80 FR also K Mart Corp. v. Cartier, 486 U.S. non-federal persons has been the 30032, 30033 (May 26, 2015) (‘‘Of the 281, 324 n.2 (1988) (Scalia, J. concurring exercise of prosecutorial discretion by 1,027 currently protected species, in part and dissenting in part) (‘‘it is a the FWS.’’); see generally FMC, 572 F.2d approximately 8% are either listed (in venerable principle that a law will not at 905 (situations ‘‘such as deaths whole or in part) as threatened or be interpreted to produce absurd caused by automobiles, airplanes, plate endangered under the Endangered results.’’). glass modern office buildings or picture Species Act (ESA) (16 U.S.C. 1531 et These potentially absurd results are windows in residential dwellings . . . seq.) and 25% are designated (in whole not ameliorated by limiting the properly can be left to the sound or in part) as Birds of Conservation definition of ‘‘incidental take’’ to ‘‘direct discretion of prosecutors and the Concern (BCC).’’). Service analysis and foreseeable’’ harm as some courts courts’’). Yet, the Supreme Court has indicates that the top threats to birds have suggested. See U.S. Fish and declared ‘‘[i]t will not do to say that a are: Wildlife Service Manual, part 720, ch. 3, prosecutor’s sense of fairness and the • Cats, which kill an estimated 2.4 Incidental Take Prohibited Under the Constitution would prevent a successful billion birds per year; Migratory Bird Treaty Act (Jan. 11, . . . prosecution for some of the • Collisions with building glass, 2017). The court in Moon Lake activities seemingly embraced within which kill an estimated 599 million identified an ‘‘important and inherent the sweeping statutory definitions.’’ birds per year; limiting feature of the MBTA’s Baggett v. Bullitt, 377 U.S. 360, 373 • Collisions with vehicles, which kill misdemeanor provision: To obtain a (1964); see also Mahler, 927 F. Supp. an estimated 214.5 million birds per guilty verdict . . ., the government must 1582 (‘‘Such trust in prosecutorial year; prove proximate causation.’’ Moon Lake, discretion is not really an answer to the • Chemical poisoning (e.g., pesticides 45 F. Supp. 2d at 1085. Quoting Black’s issue of statutory construction’’ in and other toxins), which kill an Law Dictionary, the court defines interpreting the MBTA.). For broad proximate cause as ‘‘that which, in a estimated 72 million birds per year; statutes that may be applied to natural and continuous sequence, seemingly minor or absurd situations, • Collisions with electrical lines, unbroken by any efficient intervening ‘‘[i]t is no answer to say that the statute which kill an estimated 25.5 million cause, produces the injury and without would not be applied in such a case.’’ birds per year; which the accident could not have Keyishian v. Bd. of Regents, 385 U.S. • Collisions with communications happened, if the injury be one which 589, 599 (1967). towers, which kill an estimated 6.6 might be reasonably anticipated or Recognizing the challenge posed by million birds per year; foreseen as a natural consequence of the relying upon prosecutorial discretion, • Electrocutions, which kill an wrongful act.’’ Id. (quoting Black’s Law the FMC court sought to avoid absurd estimated 5.6 million birds per year; • Dictionary 1225 (6th ed. 1990)) results by limiting its holding to Oil pits, which kill an estimated (emphasis in original). The Tenth ‘‘extrahazardous activities.’’ FMC, 572 750 thousand birds per year; and • Circuit in Apollo Energies took a similar F.2d at 907. The term ‘‘extrahazardous Collisions with wind turbines, approach, holding ‘‘the MBTA requires activities’’ is not found anywhere in the which kill an estimated 234 thousand a defendant to proximately cause the statute, and is not defined by either the birds per year. statute’s violation for the statute to pass court or the Service. See Mahler, 927 F. U.S. Fish and Wildlife Service, constitutional muster’’ and quoting from Supp. at 1583 n.9 (noting that the FMC Threats to Birds: Migratory Birds Black’s Law Dictionary to define court’s ‘‘limiting principle . . . of strict Mortality—Questions and Answers, ‘‘proximate cause.’’ Apollo Energies, 611 liability for hazardous commercial available at https://www.fws.gov/birds/ F.3d at 690. activity . . . ha[s] no apparent basis in bird-enthusiasts/threats-to-birds.php Contrary to the suggestion of the the statute itself or in the prior history (last updated September 14, 2018). courts in Moon Lake and Apollo of the MBTA’s application since its Interpreting the MBTA to apply strict Energies that principles of proximate enactment’’); cf. United States v. criminal liability to any instance where causation can be read into the statute to Rollins, 706 F. Supp. 742, 744–45 (D. a migratory bird is killed as a result of define and limit the scope of incidental Idaho 1989) (‘‘The statute itself does not these threats would certainly be a clear take, the death of birds as a result of state that poisoning of migratory birds and understandable rule. See United activities such as driving, flying, or by pesticide constitutes a criminal States v. Apollo Energies, Inc., 611 F.3d maintaining buildings with large violation. Such specificity would not 679, 689 (10th Cir. 2010) (concluding windows is a ‘‘direct,’’ ‘‘reasonably have been difficult to draft into the that under an incidental take anticipated,’’ and ‘‘probable’’ statute’’). Thus, it is unclear what interpretation, ‘‘[t]he actions consequence of those actions. As activities are ‘‘extrahazardous.’’ In FMC, criminalized by the MBTA may be discussed above, collisions with the concept was applied to the
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manufacture of ‘‘toxic chemicals,’’ i.e., exercising its discretion whether or not not legally compelled, the Service pesticides. But the court was silent as to to refer an individual or company to the proposes to adopt it as a matter of how far this rule extends, even in the Department of Justice for prosecution. policy. relatively narrow context of pesticides. See, e.g., U.S. Fish and Wildlife Service, The Service’s prior approach to This type of uncertainty could be Land-Based Wind Energy Guidelines 6 incidental take was enacted without problematic under the Supreme Court’s (Mar. 23, 2012). public input, and has resulted in due process jurisprudence. See Rollins, Under this approach, it is literally regulatory uncertainty and 706 F. Supp. at 745 (dismissing charges impossible for individuals and inconsistency. Prosecutions for against a farmer who applied pesticides companies to know exactly what is incidental take occurred in the 1970s to his fields that killed a flock of geese, required of them under the law when without any accompanying change in reasoning ‘‘[f]armers have a right to otherwise lawful activities necessarily either the underlying statute or Service know what conduct of theirs is criminal, result in accidental bird deaths. Even if regulations. Accordingly, an especially where that conduct consists they comply with everything requested interpretation with implications for of common farming practices carried on of them by the Service, they may still be large portions of the American economy for many years in the community. While prosecuted, and still found guilty of was implicitly adopted without public statutes do not have to be drafted with criminal conduct. See generally United debate. Subsequently, the Service has ‘mathematical certainty,’ they must be States v. FMC Corp., 572 F.2d 902, 904 sought to limit the potential reach of drafted with a ‘reasonable degree of (2d Cir. 1978) (the court instructed the MBTA liability by pursuing certainty.’ The MBTA fails this test. . . . jury not to consider the company’s enforcement proceedings only against Under the facts of this case, the MBTA remediation efforts as a defense: persons who fail to take what the does not give ‘fair notice as to what ‘‘Therefore, under the law, good will Service considers ‘‘reasonable’’ constitutes illegal conduct’ so that [the and good intention and measures taken precautions against foreseeable risks. farmer] could ‘conform his conduct to to prevent the killing of the birds are not Based upon the Service’s analysis of the requirements of the law.’ ’’ (internal a defense.’’). In sum, due process manmade threats to migratory birds and citations omitted)). ‘‘requires legislatures to set reasonably the Service’s own enforcement history, While the MBTA does contemplate clear guidelines for law enforcement common activities such as owning and the issuance of permits authorizing the officials and triers of fact in order to operating a power line, wind farm, or taking of wildlife, it requires such prevent ‘arbitrary and discriminatory drilling operation pose an inherent risk permits to be issued by ‘‘regulation.’’ enforcement.’ ’’ Smith v. Goguen, 415 of incidental take. An expansive reading See 16 U.S.C. 703(a) (‘‘Unless and U.S. 566, 572–73 (1974). of the MBTA that includes an incidental except as permitted by regulations made Reading the MBTA to capture take prohibition would subject those as hereinafter provided . . ..’’ (emphasis incidental takings could potentially who engage in these common, and added)). No regulations have been transform average Americans into necessary, activities to criminal liability. issued to create a permit scheme to criminals. The text, history, and As described in M–37050, this authorize incidental take, so most purpose of the MBTA demonstrate approach effectively leaves otherwise potential violators have no formal instead that it is a law limited in lawful, productive, and often necessary mechanism to ensure that their actions relevant part to actions, such as hunting businesses to take their chances and comply with the law. There are and poaching, that reduce migratory hope they avoid prosecution, not voluntary Service guidelines issued for birds and their nests and eggs to human because their conduct is or even can be different industries that recommend control by killing or capturing. Even in strict compliance with the law, but best practices to avoid incidental take of assuming that the text could be subject because the government has chosen to protected birds; however, these to multiple interpretations, courts and forgo prosecution. Productive and guidelines provide only limited agencies are to avoid interpreting otherwise lawful economic activity protection to potential violators. ambiguous laws in ways that raise should not be functionally dependent Moreover, most of the Service’s MBTA constitutional doubts if alternative upon the ad hoc exercise of enforcement guidelines have not gone through the interpretations are available. Thus, discretion. formal Administrative Procedure Act interpreting the MBTA to criminalize Further, as a practical matter, processes to be considered incidental takings raises potential due inconsistency and uncertainty are built ‘‘regulations’’ and thus are not issued process concerns. Based upon the text, into the MBTA enforcement regime by under the permitting authority of history, and purpose of the MBTA, and virtue of a split between Federal Courts section 3 of the MBTA. consistent with decisions in the Courts of Appeals. Courts have adopted In the absence of a permit issued of Appeals for the Fifth, Eighth, and different views on whether section 2 of pursuant to Departmental regulation, it Ninth circuits, there is an alternative the MBTA prohibits incidental take, is not clear that the Service has any interpretation that avoids these and, if so, to what extent. Courts of authority under the MBTA to require concerns. Therefore, as a matter of law, Appeals in the Second and Tenth minimizing or mitigating actions that the scope of the MBTA does not include Circuits, as well as district courts in at balance the environmental harm from incidental take. least the Ninth and District of Columbia the taking of migratory birds with other Circuits, have held that the MBTA societal goals, such as the production of Policy Analysis of Incidental Take criminalizes some instances of wind or solar energy. Accordingly, the Under the MBTA incidental take, generally with some guidelines do not provide enforceable As detailed above, the Service agrees form of limiting construction. See legal protections for people and that the conclusion in Opinion M– United States v. FMC Corporation, 572 businesses who abide by their terms. To 37050 that the MBTA’s prohibitions on F.2d 902 (2d Cir. 1978); United States v. wit, the guidelines themselves state that pursuing, hunting, taking, capturing, Apollo Energies, Inc., 611 F.3d 679 ‘‘it is not possible to absolve individuals killing, or attempting to do the same (10th Cir. 2010); United States v. Corbin or companies’’ from liability under the apply only to actions directed at Farm Serv., 444 F. Supp. 510 (E.D. Cal. MBTA. Rather, the guidelines are migratory birds, their nests, or their eggs 1978); Ctr. for Biological Diversity v. explicit that the Service may only take is compelled as a matter of law. In Pirie, 191 F. Supp. 2d 161 (D.D.C. 2002), full compliance into consideration in addition, even if such a conclusion is vacated on other grounds sub nom. Ctr.
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for Biological Diversity v. England, 2003 line into criminality. The most effective Required Determinations App. LEXIS 1110 (D.C. Cir. 2003). way to reduce uncertainty and have a Regulatory Planning and Review By contrast, Courts of Appeals in the truly national standard is for the Service (Executive Orders 12866 and 13563) Fifth, Eighth, and Ninth Circuits, as well to codify and apply a uniform as district courts in the Third and interpretation of the MBTA that its Executive Order (E.O.) 12866 provides Seventh Circuits, have indicated that it prohibitions do not apply to incidental that the Office of Information and does not.1 See United States v. CITGO take, based upon the Fifth Circuit’s Regulatory Affairs (OIRA) in the Office Petroleum Corp., 801 F.3d 477 (5th Cir. ruling in CITGO Petroleum Corporation. of Management and Budget (OMB) will review all significant rules. OIRA has 2015); Newton County Wildlife Ass’n v. Therefore, as a matter of both law and U.S. Forest Serv., 113 F.3d 110 (8th Cir. determined that this rule is significant. policy, the Service proposes to adopt a Executive Order 13563 reaffirms the 1997); Seattle Audubon Soc’y v. Evans, regulation limiting the scope of the 952 F.2d 297 (9th Cir. 1991); Mahler v. principles of E.O. 12866 while calling MBTA to actions that are directed at for improvements in the nation’s U.S. Forest Serv., 927 F. Supp. 1559 migratory birds, their nests, or their (S.D. Ind. 1996); Curry v. U.S. Forest regulatory system to promote eggs, and to clarify that injury to or predictability, to reduce uncertainty, Serv., 988 F. Supp. 541, 549 (W.D. Pa. mortality of migratory birds that results 1997). and to use the best, most innovative, from, but is not the purpose of, an and least burdensome tools for As a result of these cases, the Federal action (i.e., incidental taking or killing) Government is clearly prohibited from achieving regulatory ends. The is not prohibited by the Migratory Bird executive order directs agencies to enforcing an incidental take prohibition Treaty Act. in the Fifth Circuit. In the Eighth consider regulatory approaches that Circuit, the Federal Government has Public Comments reduce burdens and maintain flexibility previously sought to distinguish court of and freedom of choice for the public appeals rulings limiting the scope of the You may submit your comments and where these approaches are relevant, MBTA to the habitat-destruction supporting materials by one of the feasible, and consistent with regulatory context. See generally Apollo Energies, methods listed in ADDRESSES. We will objectives. E.O. 13563 emphasizes 611 F.3d at 686 (distinguishing the not consider comments sent by email or further that regulations must be based Eighth Circuit decision in Newton fax, or written comments sent to an on the best available science and that County on the grounds that it involved address other than the one listed in the rulemaking process must allow for logging that modified a bird’s habitat in ADDRESSES. public participation and an open some way). However, that argument was Comments and materials we receive, exchange of ideas. We have developed rejected by a subsequent district court. as well as supporting documentation we this proposed rule in a manner See United States v. Brigham Oil & Gas, used in preparing this proposed rule, consistent with these requirements. L.P., 840 F. Supp. 2d 1202 (D.N.D. are available for public inspection at Codifying the Solicitor’s Opinion, M– 2012). Likewise, the Federal http://www.regulations.gov. We will 37050, into Federal regulations would Government has sought to distinguish post your entire comment—including provide the public, businesses, holdings in the habitat-destruction your personal identifying information— government agencies, and other entities context in the Ninth Circuit. See United on http://www.regulations.gov. You may legal clarity and certainty regarding States v. Moon Lake Electrical Ass’n, 45 request at the top of your document that what is and is not prohibited under the F. Supp. 2d 1070, 1075–76 (D. Colo. we withhold personal information such MBTA. It is anticipated that some 1999) (suggesting that the Ninth as your street address, phone number, or entities that currently employ mitigation Circuit’s ruling in Seattle Audubon may email address from public review; measures to reduce or eliminate be limited to habitat modification or however, we cannot guarantee that we incidental migratory bird take would destruction). In the Second and Tenth will be able to do so. reduce or curtail these activities given Circuits, the Federal Government can the legal certainty provided by this We invite the public to provide proposed regulation. Others may apply the MBTA to incidental take, information on the following topics: (1) albeit with differing judicial limitations. continue to employ these measures The avoidance, minimization, and voluntarily for various reasons, These cases demonstrate the potential mitigation measures entities employed for a convoluted patchwork of legal including continued compliance with to address incidental take of migratory other Federal, State, and local laws and standards, all purporting to apply the birds, and the degree to which these same underlying law. The MBTA is a regulations. measures reduce bird mortality; (2) the The Service does not have national law. Many of the companies extent that avoidance, minimization, information available to quantify these and projects that face potential liability and mitigation measures continue to be potential cost savings. Given our lack of under the MBTA operate across used, and will continue to be used if specific data to estimate the cost savings boundary lines for judicial circuits. Yet this proposed rule is finalized; (3) the from reduced implementation of what is legal in the Fifth and Eighth direct costs associated with mitigation measures and increased legal Circuits may become illegal as soon as implementing these measures; (4) certainty, we ask for such data to inform an operator crosses State lines into the indirect costs entities have incurred analysis of the proposed rule’s potential bordering Tenth Circuit, or become a related to the legal risk of prosecution effects. matter of uncertainty in the Ninth for incidental take of migratory birds Circuit. The Service concludes that it is (e.g., legal fees, increased interest rates Regulatory Flexibility Act and Small in its own interest, as well as that of the on financing, insurance, opportunity Business Regulatory Enforcement public, to have and apply a national costs); (5) the sources and scale of Fairness Act standard that sets a clear, articulable incidental bird mortality; and (6) any Under the Regulatory Flexibility Act rule for when an operator crosses the quantitative information regarding (5 U.S.C. 601 et seq., as amended by the ecosystem services provided by Small Business Regulatory Enforcement 1 The Court of Appeals for the Ninth Circuit distinguished, without explicitly overturning, an migratory birds. This information will Fairness Act (SBREFA) of 1996 (Pub. L. earlier district-court decision concerning incidental be used to better inform the cost and 104–121)), whenever an agency is take. benefit analysis of this rulemaking. required to publish a notice of
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rulemaking for any proposed or final agencies to provide a statement of the These are the industries that typically rule, it must prepare and make available factual basis for certifying that a rule incidentally take substantial numbers of for public comment a regulatory would not have a significant economic birds and that the Service has worked flexibility analysis that describes the impact on a substantial number of small with to reduce those effects. In some effects of the rule on small businesses, entities. Thus, for an initial/final cases, these industries have been subject small organizations, and small regulatory flexibility analysis to be to enforcement actions and prosecutions government jurisdictions. However, in required, impacts must exceed a under the MBTA prior to the issuance lieu of an initial or final regulatory threshold for ‘‘significant impact’’ and a of the M-Opinion. The vast majority of flexibility analysis (IRFA or FRFA) the threshold for a ‘‘substantial number of entities in these sectors are small head of an agency may certify on a small entities.’’ See 5 U.S.C. 605(b). This entities, based on the U.S. Small factual basis that the rule would not analysis first estimates the number of Business Administration (SBA) small have a significant economic impact on businesses impacted and then estimates business size standards. a substantial number of small entities. the economic impact of the rule. SBREFA amended the Regulatory Table 1 lists the industry sectors Flexibility Act to require Federal likely impacted by the proposed rule.
TABLE 1—DISTRIBUTION OF BUSINESSES WITHIN AFFECTED INDUSTRIES
Small NAICS Number of business Number of NAICS industry description code businesses size standard small (employees) businesses
Finfish Fishing ...... 114111 1,210 (a) 20 1,185 Crude Petroleum and Natural Gas Extraction ...... 211111 6,878 1,250s 6,868 Drilling Oil and Gas Wells ...... 213111 2,097 1,000s 2,092 Solar Electric Power Generation ...... 221114 153 250s 153 Wind Electric Power Generation ...... 221115 264 250s 263 Electric Bulk Power Transmission ...... 221121 261 500s 214 Electric Power Distribution ...... 221122 7,557 1,000s 7,520 Wireless Telecommunications Carriers (except Satellite) ...... 517312 15,845 1,500s 15,831 Source: U.S. Census Bureau, 2012 County Business Patterns. aNote: The Small Business Administration size standard for finfish fishing is $22 million. Neither Economic Census, Agriculture Census, or NMFS collect business data by revenue size for the finfish industry. Therefore, we employ other data to approximate the number of small busi- nesses. Source: U.S. Census Bureau, 2017 Economic Annual Survey.
Since the Service does not have a positive economic impact on all not significant. The costs of actions permitting system authorizing regulated entities, and many of these businesses typically implement to incidental take of migratory birds, the entities likely qualify as small reduce effects on birds are small Service does not have specific businesses under the Small Business compared to the economic output of information regarding how many Administration’s threshold standards business, including small businesses, in businesses in each sector implement (see Table 1). By codifying the M- these sectors. In addition, many measures to reduce incidental take of Opinion, this proposal would remove businesses will continue to take actions birds. Not all businesses in each sector legal uncertainty for any individual, to reduce effects on birds because these incidentally take birds. In addition, a government entity, or business entity actions are best management practices variety of factors would influence that undertakes any activity that may for their industry or are required by whether, under the previous kill or take migratory birds incidental to other Federal or State regulations, there interpretation of the MBTA, businesses otherwise lawful activity. Such small is a public desire to continue them, or would implement such measures. It is entities would benefit from this also unknown how many businesses proposed rule because it would remove the businesses simply desire to reduce continued or reduced practices to uncertainty about the potential impacts their effects on migratory birds. Table 2 reduce the take of birds since of proposed projects. Therefore, these summarizes likely economic effects of publication of the Solicitor’s M- entities will have better information for the proposed rule on the business Opinion. planning projects and achieving goals. sectors identified in Table 1. This proposed rule is deregulatory in However, the economic impact of the nature and is thus likely to have a proposed rule on small entities is likely
TABLE 2—SUMMARY OF ECONOMIC EFFECTS ON SMALL BUSINESSES
Economic NAICS industry descrip- NAICS Bird mitigation effects on tion code measures with small Rationale no action businesses
Finfish Fishing ...... 11411 Changes in design of Likely minimal Longline fishing is regulated by the National Marine longline fishing hooks, effects. Fisheries Service under the Magnuson-Stevens change in offal man- Fishery Conservation and Management Act and agement practices, and other laws and regulations that limit bi-catch; flagging/streamers on thus, continuation of these mitigation measures is fishing lines. likely.
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TABLE 2—SUMMARY OF ECONOMIC EFFECTS ON SMALL BUSINESSES—Continued
Economic NAICS industry descrip- NAICS Bird mitigation effects on tion code measures with small Rationale no action businesses
Crude Petroleum and 211111 Using closed waste water Likely minimal Several States have regulations governing the Natural Gas Extraction. systems or netting of effects. treatment of oil pits, including measures bene- oil pits and ponds. ficial to birds. In addition, much of the industry is increasingly using closed systems, which do not pose a risk to birds. For these reasons, the pro- posed rule is unlikely to affect a significant num- ber of small entities. Drilling Oil and Gas Wells 213111 Using closed waste water Likely minimal Several States have regulations governing the systems or netting of effects. treatment of oil pits, including measures bene- oil pits and ponds. ficial to birds. In addition, much of the industry is increasingly using closed systems, which do not pose a risk to birds. For these reasons, the pro- posed rule is unlikely to affect a significant num- ber of small entities. Solar Electric Power Gen- 221114 Monitoring bird use and Likely minimal Bird monitoring in some States would continue to eration. mortality at facilities, effects. be required under State policies. Where not re- limited use of deterrent quired, monitoring costs are likely not significant systems such as compared to overall project costs. streamers and reflec- tors. Wind Electric Power Gen- 221115 Following Wind Energy Likely minimal Following the Wind Energy Guidelines has become eration. Guidelines, which in- effects. industry best practice and would likely continue. volve conducting risk In addition, the industry uses these guidelines to assessments for siting aid in reducing effects on other regulated species facilities. like eagles and threatened and endangered bats. Electric Bulk Power 221121 Following Avian Power Likely minimal Industry would likely continue to use APLIC guide- Transmission. Line Interaction Com- effects. lines to reduce outages caused by birds and to mittee (APLIC) guide- reduce the take of eagles, regulated under the lines. Bald and Golden Eagle Protection Act. Electric Power Distribu- 221122 Following Avian Power Likely minimal Industry would likely continue to use APLIC guide- tion. Line Interaction Com- effects. lines to reduce outages caused by birds and to mittee (APLIC) guide- reduce the take of eagles, regulated under the lines. Bald and Golden Eagle Protection Act. Wireless Telecommuni- 517312 Installation of flashing ob- Likely minimal Industry will likely continue to install flashing ob- cations Carriers (except struction lighting. effects. struction lighting to save energy costs and to Satellite). comply with recent Federal Aviation Administra- tion Lighting Circular and Federal Communication Commission regulations.
To improve our analysis of this Executive Order 13771—Reducing Takings proposed rule’s effects on small entities, Regulation and Controlling Regulatory we encourage the submission of relevant Costs In accordance with E.O. 12630, this information during the public comment proposed rule does not contain a period as described above under We expect that this proposed rule will provision for taking of private property, Regulatory Planning and Review, such be an Executive Order (E.O.) 13771 (82 and would not have significant takings implications. A takings implication as additional industry sectors affected, FR 9339, February 3, 2017) deregulatory assessment is not required. the number of small entities affected, action. and the scale and nature of economic Unfunded Mandates Reform Act Federalism effects. In accordance with the Unfunded This proposed rule would not As explained above and in the Mandates Reform Act (2 U.S.C. 1501 et interfere with the States’ abilities to rationale set forth in Regulatory seq.), we have determined the following: manage themselves or their funds. This Planning and Review, the economic rule would not have sufficient a. This proposed rule would not effects on all regulated entities will be federalism effects to warrant preparation ‘‘significantly or uniquely’’ affect small positive and that this proposed rule is of a federalism summary impact not a major rule under SBREFA (5 government activities. A small statement under E.O. 13132. U.S.C. 804(2)). Moreover, we certify that government agency plan is not required. the proposed rule, if promulgated, b. This proposed rule would not Civil Justice Reform would not have a significant economic produce a Federal mandate on local or In accordance with E.O. 12988, we impact on a substantial number of small State government or private entities. have reviewed this proposed rule and entities. Therefore, this action is not a determined that it will not unduly ‘‘significant regulatory action’’ under burden the judicial system and meets the Unfunded Mandates Reform Act. the requirements of sections 3(a) and 3(b)(2) of the Order.
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Paperwork Reduction Act Government-to-Government Energy Supply, Distribution, or Use Relationship with Tribes (E.O. 13211) This rule does not contain information collection requirements, In accordance with Executive Order E.O. 13211 requires agencies to and a submission to the Office of 13175, ‘‘Consultation and Coordination prepare Statements of Energy Effects Management and Budget (OMB) under with Indian Tribal Governments,’’ and when undertaking certain actions. This the Paperwork Reduction Act of 1995 the Department of the Interior’s manual proposed rule is not a significant (44 U.S.C. 3501 et seq.) is not required. at 512 DM 2, we are considering the regulatory action under E.O. 13211 and We may not conduct or sponsor and you possible effects of this proposed rule on would not significantly affect energy are not required to respond to a federally recognized Indian Tribes. The supplies, distribution, or use. Therefore, collection of information unless it Department of the Interior strives to this action is not a significant energy displays a currently valid OMB control strengthen its government-to- action. No Statement of Energy Effects is number. government relationship with Indian required. National Environmental Policy Act Tribes through a commitment to List of Subjects in 50 CFR Part 10 consultation with Indian Tribes and We are evaluating this proposed recognition of their right to self- Exports, Fish, Imports, Law regulation in accordance with the governance and tribal sovereignty. We enforcement, Plants, Transportation, criteria of the National Environmental have evaluated this proposed rule under Wildlife. Policy Act (NEPA), the Department of the criteria in Executive Order 13175 Proposed Regulation Promulgation the Interior regulations on and under the Department’s tribal Implementation of the National consultation policy and have For the reasons described in the Environmental Policy Act (43 CFR 46.10 determined that this rule may have a preamble, we propose to amend through 46.450), and the Department of substantial direct effect on federally subchapter B of chapter 1, title 50 of the the Interior Manual (516 DM 8). We will recognized Indian tribes. Accordingly, Code of Federal Regulations, as set forth complete our analysis, in compliance we will initiate government-to- below: with NEPA, before finalizing this government consultation with federally PART 10—GENERAL PROVISIONS regulation. recognized Indian tribes. ■ Compliance with Endangered Species Clarity of this Proposed Rule 1. The authority citation for part 10 Act Requirements continues to read as follows: We are required by Executive Orders Authority: 16 U.S.C. 668a–d, 703–712, Section 7 of the Endangered Species 12866 and 12988 and by the Act of 1973, as amended (ESA; 16 742a–j–l, 1361–1384, 1401–1407, 1531–1543, Presidential Memorandum of June 1, 3371–3378; 18 U.S.C. 42; 19 U.S.C. 1202. U.S.C. 1531–44), requires that ‘‘The 1998, to write all rules in plain Secretary [of the Interior] shall review ■ 2. Add § 10.14 to subpart B to read as language. This means that each rule we follows: other programs administered by him publish must: and utilize such programs in (a) Be logically organized; § 10.14 Scope of the Migratory Bird Treaty furtherance of the purposes of this Act.’’ Act. (b) Use the active voice to address 16 U.S.C. 1536(a)(1)It further states that The prohibitions of the Migratory Bird readers directly; ‘‘[e]ach Federal agency shall, in Treaty Act (16 U.S.C. 703) that make it consultation with and with the (c) Use clear language rather than unlawful at any time, by any means or assistance of the Secretary, insure that jargon; in any manner, to pursue, hunt, take, any action authorized, funded, or (d) Be divided into short sections and capture, or kill migratory birds, or carried out by such agency . . . is not sentences; and attempt to engage in any of those likely to jeopardize the continued actions, apply only to actions directed at existence of any endangered species or (e) Use lists and tables wherever possible. migratory birds, their nests, or their threatened species or result in the eggs. Injury to or mortality of migratory destruction or adverse modification of If you feel that we have not met these birds that results from, but is not the [critical] habitat.’’ 16 U.S.C. 1536(a)(2) requirements, send us comments by one purpose of, an action (i.e., incidental Before the Service issues a final rule of the methods listed in ADDRESSES. To taking or killing) is not prohibited by regarding take of migratory birds, we better help us revise the rule, your the Migratory Bird Treaty Act. will comply with provisions of the ESA comments should be as specific as as necessary to ensure that the proposed possible. For example, you should tell Dated: January 22, 2020. amendments are not likely to jeopardize us the numbers of the sections or Rob Wallace, the continued existence of any species paragraphs that are unclearly written, Assistant Secretary for Fish and Wildlife and designated as endangered or threatened which sections or sentences are too Parks. or destroy or adversely modify its long, the sections where you feel lists or [FR Doc. 2020–01771 Filed 1–31–20; 8:45 am] critical habitat. tables would be useful, etc. BILLING CODE 4333–15–P
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Notices Federal Register Vol. 85, No. 22
Monday, February 3, 2020
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: • Whether the quality, utility, and contains documents other than rules or Michael Jackson, USAID, Center for clarity of the information to be collected proposed rules that are applicable to the Development Innovations 202–216– could be enhanced; and public. Notices of hearings and investigations, 3467 or [email protected]. • Whether the burden imposed by the committee meetings, agency decisions and SUPPLEMENTARY INFORMATION: USAID/ collection of information could be rulings, delegations of authority, filing of minimized by the use of automated, petitions and applications and agency CDI seeks approval of the following statements of organization and functions are generic collection of information electronic or other technological examples of documents appearing in this request: collection techniques, or other forms of section. Title: Open innovation information technology. competitions—Prizes, Challenges and Michael Jackson, hackathons. General Development Officer, Center for AGENCY FOR INTERNATIONAL OMB Number: not assigned. Development Innovation, Challenges and DEVELOPMENT Type of Review: Renewal of generic Prizes, U.S. Agency for International collection. Development. Center for Development Innovation; Method of Collection: electronic. [FR Doc. 2020–01961 Filed 1–31–20; 8:45 am] Agency Information Collection Frequency of Response: periodically. BILLING CODE P Activities; Proposed Collection; Affected Public: Open Innovation Comment Request; Open Innovation Competition contestants. Competitions—Prizes, Challenges, Estimated Number of Respondents: DEPARTMENT OF AGRICULTURE Hackathons approximately 800 participants AGENCY: Center for Development annually based on current year Agricultural Marketing Service estimates. Innovation, USAID. [Document No. AMS–FTPP–19–0112] ACTION: Notice of information collection. Estimated Time per Response: response time varies depending on the National Bioengineered Food SUMMARY: As required by the Paperwork nature of the open innovation Disclosure Standard; Draft Instructions Reduction Act of 1995, USAID/CDI competition from an average estimated on Testing Methods requests comments on a proposed response time of 10 hours/participant generic collection of information for which is significantly less than offerers ACTION: Notice and request for USAID-sponsored open innovation would be expected to spend on a comments. competitions prizes, challenges, and traditional proposal. Some 100 hackathons. USAID/CDI will consider participants may require as much as 2 SUMMARY: The Agricultural Marketing all comments received in response to additional hours each to provide Service (AMS) of the Department of this notice before requesting approval of additional information upon selection. Agriculture (USDA) is soliciting this generic collection of information Total Estimated Annual Burden: comments and feedback on draft from the Office of Management and 8,200 hours (800 participants × 10 instructions on testing methods as it Budget (OMB). The information hours/participant) + (100 participants × pertains to the National Bioengineered collected includes: Organizational 2 hours/participant). Food Disclosure Standard (Standard). contact information, organization size General Description of Collection: DATES: Comments are due by March 4, disaggregated by gender, point of USAID/CDI establishes open innovation 2020. contact, the name of the project, stage competitions—prizes, challenges and ADDRESSES: We invite you to submit and amount of funding requested, hackathons to source breakthrough written comments via the internet at partner organizations and management innovations from innovators around the http://www.regulations.gov. All teams, sectors the innovation addresses, world to further USAID’s ability to comments should refer to the date and country(ies) project is situated, address its development and page number of this issue of the Federal presence/absence of permanent offices humanitarian response priorities. Register. All comments submitted in in that country, project duration, other response to this notice, including the sources of funding past and present Request for Comments identity of individuals or entities including USAID, method and source of USAID/CDI solicits written comments submitting comments, will be made referral to the challenge/prize/hack-a- from all interested persons about the available to the public on the internet thon, and detailed information about the proposed collection of information. via http://www.regulations.gov. innovation including expected impact. USAID/CDI specifically solicits FOR FURTHER INFORMATION CONTACT: DATES: Interested persons are invited to information relevant to the following Trevor Findley, Deputy Director, Food submit comments regarding the topics: Disclosure and Labeling Division, Fair proposed information collection within • Whether the collection of Trade Practices Program, Agricultural 60 calendar days from the date of this information described above is Marketing Service, U.S. Department of publication. necessary for the proper performance of Agriculture, telephone (202) 690–3460, ADDRESSES: Interested persons are USAID/CDI’s functions, including email [email protected]. invited to submit comments regarding whether the information will have SUPPLEMENTARY INFORMATION: the information collection to Michael practical utility; Jackson, USAID, Center for • Whether the estimated burden of Background Development Innovation (CDI) at the proposed collection of information On July 29, 2016, Public Law 114–216 [email protected]. is accurate; amended the Agricultural Marketing Act
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of 1946 (7 U.S.C. 1621 et. seq.) documents/2018/12/21/2018-27283/ displays a currently valid OMB control (amended Act) to require USDA to national-bioengineered-food-disclosure- number. establish a national, mandatory standard standard. Farm Service Agency for disclosing any food that is or may be Authority: 7 U.S.C. 1639. bioengineered. In accordance with the Title: Application for Payment of amended Act, USDA published final Dated: January 28, 2020. Amounts Due Persons Who Have Died, regulations to implement the Standard Bruce Summers, Disappeared or Declared Incompetent. on December 21, 2018 (83 FR 65814). Administrator, Agricultural Marketing OMB Control Number: 0560–0026. The regulations became effective on Service. Summary of Collection: February 19, 2019, with a mandatory [FR Doc. 2020–01906 Filed 1–31–20; 8:45 am] Representatives or survivors of persons compliance date of January 1, 2022. BILLING CODE 3410–02–P who die, disappear, or are declared Foods that do not contain detectable incompetent must be afforded a method modified genetic material are not of obtaining any payment intended for bioengineered foods and do not require DEPARTMENT OF AGRICULTURE the person. 7 CFR 707 provides that disclosure under the Standard. Under form, FSA–325, be used as the form of the definition of bioengineered food at Submission for OMB Review; application for person desiring to claim 7 CFR 66.1, food does not contain Comment Request such payments. It is necessary to collect information recorded on FSA–325 in modified genetic material if the genetic January 28, 2020. material is not detectable pursuant to order to determine whether The Department of Agriculture has § 66.9. The recordkeeping requirements representatives or survivors of a person submitted the following information for detectability at 7 CFR 66.9 specify are entitled to receive payments earned collection requirement(s) to OMB for the standards of performance for by a person who dies, disappears, or is review and clearance under the detectability testing. Paragraph (c) of 7 declared incompetent before receiving Paperwork Reduction Act of 1995, CFR 66.9 requires that analytical testing the payments due. Public Law 104–13. Comments are meet the following standard: (1) Need and Use of the Information: FSA required regarding; whether the Laboratory quality assurance must will collect information using the FSA– collection of information is necessary ensure the validity and reliability of test 325 form to determine if the survivors results; (2) analytical method selection, for the proper performance of the have rights to the existing payments or validation, and verification must ensure functions of the agency, including to the unpaid portions of the person’s that the testing method used is whether the information will have payments. Survivors must show proof of appropriate (fit for purpose) and that the practical utility; the accuracy of the death, disappearance, or incompetency. laboratory can successfully perform the agency’s estimate of burden including Description of Respondents: testing; (3) the demonstration of testing the validity of the methodology and Individuals or households. validity must ensure consistent accurate assumptions used; ways to enhance the Number of Respondents: 2,000. analytical performance; and (4) method quality, utility and clarity of the Frequency of Responses: Reporting: performance specifications must ensure information to be collected; and ways to Other (when necessary). analytical tests are sufficiently sensitive minimize the burden of the collection of Total Burden Hours: 1,000. information on those who are to for the purposes of the detectability Ruth Brown, requirements of this part. respond, including through the use of appropriate automated, electronic, Departmental Information Collection In the preamble to the final Clearance Officer. regulations, USDA indicated that it mechanical, or other technological [FR Doc. 2020–01890 Filed 1–31–20; 8:45 am] would provide instructions regarding collection techniques or other forms of acceptable testing methodology used to information technology. BILLING CODE 3410–05–P satisfy that a food does not contain Comments regarding this information collection received by March 4, 2020 detectable modified genetic material. A DEPARTMENT OF AGRICULTURE draft of those instructions is now will be considered. Written comments available on the AMS bioengineered should be addressed to: Desk Officer for Animal and Plant Health Inspection food disclosure website at https:// Agriculture, Office of Information and Service www.ams.usda.gov/rules-regulations/be. Regulatory Affairs, Office of With this notice, AMS is seeking Management and Budget (OMB), New [Docket No. APHIS–2017–0069] comments on these draft instructions. Executive Office Building, 725—17th USDA previously provided an Street NW, Washington, DC 20502. International Trade Data System: opportunity to comment on draft Commenters are encouraged to submit Timeline for Enforcing APHIS Core instructions to validate a refining their comments to OMB via email to: Message Set Flags in the Automated process. At this time, we are only [email protected] or Commercial Environment seeking feedback on the instructions on fax (202) 395–5806 and to Departmental AGENCY: Animal and Plant Health testing methods referenced in this Clearance Office, USDA, OCIO, Mail Inspection Service, USDA. notice. Any comments not directly Stop 7602, Washington, DC 20250– ACTION: Notice and request for related to these draft instructions will 7602. Copies of the submission(s) may comments. not be considered. be obtained by calling (202) 720–8958. After reviewing the comments on An agency may not conduct or SUMMARY: The Animal and Plant Health these draft instructions, AMS will sponsor a collection of information Inspection Service (APHIS) is publish final instructions on its website. unless the collection of information announcing full implementation of the The final instructions will be displays a currently valid OMB control APHIS Core Message Set in the maintained and available on the AMS number and the agency informs Automated Commercial Environment/ website. These final instructions pertain potential persons who are to respond to International Trade Data System (ACE/ to the requirements of the existing the collection of information that such ITDS) for the electronic submission of regulations, which can be found at persons are not required to respond to data required by APHIS Animal Care, https://www.federalregister.gov/ the collection of information unless it Biotechnology Regulatory Services,
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Plant Protection and Quarantine, and Automated Commercial System (ACS). After the close of the comment period Veterinary Services. APHIS intends to ACE is an automated and electronic we will publish another notice in the begin applying Harmonized Tariff system for commercial trade processing Federal Register confirming the date Schedule flags, which will alert filers intended to streamline business when APHIS will begin applying HTS who opted to submit electronically processes, facilitate growth in trade, flags. using ACE. Full implementation of the ensure cargo security, and foster Importers and brokers are required to message set will bring APHIS into participation in global commerce, while submit APHIS-required information at compliance with the mandates of the ensuring compliance with U.S. laws and the first U.S. port of arrival and are Security and Accountability For Every regulations and reducing costs for U.S. responsible for knowing what to file, Port Act of 2006 and Executive Order Customs and Border Protection (CBP) regardless of whether a tariff code is 13659. The information collected will and all of its communities of interest. flagged in ACE. The APHIS Core enhance APHIS’ ability to make data- The ability to meet these objectives Message Set does not allow for de driven policy decisions, improve risk depends on successfully modernizing minimis exceptions. Importers and analysis/assessments, and enhance CBP’s business functions and the brokers must submit required data for ability to respond to changing pest/ information technology that supports APHIS-regulated products regardless of disease conditions. those functions. the size or value of the shipment. Any DATES: We will consider all comments The International Trade Data System exceptions to filing APHIS Core data in that we receive on or before March 4, (ITDS) is authorized by section 405 of ACE will be noted on the APHIS ACE 2020. the Security and Accountability For website at http://www.aphis.usda.gov/ Every Port Act of 2006 (SAFE Port Act, ace. ADDRESSES: You may submit comments To view APHIS Core Message Set by either of the following methods: Pub. L. 109–347). The purpose of ITDS, • Federal eRulemaking Portal: Go to as defined by section 405 of the SAFE guidance, visit the APHIS ACE website http://www.regulations.gov/ Port Act, is to eliminate redundant at http://www.aphis.usda.gov/ace/. The #!docketDetail;D=APHIS-2017-0069. information filing requirements, latest APHIS Core Message Set • Postal Mail/Commercial Delivery: efficiently regulate the flow of implementation guide can be viewed on Send your comment to Docket No. commerce, and effectively enforce laws the CBP website at https://www.cbp.gov/ APHIS–2017–0069, Regulatory Analysis and regulations relating to international document/guidance/aphis-pga-message- and Development, PPD, APHIS, Station trade, by establishing a single portal set-adapted-data-element-record-layout. 3A–03.8, 4700 River Road Unit 118, system, operated by CBP, for the A complete list of documents and Riverdale, MD 20737–1238. collection and distribution of standard approved submission options is Supporting documents and any electronic import and export data available on the CBP website at http:// comments we receive on this docket required by all participating Federal www.cbp.gov/document/guidance/ace- may be viewed at http:// agencies. november-1-pga-forms. www.regulations.gov/ From March 1, 2016, through August For questions about the APHIS Core #!docketDetail;D=APHIS-2017-0069 or 15, 2016, the Animal and Plant Health Message Set, please email ace.itds@ in our reading room, which is located in Inspection Service (APHIS) conducted usda.gov. For questions related to room 1141 of the USDA South Building, pilots of ACE/ITDS using the message APHIS’ import requirements, please 14th Street and Independence Avenue set data for Animal Care, Biotechnology visit APHIS’ import/export website at SW, Washington, DC. Normal reading Regulatory Services, Plant Protection https://www.aphis.usda.gov/aphis/ room hours are 8 a.m. to 4:30 p.m. and Quarantine, and Veterinary Services ourfocus/importexport or call APHIS’ Monday through Friday, except (known collectively as APHIS Core).1 Customer Service Center at (844) 820– holidays. To be sure someone is there to The pilots were available for any 2234. help you, please call (202) 799–7039 stakeholder interested in participating. Done in Washington, DC, this 28th day of before coming. During the pilot phase, APHIS January 2020. FOR FURTHER INFORMATION CONTACT: Mr. conducted an analysis and provided Kevin Shea, Richard Leshin, APHIS Liaison for feedback on each initial filing. APHIS Administrator, Animal and Plant Health Automated Commercial Environment, continues to provide an analysis of the Inspection Service. International Trade Data System, data submissions for stakeholders who [FR Doc. 2020–01984 Filed 1–31–20; 8:45 am] request feedback. Management and Program Analyst, BILLING CODE 3410–34–P Quarantine Policy, Analysis and APHIS intends to fully implement Support, PPQ, APHIS, 4700 River Road this change on August 3, 2020. On that Unit 60, Riverdale, MD 20737; (301) date, APHIS intends to begin applying DEPARTMENT OF AGRICULTURE 851–2085; [email protected]. Harmonized Tariff Schedule (HTS) flags, which will alert filers who opt to U.S. Codex Office SUPPLEMENTARY INFORMATION: submit data electronically whether Background APHIS import data is or may be Codex Alimentarius Commission: Meeting of the Codex Committee on The National Customs Automation required. Importers or brokers using Pesticide Residues Program (NCAP) was established in ACE must enter APHIS-required import data when they receive an APHIS- Subtitle B of Title VI—Customs AGENCY: U.S. Codex Office, USDA. Modernization, in the North American specific HTS flag in order to complete their entry in the system. ACTION: Notice of public meeting and Free Trade Agreement Implementation request for comments. Act (Pub. L. 103–182, 107 Stat. 2057, We invite public comment on the 2170, December 8, 1993; see 19 U.S.C. timeline for full implementation of the SUMMARY: The U.S Codex Office is 1411). Through NCAP, the initial thrust APHIS Core Message Set in ACE/ITDS. sponsoring a public meeting on of customs modernization was on trade February 27, 2020. The objective of the 1 To view the notices announcing the beginning compliance and the development of the and end of the pilots, go to http:// public meeting is to provide information Automated Commercial Environment www.regulations.gov/#!docketDetail;D=APHIS- and receive public comments on agenda (ACE), the planned successor to the 2015-0063. items and draft United States (U.S.)
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positions to be discussed at the 52nd Avenue SW, Room 4861, South the 2019 JMPR extraordinary and Session of the Codex Committee on Agriculture Building, Washington, DC regular meetings—Section 3 of the Pesticide Residues (CCPR) of the Codex 20250. Phone: (202) 690–4795, Fax: 2019 JMPR Reports Alimentarius Commission, in (202) 720–3157, Email: Marie.Maratos@ • Proposed MRLs for pesticides in food Guangzhou, People’s Republic of China, usda.gov. and feed March 30–April 4, 2020. The U.S. SUPPLEMENTARY INFORMATION: • Revision of the Classification of Food Manager for Codex Alimentarius and and Feed (CXM 4/1989) for selected Background the Under Secretary for Trade and commodity groups: Foreign Agricultural Affairs recognize Codex was established in 1963 by two (i) Class C— Primary feed the importance of providing interested United Nations organizations, the Food commodities (Type 11: Primary Feed parties the opportunity to obtain and Agriculture Organization (FAO) and commodities of plant origin, taking into background information on the 52nd the World Health Organization (WHO). account silage, fodder, and a separate Session of the CCPR and to address Through adoption of food standards, group for grasses) and the fodder items on the agenda. codes of practice, and other guidelines discussion paper. DATES: The public meeting is scheduled developed by its committees, and by (ii) Class D— Processed Food for Thursday, February 27, 2020 from 1 promoting their adoption and commodities of plant origin (all Types p.m. to 3 p.m. EST. implementation by governments, Codex in Class D). seeks to protect the health of consumers ADDRESSES: The public meeting will (iii) Tables on examples of and ensure fair practices in the food take place at the United States representative commodities for Environmental Protection Agency, trade. The Terms of Reference of the Codex commodity groups in different types Room PYS–4370/80, One Potomac Yard under Class C and Class D, for inclusion South, 2777 South Crystal Drive, Committee on Pesticide Residues (CCPR) are: in the Principles and Guidance for the Arlington, VA 22202. Documents Selection of Representative related to the 52nd Session of the CCPR (a) To establish maximum limits for pesticide residues in specific food items Commodities for the Extrapolation of will be accessible via the internet at the MRLs for Pesticides to Commodity following address: http://www.fao.org/ or in groups of food; (b) to establish maximum limits for Group (CXG 84–2012). fao-who-codexalimentarius/committees/ pesticide residues in certain animal (iv) Impact of the revised types in committee/related-meetings/en/ feeding stuffs moving in international Class C and D on CXLs. ?committee=CCPR. CAPT David Miller, trade where this is justified for reasons (v) Class B—Primary food U.S. Delegate to the 52nd Session of the of protection of human health; commodities of animal origin— CCPR, invites U.S. interested parties to (c) to prepare priority lists of Harmonization of meat mammalian submit their comments electronically to pesticides for evaluation by the Joint maximum residue limits between CCPR the following email address: FAO/WHO Meeting on Pesticide and the Codex Committee on Residues [email protected]. Residues (JMPR); of Veterinary Drugs in Foods (CCRVDF). Call-In-Number: If you wish to (d) to consider methods of sampling • participate in the public meeting for the Impact of revised types in Class A (in and analysis for the determination of 52nd Session of the CCPR by conference the Classification of Food and Feed pesticide residues in food and feed; call, please use the call-in-number: 1– (CXM 4/1989)) on CXLs (e) to consider other matters in • Proposed draft Guidelines for 888–844–9904 and participant code relation to the safety of food and feed 5126092. compounds of low public health containing pesticide residues; and, concern that could be exempted from Registration: Attendees may register (f) to establish maximum limits for to attend in-person the public meeting the establishment of Codex Maximum environmental and industrial Residue Limits (MRLs or also referred by emailing [email protected] by contaminants showing chemical or February 26, 2020. Early registration is to as CXLs) other similarity to pesticides, in specific • encouraged because it will expedite Discussion paper on the opportunity food items or groups of food. to revise the Guidelines on the use of entry into the building. The meeting The CCPR is hosted by China. The will take place in a Federal building. mass spectrometry for the United States attends CCPR as a member identification, confirmation and Attendees should bring photo country of Codex. identification and plan for adequate quantitative determination of residues time to pass through the security Issues To Be Discussed at the Public (CXG 56–2005) • screening systems. Attendees who are Meeting Discussion paper on the monitoring of purity and stability of certified not able to attend the meeting in person, The following items on the Agenda reference material (CRM) of multi- but who wish to participate, may do so for the 52nd Session of the CCPR will class pesticides during prolonged by phone, as discussed above. be discussed during the public meeting: For Further Information about the • storage Adoption of the Agenda • 52nd Session of the CCPR Contact: U.S. • Appointment of Rapporteurs Discussion paper on the review of the Delegate, CAPT David Miller, Chief, • Matters referred to CCPR by CAC and/ International Estimated Short-term Chemistry and Exposure Branch and or other subsidiary bodies Intake (IESTI) equations Acting Chief, Toxicology and • Matters of interest arising from FAO • Discussion paper on opportunities Epidemiology Branch, Health Effects and WHO and challenges for the JMPR Division, Ariel Rios Building, 1200 • Matters of interest arising from other participation in an international Pennsylvania Avenue NW, Washington, international organizations parallel review of a new compound DC 20460. Telephone: (703) 305–5352, • Report on items of general • Discussion paper on the management Fax: (703) 305–5147, Email: consideration by the 2019 JMPR of unsupported compounds (without [email protected]. extraordinary and regular meetings— public health concerns) scheduled for For Further Information about the Section 2 of the 2019 JMPR Reports periodic review Public Meeting Contact: Marie Maratos, • Report on responses to specific • Information on national registrations U.S. Codex Office, 1400 Independence concerns raised by CCPR arising from databases of pesticides
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• Establishment of Codex Schedules should contact USDA’s TARGET Center SUPPLEMENTARY INFORMATION: The and Priority Lists of Pesticides for at (202) 720–2600 (voice and TDD). purpose of the meeting is to: evaluation by the 2020 JMPR 1. Introduce the new RAC members; • Done at Washington, DC, on January 14, Other Business and Future Work 2020. 2. Elect a Southwest Montana RAC Chairperson; Public Meeting Mary Lowe, U.S. Manager for Codex Alimentarius. 3. Discuss and determine if the RAC At the February 27, 2020, public would recommend fee change proposals [FR Doc. 2020–01937 Filed 1–31–20; 8:45 am] meeting, draft U.S. positions on the for developed recreation sites on BILLING CODE P agenda items will be described and National Forest lands; discussed, and attendees will have the 4. Discuss and determine whether opportunity to pose questions and offer DEPARTMENT OF AGRICULTURE RAC funds will be used to fund comments. Written comments may be committee members’ travel costs to the offered at the meeting or sent to CAPT Forest Service public meetings; David Miller, U.S. Delegate for the 52nd 5. Discuss and recommend new Title Session of the CCPR (see ADDRESSES). Southwest Montana Resource II projects. Written comments should state that they Advisory Committee The meeting is open to the public. relate to activities of the 52nd Session AGENCY: Forest Service, USDA. The agenda will include time for people of the CCPR. to make oral statements of three minutes ACTION: Notice of meeting. Additional Public Notification or less. Individuals wishing to make an SUMMARY: The Southwest Montana oral statement should request in writing Public awareness of all segments of Resource Advisory Committee (RAC) by Friday, January 31, 2020 to be rulemaking and policy development is will meet in Dillon, Montana. The scheduled on the agenda. Anyone who important. Consequently, the U.S. committee is authorized under the would like to bring related matters to Codex Office will announce this Federal Secure Rural Schools and Community the attention of the committee may file Register publication on-line through the Self-Determination Act (the Act) and written statements with the committee USDA web page located at: http:// operates in compliance with the Federal staff before or after the meeting. Written www.usda.gov/codex/, a link that also Advisory Committee Act. The purpose comments and requests for time for oral offers an email subscription service of the committee is to improve comments must be sent to Jeanne providing access to information related collaborative relationships and to Dawson, RAC Coordinator, 420 Barrett to Codex. Customers can add or delete provide advice and recommendations to Street, Dillon, MT 59725; by email to their subscription themselves and have the Forest Service concerning projects [email protected], or via the option to password protect their and funding consistent with Title II of facsimile to 406–683–3855. accounts. the Act. RAC information can be found Meeting Accommodations: If you are USDA Non-Discrimination Statement at the following website: https:// a person requiring reasonable accommodation, please make requests No agency, officer, or employee of the www.fs.usda.gov/main/bdnf/ in advance for sign language USDA shall, on the grounds of race, workingtogether/advisorycommittees. interpreting, assistive listening devices, color, national origin, religion, sex, DATES: The meeting will be held on or other reasonable accommodation. For gender identity, sexual orientation, February 14, 2020, at 9 a.m. access to the facility or proceedings, disability, age, marital status, family/ All RAC meetings are subject to please contact the person listed in the parental status, income derived from a cancellation. For status of the meeting section titled For Further Information public assistance program, or political prior to attendance, please contact the Contact. All reasonable accommodation beliefs, exclude from participation in, person listed under FOR FURTHER requests are managed on a case by case deny the benefits of, or subject to INFORMATION CONTACT. basis. discrimination any person in the United ADDRESSES: The meeting will be held at States under any program or activity the Beaverhead-Deerlodge National Dated: January 29, 2020. conducted by the USDA. Forest’s Sueprvisor’s Office, 420 Barrett Cikena Reid, Street, Dillon, Montana 59725. USDA Committee Management Officer. How To File a Complaint of Written comments may be submitted [FR Doc. 2020–02024 Filed 1–30–20; 4:15 pm] Discrimination as described under Supplementary BILLING CODE 3411–15–P To file a complaint of discrimination, Information. All comments, including complete the USDA Program names and addresses when provided, Discrimination Complaint Form, which are placed in the record and are COMMISSION ON CIVIL RIGHTS may be accessed online at http:// available for public inspection and copying. The public may inspect www.ocio.usda.gov/sites/default/files/ Notice of Public Meeting of the _ _ _ _ comments received at the Beaverhead- docs/2012/Complain combined 6 8 Washington Advisory Committee to Deerlodge National Forest Supervisor’s 12.pdf, or write a letter signed by you the U.S. Commission on Civil Rights or your authorized representative. Send Office. Contact 406–683–3987 to your completed complaint form or letter facilitate entry into the building. AGENCY: U.S. Commission on Civil to USDA by mail, fax, or email. FOR FURTHER INFORMATION CONTACT: Rights. Mail: U.S. Department of Agriculture, Jeanne Dawson, RAC Coordinator, by ACTION: Announcement of meeting. Director, Office of Adjudication, 1400 phone at 406–683–3987 or by email at Independence Avenue SW, Washington, [email protected]. SUMMARY: Notice is hereby given, DC 20250–9410. Individuals who use pursuant to the provisions of the rules Fax: (202) 690–7442, Email: telecommunication devices for the deaf and regulations of the U.S. Commission [email protected]. (TDD) may call the Federal Information on Civil Rights (Commission) and the Persons with disabilities who require Relay Service (FIRS) at 1–800–877–8339 Federal Advisory Committee Act that alternative means for communication between 8 a.m. and 8 p.m., Eastern the Washington Advisory Committee (Braille, large print, audiotape, etc.) Standard Time, Monday through Friday. (Committee) will hold a series of
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meetings via teleconference on Tuesday, gzmYAAQ Please click on the ‘‘Meeting at the end of the meeting. Members of February 18, 2020 at 12 p.m. and Details’’ and ‘‘Documents’’ links. the public may also submit written Wednesday, March 4, 2020 at 11:30 a.m. Persons interested in the work of this comments; the comments must be Pacific Time. The purpose of the Committee are also directed to the received in the Regional Programs Unit meeting for the Committee to discuss Commission’s website, http:// within 30 days following the meeting. their upcoming hearing on Voting www.usccr.gov, or may contact the Written comments may be mailed to the Rights and Felony Convictions in Regional Programs Unit office at the Midwestern Regional Office, U.S. Washington. above email or street address. Commission on Civil Rights, John C. Kluczynski Federal Building, 230 S DATES: The meetings will be held on: Agenda • Dearborn St., Suite 2120, Chicago, IL Tuesday, February 18, 2020, at 12 Welcome and Roll Call 60604. They may be faxed to the p.m. Pacific Time Discussion: Hearing on Voting Rights in • Commission at (312) 353–8324, or Wednesday March 4, 2020, at 11:30 Washington emailed to [email protected]. Persons a.m. Pacific Time Public Comment who desire additional information may Public Call Information: Dial: 800– Adjournment contact the Regional Programs Unit at 367–2403, Conference ID: 2255959. Dated: January 29, 2020. (312) 353–8311. FOR FURTHER INFORMATION CONTACT: David Mussatt, Records and documents discussed Brooke Peery, DFO, at [email protected] Supervisory Chief, Regional Programs Unit. during the meeting will be available for or (213) 894–3437. [FR Doc. 2020–01951 Filed 1–31–20; 8:45 am] public viewing prior to and after the SUPPLEMENTARY INFORMATION: Members BILLING CODE P meetings at https:// of the public may listen to the www.facadatabase.gov/FACA/ discussion. This meeting is available to FACAPublicViewCommitteeDetails?id= the public through the above listed toll COMMISSION ON CIVIL RIGHTS a10t0000001gzm9AAA. Please click on free number. An open comment period the ‘‘Committee Meetings’’ tab. Records will be provided to allow members of Notice of Public Meeting of the generated from these meetings may also the public to make a statement as time Tennessee Advisory Committee be inspected and reproduced at the Regional Programs Unit, as they become allows. The conference call operator AGENCY: U.S. Commission on Civil will ask callers to identify themselves, Rights. available, both before and after the meetings. Persons interested in the work the organization they are affiliated with ACTION: Notice of meeting. (if any), and an email address prior to of this Committee are directed to the placing callers into the conference SUMMARY: Notice is hereby given, Commission’s website, https:// room. Callers can expect to incur regular pursuant to the provisions of the rules www.usccr.gov, or may contact the charges for calls they initiate over and regulations of the U.S. Commission Regional Programs Unit at the above wireless lines, according to their on Civil Rights and the Federal email or street address. wireless plan. The Commission will not Advisory Committee Act, that the Agenda refund any incurred charges. Callers Tennessee Advisory Committee will I. Opening Remarks will incur no charge for calls they hold a public meeting on Friday, II. Discussion of Legal Financial initiate over land-line connections to January 31, 2020, at 12:30 p.m. Central Obligations Report Time, to continue discussion of its the toll-free telephone number. Persons III. Public Comments with hearing impairments may also report on legal financial obligations. IV. Adjournment follow the proceedings by first calling Public Call Information: Dial: 800– the Federal Relay Service at 1–800–877– 353–6461; Conference ID: 1126557. Dated: January 28, 2020. 8339 and providing the Service with the FOR FURTHER INFORMATION CONTACT: David Mussatt, conference call number and conference David Mussatt (Supervisory Chief, Supervisory Chief, Regional Programs Unit. ID number. Regional Programs Unit) at dmussatt@ [FR Doc. 2020–01901 Filed 1–31–20; 8:45 am] Members of the public are also usccr.gov or (312) 353–8311. BILLING CODE P entitled to submit written comments; SUPPLEMENTARY INFORMATION: This the comments must be received in the meeting is available to the public regional office within 30 days following through the following toll-free call-in DEPARTMENT OF COMMERCE the meeting. Written comments may be number: 800–353–6461, conference ID mailed to the Regional Programs Unit number: 1126557. Any interested Census Bureau Office, U.S. Commission on Civil Rights, member of the public may call this 300 N Los Angeles St., Suite 2010, Los number and listen to the meeting. Submission for OMB Review; Angeles, CA 90012. They may also be Callers can expect to incur charges for Comment Request faxed to the Commission at (213) 894– calls they initiate over wireless lines, The Department of Commerce will 0508, or emailed to Angelica Trevino at and the Commission will not refund any submit to the Office of Management and [email protected]. Persons who desire incurred charges. Callers will incur no Budget (OMB) for clearance the additional information may contact the charge for calls they initiate over land- following proposal for collection of Regional Programs Unit Office at (213) line connections to the toll-free information under the provisions of the 894–3437. telephone number. Persons with hearing Paperwork Reduction Act. Records generated from this meeting impairments may also follow the Agency: U.S. Census Bureau. may be inspected and reproduced at the proceedings by first calling the Federal Title: 2020 Census—Program Updates. Regional Programs Unit Office, as they Relay Service at 1–800–877–8339 and The initial Federal Register Notice become available, both before and after providing the Service with the ‘‘2020 Census’’ (June 8, 2018, Vol. 83, the meeting. Records of the meeting will conference call number and conference Number 111, pp. 26643–26653, FR Doc. be available at: https:// ID number. No.: 2018–12365) described the 2020 www.facadatabase.gov/FACA/apex/ Members of the public are entitled to Census in full. Approval for the 2020 FACAPublicCommittee?id=a10t0000001 make comments during the open period Census is being sought from OMB in
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phases. The first phase of approval was prior Notice publication. In particular, estimate has been adjusted to use the for the 2020 Census Address Canvassing the program change is the addition of upper-level estimate rather than the operation only, which was described in Mobile Questionnaire Assistance, a lower-level. In addition, estimates of the Federal Register Notice ‘‘2020 Census,’’ component of internet Self-Response. number of addresses that would be October 2, 2018 (Vol. 83, No. 191, pp. This change will be described below. added to the Nonresponse Followup 49535–49539, FR Doc. No.: 2018– Other program updates are also universe from late updating operations 21386). Address Canvassing creates the described in this Notice. In particular, that were shown in prior Notices were address list for the census and precedes ongoing address frame activity is planning estimates of the maximum census enumeration data collection. The impacting the total number of housing number. At present the Census Bureau remaining enumeration operations units, which impacts the estimate of has actual counts of addresses scoped for the 2020 Census data response burden. submitted in all late address frame collection were described in Federal OMB Control Number: 0607–1006. updating operations. The total of these Form Number(s): No additional forms Register Notice ‘‘2020 Census,’’ addresses is less than the predicted February 13, 2019 (Vol. 84, No. 30, pp for this revision. Type of Request: Revision of a maximum used in prior estimates. At 3746–3757, FR Doc. No.: 2019–02223), the same time 2020 Census universe file which had an additional 30-day currently approved collection. Number of Respondents: 195,747,754 updating is currently in progress. The comment period. The Evaluations and counts shown in the table below reflect Experiments Program was described in to 2020 Census. Average Hours Per Response: 10 the number of addresses received Federal Register Notice ‘‘2020 Census— minutes for census enumeration. through all operations assuming no Evaluations and Experiments,’’ Burden Hours: 29,381,849 for 2020 duplication across sources. This results September 9, 2019 (Vol. 84, No. 174, pp Census. in an overestimate of this total number. 47233–47239, FR Doc. No.: 2019– This burden is higher than shown in Thus the expected workload for 19312). This was an additional revision prior Notices for multiple reasons. The Nonresponse Followup is lower than to the approved OMB materials. list of living quarters has increased due that shown in previous Notices, and the There has been an additional change to ongoing address file development. final estimate could become still lower to the 2020 Census program since the The Self-Response Quality Assurance as file processing completes.
2020 CENSUS
Estimated time Operation or category Estimated number per response (in Total burden of respondents minutes) hours
Address Canvassing ...... 15,786,734 5 1,315,561 Address Canvassing Listing Quality Control ...... 1,578,673 5 131,556
Address Canvassing Subtotal ...... 17,365,407 ...... 1,447,117 Geographic Areas Focused on Self-Response (this includes Mailout and Update Leave): Internet/Telephone/Paper ...... 90,060,785 10 15,010,131 Optimization of Self-Response Experiment ...... 118,541 10 19,757 Extending the Decennial Census Environment to the Mailing Materials ...... 172,992 10 28,832 Update Leave ...... 6,805,523 5 567,127 Update Leave Quality Control ...... 680,552 5 56,713 Nonresponse Followup ...... 62,474,993 10 10,412,499 Nonresponse Followup Reinterview ...... 3,123,750 5 260,313 Self-Response Quality Assurance ...... 750,000 10 125,000 Field Verification ...... 220,000 2 7,333 Field Verification Quality Control ...... 11,000 2 367 Coverage Improvement ...... 3,200,000 7 373,333 Non-ID Processing Phone Followup ...... 750,000 5 62,500
Self-Response Areas Subtotal ...... 168,368,136 ...... 26,923,905 Geographic Area Focused on Update Enumerate: Update Enumerate Production ...... 35,000 12 7,000 Update Enumerate Listing Quality Control ...... 3,500 5 292 Update Enumerate Reinterview ...... 1,750 10 292
Update Enumerate Subtotal ...... 40,250 ...... 7,584 Group Quarters (GQ): Domestic Violence Shelter address collection ...... 57 20 19 GQ Advance Contact (facility) ...... 297,000 10 49,500 GQ Enumeration—eResponse (facility) ...... 14,300 20 4,767 GQ Enumeration—person contact ...... 8,000,000 5 666,667 Service-Based Enumeration ...... 800,000 5 66,667 Group Quarters Quality Control ...... 8,500 5 708 Domestic Violence Shelter Enumeration ...... 0* ...... 0 Military Enumeration ...... 0* ...... 0 Maritime and Military Vessel Enumeration ...... 0* ...... 0
Group Quarters Subtotal ...... 9,119,857 ...... 788,328 Carnivals/Circuses address collection ...... 450 10 75 Hotels/Motels address collection ...... 55,000 10 9,167
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2020 CENSUS—Continued
Estimated time Operation or category Estimated number per response (in Total burden of respondents minutes) hours
Enumeration at Transitory Locations—Advance Contact ...... 50,000 10 8,333 Enumeration at Transitory Locations—Units ...... 600,000 10 100,000 Federally Affiliated Count Overseas ...... 82 5 7 Island Areas Censuses—Housing Units ...... 138,281 40 92,187 Island Areas Censuses—Group Quarters ...... 10,291 30 5,146
Totals ...... 195,747,754 ...... 29,381,849 * This burden is included in GQ enumeration—person contact.
Needs and Uses: Article 1, Section 2 (MAF)/Topologically Integrated than other enumeration operations of the United States Constitution Geographic Encoding and Referencing (starting in January) due to seasonal mandates that the U.S. House of system (TIGER) database. availability of the population, who Representatives be reapportioned every The TEAs designated for the 2020 disperse when warmer weather arrives. ten years by conducting an enumeration Census are: During Update Leave (TEA 6), Census of all residents. In addition to the * TEA 1 = Self-Response. Bureau staff visit an address, update the reapportionment of the U.S. Congress, * TEA 2 = Update Enumerate. address list, and leave a questionnaire Census data are used to draw legislative * TEA 3 = Island Areas. package at each individual housing unit. district boundaries within states. Census * TEA 4 = Remote Alaska. The household is expected to return the data are also used by numerous agencies * TEA 6 = Update Leave. questionnaire or submit their data to determine funding allocations for the The most common enumeration online or by telephone. Puerto Rico is distribution of an estimated $675 billion method by percentage of households is designated as entirely Update Leave in of federal funds each year. self-response (TEA 1), where materials The taking of a decennial census is order to create a current address list at will be delivered to each address mandated by Article 1, Section 2 of the the time of the census, in response to through the mail and self-response will U.S. Constitution. Title 13, United changes that may have occurred due to be supported and promoted. Self- States Code (U.S.C), Section 141 directs recent natural disasters. Nonresponding the Secretary to take a decennial census response can occur when households units in Update Leave areas are of population and housing, determining mail back a 2020 Census paper included in the NRFU workload. its form and content, and further questionnaire, submit the data on the 2020 Census internet questionnaire, or The final TEA delineation includes authorizes the collection of such other updated counts of housing units census information in relation to the call the telephone number for Census Questionnaire Assistance and submit resulting from Address Canvassing and decennial census, as necessary. These other housing unit update operations. authorities are delegated to the Director the data during the phone call. After the These updated counts change the of the Census Bureau under Department initial self-response phase, burden table from prior publications of Commerce Organization Order 35– nonresponding households in TEA 1 2A. The Census Bureau is required to will be enumerated in the Nonresponse and increase the total burden. A map of conduct the 2020 Census to collect the Followup (NRFU) operation. In Update the areas designated for the various person and housing data that will be Enumerate (TEA 2), Census Bureau TEAs is shown at the embedded link: used for reapportionment, redistricting, enumerators visit an address, update the TEA Viewer address list, and attempt household and various statistical data products, Mobile Questionnaire Assistance under Title 13, U.S. Code. Additionally, enumeration at the same time. This TEA the Census Bureau is authorized under will be used for a very small portion of The Census Bureau has recently Title 13 Section 193 to conduct surveys the addresses in the country, such as added a Mobile Questionnaire and collect information before, during, those with access problems or minimal Assistance component to the internet mail service. The Island Areas (TEA 3) and after the decennial census to assist Self-Response operation. This are not currently included in MAF/ in the conduct of the decennial census. component will create additional TIGER. With no existing address list for Type of Enumeration Areas these areas, the address list will be opportunities for the public to respond to the 2020 Census in key locations that Prior to the census, it is necessary to created and enumeration will be delineate all geographic areas into Type attempted at the same time. Remote are experiencing low response rates. of Enumeration Areas (TEAs), which Alaska (TEA 4) uses the Update The Mobile Response Initiative builds describe what methodology will be used Enumerate methodology but in remote on and improves the model for the 2010 for census material delivery and areas of Alaska. These areas have Census Questionnaire Assistance household enumeration in order to use unique challenges associated with the Centers. With the use of mobile the most cost-effective enumeration accessibility to communities where the technology, Mobile Questionnaire approach for achieving maximum population ranges from several hundred Assistance can be deployed in areas accuracy and completeness. TEAs also people to just a few people. experiencing low response rates across describe what methodology will be used Communities are widely scattered and the country, rather than in static for updating the address frame. For the rarely linked by roads. Most are locations. Respondents can receive United States and Puerto Rico, TEAs are accessible only by small-engine assistance from trained staff, and they delineated at the block level based on airplane, snowmobile, four-wheel-drive can answer the 2020 Census using the address and spatial data in the vehicles, dogsled, or some combination Census Bureau iPads to access the Census Bureau’s Master Address File thereof. This operation occurs earlier internet Self-Response instrument.
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Evaluations and Experiments assessments or the quality profiles. They multiple assessments but will cover the For the 2020 Census, the evaluations are described here for the purpose of same material. The new evaluations are: and experiments program has been providing the complete scope of the Evaluating the 2020 Census described either as a revision to the Evaluations and Experiments operation. Communication Campaign: Census 2020 Census package, as part of the The evaluations and experiments Mindset Measures Before and After the Census Bureau’s 2020 Census Post- performed during a census represent the Campaign, 2020 Census Quantitative Enumeration Survey Independent initial plans for updating and improving Testing, 2020 Census Tracking Survey, Listing Operation (covered under OMB the subsequent census. While testing Investigating Digital Advertising and approval #0607–1009), or within continues throughout the decade, Online Self-Response, Matching 2019 Generic Clearances for Census Bureau certain aspects can only be tested within Census Barrier, Attitudes, and Behaviors Field Tests and Evaluations (covered a decennial census environment, as Study Survey Sample to 2020 Census, under OMB approval #0607–0971 and public awareness of the census and of Comparing 2019 Census Test and 2020 #0607–0978). There are a few updates to the responsibility to respond is often a Census Self-Respons Rates to Estimate the 2020 Census evaluations and key factor of the test. Evaluations are ‘‘Decennial Environment,’’and experiments program since the designed to analyze, interpret, and Evaluating the Effect of the Decennial publication of the prior Federal Register synthesize the effectiveness and Census on Self-Response to the Notice. The full program is described efficiencies of census components and American Community Survey. In below. their impact on data quality and addition, six synthesis reports have For the 2020 Census, operational coverage using data collected from been added. A synthesis report assessments, quality profiles, census operations, processes, systems, integrates component reports on a evaluations, and experiments are all and auxiliary data collections. particular topic. The topics of the Experiments provide quantitative or produced within the Evaluations and synthesis reports are: The Integrated qualitative results for tests that occur Experiments operation. Operational Partnership and Communications during a decennial census. Since they Assessments are designed to document Program, Undercount of Young occur in an environment of optimal final volumes, rates, and costs for Children, Response Rates and Behavior census awareness, results simulate more individual operations or processes using Analysis, Interviewer Data Collection, data from production files and activities closely to what experimental treatments Address List Development, and information collected from would yield in a full production Administrative Records. These are debriefings and lessons learned. They application. Experiments inform described briefly in the table below and do not include analysis. Operational planning of future decennial censuses, in more detail in the study plans that assessments report out on planned so 2020 Census experiments will focus are included with this package of versus actual variances as they relate to on planning toward a 2030 Census. budget, schedule, and workloads The table below shows the full set of materials. (production and training) and on planned evaluation efforts. Two For the purposes of fully defining the meeting performance success criteria. assessments, seven evaluations, and six Evaluations and Experiments operation, Depending on the operation, they may synthesis reports have recently been specific assessments, evaluations, and include frequency distributions and added to the planned list. The new experiments planned for the 2020 standard demographic or address tables. assessments are Count Review Census are documented in the table Quality profiles are designed to provide Operational Assessment, and internet below. Some evaluations and the results from the quality assurance Self-Response: Mobile Questionnaire experiments shown in italics are program for an operation. No additional Assistance Assessment. In addition described within other OMB approval data collection is required for the some of the Post-Enumeration Survey packages, as noted in the footnotes to purpose of creating the operational assessments have been split into the table.
2020 Census Operational Assessments: Archiving Operational Assessment Census Questionnaire Assistance Operational Assessment Content and Forms Design Operational Assessment Count Question Resolution Operational Assessment Count Review Operational Assessment Coverage Improvement Operational Assessment Decennial Logistics Management—Logistics Management Support Operational Assessment Decennial Logistics Management—Space Acquisition and Lease Management Operational Assessment Decennial Service Center Operational Assessment Demographic Analysis Operational Assessment Enumeration at Transitory Locations Advance Contact Operational Assessment Enumeration at Transitory Locations Operational Assessment Evaluations and Experiments Operational Assessment Federally Affiliated Count Overseas Operational Assessment Field Infrastructure—Field Office Administration and Payroll Operational Assessment Field Infrastructure—Recruiting, Onboarding, and Training Operational Assessment Forms Printing and Distribution Operational Assessment Geographic Partnership Programs Operational Assessment Group Quarters Advance Contact Assessment Report Group Quarters Enumeration and Military Enumerations Assessment In-Field Address Canvassing Operational Assessment In-Office Address Canvassing Operational Assessment Integrated Partnership and Communications Contract Assessment Integrated Partnership and Communications Operational Assessment Research to Support the Integrated Partnership and Communications Program Internet Self-Response Operational Assessment
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Internet Self-Response: Mobile Questionnaire Assistance Assessment Island Areas Censuses Operational Assessment Item Nonresponse Rates Assessment Study Language Services Operational Assessment Local Update of Census Addresses Operational Assessment Maritime Vessel Enumeration Report New Construction Operational Assessment Non-ID Operational Assessment Nonresponse Followup Operational Assessment Paper Data Capture Operational Assessment Post-Enumeration Survey Sampling and Estimation Operational Assessment Post-Enumeration Survey Field Operations Independent Listing Operational Assessment Post-Enumeration Survey Field Operations Initial Housing Unit Followup Operational Assessment Post-Enumeration Survey Field Operations Person Interview Operational Assessment Post-Enumeration Survey Field Operations Person Followup Operational Assessment Post-Enumeration Survey Field Operations Final Housing Unit Followup Operational Assessment Post-Enumeration Survey Matching Initial Housing Unit Matching Operational Assessment Post-Enumeration Survey Matching Person Matching Operational Assessment Post-Enumeration Survey Matching Final Housing Unit Matching Operational Assessment Redistricting Data Program Operational Assessment Response Processing Operational Assessment Response Rates Assessment Study Self-Response Quality Assurance Operational Assessment Service-Based Enumeration Assessment Report Systems and Applications in the 2020 Census (Security, Privacy, and Confidentiality) Update Enumerate Operational Assessment Update Leave Operational Assessment 2020 Census Quality Control (QC): Quality Control Study Plan for Listing Operations Quality Control Study Plan for Enumeration Operations Address Canvassing QC Results Update Leave QC Results Nonresponse Followup QC Results Person Interview QC Results Independent Listing QC Results
2020 Census evaluations and experiments Additional data collected
Evaluations Reengineered Address Canvassing ...... Salted and suppressed addresses • Estimate certain types of errors that can occur during In-Field Address Canvassing. Investigate effective- within Address Canvassing: ness of In-Office Address Canvassing and Interactive Review. Compare costs of reengineered Address same burden estimate because Canvassing to 100 percent In-Field Address Canvassing. listers should delete incorrect ad- • Evaluate In-Field Address Canvassing listers by including false addresses (salting) and suppressing a dresses (which does not involve sample of valid addresses. contact) and add missing ad- • Evaluate In-Office and In-Field Address Canvassing using Post-Enumeration Survey listing results.1 dresses (which is the same bur- den as for valid addresses). Administrative Record Dual-System Estimation ...... None. Determine whether dual system estimates could be generated without conducting an independent post- enumeration survey, using Administrative Records. Evaluating Privacy and Confidentiality Concerns 2 ...... NA. Capture respondents’ concerns about privacy and confidentiality during the census, particularly with re- spect to the internet response option and administrative records use in a census environment. The Undercount of Young Children: A Qualitative Evaluation of Census Materials and Operations 2, 3 ...... NA. Conduct focus groups and cognitive interviews to identify where existing roster questions and procedures are failing and how to improve them. Research on Hard to Count Populations: Non-English Speakers and Complex Household Residents, in- NA. cluding Undercount of Children Research 2. Assess NRFU interviews in areas associated with potential undercoverage and non-English speaking households. In addition, administer a specialized enumerator training module to a sample of Spanish- speaking bilingual enumerators to evaluate its impact. Analysis of Census Internet Self-Response Paradata by Language ...... None. Examine 2020 Census web paradata and assess by language. Group Quarters Advance Contact: Refining Classification of College or University Student Housing 2 ...... NA. Explore whether refined classification used in the 2020 Census results in more accurately identifying pri- vately owned college housing. Evaluating the 2020 Census Communications Campaign: Census Mindset Measures Before and After the Opinion data; multiple waves of col- Campaign 4. lection. Gauge whether the portion of the population with mindsets less inclined to participate in the census shrank over the course of the campaign while the portion of the population with mindsets more inclined to par- ticipate grew larger. 2020 Census Quantitative Copy Testing 4 ...... Awareness and comprehension Test whether 2020 Census television and radio advertisements perform better than control ads that do not data across multiple treatments. mention the 2020 Census on factors including message recall, message comprehension, ad likability and enjoyability, behavioral intention to respond to the census, and the Census Bureau’s corporate image.
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2020 Census evaluations and experiments Additional data collected
2020 Census Tracking Survey 4 ...... Opinion data; monthly then daily Track US public sentiment concerning matters that may bear upon 2020 Census participation to examine collections. how attitudes and perceptions change during the census measurement period (mid-March through May 2020) Investigating Digital Advertising and Online Self-Response ...... None. Investigate the relationship between digital advertising materials and online self-response by analyzing ISR paradata. Matching 2018 Census Barriers, Attitudes, and Behaviors Study Survey Sample to 2020 Census ...... None. Match the 2018 Census Barriers, Attitudes, and Motivators Study (CBAMS) survey sample addresses to 2020 Census addresses to evaluate (1) how well survey respondents’ intended response behaviors align with actual response behaviors, (2) the characteristics of non-responding CBAMS households. Comparing 2019 Census Test and 2020 Census Self-Response Rates to Estimate ‘‘Decennial Environ- None. ment’’. Matching 2019 Census Test data to 2020 Census data to compare self-response behavior with and without the decennial environment. Evaluating the Effect of the Decennial Census on Self-Response to the American Community Survey ...... None. Assess of the impact of the decennial census communications campaign on garnering self-response from members of the public for the American Community Survey. Analyze the self-response trends for the American Community Survey to assess the extent to which the changes in the data collection environ- ment during the decennial census affect other self-response data collection efforts undertaken by the Census Bureau. Experiments Extending the Census Environment to the Mailing Materials ...... None. Test effect on self-response rates of wearable, nonmonetary mailing inserts that promote the 2020 Census as well as mailing materials that incorporate elements and images developed by the 2020 Census com- munications campaign. In addition, test the use of an every door direct mail piece and comparing two different every door direct mail pieces for the effect on self-response rates. Optimization of Self-Response in the 2020 Census Experiment ...... None. Evaluate impacts of the mailing strategy and the influence of the internet response option by (1) mailing a sample of housing units a modified version of 2010 Census materials with no promotion of the internet response option on a schedule that resembles what occurred during the 2010 Census, (2) mailing an- other sample of housing units a modified version of the 2020 Census materials with no promotion of the internet response option, (3) switching the planned mail contact strategy between internet choice and internet first for another sample of housing units. In addition, test the effectiveness of communications and partnership activities by not mailing and 2020 Census materials to a sample of households. Real-Time 2020 Census Administrative Record Census Simulation ...... None. Compare person-level, housing unit-level, and hybrid approaches to conducting an administrative record census. Synthesis Reports Integrated Partnership and Communications Evaluation Synthesis Report ...... None. Undercount of Young Children ...... None. Response Rates and Behavior Analysis ...... None. Interviewer Data Collection ...... None. Address List Development ...... None. Administrative Records ...... None. 1. 2020 Census Post-Enumeration Survey Independent Listing Operation (OMB approval #0607–1009). 2. Generic Clearance for Census Bureau Field Tests and Evaluations (OMB approval #0607–0971). 3. Generic Clearance for Questionnaire Pretesting Research (OMB approval #0607–0725). 4. Generic Clearance for Testing (OMB approval #0607–0978).
Affected Public: Individuals or and will be posted to http:// Microsoft Word, Excel, WordPerfect, or Households. www.regulations.gov for public viewing. Adobe PDF file formats only. Frequency: Once every 10 years. Comments will generally be posted Sheleen Dumas, Respondent’s Obligation: Mandatory. without change. All Personally Legal Authority: Title 13, United Identifiable Information (for example, Department PRA Clearance Officer, Office of States Code, Section 141 and 193. name and address) voluntarily the Chief Information Officer, Commerce Department. This information collection request submitted by the commenter may be [FR Doc. 2020–01945 Filed 1–31–20; 8:45 am] may be viewed at www.reginfo.gov. publicly accessible. Do not submit Follow the instructions to view Confidential Business Information or BILLING CODE 3510–07–P Department of Commerce collections otherwise sensitive or protected currently under review by OMB. information. You may submit Written comments and attachments to electronic comments in recommendations for the proposed information collection, identified by Docket number OMB–2018–0004, may be submitted to the Federal e- Rulemaking portal: https:// www.regulations.gov within 30 days of publication of this notice. All comments received are part of the public record
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DEPARTMENT OF COMMERCE Commerce invites comments regarding withdraw that request within 90 days of the CBP data and respondent selection the date of publication of the notice of International Trade Administration within five days of placement of the initiation of the requested review. The CBP data on the record of the review. regulation provides that Commerce may Antidumping or Countervailing Duty In the event Commerce decides it is extend this time if it is reasonable to do Order, Finding, or Suspended necessary to limit individual so. Determinations by Commerce to Investigation; Opportunity To Request examination of respondents and extend the 90-day deadline will be Administrative Review conduct respondent selection under made on a case-by-case basis. AGENCY: section 777A(c)(2) of the Act: Enforcement and Compliance, Deadline for Particular Market International Trade Administration, In general, Commerce finds that Situation Allegation Department of Commerce. determinations concerning whether particular companies should be FOR FURTHER INFORMATION CONTACT: ‘‘collapsed’’ (i.e., treated as a single Section 504 of the Trade Preferences Brenda E. Brown, Office of AD/CVD entity for purposes of calculating Extension Act of 2015 amended the Act Operations, Customs Liaison Unit, antidumping duty rates) require a by adding the concept of particular Enforcement and Compliance, substantial amount of detailed market situation (PMS) for purposes of International Trade Administration, information and analysis, which often constructed value under section 773(e) U.S. Department of Commerce, 1401 1 require follow-up questions and of the Act. Section 773(e) of the Act Constitution Avenue NW, Washington, analysis. Accordingly, Commerce will states that ‘‘if a particular market DC 20230, telephone: (202) 482–4735. not conduct collapsing analyses at the situation exists such that the cost of Background respondent selection phase of a review materials and fabrication or other processing of any kind does not Each year during the anniversary and will not collapse companies at the respondent selection phase unless there accurately reflect the cost of production month of the publication of an in the ordinary course of trade, the antidumping or countervailing duty has been a determination to collapse certain companies in a previous administering authority may use order, finding, or suspended another calculation methodology under investigation, an interested party, as segment of this antidumping proceeding (i.e., investigation, administrative this subtitle or any other calculation defined in section 771(9) of the Tariff methodology.’’ When an interested Act of 1930, as amended (the Act), may review, new shipper review or changed circumstances review). For any party submits a PMS allegation pursuant request, in accordance with 19 CFR to section 773(e) of the Act, Commerce 351.213, that the Department of company subject to a review, if Commerce determined, or continued to will respond to such a submission Commerce (Commerce) conduct an consistent with 19 CFR 351.301(c)(2)(v). administrative review of that treat, that company as collapsed with others, Commerce will assume that such If Commerce finds that a PMS exists antidumping or countervailing duty under section 773(e) of the Act, then it order, finding, or suspended companies continue to operate in the will modify its dumping calculations investigation. same manner and will collapse them for appropriately. All deadlines for the submission of respondent selection purposes. comments or actions by Commerce Otherwise, Commerce will not collapse Neither section 773(e) of the Act nor discussed below refer to the number of companies for purposes of respondent 19 CFR 351.301(c)(2)(v) set a deadline calendar days from the applicable selection. Parties are requested to (a) for the submission of PMS allegations starting date. identify which companies subject to and supporting factual information. review previously were collapsed, and However, in order to administer section Respondent Selection (b) provide a citation to the proceeding 773(e) of the Act, Commerce must In the event Commerce limits the in which they were collapsed. Further, receive PMS allegations and supporting number of respondents for individual if companies are requested to complete factual information with enough time to examination for administrative reviews a Quantity and Value Questionnaire for consider the submission. Thus, should initiated pursuant to requests made for purposes of respondent selection, in an interested party wish to submit a the orders identified below, Commerce general each company must report PMS allegation and supporting new intends to select respondents based on volume and value data separately for factual information pursuant to section U.S. Customs and Border Protection itself. Parties should not include data 773(e) of the Act, it must do so no later (CBP) data for U.S. imports during the for any other party, even if they believe than 20 days after submission of initial period of review. We intend to release they should be treated as a single entity Section D responses. the CBP data under Administrative with that other party. If a company was Opportunity to Request a Review: Not Protective Order (APO) to all parties collapsed with another company or later than the last day of February having an APO within five days of companies in the most recently 2020,2 interested parties may request publication of the initiation notice and completed segment of a proceeding to make our decision regarding administrative review of the following where Commerce considered collapsing orders, findings, or suspended respondent selection within 21 days of that entity, complete quantity and value publication of the initiation Federal investigations, with anniversary dates in data for that collapsed entity must be February for the following periods: Register notice. Therefore, we submitted. encourage all parties interested in commenting on respondent selection to Deadline for Withdrawal of Request for 1 See Trade Preferences Extension Act of 2015, Administrative Review Public Law 114–27, 129 Stat. 362 (2015). submit their APO applications on the 2 Or the next business day, if the deadline falls date of publication of the initiation Pursuant to 19 CFR 351.213(d)(1), a on a weekend, federal holiday or any other day notice, or as soon thereafter as possible. party that requests a review may when Commerce is closed.
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Antidumping Duty Proceedings Brazil: Carbon and Alloy Steel Cut-to-Length Plate, A–351–847 ...... 2/1/19–1/31/20 France: Uranium, A–427–818 ...... 2/1/19–1/31/20 India: Certain Cut-To-Length Carbon-Quality Steel Plate, A–533–817 ...... 2/1/19–1/31/20 Certain Preserved Mushrooms, A–533–813 ...... 2/1/19–1/31/20 Frozen Warmwater Shrimp, A–533–840 ...... 2/1/19–1/31/20 Stainless Steel Bar, A–533–810 ...... 2/1/19–1/31/20 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate, A–560–805 ...... 2/1/19–1/31/20 Certain Preserved Mushrooms, A–560–802 ...... 2/1/19–1/31/20 Italy: Stainless Steel Butt-Weld Pipe Fittings, A–475–828 ...... 2/1/19–1/31/20 Japan: Carbon Steel Butt-Weld Pipe Fittings, A–588–602 ...... 2/1/19–1/31/20 Stainless Steel Bar, A–588–833 ...... 2/1/19–1/31/20 Malaysia: Stainless Steel Butt-Weld Pipe Fittings, A–557–809 ...... 2/1/19–1/31/20 Mexico: Large Residential Washers, A–201–842 ...... 2/1/19–1/31/20 Philippines: Stainless Steel Butt-Weld Pipe Fittings, A–565–801 ...... 2/1/19–1/31/20 Republic of Korea: Certain Cut-To-Length Carbon-Quality Steel Plate, A–580–836 ...... 2/1/19–1/31/20 Socialist Republic of Vietnam: Frozen Warmwater Shrimp, A–552–802 ...... 2/1/19–1/31/20 Steel Wire Garment Hangers, A–552–812 ...... 2/1/19–1/31/20 Utility Scale Wind Towers, A–552–814 ...... 2/1/19–1/31/20 South Africa: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–791–822 ...... 2/1/19–1/31/20 Taiwan: Crystalline Silicon Photovoltaic Products, A–583–853 ...... 2/1/19–1/31/20 Thailand: Frozen Warmwater Shrimp, A–549–822 ...... 2/1/19–1/31/20 The People’s Republic of China: Certain Preserved Mushrooms, A–570–851 ...... 2/1/19–1/31/20 Common Alloy Aluminum Sheet, A–570–073 ...... 6/22/18–1/31/20 Crystalline Silicon Photovoltaic, A–570–010 ...... 2/1/19–1/31/20 Frozen Warmwater Shrimp, A–570–893 ...... 2/1/19–1/31/20 Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, A–570–803 ...... 2/1/19–1/31/20 Large Residential Washers, A–570–033 ...... 2/1/19–1/31/20 Rubber Bands, A–570–069 ...... 9/6/2018–1/31/20 Small Diameter Graphite Electrodes, A–570–929 ...... 2/1/19–1/31/20 Truck and Bus Tires, A–570–040 ...... 2/15/19–1/31/20 Uncovered Innerspring Units, A–570–928 ...... 2/1/19–1/31/20 Utility Scale Wind Towers, A–570–981 ...... 2/1/19–1/31/20 Turkey: Certain Carbon and Alloy Steel Cut-To-Length Plate, A–489–828 ...... 2/1/19–1/31/20 Countervailing Duty Proceedings India: Certain Cut-To-Length Carbon-Quality Steel Plate, C–533–818 ...... 1/1/19–12/31/19 Prestressed Concrete Steel Wire Strand, C–533–829 ...... 1/1/19–12/31/19 Cold-Drawn Mechanical Tubing, C–533–874 ...... 1/1/19–12/31/19 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate, C–560–806 ...... 1/1/19–12/31/19 Republic of Korea: Certain Cut-To-Length Carbon-Quality Steel Plate, C–580–837 ...... 1/1/19–12/31/19 Socialist Republic Of Vietnam: Steel Wire Garment Hangers, C–552–813 ...... 1/1/19–12/31/19 The People’s Republic of China: Cold-Drawn Mechanical Tubing, C–570–059 ...... 1/1/19–12/31/19 Common Alloy Aluminum Sheet, C–570–074 ...... 4/23/18–12/31/19 Crystalline Silicon Photovoltaic Products, C–570–011 ...... 1/1/19–12/31/19 Rubber Bands, C–570–070 ...... 7/9/18–12/31/19 Truck and Bus Tires, C–570–041 ...... 2/15/19–12/31/19 Utility Scale Wind Towers, C–570–982 ...... 1/1/19–12/31/19 Suspension Agreements None.
In accordance with 19 CFR described in section 771(9)(B) of the Act which exporter(s) the request is 351.213(b), an interested party as must state why it desires the Secretary intended to cover. defined by section 771(9) of the Act may to review those particular producers or Note that, for any party Commerce request in writing that the Secretary exporters. If the interested party intends was unable to locate in prior segments, conduct an administrative review. For for the Secretary to review sales of Commerce will not accept a request for both antidumping and countervailing merchandise by an exporter (or a an administrative review of that party duty reviews, the interested party must producer if that producer also exports absent new information as to the party’s specify the individual producers or merchandise from other suppliers) location. Moreover, if the interested exporters covered by an antidumping which was produced in more than one party who files a request for review is finding or an antidumping or country of origin and each country of unable to locate the producer or countervailing duty order or suspension origin is subject to a separate order, then exporter for which it requested the agreement for which it is requesting a the interested party must state review, the interested party must review. In addition, a domestic specifically, on an order-by-order basis, provide an explanation of the attempts interested party or an interested party it made to locate the producer or
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exporter at the same time it files its Countervailing Duty Centralized SUMMARY: In accordance with the Tariff request for review, in order for the Electronic Service System (ACCESS) on Act of 1930, as amended (the Act), the Secretary to determine if the interested Enforcement and Compliance’s ACCESS Department of Commerce (Commerce) is party’s attempts were reasonable, website at http://access.trade.gov.6 automatically initiating the five-year pursuant to 19 CFR 351.303(f)(3)(ii). Further, in accordance with 19 CFR reviews (Sunset Reviews) of the As explained in Antidumping and 351.303(f)(l)(i), a copy of each request antidumping and countervailing duty Countervailing Duty Proceedings: must be served on the petitioner and (AD/CVD) order(s) listed below. The Assessment of Antidumping Duties, 68 each exporter or producer specified in International Trade Commission (the FR 23954 (May 6, 2003), and Non- the request. ITC) is publishing concurrently with Commerce will publish in the Federal Market Economy Antidumping this notice its notice of Institution of Proceedings: Assessment of Register a notice of ‘‘Initiation of Five-Year Reviews which covers the Antidumping Duties, 76 FR 65694 Administrative Review of Antidumping same order(s). (October 24, 2011), Commerce clarified or Countervailing Duty Order, Finding, its practice with respect to the or Suspended Investigation’’ for DATES: Applicable (February 1, 2020). collection of final antidumping duties requests received by the last day of FOR FURTHER INFORMATION CONTACT: on imports of merchandise where February 2020. If Commerce does not intermediate firms are involved. The receive, by the last day of February Commerce official identified in the public should be aware of this 2020, a request for review of entries Initiation of Review section below at clarification in determining whether to covered by an order, finding, or AD/CVD Operations, Enforcement and request an administrative review of suspended investigation listed in this Compliance, International Trade merchandise subject to antidumping notice and for the period identified Administration, U.S. Department of findings and orders.3 above, Commerce will instruct CBP to Commerce, 1401 Constitution Avenue Commerce no longer considers the assess antidumping or countervailing NW, Washington, DC 20230. For non-market economy (NME) entity as an duties on those entries at a rate equal to information from the ITC, contact Mary exporter conditionally subject to an the cash deposit of estimated Messer, Office of Investigations, U.S. antidumping duty administrative antidumping or countervailing duties International Trade Commission at (202) reviews.4 Accordingly, the NME entity required on those entries at the time of 205–3193. will not be under review unless entry, or withdrawal from warehouse, SUPPLEMENTARY INFORMATION: Commerce specifically receives a for consumption and to continue to request for, or self-initiates, a review of collect the cash deposit previously Background the NME entity.5 In administrative ordered. reviews of antidumping duty orders on For the first administrative review of Commerce’s procedures for the merchandise from NME countries where any order, there will be no assessment conduct of Sunset Reviews are set forth a review of the NME entity has not been of antidumping or countervailing duties in its Procedures for Conducting Five- initiated, but where an individual on entries of subject merchandise Year (Sunset) Reviews of Antidumping exporter for which a review was entered, or withdrawn from warehouse, and Countervailing Duty Orders, 63 FR initiated does not qualify for a separate for consumption during the relevant 13516 (March 20, 1998) and 70 FR provisional-measures ‘‘gap’’ period of rate, Commerce will issue a final 62061 (October 28, 2005). Guidance on the order, if such a gap period is decision indicating that the company in methodological or analytical issues question is part of the NME entity. applicable to the period of review. This notice is not required by statute relevant to Commerce’s conduct of However, in that situation, because no but is published as a service to the Sunset Reviews is set forth in review of the NME entity was international trading community. Antidumping Proceedings: Calculation conducted, the NME entity’s entries of the Weighted-Average Dumping Dated: January 27, 2020. were not subject to the review and the Margin and Assessment Rate in Certain James Maeder, rate for the NME entity is not subject to Antidumping Duty Proceedings; Final change as a result of that review Deputy Assistant Secretary for Antidumping Modification, 77 FR 8101 (February 14, (although the rate for the individual and Countervailing Duty Operations. 2012). exporter may change as a function of the [FR Doc. 2020–01977 Filed 1–31–20; 8:45 am] finding that the exporter is part of the BILLING CODE 3510–DS–P Initiation of Review NME entity). Following initiation of an antidumping administrative review In accordance with section 751(c) of when there is no review requested of the DEPARTMENT OF COMMERCE the Act and 19 CFR 351.218(c), we are NME entity, Commerce will instruct initiating the Sunset Reviews of the CBP to liquidate entries for all exporters International Trade Administration following antidumping and not named in the initiation notice, Initiation of Five-Year (Sunset) countervailing duty order(s): including those that were suspended at Reviews the NME entity rate. All requests must be filed AGENCY: Enforcement and Compliance, electronically in Enforcement and International Trade Administration, Compliance’s Antidumping and Department of Commerce.
3 See also the Enforcement and Compliance Entity in NME Antidumping Duty Proceedings, 78 the extent possible, include the names of such website at http://trade.gov/enforcement/. FR 65963 (November 4, 2013). exporters in their request. 4 See Antidumping Proceedings: Announcement 5 In accordance with 19 CFR 351.213(b)(1), parties 6 See Antidumping and Countervailing Duty of Change in Department Practice for Respondent should specify that they are requesting a review of Proceedings: Electronic Filing Procedures; Selection in Antidumping Duty Proceedings and entries from exporters comprising the entity, and to Administrative Protective Order Procedures, 76 FR Conditional Review of the Nonmarket Economy 39263 (July 6, 2011).
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DOC ITC Commerce case No. case No. Country Product contact
A–570–941 ...... 731–TA–1154 China ...... Kitchen Appliance Shelving and Racks (2nd Review) ...... Matthew Renkey, (202) 482– 2312. C–570–942 ...... 701–TA–458 China ...... Kitchen Appliance Shelving and Racks (2nd Review) ...... Matthew Renkey, (202) 482– 2312.
Filing Information factual information in a segment (such from at least one domestic interested As a courtesy, we are making as 19 CFR 351.218), these time limits party by the 15-day deadline, Commerce information related to sunset will continue to be applied. Parties are will automatically revoke the order 6 proceedings, including copies of the also advised to review the final rule without further review. pertinent statute and Commerce’s concerning the extension of time limits If we receive an order-specific notice regulations, Commerce’s schedule for for submissions in AD/CVD of intent to participate from a domestic Sunset Reviews, a listing of past proceedings, available at https:// interested party, Commerce’s revocations and continuations, and enforcement.trade.gov/frn/2013/ regulations provide that all parties current service lists, available to the 1309frn/2013-22853.txt, prior to wishing to participate in a Sunset public on Commerce’s website at the submitting factual information in these Review must file complete substantive following address: https:// segments.5 responses not later than 30 days after the date of publication in the Federal enforcement.trade.gov/sunset/. All Letters of Appearance and Register of this notice of initiation. The submissions in these Sunset Reviews Administrative Protective Orders must be filed in accordance with required contents of a substantive Commerce’s regulations regarding Pursuant to 19 CFR 351.103(d), response, on an order-specific basis, are format, translation, and service of Commerce will maintain and make set forth at 19 CFR 351.218(d)(3). Note documents. These rules, including available a public service list for these that certain information requirements electronic filing requirements via proceedings. Parties wishing to differ for respondent and domestic Enforcement and Compliance’s participate in any of these five-year parties. Also, note that Commerce’s Antidumping and Countervailing Duty reviews must file letters of appearance information requirements are distinct Centralized Electronic Service System as discussed at 19 CFR 351.103(d)). To from the ITC ’s information (ACCESS), can be found at 19 CFR facilitate the timely preparation of the requirements. Consult Commerce’s 351.303.1 public service list, it is requested that regulations for information regarding Any party submitting factual those seeking recognition as interested Commerce’s conduct of Sunset Reviews. information in an AD/CVD proceeding parties to a proceeding submit an entry Consult Commerce’s regulations at 19 must certify to the accuracy and of appearance within 10 days of the CFR part 351 for definitions of terms completeness of that information.2 publication of the Notice of Initiation. and for other general information Parties must use the certification Because deadlines in Sunset Reviews concerning antidumping and formats provided in 19 CFR 351.303(g).3 can be very short, we urge interested countervailing duty proceedings at Commerce intends to reject factual parties who want access to proprietary Commerce. submissions if the submitting party does information under administrative This notice of initiation is being not comply with applicable revised protective order (APO) to file an APO published in accordance with section certification requirements. application immediately following 751(c) of the Act and 19 CFR 351.218(c). publication in the Federal Register of On April 10, 2013, Commerce Dated: January 27, 2020. this notice of initiation. Commerce’s modified two regulations related to AD/ James Maeder, CVD proceedings: The definition of regulations on submission of proprietary information and eligibility to receive Deputy Assistant Secretary for Antidumping factual information (19 CFR and Countervailing Duty Operations. 351.102(b)(21)), and the time limits for access to business proprietary [FR Doc. 2020–01978 Filed 1–31–20; 8:45 am] the submission of factual information information under APO can be found at (19 CFR 351.301).4 Parties are advised to 19 CFR 351.304–306. BILLING CODE 3510–DS–P review the final rule, available at Information Required From Interested https://enforcement.trade.gov/frn/2013/ Parties DEPARTMENT OF COMMERCE 1304frn/2013–08227.txt, prior to Domestic interested parties, as submitting factual information in these International Trade Administration segments. To the extent that other defined in section 771(9)(C), (D), (E), (F), regulations govern the submission of and (G) of the Act and 19 CFR Antidumping or Countervailing Duty 351.102(b), wishing to participate in a Order, Finding, or Suspended 1 See also Antidumping and Countervailing Duty Sunset Review must respond not later Investigation; Advance Notification of Proceedings: Electronic Filing Procedures; than 15 days after the date of Sunset Review Administrative Protective Order Procedures, 76 FR publication in the Federal Register of 39263 (July 6, 2011). this notice of initiation by filing a notice AGENCY: Enforcement and Compliance, 2 See section 782(b) of the Act. of intent to participate. The required International Trade Administration, 3 See also Certification of Factual Information to Import Administration During Antidumping and contents of the notice of intent to Department of Commerce. Countervailing Duty Proceedings, 78 FR 42678 (July participate are set forth at 19 CFR Background 17, 2013) (Final Rule). Answers to frequently asked 351.218(d)(1)(ii). In accordance with questions regarding the Final Rule are available at Every five years, pursuant to the Tariff _ Commerce’s regulations, if we do not https://enforcement.trade.gov/tlei/notices/factual Act of 1930, as amended (the Act), the info_final_rule_FAQ_07172013.pdf. receive a notice of intent to participate 4 See Definition of Factual Information and Time Department of Commerce (Commerce) Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790 Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013). 6 See 19 CFR 351.218(d)(1)(iii).
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and the International Trade Commission recurrence of dumping or a scheduled for initiation in March 2020 automatically initiate and conduct countervailable subsidy (as the case may and will appear in that month’s Notice reviews to determine whether be) and of material injury. of Initiation of Five-Year Sunset Reviews revocation of a countervailing or Upcoming Sunset Reviews for March (Sunset Review). antidumping duty order or termination 2020 of an investigation suspended under section 704 or 734 of the Act would be Pursuant to section 751(c) of the Act, likely to lead to continuation or the following Sunset Reviews are
Department contact
Antidumping Duty Proceedings Prestressed Concrete Steel Wire Strand from Brazil (A–351–837) (3rd Review) ...... Mary Kolberg (202) 482–1785. Tetrahydrofurfuryl Alcohol from China (A–570–887) (3rd Review) ...... Mary Kolberg (202) 482–1785. Commodity Matchbooks from India (A–533–848) (2nd Review) ...... Mary Kolberg (202) 482–1785. Prestressed Concrete Steel Wire Strand from India (A–533–828) (3rd Review) ...... Mary Kolberg (202) 482–1785. Prestressed Concrete Steel Wire Strand from Japan (A–588–068) (5th Review) ...... Mary Kolberg (202) 482–1785. Prestressed Concrete Steel Wire Strand from Mexico (A–201–831) (3rd Review) ...... Mary Kolberg (202) 482–1785. Prestressed Concrete Steel Wire Strand from Republic of Korea (A–580–852) (3rd Review) ...... Mary Kolberg (202) 482–1785. Prestressed Concrete Steel Wire Strand from Thailand (A–549–820) (3rd Review) ...... Mary Kolberg (202) 482–1785. Countervailing Duty Proceedings Commodity Matchbooks from India (C–533–849) (2nd Review) ...... Jacqueline Arrowsmith (202) 482–5255. Prestressed Concrete Steel Wire Strand from India (C–533–829) (3rd Review) ...... Mary Kolberg (202) 482–1785.
Suspended Investigations DEPARTMENT OF COMMERCE San Juan, Puerto Rico 00918–1903, telephone: (787) 766–5926. No Sunset Review of suspended National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The investigations is scheduled for initiation Administration original notice published in the Federal in March 2020. Register on January 27, 2020 (85 FR Commerce’s procedures for the RIN 0648–XA021 4641). This notice adds EST to the times conduct of Sunset Review are set forth Caribbean Fishery Management of the meeting and includes a few in 19 CFR 351.218. The Notice of additions to the agenda. Initiation of Five-Year (Sunset) Review Council; Public Meeting; Correction February 19, 2020, 9 a.m.–11 a.m. EST provides further information regarding AGENCY: National Marine Fisheries what is required of all parties to Service (NMFS), National Oceanic and Æ Call to Order Æ participate in Sunset Review. Atmospheric Administration (NOAA), Adoption of Agenda Æ Pursuant to 19 CFR 351.103(c), Commerce. Introduction of Ecosystem-Based Fishery Management Technical Commerce will maintain and make ACTION: Notice of an addendum to a Advisory Panel (EBMF TAP) Members available a service list for these public webinar. and Staff proceedings. To facilitate the timely Æ SUMMARY: The Caribbean Fishery Purpose and Goals of EBFM TAP preparation of the service list(s), it is Æ requested that those seeking recognition Management Council’s (Council) Review of Caribbean EBFM as interested parties to a proceeding Ecosystem-Based Fishery Management Development Progress to Date contact Commerce in writing within 10 Technical Advisory Panel (EBFM TAP) a. Conceptual Models Status and Next days of the publication of the Notice of will hold a two- hours webinar meeting Steps b. Risk Assessment/Ecosystem Status Initiation. to address the items contained in the SUPPLEMENTARY Report/Other Plan Components Please note that if Commerce receives agenda included in the Æ INFORMATION. Discussion on the Development of an a Notice of Intent to Participate from a Outline for the Fishery Ecosystem DATES: member of the domestic industry within The webinar meeting will be Plan 15 days of the date of initiation, the held on February 19, 2020, from 9 a.m. Æ Planning for In-Person Meeting review will continue. to 11 a.m. EST. Ahead of April Caribbean Council Thereafter, any interested party ADDRESSES: The webinar meeting will Meeting wishing to participate in the Sunset be held through GoToMeeting. You can Æ Other Business Review must provide substantive join the meeting from your computer, The order of business may be adjusted comments in response to the notice of tablet or smartphone at https:// as necessary to accommodate the initiation no later than 30 days after the global.gotomeeting.com/join/ completion of agenda items. The date of initiation. 771316093. You can also dial in using meeting will begin on February 19, your phone. United States: +1 (571) 2020, at 9 a.m. EST. This notice is not required by statute 317–3122 Access Code: 771–316–093. If but is published as a service to the joining from a video-conferencing room Special Accommodations international trading community. or system, depending on your device, For more information on this webinar, Dated: January 27, 2020. dial in or type: [email protected] please contact Mr. Miguel A. Rolo´n, James Maeder, or 67.217.95.2##771316093. Executive Director, Caribbean Fishery Deputy Assistant Secretary for Antidumping FOR FURTHER INFORMATION CONTACT: Management Council, 270 Mun˜ oz and Countervailing Duty Operations. Miguel Rolo´n, Executive Director, Rivera Avenue, Suite 401, San Juan, [FR Doc. 2020–01976 Filed 1–31–20; 8:45 am] Caribbean Fishery Management Council, Puerto Rico, 00918–1903, telephone: BILLING CODE 3510–DS–P 270 Mun˜ oz Rivera Avenue, Suite 401, (787) 766–5926.
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Authority: 16 U.S.C. 1801 et seq. changes to seabird avoidance form is due to NMFS prior to the Dated: January 29, 2020. regulations are expected to follow the submission of a permit application for Tracey L. Thompson, standard Council process. renewal or transfer. Compliance with this reporting requirement is required Acting Deputy Director, Office of Sustainable Special Accommodations Fisheries, National Marine Fisheries Service. for permit issuance and renewal. The This workshop will be physically regulations requiring the Gulf Shrimp [FR Doc. 2020–01936 Filed 1–31–20; 8:45 am] accessible to people with disabilities. Vessel and Gear Characterization Form BILLING CODE 3510–22–P Requests for sign language may be found at 50 CFR 622.51(a)(3). interpretation or other auxiliary aids Through this form, NMFS collects DEPARTMENT OF COMMERCE should be directed to Joseph Krieger, census-level information on fishing 907–586–7650, at least 5 working days vessel and gear characteristics in the National Oceanic and Atmospheric prior to the meeting date. Gulf shrimp fishery to conduct analyses Administration Dated: January 29, 2020. that will improve management decision- Jennifer M. Wallace, making in this fishery. In addition, these [RTID 0648–XY069] analyses ensure that national goals, Acting Director, Office of Sustainable Fisheries of the Exclusive Economic Fisheries, National Marine Fisheries Service. objectives, and requirements of the Magnuson-Stevens Act, National Zone Off Alaska; Alaska Groundfish [FR Doc. 2020–02012 Filed 1–31–20; 8:45 am] Environmental Policy Act, Regulatory and Halibut Seabird Working Group; BILLING CODE 3510–22–P Public Meeting Flexibility Act, Endangered Species Act, and Executive Order 12866 are met; and AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE quantify achievement of the Service (NMFS), National Oceanic and performance measures in the NMFS’ Atmospheric Administration (NOAA), National Oceanic and Atmospheric Operating Plans. This information is Commerce. Administration vital in assessing the economic, social, ACTION: Notice of public meeting. and environmental effects of fishery Submission for OMB Review; management decisions and regulations SUMMARY: NMFS Alaska Groundfish and Comment Request on individual shrimp fishing Halibut Seabird Working Group will enterprises, fishing communities, and The Department of Commerce will meet to discuss vessel-specific seabird the nation as a whole. bycatch mortality, electronic monitoring submit to the Office of Management and Affected Public: Businesses or other seabird species identification work, and Budget (OMB) for clearance the for-profit organizations, and individuals an update on new studies examining following proposal for collection of or households. seabird bycatch in the trawl fisheries. information under the provisions of the Frequency: Annually. DATES: The meeting will be held on Paperwork Reduction Act (44 U.S.C. Respondent’s Obligation: Mandatory. March 11, 2020, from 1 p.m. to 5 p.m., Chapter 35). This information collection request and on March 12, 2020, from 9 a.m. to Agency: National Oceanic and may be viewed at reginfo.gov. Follow 4 p.m., Alaska Daylight Time. Atmospheric Administration (NOAA). the instructions to view Department of Title: Southeast Region Gulf of ADDRESSES: The meeting will be held at Commerce collections currently under Mexico Mandatory Shrimp Vessel and review by OMB. the NMFS Alaska Regional Office Gear Characterization Survey. located at 709 W 9th St., Room 445C, Written comments and OMB Control Number: 0648–0542. recommendations for the proposed Juneau, AK. Photo identification is Form Number(s): None. required to enter this facility. information collection should be sent Type of Request: Regular (extension of within 30 days of this notice publication FOR FURTHER INFORMATION CONTACT: a currently approved information by email to OIRA_Submission@ Joseph Krieger, 907–586–7650. collection). omb.eop.gov or by fax to (202) 395– SUPPLEMENTARY INFORMATION: The Number of Respondents: 1,410. 5806. Alaska Groundfish and Halibut Seabird Average Time Per Response: 30 Working Group formed as a result of the minutes. Sheleen Dumas, 2015 biological opinion on effects of the Burden Hours: 705. Department PRA Clearance Officer, Office of Gulf of Alaska and Bering Sea/Aleutian Needs and Uses: The Magnuson- the Chief Information Officer, Commerce Islands groundfish fisheries on short- Stevens Fishery Conservation and Department. tailed albatross. The working group is Management Act authorizes the Gulf of [FR Doc. 2020–01938 Filed 1–31–20; 8:45 am] tasked with reviewing information for Mexico Fishery Management Council BILLING CODE 3510–22–P mitigating effects of the groundfish (Council) to prepare and amend fishery fisheries on short-tailed albatross and management plans for any fishery in other seabirds. The workgroup will hold waters under its jurisdiction. The DEPARTMENT OF DEFENSE an in-person meeting in Juneau, Alaska National Marine Fisheries Service on March 11 and 12, 2020. Meeting (NMFS) manages the commercial Department of the Air Force topics include vessel-specific seabird shrimp fishery in Federal waters of the bycatch mortality and proposed work on Gulf of Mexico (Gulf) under the Fishery Notice of Federal Advisory Committee vessel-specific seabird bycatch Management Plan for the Shrimp Meeting reduction; electronic monitoring seabird Fishery of the Gulf. AGENCY: Board of Visitors of the U.S. Air species identification work; and an Owners or operators of vessels Force Academy, Department of the Air update on new studies examining applying for or renewing a commercial Force, DoD. seabird bycatch in the trawl fisheries. vessel permit for the Gulf shrimp fishery ACTION: Notice of Federal Advisory NMFS will keep the Council apprised must complete an annual Gulf Shrimp Committee meeting. of the working group’s activities and Vessel and Gear Characterization Form. any resulting recommendations for NMFS provides the form to each permit SUMMARY: The Department of Defense methods to reduce seabird bycatch. Any holder in January each year, and the (DoD) is publishing this notice to
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announce that the following Federal asked to provide their name, title, Chairman will determine whether the Advisory Committee meeting of the affiliation, and contact information to subject matter of each comment is Board of Visitors (BoV) of the U.S. Air include email address and daytime relevant to the BoV’s mission and/or Force Academy (USAFA) will take telephone number to the point of topics to be addressed in this public place. contact (POC) listed in the FOR FURTHER meeting. A period near the end of the INFORMATION CONTACT section. Any DATES: Open to the public Wednesday, meeting (open session) will be available interested person may attend the open February 19, 2020 from 7:45 a.m. to 4 for verbal public comments. Members of session of the meeting, file written p.m. and 4:40 p.m. to 5 p.m. (Mountain the public who have requested to make comments or statements with the Time). Closed to the public from 4 p.m. a verbal comment and whose comments committee, or make verbal comments to 4:40 p.m. (Mountain Time). have been deemed relevant under the from the floor during the public process described in this paragraph, will ADDRESSES: United States Air Force meeting, at the times, and in the be allotted no more than five (5) Academy, Eisenhower Golf Course, manner, permitted by the BoV. minutes during this period, and will be Building 3170, Colorado Springs, CO Written Statements: Any member of invited to speak in the order in which 80840 the public wishing to provide input to their requests were received by the DFO. FOR FURTHER INFORMATION CONTACT: the board of Visitors in accordance with For the benefit of the public, rosters that Captain Jonathan W. Wood, (703) 695– to 41 CFR 102–3.105(j) and 102–3.140 list the names of BoV members and any 9030, [email protected] or and 10(a)(3) of the FACA, the public or releasable materials presented during Ms. Jean R. Love, (DFO), (703) 692– interested organizations may submit the BoV meeting shall be made available 7757, (703) 693–4244 (Facsimile), written comments or statements to the upon request. [email protected]. BoV about its mission and/or the topics to be addressed in the open sessions of Adriane Paris, SUPPLEMENTARY INFORMATION: This this public meeting. Written comments Acting Air Force Federal Register Liaison meeting is held under the provisions of or statements should be submitted to the Officer. the Federal Advisory Committee Act BoV Executive Secretary, Capt Jonathan [FR Doc. 2020–01923 Filed 1–31–20; 8:45 am] (FACA) of 1972 (5 U.S.C., Appendix, as Wood, via electronic mail, the preferred BILLING CODE 5001–10–P amended), the Government in the mode of submission, at the email Sunshine Act of 1976 (5 U.S.C. 552b, as address listed in the FOR FURTHER amended), and 41 CFR 102–3.140 and INFORMATION CONTACT section in the DEPARTMENT OF DEFENSE 102–3.150. following formats: Adobe Acrobat or Purpose of the Meeting: The purpose Microsoft Word. The comment or Department of the Army of the meeting is to review morale and statement must include the author’s Board of Visitors, United States discipline, social climate, athletics, name, title affiliation, address, and Military Academy (USMA BoV) diversity, curriculum and other matters daytime telephone number. Written relating to the U.S. Air Force Academy. comments or statements being AGENCY: Department of the Army, DoD. The meeting will address topics that submitted in response to the agenda set ACTION: Notice of committee meeting. include space force integration across forth in this notice must be received by the Academy, updates from the the BoV Executive Secretary at least five SUMMARY: Under the provisions of the Academy superintendent, commandant, (5) business days (February 10) prior to Federal Advisory Committee Act of Dean, Athletics department, and the the meeting so they may be made 1972, the Government in the Sunshine Institute for Future Conflict, Senior Air available to the BoV Chairman for Act of 1976, the Department of Defense Force Specialty Code matching and consideration prior to the meeting. announces that the following Federal Innovation Showcase. In accordance Written comments or statements advisory committee meeting will take with section 10(d) of the Federal received after this date (February 10) place. Advisory Committee Act, as amended, 5 may not be provided to the BoV until its DATES: The meeting will be held on U.S.C. Appendix and 41 CFR 102–3.155, next meeting. Please note that because the Administrative Assistant of the Air Wednesday, February 26, 2020, Time the BoV operates under the provisions 10:00 a.m.–1:00 p.m. Members of the Force, in consultation with the Air of the FACA, as amended, all written Force General Counsel, has agreed that public wishing to attend the meeting comments will be treated as public will be required to show a government the public interest requires the United documents and will be made available States Air Force Board of Visitors photo ID upon entering in order to gain for public inspection. access to the meeting location. All Meeting to have a session that is closed Verbal Comments: Members of the to the public because it will involve members of the public are subject to public will be permitted to make verbal security screening. discussions covered by 5 U.S.C. comments during the open session of 552b(c)(6). the meeting only at the time and in the ADDRESSES: The meeting will be held in Meeting Accessibility: For sessions manner allowed herein. If a member of Room 303 Cannon House Office open to the public, subject to the the public is interested in making a Building, New Jersey and Independence availability of space. Registration of verbal comment at the open session of Avenues SE, Washington, DC. members of the public who wish to the meeting, that individual must FOR FURTHER INFORMATION CONTACT: Mrs. attend the open sessions begins upon submit a request, with a brief statement Deadra K. Ghostlaw, the Designated publication of this meeting notice and of the subject matter to be addressed by Federal Officer for the committee, in ends three business days (February 12) the comment, at least three (3) business writing at: Secretary of the General Staff, prior to the start of the meeting. All days (February 13) in advance, via ATTN: Deadra K. Ghostlaw, 646 Swift members of the public must contact electronic mail, the preferred mode of Road, West Point, NY 10996; by email Capt Jonathan Wood at the phone submission, at the email address listed at: [email protected] or number or email listed below in the in the FOR FURTHER INFORMATION [email protected]; or by telephone at section titled FOR FURTHER INFORMATION CONTACT section. The BoV DFO will log (845) 938–4200. CONTACT. Seating is limited and is on a each request to make a comment, in the SUPPLEMENTARY INFORMATION: The first-to-arrive basis. Attendees will be order received, and the DFO and BoV committee meeting is being held under
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the provisions of the Federal Advisory Written Comments or Statements: DEPARTMENT OF DEFENSE Committee Act of 1972 (5 U.S.C., Pursuant to 41 CFR 102–3.105(j) and Appendix, as amended), the 102–3.140 and section 10(a)(3) of the Department of the Army; Corps of Government in the Sunshine Act of Federal Advisory Committee Act, the Engineers 1976 (5 U.S.C. 552b, as amended), and public or interested organizations may 41 CFR 102–3.150. The USMA BoV Board on Coastal Engineering submit written comments or statements Research provides independent advice and to the committee, in response to the recommendations to the President of the stated agenda of the open meeting or in AGENCY: Department of the Army, DoD. United States on matters related to regard to the committee’s mission in ACTION: Notice of Advisory Committee morale, discipline, curriculum, general. Written comments or meeting. instruction, physical equipment, fiscal statements should be submitted to Mrs. affairs, academic methods, and any SUMMARY: The Department of the Army other matters relating to the Academy Ghostlaw, the committee Designated is publishing this notice to announce that the Board decides to consider. Federal Officer, via electronic mail, the the following Federal advisory Purpose of the Meeting: This is the preferred mode of submission, at the committee meeting of the Board on 2020 Organizational Meeting of the address listed in the FOR FURTHER Coastal Engineering Research. This USMA BoV. Members of the Board will INFORMATION CONTACT section. Each page meeting is open to the public. be provided updates on Academy of the comment or statement must DATES: The Board on Coastal issues. Agenda: Introduction; Board include the author’s name, title or Engineering Research will meet from Business: Elect Chair and Vice Chair for affiliation, address, and daytime phone 8:00 a.m. to 12:30 p.m. on March 3, 2020, Swearing in of Presidential number. Written comments or 2020 and reconvene from 8:00 a.m. to Appointees, Vote to approve the ‘‘2020 statements should be submitted to Mrs. 4:00 p.m. on March 4, 2020. Rules of the US Military Academy Ghostlaw, the committee Designated ADDRESSES: All sessions will be held at Board of Visitors,’’ Approve of the Federal Officer, via electronic mail, the the Courtyard by Marriott Corvallis Minutes from November’s Meeting, re- preferred mode of submission, at the Hotel, 400 SW 1st Street. Corvallis, OR confirm Summer meeting date; address listed in the FOR FURTHER 97333. All sessions are open to the Superintendent’s Remarks; Academy INFORMATION CONTACT section. Written public. For more information about the Topics: Build Diverse & Effective comments or statements being Board, please visit https:// Winning Teams; Modernize, Sustain, submitted in response to the agenda set www.erdc.usace.army.mil/CHL/CERB/ and Secure; and Strengthen forth in this notice must be received by Partnerships; Upcoming Events; Closing FOR FURTHER INFORMATION CONTACT: Dr. the Designated Federal Official at least Comments. Julie Dean Rosati Designated Federal Public’s Accessibility to the Meeting: seven business days prior to the meeting Officer (DFO), U.S. Army Engineer Pursuant to 5 U.S.C. 552b and 41 CFR to be considered by the committee. The Research and Development Center, 102–3.140 through 102–3.165 and Designated Federal Official will review Coastal and Hydraulics Laboratory, 3909 subject to the availability of space, this all timely submitted written comments Halls Ferry Road, Vicksburg, MS 39180– meeting is open to the public. Seating is or statements with the committee 6199, phone (202) 761–1850, or on a first to arrive basis. Attendees are Chairperson and ensure the comments [email protected]. requested to submit their name, are provided to all members of the SUPPLEMENTARY INFORMATION: The affiliation, and daytime phone number committee before the meeting. Written meeting is being held under the seven business days prior to the meeting comments or statements received after provisions of the Federal Advisory to Mrs. Ghostlaw, via electronic mail, this date may not be provided to the Committee Act (FACA) of 1972 (5 the preferred mode of submission, at the committee until its next meeting. U.S.C., Appendix, as amended), the address listed in the FOR FURTHER Government in the Sunshine Act of Pursuant to 41 CFR 102–3.140d, the INFORMATION CONTACT section. Pursuant 1976 (5 U.S.C. 552b, as amended), and to 41 CFR 102–3.140d, the committee is committee is not obligated to allow a 41 CFR 102–3.150. The Board on not obligated to allow a member of the member of the public to speak or Coastal Engineering Research provides public to speak or otherwise address the otherwise address the committee during broad policy guidance and reviews committee during the meeting, and the meeting. However, the committee plans for the conduct of research and members of the public attending the Designated Federal Official and the development of research projects in committee meeting will not be Chairperson may choose to invite consonance with the needs of the permitted to present questions from the certain submitters to present their coastal engineering field and the floor or speak to any issue under comments verbally during the open objectives of the U.S. Army Chief of consideration by the committee. portion of this meeting or at a future Engineers. Because the committee meeting will be meeting. The Designated Federal Purpose of the Meeting: The meeting held in a Federal Government facility Officer, in consultation with the is an Executive Session to review past security screening is required. A committee Chairperson, may allot a action items, status reports, research government photo ID is required to specific amount of time for submitters to and development (R & D) strategic enter the building. The Cannon House present their comments verbally. directions, and coastal engineering Office Building is fully handicapped research in the United States. accessible. Wheelchair access is Brenda S. Bowen, Agenda: On Tuesday morning, March available at the intersection of C Street Army Federal Register Liaison Officer. 3, 2020, past/current action items will and First Street SE, Washington, DC. [FR Doc. 2020–01973 Filed 1–31–20; 8:45 am] be reviewed and discussed and there For additional information about BILLING CODE 5001–03–P will be an update on CERB Initiatives public access procedures, contact Mrs. and Priorities:* USCRP (including Ghostlaw, the committee’s Designated DUNEX), Sediment Transport Research Federal Officer, at the email address or Plan, Next-Generation Coastal telephone number listed in the FOR Engineering Guidance, and CWG FURTHER INFORMATION CONTACT section. Priorities & Activities.
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On Wednesday morning, March 4, affiliation, address, and daytime phone ACTION: Notice of Partially Closed 2020, the Board will reconvene to number. The DFO will review all Meeting. discuss comments from day one. submitted written comments or Presentations will be given on Pacific statements and provide them to SUMMARY: The U.S. Naval Academy Coast Processes & OSU Collaboration members of the Board for their Board of Visitors will meet to make such Opportunities; Priority USACE consideration. Written comments or inquiry, as the Board deems necessary, Problems in Pacific Northwest and statements being submitted in response into the state of morale and discipline, Research Needs Part 1 and 2; OSU to the agenda set forth in this notice the curriculum, instruction, physical coastal engineering programs, facilities, must be received by the DFO at least equipment, fiscal affairs, and academic and collaboration opportunities. After five business days prior to the meeting methods of the Naval Academy. lunch presentation will continue to be considered by the Board. The DFO starting with: CHL Strategy & Tech will review all timely submitted written DATES: The open session of the meeting Transfer Plans; Coastal R&D Strategy; comments or statements with the Board will be held on March 23, 2020, from 9 CERB priority Coastal Strategic Targets Chairperson and ensure the comments a.m. to 11 a.m. The executive session to address priority research; and are provided to all members of the held from 11 a.m. to noon (12 p.m.) will Capturing and Communicating benefits Board before the meeting. Written be the closed portion of the meeting. of R&D in Regional & Supplemental comments or statements received after ADDRESSES: Studies. The meeting will conclude this date may not be provided to the The meeting will be held at with a discussion plans for the 97th Board until its next meeting. Navy-Marine Corps Memorial Stadium CERB and public comment. Verbal Comments: Pursuant to 41 CFR in Annapolis, MD. The meeting will be Meeting Accessibility: Pursuant to 5 102–3.140d, the Board is not obligated handicap accessible. U.S.C. 552b, as amended, and 41 CFR to allow a member of the public to speak FOR FURTHER INFORMATION CONTACT: 102–3.140 through 102–3.165, and or otherwise address the Board during Commander Lawrence Heyworth IV, subject to the availability of space, the the meeting. Members of the public will USN, Executive Secretary to the Board meeting is open to the public. Because be permitted to make verbal comments of Visitors, Office of the Superintendent, seating capacity is limited, advance during the Board meeting only at the U.S. Naval Academy, Annapolis, MD registration is required. For registration time and in the manner described 21402–5000, 410–293–1503. requirements please see below. below. If a member of the public is Oral participation by the public is interested in making a verbal comment SUPPLEMENTARY INFORMATION: This scheduled for 3:00 p.m. on Wednesday, at the open meeting, that individual notice of meeting is provided per the March 4, 2020. The Courtyard by must submit a request, with a brief Federal Advisory Committee Act, as Marriott Corvallis Hotel is fully statement of the subject matter to be amended (5 U.S.C. App.). The executive handicap accessible. For additional addressed by the comment, at least five session of the meeting from 11:00 a.m. information about public access business days in advance to the Board’s to 12:00 p.m. on March 23, 2020, will procedures, please contact Dr. Julie DFO, via electronic mail, the preferred consist of discussions of new and Dean Rosati, the Board’s DFO, at the mode of submission, at the address pending administrative or minor email address or telephone number listed in the FOR FURTHER INFORMATION disciplinary infractions and non-judicial listed in the FOR FURTHER INFORMATION CONTACT section. The DFO will log each punishments involving midshipmen CONTACT section. request, in the order received, and in attending the Naval Academy to include Registration: It is encouraged for consultation with the Board Chair, but not limited to, individual honor or individuals who wish to attend the determine whether the subject matter of conduct violations within the Brigade, meeting of the Board to register with the each comment is relevant to the Board’s the disclosure of which would DFO by email, the preferred method of mission and/or the topics to be constitute a clearly unwarranted contact, no later than March 1, 2020, addressed in this public meeting. A 30- invasion of personal privacy. For this using the electronic mail contact minute period near the end of the reason, the executive session of this information found in the FOR FURTHER meeting will be available for verbal meeting will be closed to the public, as INFORMATION CONTACT section. The public comments. Members of the the discussion of such information communication should include the public who have requested to make a cannot be adequately segregated from registrant’s full name, title, affiliation or verbal comment, and whose comments other topics, which precludes opening employer, email address, and daytime have been deemed relevant under the the executive session of this meeting to phone number. If applicable, include process described above, will be allotted the public. Accordingly, the Department written comments or statements with no more than five minutes during this of the Navy/Assistant for the registration email. period, and will be invited to speak in Written Comments and Statements: Administration has determined in the order in which their requests were writing that the meeting shall be Pursuant to 41 CFR 102–3.015(j) and received by the DFO. 102–3.140 and section 10(a)(3) of the partially closed to the public because FACA, the public or interested Brenda S. Bowen, the discussions during the executive organizations may submit written Army Federal Register Liaison Officer. session from 11 a.m. to noon (12 p.m.) comments or statements to the Board, in [FR Doc. 2020–01972 Filed 1–31–20; 8:45 am] will be concerned with matters protected under sections 552b(c) (5), (6), response to the stated agenda of the BILLING CODE 3720–58–P open meeting or in regard to the Board’s and (7) of title 5, United States Code. mission in general. Written comments Authority: 5 U.S.C. 552b or statements should be submitted to Dr. DEPARTMENT OF DEFENSE Dated: January 29, 2020. Julie Dean Rosati, DFO, via electronic mail, the preferred mode of submission, Department of the Navy D. J. Antenucci, at the address listed in the FOR FURTHER Commander, Judge Advocate General’s Corps, Meeting of the U.S. Naval Academy U. S. Navy, Federal Register Liaison Officer. INFORMATION CONTACT section. Each page Board of Visitors of the comment or statement must [FR Doc. 2020–01987 Filed 1–31–20; 8:45 am] include the author’s name, title or AGENCY: Department of the Navy, DoD. BILLING CODE 3810–FF–P
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DEPARTMENT OF EDUCATION collection requirements and minimize in November 2019 (OMB# 1850–0598 the public’s reporting burden. It also v.27). This request is to conduct NTPS [Docket No.: ED–2019–ICCD–0148] helps the public understand the 2020–21, including all of its recruitment Agency Information Collection Department’s information collection and data collection activities. Activities; Submission to the Office of requirements and provide the requested Dated: January 28, 2020. data in the desired format. ED is Management and Budget for Review Stephanie Valentine, and Approval; Comment Request; soliciting comments on the proposed information collection request (ICR) that PRA Coordinator, Strategic Collections and National Teacher and Principal Survey Clearance, Governance and Strategy Division, of 2020–2021 (NTPS 2020–21) is described below. The Department of Office of the Chief Data Officer, Office of Education is especially interested in Planning, Evaluation and Policy AGENCY: National Center for Education public comment addressing the Development. Statistics (NCES), Department of following issues: (1) Is this collection [FR Doc. 2020–01895 Filed 1–31–20; 8:45 am] Education (ED). necessary to the proper functions of the BILLING CODE 4000–01–P ACTION: Notice. Department; (2) will this information be processed and used in a timely manner; SUMMARY: In accordance with the (3) is the estimate of burden accurate; DEPARTMENT OF ENERGY Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance proposing a revision of an existing the quality, utility, and clarity of the Hydrogen and Fuel Cell Technical information collection. information to be collected; and (5) how Advisory Committee DATES: Interested persons are invited to might the Department minimize the submit comments on or before March 4, burden of this collection on the AGENCY: Office of Energy Efficiency and 2020. respondents, including through the use Renewable Energy, Department of ADDRESSES: To access and review all the of information technology. Please note Energy. documents related to the information that written comments received in ACTION: Notice of open meeting. collection listed in this notice, please response to this notice will be use http://www.regulations.gov by considered public records. SUMMARY: This notice announces an searching the Docket ID number ED– Title of Collection: National Teacher open meeting of the Hydrogen and Fuel 2019–ICCD–0148. Comments submitted and Principal Survey of 2020–2021 Cell Technical Advisory Committee in response to this notice should be (NTPS 2020–21). (HTAC). The Federal Advisory submitted electronically through the OMB Control Number: 1850–0598. Committee Act requires notice of the Federal eRulemaking Portal at http:// Type of Review: A revision of an meeting be announced in the Federal www.regulations.gov by selecting the existing information collection. Register. Respondents/Affected Public: Docket ID number or via postal mail, Individuals or Households Total DATES: commercial delivery, or hand delivery. Estimated Number of Annual Monday, March 9, 2020; 1p.m.–5:45 If the regulations.gov site is not Responses: 103,326. p.m. available to the public for any reason, Total Estimated Number of Annual Tuesday, March 10, 2020; 8 a.m.–10:15 ED will temporarily accept comments at Burden Hours: 52,585. a.m. [email protected]. Please include the Abstract: The National Teacher and ADDRESSES: North Building Conference docket ID number and the title of the Principal Survey (NTPS), conducted Center, 955 L’Enfant Plaza SW—Lobby information collection request when every two or three years by the National Level, Washington, DC 20024. requesting documents or submitting Center for Education Statistics (NCES), FOR FURTHER INFORMATION CONTACT: comments. Please note that comments is a system of related questionnaires that Shawna McQueen, Designated Federal submitted by fax or email and those provides descriptive data on the context Officer, U.S. Department of Energy, submitted after the comment period will of elementary and secondary education. Office of Energy Efficiency and not be accepted. Written requests for Redesigned from the Schools and Renewable Energy, 1000 Independence information or comments submitted by Staffing Survey (SASS) with a focus on Avenue SW, EE–3F, Washington, DC postal mail or delivery should be flexibility, timeliness, and integration 20585; Email: [email protected]. addressed to the Director of the Strategic with other ED data, the NTPS system SUPPLEMENTARY INFORMATION: Collections and Clearance Governance allows for school, principal, and teacher Purpose of the Committee: The and Strategy Division, U.S. Department characteristics to be analyzed in relation Hydrogen and Fuel Cell Technical of Education, 400 Maryland Ave. SW, to one another. NTPS is an in-depth, Advisory Committee (HTAC) was LBJ, Room 6W–208B, Washington, DC nationally representative survey of first established under section 807 of the 20202–4537. through twelfth grade public and private Energy Policy Act of 2005 (EPACT), FOR FURTHER INFORMATION CONTACT: For school teachers, principals, and schools. Pub. L. 109–58; 119 Stat. 849, to provide specific questions related to collection Kindergarten teachers in schools with at advice and recommendations to the activities, please contact Kashka least a first grade are also surveyed. Secretary of Energy on the program Kubzdela, 202–245–7377 or email NTPS utilizes core content and a series authorized by Title VIII of EPACT. [email protected]. of rotating modules to allow timely Tentative Agenda: (updates will be SUPPLEMENTARY INFORMATION: The collection of important education trends posted on the web at): https:// Department of Education (ED), in as well as trend analysis. Topics www.hydrogen.energy.gov/htac_ accordance with the Paperwork covered include characteristics of meetings.html. Reduction Act of 1995 (PRA) (44 U.S.C. teachers, principals, schools, teacher 3506(c)(2)(A)), provides the general training opportunities, retention, HTAC Business (Including Public public and Federal agencies with an retirement, hiring, and shortages. The Comment Period) opportunity to comment on proposed, NTPS 2019–20 preliminary activities • DOE Leadership Updates revised, and continuing collections of were approved in July 2019 (OMB# • Program and Budget Updates information. This helps the Department 1850–0598 v.26), with a change request • Updates from Federal/State assess the impact of its information to update the sampling plan approved Governments and Industry
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• HTAC Subcommittee Updates Description: § 4(d) Rate Filing: SUMMARY: In compliance with the • Open Discussion Period Negotiated Retainage Updates Effective requirements of the Paperwork Public Participation: The meeting is 2–1–2020 to be effective 2/1/2020. Reduction Act of 1995 (PRA), the Filed Date: 1/24/20. open to the public. Individuals who Federal Energy Regulatory Commission Accession Number: 20200124–5001. (Commission or FERC) is soliciting would like to attend and/or to make oral Comments Due: 5 p.m. ET 2/5/20. statements during the public comment public comment on the currently Docket Numbers: RP20–450–000. period must register by email at HTAC@ approved information collection, FERC– Applicants: Great Lakes Gas nrel.gov, no later than 5 p.m. Eastern 725I (Mandatory Reliability Standards Transmission Limited Partnership. Time, on Friday, February 28, 2020. for the Northeast Power Coordinating Description: Compliance filing Semi- Council) and submitting the information Please provide your name, organization, Annual Transporter’s Use Report citizenship, and contact information. collection to the Office of Management January 2020. and Budget (OMB) for review. Any Meeting space is limited and reasonable Filed Date: 1/24/20. provisions will be made to interested person may file comments Accession Number: 20200124–5005. directly with OMB and should address accommodate all those who have pre- Comments Due: 5 p.m. ET 2/5/20. registered. On-site registration will be a copy of those comments to the Docket Numbers: RP20–451–000. Commission as explained below. granted on a space-available basis. Applicants: Golden Triangle Storage, DATES: Comments on the collection of Anyone attending the meeting will be Inc. required to present government-issued Description: § 4(d) Rate Filing: information are due March 4, 2020. identification. Those wishing to make a Revisions to GT&C Section 17—Force ADDRESSES: Comments filed with OMB, public comment are required to register. Majeure, Reservation Charge Credits to identified by the OMB Control No. The public comment period will take be effective 3/1/2020. 1902–0258, should be sent via email to place between 1 p.m. and 1:15 p.m., on Filed Date: 1/24/20. the Office of Information and Regulatory March 9, 2020. Time allotted per Accession Number: 20200124–5046. Affairs: [email protected] speaker will depend on the number who Comments Due: 5 p.m. ET 2/5/20. Attention: Federal Energy Regulatory wish to speak but will not exceed five The filings are accessible in the Commission Desk Officer. minutes. Those not able to attend the Commission’s eLibrary system by A copy of the comments should also meeting or have insufficient time to clicking on the links or querying the be sent to the Commission, in Docket address the committee are invited to docket number. No. IC20–4–000, by either of the send a written statement, by email to: Any person desiring to intervene or following methods: [email protected]. protest in any of the above proceedings • eFiling at Commission’s website: Minutes: The minutes of the meeting must file in accordance with Rules 211 http://www.ferc.gov/docs-filing/ will be available for public review at and 214 of the Commission’s efiling.asp https://www.hydrogen.energy.gov/htac_ Regulations (18 CFR 385.211 and • Mail/Hand Delivery/Courier: Federal meetings.html. 385.214) on or before 5:00 p.m. Eastern Energy Regulatory Commission, Signed in Washington, DC, on January 28, time on the specified date(s). Protests Secretary of the Commission, 888 2020. may be considered, but intervention is First Street NE, Washington, DC LaTanya Butler, necessary to become a party to the 20426. Deputy Committee Management Officer. proceeding. Instructions: All submissions must be eFiling is encouraged. More detailed formatted and filed in accordance with [FR Doc. 2020–01942 Filed 1–31–20; 8:45 am] information relating to filing submission guidelines at: http:// BILLING CODE 6450–01–P requirements, interventions, protests, www.ferc.gov/help/submission- service, and qualifying facilities filings guide.asp. For user assistance, contact can be found at: http://www.ferc.gov/ DEPARTMENT OF ENERGY FERC Online Support by email at docs-filing/efiling/filing-req.pdf. For [email protected], or by phone other information, call (866) 208–3676 Federal Energy Regulatory at: (866) 208–3676 (toll-free), or (202) (toll free). For TTY, call (202) 502–8659. Commission 502–8659 for TTY. Dated: January 28, 2020. Docket: Users interested in receiving Combined Notice of Filings Kimberly D. Bose, automatic notification of activity in this Take notice that the Commission has Secretary. docket or in viewing/downloading received the following Natural Gas [FR Doc. 2020–01948 Filed 1–31–20; 8:45 am] comments and issuances in this docket Pipeline Rate and Refund Report filings: BILLING CODE 6717–01–P may do so at http://www.ferc.gov/docs- Docket Number: PR20–2–002. filing/docs-filing.asp. Applicants: Valley Crossing Pipeline, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY LLC. Ellen Brown may be reached by email Description: Tariff filing per at [email protected], telephone Federal Energy Regulatory at (202) 502–8663, and fax at (202) 273– 284.123(b),(e)+(g): Amended Petition for Commission Rate Approval and Statement of 0873. Operating Conditions 1–24–20 to be [Docket No. IC20–4–000] SUPPLEMENTARY INFORMATION: effective 1/24/2020. Title: FERC–725I (Mandatory Commission Information Collection Reliability Standards for the Northeast Filed Date: 1/24/2020. Activities (FERC–725I); Comment Accession Number: 202001245117. Power Coordinating Council). Request; Extension OMB Control No.: 1902–0258. Comments Due: 5 p.m. ET 2/14/2020. Type of Request: On November 25, 284.123(g) Protests Due: 5 p.m. ET 2/ AGENCY: Federal Energy Regulatory Commission. 2019, the 60-day notice was published 14/2020. in the Federal Register (84 FR 64885). ACTION: Notice of information collection Docket Numbers: RP20–449–000. The Commission received no comments. and request for comments. Applicants: Equitrans, L.P. Three-year extension of the FERC–725I
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with no changes to the current reporting requirements is necessary to create an burden on the generator owners to and recordkeeping requirements. effective and efficient UFLS program, maintain data. Abstract: The Regional Reliability and their experience has supported that Type of Respondent: Generator standard PRC–006–NPCC–1 (Automatic belief. Owners and Planning Coordinators. Underfrequency Load Shedding) Information collection burden for provides regional requirements for Reliability Standard PRC–006–NPCC–01 Estimate of Annual Burden: 1 The Automatic Underfrequency Load is based on the time needed for number of respondents is based on Shedding to applicable entities in planning coordinators and generator NERC’s Registry as of July 26, 2019. NPCC. UFLS requirements were in place owners to incrementally gather data, run Entities registered for more than one at a continent-wide level and within studies, and analyze study results to applicable function type have been NPCC for many years prior to the design or update the UFLS programs accounted for in the figures below. The implementation of federally mandated that are required in the regional Commission estimates the annual public reliability standards in 2007. NPCC and Reliability Standard (in addition to the reporting burden and cost 2 for the its members think that a region-wide, requirements of the NERC Reliability information collection as: fully coordinated single set of UFLS Standard PRC–006–3). There is also
FERC–725I (MANDATORY RELIABILITY STANDARDS FOR THE NORTHEAST POWER COORDINATING COUNCIL)
Average Annual Total burden hours Total annual Cost per Information collection requirements Number of number of number of & cost burden hours respondent respondents responses per responses ($) per & total annual ($) respondent response cost ($)
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)
PCs Design and document automatic 2 1 2 8 hrs.; $640 .. 16 hrs.; $640 UFLS program. $1,280. PCs update and maintain UFLS program 2 1 2 16 hrs.; 32 hrs.; 1,280 database. $1,280. $2,560. GOs provide documentation and data to 125 1 125 16 hrs.; 2,000 hrs.; 1,280 the planning coordinator. $1,280. $160,000. GOs: record retention ...... 125 1 125 4 hrs.; $320 .. 500 hrs.; 320 $40,000.
Total ...... 254 ...... $203,840; ...... 2,548 hrs..
Comments: Comments are invited on: DEPARTMENT OF ENERGY Description: Compliance filing: (1) Whether the collection of Reactive Rate Service—Revised information is necessary for the proper Federal Energy Regulatory Effective Date (Corrected) to be effective performance of the functions of the Commission 5/1/2019. Commission, including whether the Filed Date: 1/28/20. Combined Notice of Filings #1 information will have practical utility; Accession Number: 20200128–5085. Comments Due: 5 p.m. ET 2/18/20. (2) the accuracy of the agency’s Take notice that the Commission estimates of the burden and cost of the received the following electric rate Docket Numbers: ER20–271–001. collection of information, including the filings: Applicants: PJM Interconnection, validity of the methodology and Docket Numbers: ER10–2566–010; L.L.C. Description: Compliance filing: assumptions used; (3) ways to enhance ER13–2322–006; ER15–190–012; ER18– Compliance Filing Pursuant to the quality, utility and clarity of the 1343–005; ER19–1819–001; ER19–1820– December 30, 2019 Order re Price 001; ER19–1821–001. information collection; and (4) ways to Responsive Demand to be effective 12/ Applicants: Duke Energy Carolinas, minimize the burden of the collection of 30/2019. information on those who are to LLC, Broad River Solar, LLC, Carolina Filed Date: 1/28/20. respond, including the use of automated Solar Power, LLC, Speedway Solar NC, Accession Number: 20200128–5112. collection techniques or other forms of LLC, Stony Knoll Solar, LLC, Duke Comments Due: 5 p.m. ET 2/18/20. Energy Progress, Inc., Duke Energy information technology. Docket Numbers: ER20–533–001. Renewable Services, LLC. Applicants: Niagara Mohawk Power Dated: January 28, 2020. Description: Notice of Change in Kimberly D. Bose, Corporation, New York Independent Status of the Duke MBR Sellers. System Operator, Inc. Secretary. Filed Date: 1/27/20. Description: Tariff Amendment: [FR Doc. 2020–01956 Filed 1–31–20; 8:45 am] Accession Number: 20200127–5200. Revised SGIA (SA2498) between BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 2/18/20. Niagara Mohawk Power Corporation & Docket Numbers: ER19–1195–004. GR Catalyst Two to be effective 11/26/ Applicants: GSG 6, LLC. 2019.
1 ‘‘Burden’’ is the total time, effort, or financial burden, refer to Title 5 Code of Federal Regulations 725I are approximately the same as the resources expended by persons to generate, 1320.3. Commission’s average cost. The FERC 2019 average maintain, retain, or disclose or provide information 2 Commission staff estimates that the industry’s salary plus benefits for one FERC full-time to or for a Federal agency. For further explanation skill set and cost (for wages and benefits) for FERC– equivalent (FTE) is $167,091/year (or $80.00/hour). of what is included in the information collection
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Filed Date: 1/28/20. eFiling is encouraged. More detailed Federal Energy Regulatory Commission, Accession Number: 20200128–5093. information relating to filing 888 First Street NE, Washington, DC Comments Due: 5 p.m. ET 2/18/20. requirements, interventions, protests, 20426. Docket Numbers: ER20–881–000. service, and qualifying facilities filings The filings in the above-referenced Applicants: PJM Interconnection, can be found at: http://www.ferc.gov/ proceeding are accessible in the L.L.C. docs-filing/efiling/filing-req.pdf. For Commission’s eLibrary system by Description: § 205(d) Rate Filing: other information, call (866) 208–3676 clicking on the appropriate link in the Original ISA, SA No. 5558; Queue No. (toll free). For TTY, call (202) 502–8659. above list. They are also available for AE1–142 to be effective 1/7/2020. Dated: January 28, 2020. electronic review in the Commission’s Filed Date: 1/28/20. Kimberly D. Bose, Public Reference Room in Washington, Accession Number: 20200128–5019. DC. There is an eSubscription link on Secretary. Comments Due: 5 p.m. ET 2/18/20. the website that enables subscribers to [FR Doc. 2020–01955 Filed 1–31–20; 8:45 am] Docket Numbers: ER20–882–000. receive email notification when a Applicants: PacifiCorp. BILLING CODE 6717–01–P document is added to a subscribed Description: § 205(d) Rate Filing: docket(s). For assistance with any FERC Online service, please email OATT Revised Attachment K— DEPARTMENT OF ENERGY NorthernGrid Planning Process to be [email protected]. or call effective 4/1/2020. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Filed Date: 1/28/20. Commission (202) 502–8659. Accession Number: 20200128–5111. Dated: January 28, 2020. [Docket No. ER20–879–000] Comments Due: 5 p.m. ET 2/18/20. Kimberly D. Bose, Docket Numbers: ER20–883–000. Pleasants LLC; Supplemental Notice Secretary. Applicants: NorthWestern That Initial Market-Based Rate Filing [FR Doc. 2020–01947 Filed 1–31–20; 8:45 am] Corporation. Includes Request for Blanket Section Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P 204 Authorization NorthernGrid Attachment K to be effective 4/1/2020. This is a supplemental notice in the DEPARTMENT OF ENERGY Filed Date: 1/28/20. above-referenced proceeding of Accession Number: 20200128–5116. Pleasants LLC’s application for market- Federal Energy Regulatory Comments Due: 5 p.m. ET 2/18/20. based rate authority, with an Commission Docket Numbers: ER20–885–000. accompanying rate tariff, noting that Applicants: Avista Corporation. such application includes a request for [Project No. 14633–001] Description: § 205(d) Rate Filing: blanket authorization, under 18 CFR New England Hydropower Company, Avista Corp OATT Attachment K for part 34, of future issuances of securities LLC; Notice of Availability of NorthernGrid to be effective 4/1/2020. and assumptions of liability. Environmental Assessment Filed Date: 1/28/20. Any person desiring to intervene or to Accession Number: 20200128–5126. protest should file with the Federal In accordance with the National Comments Due: 5 p.m. ET 2/18/20. Energy Regulatory Commission, 888 Environmental Policy Act of 1969 and Docket Numbers: ER20–886–000. First Street NE, Washington, DC 20426, the Federal Energy Regulatory Applicants: Orsted US Trading LLC. in accordance with Rules 211 and 214 Commission’s regulations, 18 CFR part Description: Baseline eTariff Filing: of the Commission’s Rules of Practice 380 (Order No. 486, 52 FR 47879), the baseline new to be effective 4/1/2020. and Procedure (18 CFR 385.211 and Office of Energy Projects has reviewed Filed Date: 1/28/20. 385.214). Anyone filing a motion to the application for exemption from Accession Number: 20200128–5129. intervene or protest must serve a copy licensing for the Albion Dam Comments Due: 5 p.m. ET 2/18/20. of that document on the Applicant. Hydroelectric Project, to be located on Docket Numbers: ER20–887–000. Notice is hereby given that the the Blackstone River, near the Towns of Applicants: Duke Energy Carolinas, deadline for filing protests with regard Cumberland and Lincoln, Providence LLC. to the applicant’s request for blanket County, Rhode Island, and has prepared Description: Tariff Cancellation: DEC- authorization, under 18 CFR part 34, of an Environmental Assessment (EA). In Prosperity NITSA (SA No. 413)—Notice future issuances of securities and the EA, Commission staff analyzes the of Cancellation to be effective 1/1/2020. assumptions of liability, is February 18, potential environmental effects of the Filed Date: 1/28/20. 2020. project and concludes that issuing an Accession Number: 20200128–5151. The Commission encourages exemption for the project, with Comments Due: 5 p.m. ET 2/18/20. electronic submission of protests and appropriate environmental measures, The filings are accessible in the interventions in lieu of paper, using the would not constitute a major federal Commission’s eLibrary system by FERC Online links at http:// action significantly affecting the quality clicking on the links or querying the www.ferc.gov. To facilitate electronic of the human environment. docket number. service, persons with internet access A copy of the EA is on file with the Any person desiring to intervene or who will eFile a document and/or be Commission and is available for public protest in any of the above proceedings listed as a contact for an intervenor inspection. The EA may also be viewed must file in accordance with Rules 211 must create and validate an on the Commission’s website at http:// and 214 of the Commission’s eRegistration account using the www.ferc.gov using the eLibrary link. Regulations (18 CFR 385.211 and eRegistration link. Select the eFiling Enter the docket number, excluding the 385.214) on or before 5:00 p.m. Eastern link to log on and submit the last three digits in the docket number time on the specified comment date. intervention or protests. field, to access the document. For Protests may be considered, but Persons unable to file electronically assistance, contact FERC Online intervention is necessary to become a should submit an original and 5 copies Support at FERCOnlineSupport@ party to the proceeding. of the intervention or protest to the ferc.gov or toll-free at 1–866–208–3676,
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or for TTY, (202) 502–8659. You may DEPARTMENT OF ENERGY [email protected]. or call also register online at http:// (866) 208–3676 (toll free). For TTY, call www.ferc.gov/docs-filing/ Federal Energy Regulatory (202) 502–8659. Commission esubscription.asp to be notified via Dated: January 28, 2020. email of new filings and issuances [Docket No. ER20–792–000] Kimberly D. Bose, related to this or other pending projects. Secretary. Oklahoma Wind, LLC; Supplemental For assistance, contact FERC Online [FR Doc. 2020–01950 Filed 1–31–20; 8:45 am] Support. Notice That Initial Market-Based Rate Filing Includes Request for Blanket BILLING CODE 6717–01–P For further information, contact John Section 204 Authorization Baummer at (202) 502–6837 or [email protected]. This is a supplemental notice in the DEPARTMENT OF ENERGY above-referenced proceeding of Dated: January 28, 2020. Oklahoma Wind, LLC’s application for Federal Energy Regulatory Commission Kimberly D. Bose, market-based rate authority, with an Secretary. accompanying rate tariff, noting that [Docket No. ER20–880–000] [FR Doc. 2020–01949 Filed 1–31–20; 8:45 am] such application includes a request for BILLING CODE 6717–01–P blanket authorization, under 18 CFR White Cloud Wind Project, LLC; part 34, of future issuances of securities Supplemental Notice That Initial and assumptions of liability. Market-Based Rate Filing Includes DEPARTMENT OF ENERGY Any person desiring to intervene or to Request for Blanket Section 204 protest should file with the Federal Authorization Federal Energy Regulatory Energy Regulatory Commission, 888 This is a supplemental notice in the Commission First Street NE, Washington, DC 20426, above-referenced proceeding of White in accordance with Rules 211 and 214 Cloud Wind Project, LLC’s application [Docket No. EL20–17–000] of the Commission’s Rules of Practice for market-based rate authority, with an and Procedure (18 CFR 385.211 and accompanying rate tariff, noting that Hickory Run Energy, LLC; Notice of 385.214). Anyone filing a motion to such application includes a request for Institution of Section 206 Proceeding intervene or protest must serve a copy blanket authorization, under 18 CFR and Refund Effective Date of that document on the Applicant. part 34, of future issuances of securities Notice is hereby given that the and assumptions of liability. On January 28, 2020, the Commission deadline for filing protests with regard Any person desiring to intervene or to issued an order in Docket No. EL20–17– to the applicant’s request for blanket protest should file with the Federal 000, pursuant to section 206 of the authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 Federal Power Act (FPA), 16 U.S.C. future issuances of securities and First Street NE, Washington, DC 20426, 824e (2018), instituting an investigation assumptions of liability, is February 18, in accordance with Rules 211 and 214 into whether Hickory Run Energy, LLC’s 2020. of the Commission’s Rules of Practice The Commission encourages proposed reactive power tariff rate and Procedure (18 CFR 385.211 and electronic submission of protests and schedule is unjust, unreasonable, 385.214). Anyone filing a motion to interventions in lieu of paper, using the intervene or protest must serve a copy unduly discriminatory or preferential. FERC Online links at http:// Hickory Run Energy, LLC, 170 FERC of that document on the Applicant. www.ferc.gov. To facilitate electronic Notice is hereby given that the 61,061 (2020). service, persons with internet access deadline for filing protests with regard The refund effective date in Docket who will eFile a document and/or be to the applicant’s request for blanket No. EL20–17–000, established pursuant listed as a contact for an intervenor authorization, under 18 CFR part 34, of to section 206(b) of the FPA, will be the must create and validate an future issuances of securities and date of publication of this notice in the eRegistration account using the assumptions of liability, is February 18, Federal Register. eRegistration link. Select the eFiling 2020. link to log on and submit the Any interested person desiring to be The Commission encourages intervention or protests. electronic submission of protests and heard in Docket No. EL20–17–000 must Persons unable to file electronically interventions in lieu of paper, using the file a notice of intervention or motion to should submit an original and 5 copies FERC Online links at http:// intervene, as appropriate, with the of the intervention or protest to the www.ferc.gov. To facilitate electronic Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, service, persons with internet access 888 First Street NE, Washington, DC 888 First Street NE, Washington, DC who will eFile a document and/or be 20426, in accordance with Rule 214 of 20426. listed as a contact for an intervenor the Commission’s Rules of Practice and The filings in the above-referenced must create and validate an Procedure, 18 CFR 385.214 (2019), proceeding are accessible in the eRegistration account using the within 21 days of the date of issuance Commission’s eLibrary system by eRegistration link. Select the eFiling of the order. clicking on the appropriate link in the link to log on and submit the above list. They are also available for Dated: January 28, 2020. intervention or protests. electronic review in the Commission’s Persons unable to file electronically Kimberly D. Bose, Public Reference Room in Washington, should submit an original and 5 copies Secretary. DC. There is an eSubscription link on of the intervention or protest to the [FR Doc. 2020–01954 Filed 1–31–20; 8:45 am] the website that enables subscribers to Federal Energy Regulatory Commission, BILLING CODE 6717–01–P receive email notification when a 888 First Street NE, Washington, DC document is added to a subscribed 20426. docket(s). For assistance with any FERC The filings in the above-referenced Online service, please email proceeding are accessible in the
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Commission’s eLibrary system by starlicide (DRC–1339), trifluralin, tri-n health or the environment. As part of clicking on the appropriate link in the butyl tetradecyl phosphonium chloride the registration review process, the above list. They are also available for (TTPC), uniconazole-p, zinc and zinc Agency has completed interim decisions electronic review in the Commission’s salts, and zoxamide. In addition, it for all pesticides listed in the Table in Public Reference Room in Washington, announces the closure of the registration Unit IV. Through this program, EPA is DC. There is an eSubscription link on review case for 1-(3-chloroallyl)-3,5,7- ensuring that each pesticide’s the website that enables subscribers to triaza-1-azoniaadamantane (CTAC) registration is based on current receive email notification when a because the last U.S. registrations for scientific and other knowledge, document is added to a subscribed this pesticide have been canceled. including its effects on human health docket(s). For assistance with any FERC FOR FURTHER INFORMATION CONTACT: and the environment. Online service, please email For pesticide specific information, [email protected]. or call contact: The Chemical Review Manager III. Authority (866) 208–3676 (toll free). For TTY, call for the pesticide of interest identified in (202) 502–8659. the Table in Unit IV. EPA is conducting its registration review of the chemicals listed in the Dated: January 28, 2020. For general information on the Table in Unit IV pursuant to section 3(g) Kimberly D. Bose, registration review program, contact: Melanie Biscoe, Pesticide Re-Evaluation of the Federal Insecticide, Fungicide, Secretary. Division (7508P), Office of Pesticide and Rodenticide Act (FIFRA) and the [FR Doc. 2020–01952 Filed 1–31–20; 8:45 am] Programs, Environmental Protection Procedural Regulations for Registration BILLING CODE 6717–01–P Agency, 1200 Pennsylvania Ave. NW, Review at 40 CFR part 155, subpart C. Washington, DC 20460–0001; telephone Section 3(g) of FIFRA provides, among number: (703) 305–7106; email address: other things, that the registrations of ENVIRONMENTAL PROTECTION [email protected]. pesticides are to be reviewed every 15 AGENCY SUPPLEMENTARY INFORMATION: years. Under FIFRA, a pesticide product [EPA–HQ–OPP–2017–0751; FRL–10004–42] I. General Information may be registered or remain registered only if it meets the statutory standard Pesticide Registration Review; Interim A. Does this action apply to me? for registration given in FIFRA section Decisions and Case Closures for This action is directed to the public 3(c)(5) (7 U.S.C. 136a(c)(5)). When used Several Pesticides; Notice of in general and may be of interest to a in accordance with widespread and Availability wide range of stakeholders including commonly recognized practice, the AGENCY: Environmental Protection environmental, human health, farm pesticide product must perform its Agency (EPA). worker, and agricultural advocates; the intended function without unreasonable ACTION: Notice. chemical industry; pesticide users; and adverse effects on the environment; that members of the public interested in the is, without any unreasonable risk to SUMMARY: This notice announces the sale, distribution, or use of pesticides. man or the environment, or a human availability of EPA’s interim registration Since others also may be interested, the dietary risk from residues that result review decisions for the following Agency has not attempted to describe all from the use of a pesticide in or on food. chemicals: 2,4–DB, 3–MCH, aliphatic the specific entities that may be affected solvents, alkyl imidazolines, by this action. IV. What Action is the Agency Taking? bromoxynil, buprofezin, chondrostereum purpureum, II. Background Pursuant to 40 CFR 155.58, this notice diflubenzuron, dikegulac sodium, Registration review is EPA’s periodic announces the availability of EPA’s diquat dibromide, fluthiacet-methyl, review of pesticide registrations to interim registration review decisions for hydramethylnon, inorganic polysulfides ensure that each pesticide continues to the pesticides shown in the following (also known as calcium polysulfide or satisfy the statutory standard for table. The interim registration review lime sulfur), IR3535, lufenuron, o- registration, that is, the pesticide can decisions are supported by rationales Benzyl-p-Chlorophenol, octenol, PMD, perform its intended function without included in the docket established for Potato Leaf Roll Virus Resistance Gene, unreasonable adverse effects on human each chemical.
TABLE—REGISTRATION REVIEW INTERIM DECISIONS BEING ISSUED
Registration review case name and number Docket ID No. Chemical review manager and contact information
2,4–DB, Case Number 0196 ...... EPA–HQ–OPP–2013–0661 Samantha Thomas, [email protected] (703) 347–0514. 3-Methyl-2-cyclohexen-1-one (3–MCH), Case Number EPA–HQ–OPP–2014–0671 Joseph Mabon, [email protected] (703) 347– 6074. 0177. Aliphatic solvents, Case Number 3004 ...... EPA–HQ–OPP–2016–0039 Veronica Dutch, [email protected] (703) 308– 8585. Alkyl imidazolines, Case Number 3010 ...... EPA–HQ–OPP–2011–0620 Peter Bergquist, [email protected] (703) 347– 8563. Bromoxynil and Bromoxynil Esters, Case Number EPA–HQ–OPP–2012–0896 Tiffany Green, [email protected] (703) 347–0314. 2070. Buprofezin, Case Number 7462 ...... EPA–HQ–OPP–2012–0373 Patricia Biggio, [email protected] (703) 347– 0547. Chondrostereum purpureum, Case Number 6091 ...... EPA–HQ–OPP–2015–0051 Bibiana Oe, [email protected] (703) 347–8162. Diflubenzuron, Case Number 0144 ...... EPA–HQ–OPP–2012–0714 Christian Bongard, [email protected] (703) 347–0337. Dikegulac sodium, Case Number 3061 ...... EPA–HQ–OPP–2014–0771 Jonathan Williams, [email protected] (703) 347–0670.
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TABLE—REGISTRATION REVIEW INTERIM DECISIONS BEING ISSUED—Continued
Registration review case name and number Docket ID No. Chemical review manager and contact information
Diquat dibromide, Case Number 0288 ...... EPA–HQ–OPP–2009–0846 Jordan Page, [email protected] (703) 347–0467. Fluthiacet-methyl, Case Number 7280 ...... EPA–HQ–OPP–2013–0285 Eric Fox, [email protected] (703) 347–0104. Hydramethylnon, Case Number 2585 ...... EPA–HQ–OPP–2012–0869 Carolyn Smith, [email protected] (703) 347– 8325. Inorganic polysulfides (also known as calcium EPA–HQ–OPP–2016–0102 Katherine St. Clair, [email protected] (703) polysulfide or lime sulfur) Case Number 4054. 347–8778. IR3535, Case Number 6046 ...... EPA–HQ–OPP–2014–0106 Alexandra Boukedes, [email protected] (703) 347–0305. Lufenuron, Case Number 7627 ...... EPA–HQ–OPP–2015–0098 Andy Muench, [email protected] (703) 347– 8263. o-Benzyl-p-Chlorophenol (OBPCP), Case Number EPA–HQ–OPP–2011–0423 Erin Dandridge, [email protected] (703) 347– 2045. 0185. Octenol, Case Number 6033 ...... EPA–HQ–OPP–2012–0940 Joseph Mabon, [email protected] (703) 347– 0177. p-Methane-3,8-diol (PMD), Case Number 6017 ...... EPA–HQ–OPP–2015–0693 Joseph Mabon, [email protected] (703) 347– 0177. Potato Leaf Roll Virus Resistance Gene, Case Number EPA–HQ–OPP–2012–0416 Michael Glikes, [email protected] (703) 305– 6505. 6231. Starlicide (DRC–1339), Case Number 2610 ...... EPA–HQ–OPP–2011–0696 Nathan Sell, [email protected] (703) 347–8020. Trifluralin, Case Number 0179 ...... EPA–HQ–OPP–2012–0417 Matthew Khan, [email protected] (703) 347– 8613. Tri-n Butyl Tetradecyl Phosphonium Chloride (TTPC), EPA–HQ–OPP–2011–0952 Daniel Halpert, [email protected] (703) 347– Case Number 5111. 0133. Uniconazole-P, Case Number 7007 ...... EPA–HQ–OPP–2015–0729 Jaclyn Pyne, [email protected] (703) 347–0445. Zinc and Zinc Salts, Case Number 4099 ...... EPA–HQ–OPP–2009–0011 Michael McCarroll, [email protected] (703) 347–0147. Zoxamide, Case Number 7032 ...... EPA–HQ–OPP–2014–0391 Sergio Santiago, [email protected] (703) 347– 8606.
The proposed interim registration Dated: January 27, 2020. instructions for submitting comments. review decisions for the chemicals in Mary Reaves, Do not submit electronically any the table above were posted to the Acting Director, Pesticide Re-Evaluation information you consider to be docket and the public was invited to Division, Office of Pesticide Programs. Confidential Business Information (CBI) submit any comments or new [FR Doc. 2020–02045 Filed 1–31–20; 8:45 am] or other information whose disclosure is information. EPA addressed the BILLING CODE 6560–50–P restricted by statute. comments or information received • Mail: OPP Docket, Environmental during the 60-day comment period for Protection Agency Docket Center (EPA/ the proposed interim decisions in the ENVIRONMENTAL PROTECTION DC), (28221T), 1200 Pennsylvania Ave. discussion for each pesticide listed in AGENCY NW, Washington, DC 20460–0001. the table. Comments from the 60-day [EPA–HQ–OPP–2017–0750; FRL–10004–38] • Hand Delivery: To make special comment period that were received may arrangements for hand delivery or or may not have affected the Agency’s Pesticide Registration Review; delivery of boxed information, please interim decision. Pursuant to 40 CFR Proposed Interim Decisions for Several follow the instructions at http:// 155.58(c), the registration review case Neonicotinoid Pesticides; Notice of www.epa.gov/dockets/contacts.html. Availability docket for the chemicals listed in the Additional instructions on Table will remain open until all actions AGENCY: Environmental Protection commenting or visiting the docket, required in the interim decision have Agency (EPA). along with more information about been completed. ACTION: Notice. dockets generally, is available at http:// This document also announces the www.epa.gov/dockets. SUMMARY: This notice announces the closure of the registration review case FOR FURTHER INFORMATION CONTACT: availability of EPA’s proposed interim For for 1-(3-chloroallyl)-3,5,7-triaza-1- registration review decisions and opens pesticide specific information, contact: azoniaadamantane (CTAC) (Case a 60-day public comment period on the The Chemical Review Manager for the Number 3069, Docket ID Number EPA– proposed interim decisions for pesticide of interest identified in the HQ–OPP–2010–0004) because the last acetamiprid, clothianidin, dinotefuran, Table in Unit IV. U.S. registrations for these pesticides imidacloprid, and thiamethoxam. For general information on the have been canceled. DATES: Comments must be received on registration review program, contact: Background on the registration review or before April 3, 2020. Melanie Biscoe, Pesticide Re-Evaluation Division (7508P), Office of Pesticide program is provided at: http:// ADDRESSES: Submit your comments, Programs, Environmental Protection www.epa.gov/pesticide-reevaluation. identified by the docket identification Agency, 1200 Pennsylvania Ave., NW, (ID) number for the specific pesticide of Authority: 7 U.S.C. 136 et seq. Washington, DC 20460–0001; telephone interest provided in the Table in Unit number: (703) 305–7106; email address: IV, by one of the following methods: • Federal eRulemaking Portal: http:// [email protected]. www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION:
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I. General Information includes information claimed as CBI, a III. Authority A. Does this Action Apply to Me? copy of the comment that does not EPA is conducting its registration contain the information claimed as CBI review of the chemicals listed in the This action is directed to the public must be submitted for inclusion in the in general and may be of interest to a Table in Unit IV pursuant to section 3(g) public docket. Information so marked of the Federal Insecticide, Fungicide, wide range of stakeholders including will not be disclosed except in environmental, human health, farm and Rodenticide Act (FIFRA) and the accordance with procedures set forth in worker, and agricultural advocates; the Procedural Regulations for Registration 40 CFR part 2. chemical industry; pesticide users; and Review at 40 CFR part 155, subpart C. members of the public interested in the 2. Tips for preparing your comments. Section 3(g) of FIFRA provides, among sale, distribution, or use of pesticides. When preparing and submitting your other things, that the registrations of Since others also may be interested, the comments, see the commenting tips at pesticides are to be reviewed every 15 Agency has not attempted to describe all http://www.epa.gov/dockets/ years. Under FIFRA, a pesticide product the specific entities that may be affected comments.html. may be registered or remain registered by this action. If you have any questions only if it meets the statutory standard regarding the applicability of this action II. Background for registration given in FIFRA section to a particular entity, consult the 3(c)(5) (7 U.S.C. 136a(c)(5)). When used Registration review is EPA’s periodic in accordance with widespread and Chemical Review Manager for the review of pesticide registrations to pesticide of interest identified in the commonly recognized practice, the ensure that each pesticide continues to Table in Unit IV. pesticide product must perform its satisfy the statutory standard for intended function without unreasonable B. What Should I Consider as I Prepare registration, that is, the pesticide can adverse effects on the environment; that My Comments for EPA? perform its intended function without is, without any unreasonable risk to 1. Submitting CBI. Do not submit this unreasonable adverse effects on human man or the environment, or a human information to EPA through health or the environment. As part of dietary risk from residues that result regulations.gov or email. Clearly mark the registration review process, the from the use of a pesticide in or on food. the part or all of the information that Agency has completed proposed interim IV. What Action is the Agency Taking? you claim to be CBI. For CBI decisions for all pesticides listed in the information on a disk or CD–ROM that Table in Unit IV. Through this program, Pursuant to 40 CFR 155.58, this notice you mail to EPA, mark the outside of the EPA is ensuring that each pesticide’s announces the availability of EPA’s disk or CD–ROM as CBI and then registration is based on current proposed interim registration review identify electronically within the disk or scientific and other knowledge, decisions for the pesticides shown in CD–ROM the specific information that including its effects on human health Table 1, and opens a 60-day public is claimed as CBI. In addition to one and the environment. comment period on the proposed complete version of the comment that interim registration review decisions.
TABLE 1—PROPOSED INTERIM DECISIONS
Registration review Chemical review manager and case name and No. Docket ID No. contact information
Acetamiprid, Case Number 7617 .... EPA–HQ–OPP–2012–0329 ...... Jonathan Williams, [email protected], 703–347–0670. Clothianidin, Case Number 7620 .... EPA–HQ–OPP–2011–0865 ...... Matthew Khan, [email protected], 703–347–8613. Dinotefuran, Case Number 7441 .... EPA–HQ–OPP–2011–0920 ...... Steven Snyderman, [email protected], 703–347–0249. Imidacloprid, Case Number 7605 ... EPA–HQ–OPP–2008–0844 ...... Steven Snyderman, [email protected], 703–347–0249. Thiamethoxam, Case Number 7641 EPA–HQ–OPP–2011–0581 ...... Matthew Khan, [email protected], 703–347–8613.
The registration review docket for a the pesticides listed in Table 1 in Unit The Agency will carefully consider all pesticide includes earlier documents IV. comments received by the closing date related to the registration review case. The registration review final rule at 40 and may provide a ‘‘Response to For example, the review opened with a CFR 155.58(a) provides for a minimum Comments Memorandum’’ in the Preliminary Work Plan, for public 60-day public comment period on all docket. The interim registration review comment. A Final Work Plan was proposed interim registration review decision will explain the effect that any placed in the docket following public decisions. This comment period is comments had on the interim decision comment on the Preliminary Work Plan. intended to provide an opportunity for and provide the Agency’s response to The documents in the dockets public input and a mechanism for significant comments. describe EPA’s rationales for conducting initiating any necessary amendments to Background on the registration review additional risk assessments for the the proposed interim decision. All program is provided at: http:// registration review of the pesticides comments should be submitted using www.epa.gov/pesticide-reevaluation. included in the tables in Unit IV, as well the methods in ADDRESSES, and must be as the Agency’s subsequent risk findings received by EPA on or before the closing Authority: 7 U.S.C. 136 et seq. and consideration of possible risk date. These comments will become part Dated: January 22, 2020. mitigation measures. These proposed of the docket for the pesticides included Mary Reaves, interim registration review decisions are in the Tables in Unit IV. Comments Acting Director, Pesticide Re-Evaluation supported by the rationales included in received after the close of the comment Division, Office of Pesticide Programs. those documents. Following public period will be marked ‘‘late.’’ EPA is not [FR Doc. 2020–01995 Filed 1–31–20; 8:45 am] comment, the Agency will issue interim required to consider these late BILLING CODE 6560–50–P or final registration review decisions for comments.
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ENVIRONMENTAL PROTECTION www.regulations.gov. The EPA may 4, 2019, Plaintiffs and EPA entered into AGENCY publish any comment received to its discussions regarding a potential public docket. Do not submit resolution of the lawsuit. [EPA–HQ–OGC–2019–0667; FRL–10004–89– electronically any information you OGC] The proposed consent decree consider to be Confidential Business announced here would resolve the Proposed Consent Decree, Clean Information (CBI) or other information claims of the suit. As described in Water Act and Administrative whose disclosure is restricted by statute. paragraph 3 of the proposed consent Procedures Act Claims Multimedia submissions (audio, video, decree, within two years (24 months) of etc.) must be accompanied by a written entry of the proposed consent decree, AGENCY: Environmental Protection comment. The written comment is EPA will sign a notice of proposed Agency (EPA). considered the official comment and rulemaking pertaining to the issuance of ACTION: Notice of proposed consent should include discussion of all points the Hazardous Substance Worst Case decree; request for public comment. you wish to make. The EPA generally Discharge Planning Regulations. Under will not consider comments or comment paragraph 4 of the proposed consent SUMMARY: In accordance with the contents located outside of the primary decree, EPA will sign a notice taking Environmental Protection Agency (EPA) submission (i.e. on the web, cloud, or final action following notice and Administrator’s, October 16, 2017, other file sharing system). For comment rulemaking pertaining to the Directive Promoting Transparency and additional submission methods, please issuance of Hazardous Substance Worst Public Participation in Consent Decrees contact the person identified in the ‘‘For Case Discharge Planning Regulations. and Settlement Agreements, notice is Further Information Contact’’ section. See the proposed consent decree for hereby given of a proposed consent For the full EPA public comment policy, specific details. decree to address claims in a lawsuit information about CBI or multimedia For a period of thirty (30) days filed by the Natural Resources Defense submissions, and general guidance on following the date of publication of this Council, Clean Water Action, and the making effective comments, please visit notice, the Agency will accept written Environmental Justice Health Alliance http://www2.epa.gov/dockets/ comments relating to the resolution of for Chemical Policy Reform commenting-epa-dockets. (collectively, ‘‘Plaintiffs’’) in the United the claims contained in the proposed FOR FURTHER INFORMATION CONTACT: consent decree from the public. If so States District Court for the Southern Richard L. Albores, Solid Waste and District of New York. On March 21, requested, EPA will also consider Emergency Response Law Office holding a public hearing on whether to 2019, Plaintiffs filed a complaint (7013D), Office of General Counsel, U.S. alleging, inter alia, that the United enter into the proposed consent decree. Environmental Protection Agency, 1200 EPA, the Department of Justice, and the States Environmental Protection Agency Pennsylvania Ave. NW, Washington, DC (‘‘EPA’’) had a duty under Clean Water United States Attorney for the Southern 20460; telephone: (202) 564–7102; email District of New York may withdraw or Act (‘‘CWA’’) section 311(j)(5)(A)(i), to address: [email protected]. issue regulations that require an owner withhold consent to the proposed SUPPLEMENTARY INFORMATION: or operator of a non-transportation- consent decree if the public comments related onshore ‘‘facility described in I. Additional Information About the disclose facts or considerations that subparagraph (C) to prepare and submit Proposed Consent Decree indicate that such consent decree is inappropriate, improper, inadequate, or to the President a plan for responding, On March 21, 2019, Plaintiffs filed to the maximum extent practicable, to a inconsistent with the requirements of suit in the Federal district court for the the CWA. Unless EPA, the Department worst case discharge, and to a Southern District of New York: Natural substantial threat of such a discharge, of of Justice, or the United States Attorney Resources Defense Council, et. al v. for the Southern District of New York . . . a hazardous substance’’ (the United States Environmental Protection ‘‘Hazardous Substance Worst Case determines that this proposed consent Agency, et. al, No. 1:19–cv–02516 decree should be withdrawn, the terms Discharge Planning Regulations’’) by (S.D.N.Y., filed Mar. 21, 2019). August 18, 1992. The proposed consent of the proposed consent decree will be Plaintiffs’ Complaint brought two claims affirmed and entered with the Court. decree would set deadlines for EPA to alleging violations of CWA section complete a notice of proposed 311(j)(5)(A)(i), and the Administrative II. Additional Information About rulemaking pertaining to the issuance of Procedures Act (‘‘APA’’). Plaintiffs’ first Commenting on the Proposed Consent the Hazardous Substance Worst Case claim alleged that EPA failed to issue Decree Discharge Planning Regulations, and for ‘‘regulations mandated by the [CWA] publication of a notice taking final A. How can I get a copy of the proposed requiring non-transportation-related consent decree? action following notice and comment substantial-harm facilities to plan, rulemaking pertaining to the issuance of prevent, mitigate and respond to worst- The official public docket for this Hazardous Substance Worst Case case spills of hazardous substances . . . action (identified by EPA–HQ–OGC– Discharge Planning Regulations. constitutes a failure to perform a non- 2019–0667) contains a copy of the DATES: Written comments on the discretionary duty or act in violation of proposed consent decree. The official proposed consent decree must be the [CWA].’’ (Compl. Para. 34). Plaintiffs public docket is available for public received by March 4, 2020. also claimed, ‘‘EPA’s failure to issue viewing at the Office of Environmental ADDRESSES: Submit your comments, these regulations constitute[d] agency Information (OEI) Docket in the EPA identified by Docket ID number EPA– action unlawfully withheld contrary to Docket Center, EPA West, Room 3334, HQ–OGC–2019–0667, online at and in violation of the [APA] and the 1301 Constitution Ave. NW, www.regulations.gov (EPA’s preferred [CWA].’’ (Compl. Para. 45). Plaintiffs Washington, DC. The EPA Docket method). For comments submitted at requested an order from the Court to Center Public Reading Room is open www.regulations.gov, follow the online compel EPA to promulgate Hazardous from 8:30 a.m. to 4:30 p.m., Monday instructions for submitting comments. Substance Worst Case Discharge through Friday, excluding legal Once submitted, comments cannot be Planning Regulations (Compl. at 12). holidays. The telephone number for the edited or removed from Following EPA’s Answer, filed on June Public Reading Room is (202) 566–1744,
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and the telephone number for the OEI and cannot contact you for clarification, and Radiation Division; 5 Post Office Docket is (202) 566–1752. EPA may not be able to consider your Square—Suite 100, (Mail code 05–2), An electronic version of the public comment. Boston, MA 02109–3912. The Order is docket is available on EPA’s website at Use of the www.regulations.gov also available electronically at the https://www.epa.gov/ogc/proposed- website to submit comments to EPA following address: https://www.epa.gov/ consent-decrees-and-draft-settlement- electronically is EPA’s preferred method sites/production/files/2019-11/ agreements#NRDCetalv.epa and through for receiving comments. The electronic documents/wheelabrator_ www.regulations.gov. You may use public docket system is an ‘‘anonymous rensponse2019.pdf. www.regulations.gov to submit or view access’’ system, which means EPA will FOR FURTHER INFORMATION CONTACT: public comments, access the index not know your identity, email address, Jessica Kilpatrick, Air Permits, Toxics, listing of the contents of the official or other contact information unless you and Indoor Programs Branch, U.S. public docket, and access those provide it in the body of your comment. Environmental Protection Agency, EPA documents in the public docket that are In contrast to EPA’s electronic public Region 1, 5 Post Office Square—Suite available electronically. Once in the docket, EPA’s electronic mail (email) 100, (Mail code 05–2), Boston, MA system, key in the appropriate docket system is not an ‘‘anonymous access’’ 02109–3912, tel. (617) 918–1652, email identification number then select system. If you send an email comment [email protected]. ‘‘search.’’ It is important to note that directly to the Docket without going SUPPLEMENTARY INFORMATION: The CAA EPA’s policy is that public comments, through www.regulations.gov, your affords the EPA a 45-day period to whether submitted electronically or in email address is automatically captured review and, as appropriate, the paper, will be made available for public and included as part of the comment authority to object to operating permits viewing online at www.regulations.gov that is placed in the official public without change, unless the comment proposed by state permitting authorities docket, and made available in EPA’s under title V of the CAA, 42 U.S.C. contains copyrighted material, CBI, or electronic public docket. other information whose disclosure is 7661–7661f. Section 505(b)(2) of the restricted by statute. Information Dated: January 23, 2020. CAA and 40 CFR 70.8(d) authorizes any claimed as CBI and other information John R. Michaud, person to petition the EPA whose disclosure is restricted by statute Associate General Counsel. Administrator to object to a title V is not included in the official public [FR Doc. 2020–01998 Filed 1–31–20; 8:45 am] operating permit within 60 days after the expiration of the EPA’s 45-day docket or in the electronic public BILLING CODE 6560–50–P docket. review period if the EPA has not EPA’s policy is that copyrighted objected on its own initiative. Petitions material, including copyrighted material ENVIRONMENTAL PROTECTION must be based only on objections to the contained in a public comment, will not AGENCY permit that were raised with reasonable be placed in EPA’s electronic public specificity during the public comment [Petition I–2019–3; FRL–10004–45–Region period provided by the state, unless the docket but will be available only in 1] printed, paper form in the official public petitioner demonstrates that it was docket. Although not all docket Clean Air Act Operating Permit impracticable to raise these issues materials may be available Program; Petition for Objection to during the comment period or the electronically, you may still access any State Operating Permit for grounds for the issues arose after this of the publicly available docket Wheelabrator Environmental System period. materials through the EPA Docket Inc., Wheelabrator Concord Company, The Petitioners submitted a petition Center. L.P., Concord, New Hampshire on March 14, 2019, requesting that the EPA object to the proposed CAA title V B. How and to whom do I submit AGENCY: Environmental Protection operating permit issued by NHDES to comments? Agency (EPA). Wheelabrator (Permit No. TV–0032). You may submit comments as ACTION: Notice of final order on petition The Petitioners alleged that (1) the provided in the ADDRESSES section, to object to state operating permits. operation of the Wheelabrator above. Please ensure that your incinerator violates New Hampshire’s comments are submitted within the SUMMARY: The EPA Administrator Revised Statutes Annotated (RSA) 125– specified comment period. signed an Order, dated October 30, C, Title 10 Public Health, Chapter 125– If you submit an electronic comment, 2019, denying a petition dated March C Air Pollution Control, Section 125– EPA recommends that you include your 14, 2019, filed by Anthony Caplan, C:1 and releases persistent toxic name, mailing address, and an email Katherine Lajoie, Rebecca MacKenzie, substances, such as lead, mercury, address or other contact information in and Janet Ward (the Petitioners). The cadmium, and dioxin, that ‘‘accumulate the body of your comment and with any Petitioners requested that the EPA in our bodies (known as body burden) disk or CD ROM you submit. This object to a proposed Clean Air Act and in our environment (known as toxic ensures that you can be identified as the (CAA) title V operating permit (Permit loading) and cause harm in low doses;’’ submitter of the comment and allows No. TV–0032) issued by the New (2) that ‘‘[s]napshot testing of EPA to contact you in case EPA cannot Hampshire Department of smokestack emissions can neither read your comment due to technical Environmental Services (NHDES) to determine nor ensure continuous difficulties or needs further information Wheelabrator Environmental System, compliance with air standards that are on the substance of your comment. Any Inc., Wheelabrator Concord Company, themselves not health based;’’ and that identifying or contact information L.P. (Wheelabrator), a large municipal NHDES ‘‘has discretionary authority to provided in the body of a comment will waste incinerator located in Concord, either deny or approve a Title V permit be included as part of the comment that New Hampshire. and is not constrained by a requirement is placed in the official public docket ADDRESSES: Copies of the Order, the to only consider whether Wheelabrator’s and made available in EPA’s electronic petition, and all pertinent information stack test results comply with emission public docket. If EPA cannot read your relating thereto are on file at the standards;’’ (3) Wheelabrator violated comment due to technical difficulties following location: EPA Region 1; Air state and federal law by incinerating
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used baghouse filters; and (4) the FOR FURTHER INFORMATION CONTACT: For information about the docket available NHDES has mischaracterized its pesticide specific information: Contact at http://www.epa.gov/dockets. authority under New Hampshire’s RSA the glyphosate registration review email II. Background 125C:13 and CAA § 129(e) and that address and phone number identified in NHDES can deny, suspend, or revoke Unit IV. Registration review is EPA’s periodic the permit, or order measures beyond For general information on the review of pesticide registrations to existing emission limitations to protect registration review program, contact: ensure that each pesticide continues to public health. Melanie Biscoe, Pesticide Re-Evaluation satisfy the statutory standard for On October 30, 2019, the Division (7508P), Office of Pesticide registration, that is, the pesticide can Administrator issued an Order denying Programs, Environmental Protection perform its intended function without the petition. The Order explains the Agency, 1200 Pennsylvania Ave. NW, unreasonable adverse effects on human EPA’s basis for denying the petition. Washington, DC 20460–0001; telephone health or the environment. As part of Pursuant to sections 307(b) and number: (703) 305–7106; email address: the registration review process, the 505(b)(2) of the CAA, a petition for [email protected]. Agency has completed interim decisions judicial review of those parts of the SUPPLEMENTARY INFORMATION: for glyphosate. Through this program, Order that deny issues in the petition EPA is ensuring that glyphosate’s may be filed in the United States Court I. General Information registration is based on current of Appeals for the appropriate circuit by scientific and other knowledge, April 3, 2020, 60 days from the date this A. Does this action apply to me? including its effects on human health notice is published in the Federal This action is directed to the public and the environment. Register. in general and may be of interest to a Dated: January 21, 2020. wide range of stakeholders including III. Authority Dennis Deziel, environmental, human health, farm worker, and agricultural advocates; the EPA is conducting its registration Regional Administrator, EPA Region 1. chemical industry; pesticide users; and review of glyphosate pursuant to section [FR Doc. 2020–02010 Filed 1–31–20; 8:45 am] members of the public interested in the 3(g) of the Federal Insecticide, BILLING CODE 6560–50–P sale, distribution, or use of pesticides. Fungicide, and Rodenticide Act (FIFRA) Since others also may be interested, the and the Procedural Regulations for Agency has not attempted to describe all Registration Review at 40 CFR part 155, ENVIRONMENTAL PROTECTION subpart C. Section 3(g) of FIFRA AGENCY the specific entities that may be affected by this action. If you have any questions provides, among other things, that the [EPA–HQ–OPP–2017–0751; FRL–10004–39] regarding the applicability of this action registrations of pesticides are to be to a particular entity, contact the reviewed every 15 years. Under FIFRA, Pesticide Registration Review; Interim glyphosate registration review email a pesticide product may be registered or Decision for Glyphosate; Notice of address and phone number identified in remain registered only if it meets the Availability the Table in Unit IV. statutory standard for registration given in FIFRA section 3(c)(5) (7 U.S.C. AGENCY: Environmental Protection B. How can I access the docket? 136a(c)(5)). When used in accordance Agency (EPA). with widespread and commonly ACTION: Notice. The docket for this action, identified by docket identification (ID) number recognized practice, the pesticide SUMMARY: This notice announces the EPA–HQ–OPP–2017–0751, is available product must perform its intended availability of EPA’s interim registration at http://www.regulations.gov or at the function without unreasonable adverse review decision for glyphosate. Office of Pesticide Programs Regulatory effects on the environment; that is, Registration review is EPA’s periodic Public Docket (OPP Docket) in the without any unreasonable risk to man or review of pesticide registrations to Environmental Protection Agency the environment, or a human dietary ensure that each pesticide continues to Docket Center (EPA/DC), West William risk from residues that result from the satisfy the statutory standard for Jefferson Clinton Bldg., Rm. 3334, 1301 use of a pesticide in or on food. registration, that is, that the pesticide Constitution Ave. NW, Washington, DC IV. What action is the Agency taking? can perform its intended function 20460–0001. The Public Reading Room without unreasonable adverse effects on is open from 8:30 a.m. to 4:30 p.m., Pursuant to 40 CFR 155.58, this notice human health or the environment. Monday through Friday, excluding legal announces the availability of EPA’s Through this program, EPA is ensuring holidays. The telephone number for the interim registration review decision for that each pesticide’s registration is Public Reading Room is (202) 566–1744, glyphosate. The interim registration based on current scientific and other and the telephone number for the OPP review decision is supported by knowledge, including its effects on Docket is (703) 305–5805. Please review rationales included in the docket human health and the environment. the visitor instructions and additional identified in Unit I.B.
TABLE—REGISTRATION REVIEW INTERIM DECISIONS BEING ISSUED
Registration review case name and No. Docket ID No. Contact information
Glyphosate Case Number 0178 ...... EPA–HQ–OPP–2009–0361 ...... [email protected], 703–347–0292.
The proposed interim registration information. EPA addressed the discussion for glyphosate. Comments review decision for glyphosate was comments or information received from the 120-day comment period that posted to the docket and the public was during the 120-day comment period for were received may or may not have invited to submit any comments or new the proposed interim decisions in the affected the Agency’s interim decision.
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Pursuant to 40 CFR 155.58(c), the other agencies for determining (e.g., configuration or operational registration review case docket for compliance with the NAAQS. A list of settings) specified in the designated glyphosate will remain open until all all reference or equivalent methods that method description (see the actions required in the interim decision have been previously designated by EPA identification of the method above). have been completed. may be found at http://www.epa.gov/ Use of the method also should be in Background on the registration review ttn/amtic/criteria.html. general accordance with the guidance program is provided at: http:// The EPA hereby announces the and recommendations of applicable www.epa.gov/pesticide-reevaluation. designation of one new reference sections of the ‘‘Quality Assurance Authority: 7 U.S.C. 136 et seq. method for measuring concentrations of Handbook for Air Pollution SO2 in ambient air. This designation is Measurement Systems, Volume I,’’ EPA/ Dated: January 27, 2020. made under the provisions of 40 CFR 600/R–94/038a and ‘‘Quality Assurance Mary Reaves, part 53, as amended on October 26, Handbook for Air Pollution Acting Director, Pesticide Re-Evaluation 2015 (80 FR 65291–65468). Measurement Systems, Volume II, Division, Office of Pesticide Programs. The new reference method for SO2 is Ambient Air Quality Monitoring [FR Doc. 2020–01935 Filed 1–31–20; 8:45 am] an automated method (analyzer) Program,’’ EPA–454/B–13–003, (both BILLING CODE 6560–50–P utilizing the measurement principle available at http://www.epa.gov/ttn/ based on ultraviolet fluorescence. This amtic/qalist.html). Provisions newly designated reference method is concerning modification of such ENVIRONMENTAL PROTECTION identified as follows: methods by users are specified under AGENCY RFSA–1219–255, ‘‘Focused Photonics section 2.8 (Modifications of Methods [FRL–10004–78–ORD] Inc. AQMS–500 SO2 Analyzer’’ by Users) of appendix C to 40 CFR part Ultraviolet Fluorescence (UVF) analyzer 58. Ambient Air Monitoring Reference and operated in the range of 0–0.5 ppm, Consistent or repeated noncompliance Equivalent Methods; Designation of with 5 mm, 47 mm diameter Teflon® with any of these conditions should be One New Reference Method (PTFE) filter installed, operated at reported to: Director, Air Methods and temperatures between 20 °C and 30 °C, Characterization Division (MD–D205– AGENCY: Environmental Protection at nominal input line voltage of 220 ± 03), Center for Environmental Agency. 10% VAC and frequency of 50 Hz, at a Measurements and Modeling, U.S. ACTION: Notice of the designation of a nominal sampling flow rate of 800 ± 80 Environmental Protection Agency, new reference method for monitoring cc/min, and operated according to the Research Triangle Park, North Carolina ambient air quality. FPI AQMS–500 User Manual. 27711. This application for a reference Designation of this reference method SUMMARY: Notice is hereby given that method determination for this SO2 is intended to assist the States in the Environmental Protection Agency method was received by the Office of (EPA) has designated one new reference establishing and operating their air Research and Development on October quality surveillance systems under 40 method for measuring concentrations of 31, 2019. This analyzer is commercially sulfur dioxide (SO ) in ambient air. CFR part 58. Questions concerning the 2 available from the applicant, Focused commercial availability or technical FOR FURTHER INFORMATION CONTACT: Photonics Inc. (FPI), 760 Bin‘an Road, aspects of the method should be Robert Vanderpool, Air Methods and Binjiang District, Hangzhou, Zhejiang, directed to the applicant. Characterization Division (MD–D205– China. Dated: January 16, 2020. 03), Center for Environmental A representative test analyzer was Measurements and Modeling, U.S. EPA, tested in accordance with the applicable Timothy H. Watkins, Research Triangle Park, North Carolina test procedures specified in 40 CFR part Director, Center for Environmental 27711. Phone: 919–541–7877. Email: 53, as amended on October 26, 2015. Measurement and Modeling. [email protected]. After reviewing the results of those tests [FR Doc. 2020–01999 Filed 1–31–20; 8:45 am] SUPPLEMENTARY INFORMATION: In and other information submitted by the BILLING CODE 6560–50–P accordance with regulations at 40 CFR applicant, EPA has determined, in part 53, the EPA evaluates various accordance with part 53, that this methods for monitoring the method should be designated as a FEDERAL DEPOSIT INSURANCE concentrations of those ambient air reference method. pollutants for which EPA has As a designated reference method, CORPORATION established National Ambient Air this method is acceptable for use by Notice to All Interested Parties of Quality Standards (NAAQS) as set forth states and other air monitoring agencies Intent To Terminate Receiverships in 40 CFR part 50. Monitoring methods under the requirements of 40 CFR part that are determined to meet specific 58, Ambient Air Quality Surveillance. Notice is hereby given that the Federal requirements for adequacy are For such purposes, this method must be Deposit Insurance Corporation (FDIC or designated by the EPA as either used in strict accordance with the Receiver), as Receiver for the reference or equivalent methods (as operation or instruction manual institutions listed below, intends to applicable), thereby permitting their use associated with the method and subject terminate its receivership for said under 40 CFR part 58 by States and to any specifications and limitations institutions.
NOTICE OF INTENT TO TERMINATE RECEIVERSHIPS
Date of ap- Fund Receivership name City State pointment of receiver
10528 ...... Fayette County Bank ...... Saint Elmo ...... IL 05/26/2017
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NOTICE OF INTENT TO TERMINATE RECEIVERSHIPS—Continued
Date of ap- Fund Receivership name City State pointment of receiver
10170 ...... Town Community Bank & Trust ...... Antioch ...... IL 01/15/2010 10194 ...... Libertypointe Bank ...... New York ...... NY 03/11/2010 10284 ...... Shorebank ...... Chicago ...... IL 08/20/2010 10210 ...... AmericanFirst Bank ...... Clermont ...... FL 04/16/2010 10213 ...... First Federal Bank of North Florida ...... Palatka ...... FL 04/16/2010 10211 ...... Butler Bank ...... Lowell ...... MA 04/16/2010 10217 ...... Tamalpais Bank ...... San Rafael ...... CA 04/16/2010 10235 ...... Towne Bank of Arizona ...... Mesa ...... AZ 05/07/2010 10237 ...... New Liberty Bank ...... Plymouth ...... MI 05/14/2010 10238 ...... Satilla Community Bank ...... Saint Marys ...... GA 05/14/2010 10353 ...... Bartow County Bank ...... Cartersville ...... GA 04/15/2011 10525 ...... Proficio Bank ...... Cottonwood Heights ...... UT 03/03/2017 10527 ...... Guaranty Bank ...... Milwaukee ...... WI 05/05/2017
The liquidation of the assets for each of the FDIC Building located at 550 17th FEDERAL FINANCIAL INSTITUTIONS receivership has been completed. To the Street NW, Washington, DC. EXAMINATION COUNCIL extent permitted by available funds and STATUS: [Docket No. AS20–01] in accordance with law, the Receiver Closed. will be making a final dividend MATTERS TO BE CONSIDERED: In calling Appraisal Subcommittee Notice of payment to proven creditors. the meeting, the Board determined, on Meeting Based upon the foregoing, the motion of Director Martin J. Gruenberg, Receiver has determined that the seconded by Director Joseph M. Otting AGENCY: Appraisal Subcommittee of the continued existence of the receiverships (Comptroller of the Currency), and Federal Financial Institutions will serve no useful purpose. concurred in by Director Kathleen L. Examination Council. Consequently, notice is given that the Kraninger (Director, Consumer ACTION: Notice of Meeting. receiverships shall be terminated, to be Financial Protection Bureau), and effective no sooner than thirty days after Description: In accordance with Chairman Jelena McWilliams, that Section 1104 (b) of Title XI of the the date of this notice. If any person Corporation business required its wishes to comment concerning the Financial Institutions Reform, Recovery, consideration of the matters which were and Enforcement Act of 1989, as termination of any of the receiverships, to be the subject of this meeting on less such comment must be made in writing, amended, notice is hereby given that the than seven days’ notice to the public; identify the receivership to which the Appraisal Subcommittee (ASC) will that no earlier notice of the meeting was comment pertains, and be sent within meet in closed session: thirty days of the date of this notice to: practicable; that the public interest did Location: Partnership for Public Federal Deposit Insurance Corporation, not require consideration of the matters Service, 1100 New York Avenue NW, Division of Resolutions and in a meeting open to public observation; Suite 200 East, Washington, DC 20005. Receiverships, Attention: Receivership and that the matters could be Date: February 12, 2020. Time: 10:00 a.m. Oversight Department 34.6, 1601 Bryan considered in a closed meeting by Status: Closed. Street, Dallas, TX 75201. authority of subsections (c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of Matters to be Considered: Preliminary No comments concerning the discussion of State Compliance Review. termination of the above-mentioned the ‘‘Government in the Sunshine Act’’ receiverships will be considered which (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Dated: January 29, 2020. are not sent within this time frame. (c)(9)(A)(ii), and (c)(9)(B). James R. Park, Executive Director. (Authority: 12 U.S.C. 1819) CONTACT PERSON FOR MORE INFORMATION: [FR Doc. 2020–01985 Filed 1–31–20; 8:45 am] Federal Deposit Insurance Corporation. Requests for further information Dated at Washington, DC, on January 29, concerning the meeting may be directed BILLING CODE 6700–01–P 2020. to Mr. Annmarie H. Boyd, Assistant Annmarie H. Boyd, Executive Secretary of the Corporation, FEDERAL FINANCIAL INSTITUTIONS Assistant Executive Secretary. at 202–898–7043. EXAMINATION COUNCIL [FR Doc. 2020–02056 Filed 1–31–20; 8:45 am] Dated at Washington, DC, on January 30, [Docket No. AS20–02] BILLING CODE 6714–01–P 2020. Federal Deposit Insurance Corporation. Appraisal Subcommittee Notice of Meeting FEDERAL DEPOSIT INSURANCE Annmarie H. Boyd, CORPORATION Assistant Executive Secretary. AGENCY: Appraisal Subcommittee of the [FR Doc. 2020–02152 Filed 1–30–20; 4:15 pm] Federal Financial Institutions Sunshine Act Meeting BILLING CODE 6714–01–P Examination Council. ACTION: Notice of Meeting. TIME AND DATE: 10:35 a.m. on Thursday, January 30, 2020. Description: In accordance with PLACE: The meeting was held in the Section 1104 (b) of Title XI of the Board Room located on the sixth floor Financial Institutions Reform, Recovery,
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and Enforcement Act of 1989, as describes both the allegations in the heightened security screening. As a amended, notice is hereby given that the complaint and the terms of the consent result, we encourage you to submit your Appraisal Subcommittee (ASC) will order—embodied in the consent comments online through the https:// meet in open session for its regular agreement—that would settle these www.regulations.gov website. meeting: allegations. If you prefer to file your comment on Location: Partnership for Public DATES: Comments must be received on paper, write ‘‘T&M Protection Service, 1100 New York Avenue NW, or before March 4, 2020. Resources, LLC: File No. 192 3092’’ on your comment and on the envelope, and Suite 200 East, Washington, DC 20005. ADDRESSES: Interested parties may file mail your comment to the following Date: February 12, 2020. comments online or on paper, by address: Federal Trade Commission, Time: 10:45 a.m. following the instructions in the Office of the Secretary, 600 Status: Open. Request for Comment part of the Pennsylvania Avenue NW, Suite CC– SUPPLEMENTARY INFORMATION section Reports 5610 (Annex D), Washington, DC 20580; below. Write: ‘‘T&M Protection Chairman or deliver your comment to the Resources, LLC: File No. 192 3092’’ on Executive Director following address: Federal Trade your comment, and file your comment Delegated State Compliance Reviews Commission, Office of the Secretary, online at https://www.regulations.gov by Grants Director Constitution Center, 400 7th Street SW, following the instructions on the web- Financial Manager 5th Floor, Suite 5610 (Annex D), based form. If you prefer to file your Washington, DC 20024. If possible, Notation Vote comment on paper, mail your comment submit your paper comment to the to the following address: Federal Trade Action and Discussion Items Commission by courier or overnight Commission, Office of the Secretary, November 13, 2019 Open Session service. 600 Pennsylvania Avenue NW, Suite Minutes Because your comment will be placed CC–5610 (Annex D), Washington, DC December 12, 2019 Special Meeting on the publicly accessible website at 20580, or deliver your comment to the Minutes https://www.regulations.gov, you are following address: Federal Trade Illinois Appraiser Program Compliance solely responsible for making sure that Commission, Office of the Secretary, Review your comment does not include any Constitution Center, 400 7th Street SW, Reprogramming Request for FY19 ASC sensitive or confidential information. In 5th Floor, Suite 5610 (Annex D), Grants particular, your comment should not Washington, DC 20024. include any sensitive personal How To Attend and Observe an ASC FOR FURTHER INFORMATION CONTACT: information, such as your or anyone Meeting Megan Cox (202–326–2282), Bureau of else’s Social Security number; date of If you plan to attend the ASC Meeting Consumer Protection, Federal Trade birth; driver’s license number or other in person, we ask that you send an Commission, 600 Pennsylvania Avenue state identification number, or foreign email to [email protected]. You may NW, Washington, DC 20580. country equivalent; passport number; register until close of business February SUPPLEMENTARY INFORMATION: Pursuant financial account number; or credit or 7, 2020. The meeting space is intended to Section 6(f) of the Federal Trade debit card number. You are also solely to accommodate public attendees. Commission Act, 15 U.S.C. 46(f), and responsible for making sure that your However, if the space will not FTC Rule 2.34, 16 CFR 2.34, notice is comment does not include any sensitive accommodate all requests, the ASC may hereby given that the above-captioned health information, such as medical refuse attendance on that reasonable consent agreement containing a consent records or other individually basis. The use of any video or audio order to cease and desist, having been identifiable health information. In tape recording device, photographing filed with and accepted, subject to final addition, your comment should not device, or any other electronic or approval, by the Commission, has been include any ‘‘trade secret or any mechanical device designed for similar placed on the public record for a period commercial or financial information purposes is prohibited at ASC Meetings. of thirty (30) days. The following which . . . is privileged or Analysis to Aid Public Comment confidential’’—as provided by Section Dated: January 29, 2020. describes the terms of the consent 6(f) of the FTC Act, 15 U.S.C. 46(f), and James R. Park, agreement and the allegations in the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Executive Director. complaint. An electronic copy of the including in particular competitively [FR Doc. 2020–01986 Filed 1–31–20; 8:45 am] full text of the consent agreement sensitive information such as costs, BILLING CODE 6700–01–P package can be obtained from the FTC sales statistics, inventories, formulas, Home Page (for January 28, 2020), on patterns, devices, manufacturing the World Wide Web, at https:// processes, or customer names. FEDERAL TRADE COMMISSION www.ftc.gov/news-events/commission- Comments containing material for actions. which confidential treatment is [File No. 192 3092] You can file a comment online or on requested must be filed in paper form, T&M Protection Resources, LLC; paper. For the Commission to consider must be clearly labeled ‘‘Confidential,’’ Analysis To Aid Public Comment your comment, we must receive it on or and must comply with FTC Rule 4.9(c). before March 4, 2020. Write ‘‘T&M In particular, the written request for AGENCY: Federal Trade Commission. Protection Resources, LLC: File No. 192 confidential treatment that accompanies ACTION: Proposed Consent Agreement; 3092’’ on your comment. Your the comment must include the factual Request for Comment. comment—including your name and and legal basis for the request, and must your state—will be placed on the public identify the specific portions of the SUMMARY: The consent agreement in this record of this proceeding, including, to comment to be withheld from the public matter settles alleged violations of the extent practicable, on the https:// record. See FTC Rule 4.9(c). Your federal law prohibiting unfair or www.regulations.gov website. comment will be kept confidential only deceptive acts or practices. The attached Postal mail addressed to the if the General Counsel grants your Analysis to Aid Public Comment Commission is subject to delay due to request in accordance with the law and
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the public interest. Once your comment disputes about how the company Parts III through VI of the proposed has been posted on the public FTC handles information about EU citizens. order are reporting and compliance website—as legally required by FTC To participate in the framework, a provisions. Part III requires Rule 4.9(b)—we cannot redact or company must comply with the Privacy acknowledgement of the order and remove your comment from the FTC Shield principles and self-certify that dissemination of the order now and in website, unless you submit a compliance to the U.S. Department of the future to persons with confidentiality request that meets the Commerce (‘‘Commerce’’). Commerce responsibilities relating to the subject requirements for such treatment under reviews companies’ self-certification matter of the order. Part IV ensures FTC Rule 4.9(c), and the General applications and maintains a public notification to the FTC of changes in Counsel grants that request. website, https://www.privacyshield.gov/ corporate status and mandates that the Visit the FTC website at http:// list, where it posts the names of company submit an initial compliance www.ftc.gov to read this Notice and the companies who have completed the report to the FTC. Part V requires the news release describing it. The FTC Act requirements for certification. company to create certain documents and other laws that the Commission Companies are required to recertify relating to its compliance with the order administers permit the collection of every year in order to continue for ten years and to retain those public comments to consider and use in benefitting from Privacy Shield. documents for a five-year period. Part VI this proceeding, as appropriate. The T&M provides background check, mandates that the company make Commission will consider all timely security and investigative services. In available to the FTC information or and responsive public comments that it connection with providing services subsequent compliance reports, as receives on or before March 4, 2020. For relating to background checks, T&M requested. information on the Commission’s obtained personal data about Part VII is a provision ‘‘sun-setting’’ privacy policy, including routine uses individuals in the EU. According to the the order after twenty (20) years, with permitted by the Privacy Act, see Commission’s complaint, T&M certain exceptions. published on its website, https:// https://www.ftc.gov/site-information/ The purpose of this analysis is to aid www.tmprotection.com/privacy-policy, privacy-policy. public comment on the proposed order. a privacy policy containing statements It is not intended to constitute an Analysis of Proposed Consent Order To related to its participation in Privacy official interpretation of the complaint Aid Public Comment Shield. However, T&M allowed its or proposed order, or to modify in any certification to lapse and continued to The Federal Trade Commission way the proposed order’s terms. claim it participated in the Privacy (‘‘Commission’’) has accepted, subject to Shield framework. By direction of the Commission. final approval, an agreement containing The Commission’s proposed three- April J. Tabor, a consent order from T&M Protection count complaint alleges that Acting Secretary. Resources, LLC (‘‘T&M’’ or Respondent violated Section 5(a) of the ‘‘Respondent’’). [FR Doc. 2020–02022 Filed 1–31–20; 8:45 am] Federal Trade Commission Act. BILLING CODE 6750–01–P The proposed consent order Specifically, the proposed complaint (‘‘proposed order’’) has been placed on alleges that Respondent engaged in a the public record for thirty (30) days for deceptive act or practice by falsely receipt of comments by interested DEPARTMENT OF HEALTH AND representing that it was a certified HUMAN SERVICES persons. Comments received during this participant in the EU–U.S. Privacy period will become part of the public Shield Framework. The proposed Agency for Healthcare Research and record. After thirty (30) days, the complaint further alleges that Quality Commission will again review the Respondent engaged in deceptive acts or agreement and the comments received, practices by representing that it Supplemental Evidence and Data and will decide whether it should complied with the framework when in Request on Radiation Therapy for withdraw from the agreement and take fact it had failed to comply with certain Brain Metastases: A Systematic appropriate action or make final the Privacy Shield requirements. Review agreement’s proposed order. Part I of the proposed order prohibits This matter concerns alleged false or the company from making AGENCY: Agency for Healthcare Research misleading representations that T&M misrepresentations about its and Quality (AHRQ), HHS. made concerning its participation in the membership or compliance with any ACTION: Request for Supplemental Privacy Shield framework agreed upon privacy or security program sponsored Evidence and Data Submissions. by the U.S. and the European Union by the government or any self-regulatory (‘‘EU’’). The Privacy Shield framework or standard-setting organization, SUMMARY: The Agency for Healthcare allows for the lawful transfer of personal including, but not limited to, the EU– Research and Quality (AHRQ) is seeking data from the EU to participating U.S. Privacy Shield framework, the scientific information submissions from companies in the U.S. The framework Swiss-U.S. Privacy Shield framework, the public. Scientific information is consists of a set of principles and and the APEC Cross-Border Privacy being solicited to inform our review on related requirements that have been Rules. Radiation Therapy for Brain Metastases: deemed by the European Commission as Part II of the proposed order requires A Systematic Review, which is currently providing ‘‘adequate’’ privacy that the company affirm to Commerce being conducted by the AHRQ’s protection. The principles include that it will either continue to apply the Evidence-based Practice Centers (EPC) notice; choice; accountability for Privacy Shield framework principles to Program. Access to published and onward transfer; security; data integrity any data it received pursuant to unpublished pertinent scientific and purpose limitation; access; and frameworks or protect the information information will improve the quality of recourse, enforcement, and liability. The by another means authorized under EU this review. related requirements include, for or Swiss law, or will delete or return DATES: Submission Deadline on or example, securing an independent such data within ten days after the before 30 days after the date of recourse mechanism to handle any effective date of the order. publication in the Federal Register.
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ADDRESSES: Email submissions: epc@ D For completed studies that do not Key Questions (KQ) ahrq.hhs.gov. have results on ClinicalTrials.gov, a Print submissions: summary, including the following Key Question 1: What is the Mailing Address: Center for Evidence elements: study number, study period, effectiveness of whole brain radiation and Practice Improvement, Agency for design, methodology, indication and therapy (WBRT), alone or in Healthcare Research and Quality, diagnosis, proper use instructions, combination with stereotactic ATTN: EPC SEADs Coordinator, 5600 inclusion and exclusion criteria, radiosurgery (SRS) or systemic Fishers Lane, Mail Stop 06E53A, primary and secondary outcomes, therapies, as initial treatment in patients Rockville, MD 20857, Shipping Address baseline characteristics, number of with brain metastases on patient- (FedEx, UPS, etc.): Center for Evidence patients screened/eligible/enrolled/lost relevant outcomes, such as overall and Practice Improvement, Agency for to follow-up/withdrawn/analyzed, survival and quality of life? Healthcare Research and Quality, effectiveness/efficacy, and safety results. KQ1a. How does effectiveness vary by ATTN: EPC SEADs Coordinator, 5600 D A list of ongoing studies that your dose fractionation schedule and Fishers Lane, Mail Stop 06E77D, organization has sponsored for this technique? Rockville, MD 20857. indication. In the list, please provide the KQ1b. How does effectiveness differ FOR FURTHER INFORMATION CONTACT: ClinicalTrials.gov trial number or, if the by patient prognosis and primary tumor Jenae Benns, Telephone: 301–427–1496 trial is not registered, the protocol for site? or Email: [email protected]. the study including a study number, the KQ1c. How does effectiveness differ SUPPLEMENTARY INFORMATION: The study period, design, methodology, by the addition of systemic therapies? Agency for Healthcare Research and indication and diagnosis, proper use Key Question 2: What is the Quality has commissioned the instructions, inclusion and exclusion effectiveness of SRS/fractionated Evidence-based Practice Centers (EPC) criteria, and primary and secondary stereotactic radiation as initial treatment Program to complete a review of the outcomes. in patients with brain metastases on evidence for Radiation Therapy for D Description of whether the above patient-relevant outcomes, such as Brain Metastases: A Systematic Review. studies constitute ALL Phase II and overall survival and quality of life? AHRQ is conducting this systematic above clinical trials sponsored by your KQ2a. How does effectiveness vary by review pursuant to Section 902(a) of the organization for this indication and an Public Health Service Act, 42 U.S.C. dose fractionation schedule and index outlining the relevant information technique? 299b—37(a). in each submitted file. The EPC Program is dedicated to KQ2b. How does effectiveness differ Your contribution is very beneficial to identifying as many studies as possible by patient prognosis and primary tumor the Program. Materials submitted must that are relevant to the questions for site? be publicly available or able to be made each of its reviews. In order to do so, we KQ2c. How does effectiveness differ public. Materials that are considered are supplementing the usual manual by the addition of systemic therapies? confidential; marketing materials; study and electronic database searches of the types not included in the review; or Key Question 3: What is the literature by requesting information information on indications not included effectiveness (or comparative from the public (e.g., details of studies effectiveness) of postoperative SRS conducted). We are looking for studies in the review cannot be used by the EPC Program. This is a voluntary request for compared to WBRT, observation, or that report on Radiation Therapy for preoperative SRS in patients with brain Brain Metastases: A Systematic Review, information, and all costs for complying with this request must be borne by the metastases on patient-relevant including those that describe adverse outcomes, such as overall survival and events. The entire research protocol is submitter. The draft of this review will be posted quality of life? available online at: https:// KQ3a. How does effectiveness vary by effectivehealthcare.ahrq.gov/products/ on AHRQ’s EPC Program website and dose fractionation schedule? radiation-brain-metastases/protocol available for public comment for a This is to notify the public that the period of 4 weeks. If you would like to Key Question 4: What are the adverse EPC Program would find the following be notified when the draft is posted, effects (i.e., serious harms) of WBRT, information on Radiation Therapy for please sign up for the email list at: SRS, and systemic therapies for patients Brain Metastases: A Systematic Review https:// with brain metastases (either alone or in helpful: www.effectivehealthcare.ahrq.gov/ combination)? D A list of completed studies that email-updates. KQ4a. Do adverse effects vary by your organization has sponsored for this The systematic review will answer the important patient characteristics (i.e., indication. In the list, please indicate following questions. This information is age, performance status, patient whether results are available on provided as background. AHRQ is not prognosis, disease status, primary tumor ClinicalTrials.gov along with the requesting that the public provide site) or dose fractionation schedule and ClinicalTrials.gov trial number. answers to these questions. technique?
PICOTS (POPULATIONS, INTERVENTIONS, COMPARATORS, OUTCOMES, TIMING, SETTINGS)
PICOTS Inclusion Exclusion
Population ...... • Primary research studies that include a majority (50% or more) of adult pa- • Study samples comprising patients tients with metastases in the brain resulting from non-small cell lung cancer, with cancer from other origins or pri- breast cancer, or melanoma. mary brain tumors (e.g., glioblastomas) and pediatric samples. Interventions ...... • Studies evaluating radiation therapy, including WBRT and SRS alone or in • Studies without WBRT or SRS treat- combination, as initial or postoperative treatment, with or without systemic ther- ment arms. apy (immunotherapy and chemotherapy). • Studies based exclusively on pre- 1990 data. • Studies have to report on effects of radiation therapy in the 1990s or later.
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PICOTS (POPULATIONS, INTERVENTIONS, COMPARATORS, OUTCOMES, TIMING, SETTINGS)—Continued
PICOTS Inclusion Exclusion
Comparators ...... • Studies comparing eligible interventions to other eligible interventions or other • Studies comparing only non-interven- management approaches (no intervention; waitlist; delayed intervention [radi- tion features (e.g., comparing two pa- ation to be given at a later time]; placebo; observation, watchful waiting, or sur- tient subgroups). veillance; supportive care, palliative care, or steroid treatment; usual care; sys- temic therapy, immunotherapy, or chemotherapy; WBRT; SRS; surgery; dif- ferent dose fractionation schedules; different radiation therapy approaches; dif- ferent intervention combinations). Outcomes ...... • Studies reporting on patient health outcomes, such as ...... • Studies reporting only on therapy ac- Æ overall survival, progression-free survival recurrence/cancer control (local ceptance, provider variables (e.g., tumor control, intracranial control/complete response, partial response, sta- provider knowledge), organizational ble response of all metastases); measures (e.g., wait times), treatment utilization, or costs. Æ symptom burden, health status or health-related quality of life; Æ functional status (physical, affective or neurocognition functions);. Æ or adverse events, including acute and late toxicity (e.g., radiation ne- crosis, hair loss, or nausea). • Patient health outcomes may include patient- and caregiver-reported out- comes as well as clinical, physician assessed, and hospital record out- comes and measures may include quantitative as well as qualitative re- ports and no restrictions will be imposed regarding the specific measure- ment, metric, aggregation method (e.g., mean, proportion), or timepoint. Timing ...... • Studies will not be limited by the duration of the intervention or the length of • No exclusions apply. follow up. Setting(s) ...... • Inpatient and outpatient settings ...... • Studies in resource-limited settings • Studies may include national and international settings ...... such as developing countries will be reviewed for comparability with US settings. Study design ...... All KQs ...... • Studies without comparator (e.g., case • RCTs ...... studies). • Studies with results published in clinicaltrial.gov will be included regardless • Evaluations reported only in abbre- of whether a journal publication is available. viated format (e.g., in a conference • English-language publications ...... abstract) and that are not registered in KQ4 ...... a research registry. • Prospective experimental and observational studies (including non-ran- • Studies exclusively reported in non- domized clinical trials and cohort studies comparing 2 or more intervention English publications will be retained cohorts) of 200 patients or more or those that report a statistical power as a resource but will not be eligible analysis for adverse events. for inclusion. • Systematic reviews will be retained for reference mining.
Dated: January 29, 2020. Public Law 92–463. The grant Operating Officer, Centers for Disease Virginia L. Mackay-Smith, applications and the discussions could Control and Prevention, has been Associate Director, Office of the Director, disclose confidential trade secrets or delegated the authority to sign Federal AHRQ. commercial property such as patentable Register notices pertaining to [FR Doc. 2020–01996 Filed 1–31–20; 8:45 am] material, and personal information announcements of meetings and other BILLING CODE 4160–90–P concerning individuals associated with committee management activities, for the grant applications, the disclosure of both the Centers for Disease Control and which would constitute a clearly Prevention and the Agency for Toxic DEPARTMENT OF HEALTH AND unwarranted invasion of personal Substances and Disease Registry. HUMAN SERVICES privacy. Kalwant Smagh, Name of Committee: Disease, Centers for Disease Control and Director, Strategic Business Initiatives Unit, Disability, and Injury Prevention and Prevention Office of the Chief Operating Officer, Centers Control Special Emphasis Panel (SEP)– for Disease Control and Prevention. Notice of Closed Meeting SIP20–008, Validation of Self-Reported [FR Doc. 2020–01964 Filed 1–31–20; 8:45 am] Vaccination among Adults. BILLING CODE 4163–18–P Pursuant to section 10(d) of the Date: May 5, 2020. Federal Advisory Committee Act, as Time: 11:00 a.m.–6:00 p.m., EDT. amended, notice is hereby given of the Place: Teleconference. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant following meeting. HUMAN SERVICES The meeting will be closed to the applications. public in accordance with the FOR FURTHER INFORMATION CONTACT: Jaya Centers for Disease Control and provisions set forth in sections Raman, Ph.D., Scientific Review Officer, Prevention 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., CDC, 4770 Buford Highway, Mailstop as amended, and the Determination of F80, Atlanta, Georgia 30341, Telephone: Notice of Closed Meeting the Director, Strategic Business (770) 488–6511, [email protected]. Initiatives Unit, Office of the Chief The Director, Strategic Business Pursuant to section 10(d) of the Operating Officer, CDC, pursuant to Initiatives Unit, Office of the Chief Federal Advisory Committee Act, as
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amended, notice is hereby given of the the Director, Strategic Business disclose confidential trade secrets or following meeting. Initiatives Unit, Office of the Chief commercial property such as patentable The meeting will be closed to the Operating Officer, CDC, pursuant to material, and personal information public in accordance with the Public Law 92–463. The grant concerning individuals associated with provisions set forth in sections applications and the discussions could the grant applications, the disclosure of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., disclose confidential trade secrets or which would constitute a clearly as amended, and the Determination of commercial property such as patentable unwarranted invasion of personal the Director, Strategic Business material, and personal information privacy. Initiatives Unit, Office of the Chief concerning individuals associated with Name of Committee: Disease, Disability, Operating Officer, CDC, pursuant to the grant applications, the disclosure of and Injury Prevention and Control Special Public Law 92–463. The grant which would constitute a clearly Emphasis Panel (SEP)–SIP20–006, applications and the discussions could unwarranted invasion of personal Coordinating Community-Clinical Linkages disclose confidential trade secrets or privacy. With Community Health Workers to Improve Health and Social Outcomes for Adults With commercial property such as patentable Name of Committee: Disease, Disability, material, and personal information and Injury Prevention and Control Special Epilepsy and SIP20–007, Building Capacity concerning individuals associated with Emphasis Panel (SEP)–SIP20–004, Effect of to Describe Epilepsy Burden by Using the grant applications, the disclosure of Survivorship Care Plans on Cancer Mortality Underutilized National and State Data Systems. which would constitute a clearly and SIP20–005, Validity and Reliability of Survey Measures for Lung, Cervical, Breast, Date: May 6, 2020. unwarranted invasion of personal Time: 10:00 a.m.–6:00 p.m., EDT. privacy. and Colorectal Cancer Screening in the Redesigned National Health Interview Place: Teleconference. Name of Committee: Disease, Disability, Survey. Agenda: To review and evaluate grant and Injury Prevention and Control Special Date: April 29, 2020. applications. Emphasis Panel (SEP)–DD15– Time: 10:00 a.m.–6:00 p.m., EDT. For Further Information Contact: Jaya 0030601SUPP20, Using Longitudinal Data to Place: Teleconference. Raman Ph.D., Scientific Review Officer, CDC, Characterize the Natural History of Fragile X Agenda: To review and evaluate grant 4770 Buford Highway, Mailstop F80, Atlanta, Syndrome to Improve Service. applications. Georgia 30341, Telephone: (770) 488–6511, Date: April 2, 2020. For Further Information Contact: Jaya [email protected]. Time: 11:00 a.m.–5:00 p.m., EDT. Raman, Ph.D., Scientific Review Officer, The Director, Strategic Business Initiatives Place: Teleconference. CDC, 4770 Buford Highway, Mailstop F80, Unit, Office of the Chief Operating Officer, Agenda: To review and evaluate grant Atlanta, Georgia 30341, Telephone: (770) Centers for Disease Control and Prevention, applications. 488–6511, [email protected]. has been delegated the authority to sign For Further Information Contact: Jaya The Director, Strategic Business Initiatives Federal Register notices pertaining to Raman Ph.D., Scientific Review Officer, CDC, Unit, Office of the Chief Operating Officer, announcements of meetings and other 4770 Buford Highway, Mailstop F80, Atlanta, Centers for Disease Control and Prevention, committee management activities, for both Georgia 30341, Telephone: (770) 488–6511, has been delegated the authority to sign the Centers for Disease Control and [email protected]. Federal Register notices pertaining to Prevention and the Agency for Toxic The Director, Strategic Business Initiatives announcements of meetings and other Substances and Disease Registry. committee management activities, for both Unit, Office of the Chief Operating Officer, Kalwant Smagh, Centers for Disease Control and Prevention, the Centers for Disease Control and has been delegated the authority to sign Prevention and the Agency for Toxic Director, Strategic Business Initiatives Unit, Federal Register notices pertaining to Substances and Disease Registry. Office of the Chief Operating Officer, Centers for Disease Control and Prevention. announcements of meetings and other Kalwant Smagh, [FR Doc. 2020–01965 Filed 1–31–20; 8:45 am] committee management activities, for both Director, Strategic Business Initiatives Unit, the Centers for Disease Control and Office of the Chief Operating Officer, Centers BILLING CODE 4163–18–P Prevention and the Agency for Toxic for Disease Control and Prevention. Substances and Disease Registry. [FR Doc. 2020–01963 Filed 1–31–20; 8:45 am] DEPARTMENT OF HEALTH AND Kalwant Smagh, BILLING CODE 4163–18–P HUMAN SERVICES Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers Food and Drug Administration for Disease Control and Prevention. DEPARTMENT OF HEALTH AND [FR Doc. 2020–01962 Filed 1–31–20; 8:45 am] HUMAN SERVICES [Docket No. FDA–2020–N–0008] BILLING CODE 4163–18–P Centers for Disease Control and Advisory Committee; Vaccines and Prevention Related Biological Products Advisory DEPARTMENT OF HEALTH AND Committee; Renewal Notice of Closed Meeting HUMAN SERVICES AGENCY: Food and Drug Administration, Pursuant to section 10(d) of the HHS. Centers for Disease Control and Federal Advisory Committee Act, as Prevention ACTION: Notice; renewal of advisory amended, notice is hereby given of the committee. Notice of Closed Meeting following meeting. The meeting will be closed to the SUMMARY: The Food and Drug Pursuant to section 10(d) of the public in accordance with the Administration (FDA) is announcing the Federal Advisory Committee Act, as provisions set forth in sections renewal of the Vaccines and Related amended, notice is hereby given of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Biological Products Advisory following meeting. as amended, and the Determination of Committee by the Commissioner of The meeting will be closed to the the Director, Strategic Business Food and Drugs (the Commissioner). public in accordance with the Initiatives Unit, Office of the Chief The Commissioner has determined that provisions set forth in sections Operating Officer, CDC, pursuant to it is in the public interest to renew the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Public Law 92–463. The grant Vaccines and Related Biological as amended, and the Determination of applications and the discussions could Products Advisory Committee for an
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additional 2 years beyond the charter Special Government Employees. Ex This document is issued under the expiration date. The new charter will be Officio voting members, one each from Federal Advisory Committee Act (5 in effect until December 31, 2021. the Department of Health and Human U.S.C. app.). For general information DATES: Authority for the Vaccines and Services, the Centers for Disease Control related to FDA advisory committees, Related Biological Products Advisory and Prevention, and the National please check https://www.fda.gov/ Committee will expire on December 31, Institutes of Health, may be included. AdvisoryCommittees/default.htm. 2021, unless the Commissioner formally The core of voting members may Dated: January 29, 2020. determines that renewal is in the public include one technically qualified Lowell J. Schiller, interest. member, selected by the Commissioner Principal Associate Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: or designee, who is identified with [FR Doc. 2020–01988 Filed 1–31–20; 8:45 am] Prabhakara Atreya, Division of consumer interests and is recommended Scientific Advisors and Consultants, by either a consortium of consumer- BILLING CODE 4164–01–P Food and Drug Administration, 10903 oriented organizations or other interested persons. In addition to the New Hampshire Ave., Bldg. 71, Rm. DEPARTMENT OF HEALTH AND voting members, the Committee may 6306, Silver Spring, MD 20993–0002, HUMAN SERVICES 240–402–8006, Prabhakara.Atreya@ include one non-voting member who is fda.hhs.gov. identified with industry interests. There Food and Drug Administration may also be an alternate industry SUPPLEMENTARY INFORMATION: Pursuant representative. to 41 CFR 102–3, FDA is announcing [Docket No. FDA–2013–N–0719] the renewal of the Vaccines and Related The Commissioner or designee shall Biological Products Advisory have the authority to select members of Agency Information Collection Committee (the Committee). The other scientific and technical FDA Activities; Submission for Office of Committee is a discretionary Federal advisory committees (normally not to Management and Budget Review; advisory committee established to exceed 10 members) to serve Comment Request; Planning for the provide advice to the Commissioner. temporarily as voting members and to Effects of High Absenteeism To The Committee advises the designate consultants to serve Ensure Availability of Medically Commissioner or designee in temporarily as voting members when: Necessary Drug Products discharging responsibilities as they (1) Expertise is required that is not AGENCY: Food and Drug Administration, relate to helping to ensure safe and available among current voting standing HHS. effective vaccines and related biological members of the Committee (when products for human use and, as additional voting members are added to ACTION: Notice. required, any other product for which the Committee to provide needed expertise, a quorum will be based on the SUMMARY: The Food and Drug FDA has regulatory responsibility. Administration (FDA) is announcing The Committee reviews and evaluates combined total of regular and added that a proposed collection of data concerning the safety, members) or (2) to comprise a quorum information has been submitted to the effectiveness, and appropriate use of when, because of unforeseen Office of Management and Budget vaccines and related biological products circumstances, a quorum is or will be (OMB) for review and clearance under that are intended for use in the lacking. Because of the size of the the Paperwork Reduction Act of 1995. prevention, treatment, or diagnosis of Committee and the variety in the types human diseases and, as required, any of issues that it will consider, FDA may, DATES: Fax written comments on the other products for which FDA has in connection with a particular collection of information by March 4, regulatory responsibility. The Committee meeting, specify a quorum 2020. Committee also considers the quality that is less than a majority of the current ADDRESSES: To ensure that comments on and relevance of FDA’s research voting members. The Agency’s the information collection are received, program, which provides scientific regulations (21 CFR 14.22(d)) authorize OMB recommends that written support for the regulation of these a Committee charter to specify quorum comments be faxed to the Office of products and makes appropriate requirements. Information and Regulatory Affairs, recommendations to the Commissioner. If functioning as a medical device OMB, Attn: FDA Desk Officer, Fax: 202– Pursuant to its Charter, the Committee panel, a non-voting representative of 395–7285, or emailed to oira_ shall consist of a core of 15 voting consumer interests and a non-voting [email protected]. All members, including the Chairperson representative of industry interests will comments should be identified with the (the Chair). Members and the Chair are be included in addition to the voting OMB control number 0910–0675. Also selected by the Commissioner or members. include the FDA docket number found designee from among authorities Further information regarding the in brackets in the heading of this knowledgeable in the fields of most recent charter and other document. immunology, molecular biology, rDNA, information can be found at https:// virology, bacteriology, epidemiology or www.fda.gov/AdvisoryCommittees/ FOR FURTHER INFORMATION CONTACT: biostatistics, vaccine policy, vaccine CommitteesMeetingMaterials/Blood Domini Bean, Office of Operations, safety science, Federal immunization VaccinesandOtherBiologics/ Food and Drug Administration, Three activities, vaccine development VaccinesandRelatedBiologicalProducts White Flint North, 10A–12M, 11601 including translational and clinical AdvisoryCommittee/ucm129571.htm or Landsdown St., North Bethesda, MD evaluation programs, allergy, preventive by contacting the Designated Federal 20852, 301–796–5733, PRAStaff@ medicine, infectious diseases, Officer (see FOR FURTHER INFORMATION fda.hhs.gov. pediatrics, microbiology, and CONTACT). In light of the fact that no SUPPLEMENTARY INFORMATION: In biochemistry. Members will be invited change has been made to the Committee compliance with 44 U.S.C. 3507, FDA to serve for overlapping terms of up to name or description of duties, no has submitted the following proposed 4 years. Almost all non-Federal amendment will be made to 21 CFR collection of information to OMB for members of this Committee serve as 14.100. review and clearance.
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Planning for the Effects of High those products, to develop a written information/search-fda-guidance- Absenteeism To Ensure Availability of Emergency Plan (Plan) for maintaining documents/planning-effects-high- Medically Necessary Drug Products an adequate supply of medically absenteeism-ensure-availability- necessary drug products (MNPs) during OMB Control Number 0910–0675— medically-necessary-drug-products. an emergency that results in high In the Federal Register of October 25, Extension employee absenteeism. The guidance 2019 (84 FR 57448), we published a 60- This information collection supports entitled, ‘‘Planning for the Effects of day notice requesting public comment recommendations found in Agency High Absenteeism to Ensure guidance. Specifically, we have Availability of Medically Necessary on the proposed collection of developed guidance intended to Drug Products,’’ discusses the elements information. No comments were encourage manufacturers of drug and that should be covered by such a Plan, received. therapeutic biological products, and any and is available from our website at: We estimate the burden of this raw materials and components used in https://www.fda.gov/regulatory- collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of Average Activity Number of responses per Total annual burden per Total hours respondents respondent responses response
Activate/deactivate Plan as recommended in the guidance 2 1 2 16 32 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of Average Activity Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeper
Develop initial Plan as recommended in the guidance ...... 70 1 70 250 17,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
As explained in the guidance, we altered procedures, which products’ limit our current burden estimate to provide recommendations for manufacturing will be temporarily updates and maintenance. Accordingly, developing and implementing a written delayed, and any anticipated or we have reduced our estimate by half, Plan, including: (1) Identifying a person potential drug shortages. We assume reasoning that, although it takes fewer or position title (as well as two two notifications (for purposes of this hours for updates and maintenance, designated alternates) with the authority analysis, we consider an activation and new respondents may choose to adopt to activate and deactivate the Plan and a deactivation notification to equal one recommendations found in the make decisions during the emergency; notification) will be submitted to CDER guidance. (2) prioritizing the manufacturer’s drug annually, and assume each notification Dated: January 24, 2020. products based on medical necessity; (3) requires 16 hours to prepare and submit. Lowell J. Schiller, identifying actions that should be taken Finally, the guidance recommends Principal Associate Commissioner for Policy. prior to an anticipated period of high developing a Plan for each individual absenteeism; (4) identifying criteria for [FR Doc. 2020–01992 Filed 1–31–20; 8:45 am] manufacturing facility as well as a BILLING CODE 4164–01–P activating the Plan; (5) performing broader Plan that addresses multiple quality risk assessments to determine sites within the organization. For which manufacturing activities may be purposes of this information collection DEPARTMENT OF HEALTH AND reduced to enable the company to meet analysis, we consider the Plan for an HUMAN SERVICES a demand for MNPs; (6) returning to individual manufacturing facility and normal operations and conducting a the broader Plan to comprise one Plan Food and Drug Administration post-execution assessment of the for each manufacturer. Based on execution outcomes; and (7) testing the available data on the number of [Docket No. FDA–2014–N–1072] Plan. manufacturers that would be covered by Agency Information Collection The guidance also encourages the guidance, we previously estimated Activities; Submission for Office of manufacturers to include and document 70 manufacturers will develop a Plan as Management and Budget Review; procedures in the Plan for notifying the recommended by the guidance (i.e., one Comment Request; Application for FDA Center for Drug Evaluation and Plan per manufacturer, to include all Participation in Food and Drug Research (CDER) when the Plan is manufacturing facilities, sites, and drug Administration Fellowship and activated and when returning to normal products) and that each Plan would take Traineeship Programs operations. The guidance recommends approximately 500 hours to develop. that these notifications occur within 1 Upon development of the plan, AGENCY: Food and Drug Administration, day of a Plan’s activation and within 1 however, we believe fewer hours are HHS. day of a Plan’s deactivation. The necessary to maintain and update it as ACTION: Notice. guidance identifies the information that needed. As FDA issued the guidance in should be included in these 2011, we now assume that most SUMMARY: The Food and Drug notifications, such as which drug respondents have developed the Administration (FDA) is announcing products will be manufactured under recommended plan, and therefore we that a proposed collection of
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information has been submitted to the White Flint North, 10A–12M, 11601 Agency to easily and efficiently elicit Office of Management and Budget Landsdown St., North Bethesda, MD and review information from students (OMB) for review and clearance under 20852, 301–796–8867, PRAStaff@ and healthcare professionals who are the Paperwork Reduction Act of 1995. fda.hhs.gov. interested in becoming involved in DATES: Fax written comments on the SUPPLEMENTARY INFORMATION: In FDA-wide activities. The process will collection of information by March 4, compliance with 44 U.S.C. 3507, FDA reduce the time and cost of submitting 2020. has submitted the following proposed written documentation to the Agency and lessen the likelihood of applications ADDRESSES: To ensure that comments on collection of information to OMB for review and clearance. being misrouted within the Agency mail the information collection are received, system. It will assist the Agency in OMB recommends that written Application for Participation in FDA promoting and protecting the public comments be faxed to the Office of Fellowship and Traineeship Programs; health by encouraging outside persons Information and Regulatory Affairs, OMB Control Number 0910–0780— to share their expertise with FDA. OMB, Attn: FDA Desk Officer, Fax: 202– Revision _ In the Federal Register of October 19, 395–7285, or emailed to oira Sections 1104, 1302, 3301, 3304, 2018 (83 FR 53065), FDA published a [email protected]. All 3320, 3361, 3393, and 3394 of Title 5 of 60-day notice requesting public comments should be identified with the the United States Code authorize comment on the proposed collection of OMB control number 0910–0780. Also Federal Agencies to rate applicants for information. Although one comment include the FDA docket number found Federal jobs. The proposed information was received, it wasn’t responsive to the in brackets in the heading of this collection involves brief online four collection of information topics document. applications completed by applicants solicited and therefore will not be FOR FURTHER INFORMATION CONTACT: applying to FDA’s Fellowship and discussed in this document. Amber Sanford, Office of Operations, Traineeship programs. These voluntary FDA estimates the burden of this Food and Drug Administration, Three online applications will allow the collection of information as follows:
TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of Average Activity Number of responses per Total annual burden per Total hours respondents respondent responses response
Medical Device Fellowship Program ...... 250 1 250 1 250 FDA Traineeship Program ...... 1,000 1 1,000 1 1,000 Reagan-Udall Fellowship at FDA ...... 50 1 50 1 50
Total ...... 1,300 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Because FDA is developing two new DEPARTMENT OF HEALTH AND comment period for this Notice has training programs, Trainee Program and HUMAN SERVICES closed. Reagan-Udell Fellowship, our estimated DATES: Comments on this Information burden for the information collection Health Resources and Services Collection Request must be received no reflects an overall increase of 2 hours. Administration later than March 4, 2020. FDA has removed the Commissioner Agency Information Collection ADDRESSES: Submit your comments, Fellowship and Regulatory Science Activities: Submission to OMB for including the ICR Title, to the desk Internship Program from this officer for HRSA, either by email to Review and Approval; Public Comment _ information collection as the programs Request; The National Health Service OIRA [email protected] or by have been discontinued. Corps Loan Repayment Programs, fax to (202) 395–5806. Dated: January 24, 2020. OMB No. 0912–0127 Revision FOR FURTHER INFORMATION CONTACT: To request a copy of the clearance requests Lowell J. Schiller, AGENCY: submitted to OMB for review, email Lisa Principal Associate Commissioner for Policy. Health Resources and Services Administration (HRSA), Department of Wright-Solomon, the HRSA Information [FR Doc. 2020–01989 Filed 1–31–20; 8:45 am] Health and Human Services (HHS). Collection Clearance Officer at BILLING CODE 4164–01–P [email protected] or call (301) 443– ACTION: Notice. 1984. SUPPLEMENTARY INFORMATION: SUMMARY: In compliance with the Information Collection Request Title: Paperwork Reduction Act of 1995, The National Health Service Corps Loan HRSA submitted an Information Repayment Programs, OMB No. 0915– Collection Request (ICR) to the Office of 0127 Revision. Management and Budget (OMB) for Abstract: The National Health Service review and approval. Comments Corps (NHSC) Loan Repayment Program submitted during the first public review (LRP) was established to assure an of this ICR will be provided to OMB. adequate supply of trained primary care OMB will accept further comments from health professionals to provide services the public during the review and in the neediest Health Professional approval period. OMB may act on Shortage Areas (HPSAs) of the United HRSA’s ICR only after the 30 day States. The NHSC Substance Use
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Disorder (SUD) Workforce LRP and the clinical service site, sponsoring agency, site information will be collected from NHSC Rural Community LRP were recruitment contact, staffing levels, an NHSC Comprehensive Behavioral established to recruit and retain a health service users, charges for services, Health Services Checklist. NHSC sites professional workforce with specific employment policies, and fiscal that do not directly offer all required training and credentials to provide management capabilities. Assistance in behavioral health services must evidence-based SUD treatment in completing these applications may be demonstrate a formal affiliation with a HPSAs. Under these programs, HHS obtained through the appropriate State comprehensive, community-based agrees to repay the qualifying Primary Care Offices and the NHSC. The primary behavioral health setting or educational loans of selected primary information collected on the facility to provide these services. care health professionals. In return, the applications is used for determining the Likely Respondents: Likely health professionals agree to serve for a eligibility of sites for the assignment of respondents include: (1) Licensed specified period of time in an NHSC- NHSC health professionals and to verify primary care medical, dental, and approved site located in a federally- the need for NHSC clinicians. NHSC mental and behavioral health providers designated HPSA approved by the service site approval is valid for 3 years. who are employed or seeking Secretary for LRP participants. A 60-day notice was published in the employment, and are interested in The forms utilized by each LRP Federal Register on July 18, 2019, vol. serving underserved populations; (2) include the following: (1) The NHSC 84, No. 138; pp. 34402–03. There were health care facilities interested in LRP Application, the Authorization for no public comments. participating in the NHSC and becoming Disclosure of Loan Information form, (2) Need and Proposed Use of the an NHSC-approved service site; and (3) the Privacy Act Release Authorization Information: The need and purpose of NHSC sites providing behavioral health form, and if applicable, (3) the this information collection is to assess care services directly, or through a Verification of Disadvantaged an LRP applicant’s eligibility and formal affiliation with a comprehensive Background form, and (4) the Private qualifications for the LRP and to obtain community-based primary behavioral Practice Option form. The first three of information for NHSC site applicants. health setting or facility providing the aforementioned NHSC LRP forms The NHSC LRP application asks for comprehensive behavioral health collect information that is needed for personal, professional and financial/ services. selecting participants and repaying loan information. qualifying educational loans. The last The proposed revisions in this ICR Burden Statement: Burden in this referenced form, the Private Practice include asking applicants to provide context means the time expended by Option Form, is needed to collect their educational information on the persons to generate, maintain, retain, information for all participants who completion of advanced training such as disclose or provide the information have applied for that service option. the Primary Care Training and requested. This includes the time NHSC-approved sites are health care Enhancement (PCTE) Champion needed to review instructions; to facilities that provide comprehensive fellowship. To identify the PCTE develop, acquire, install, and utilize outpatient, ambulatory, primary health Champions, the NHSC will require technology and systems for the purpose care services to populations residing in applicants to respond to the following of collecting, validating, and verifying HPSAs. Related in-patient services may additional questions and submit their information, processing and be provided by NHSC-approved Critical National Practitioner Identifier (NPI): maintaining information, and disclosing Access Hospitals and Indian Health (1) Have you completed a fellowship? and providing information; to train Service hospitals. In order to become an (2) Applicants who selected ‘‘yes’’ to personnel and to be able to respond to NHSC-approved site, new sites must the question above are required to a collection of information; to search submit a Site Application for review submit the NPI number. data sources; to complete and review and approval. Existing NHSC-approved NHSC policy requires behavioral the collection of information; and to sites are required to complete a Site health providers to practice in a transmit or otherwise disclose the Recertification Application every 3 community-based setting that provides information. The total annual burden years in order to maintain their NHSC- access to comprehensive behavioral hours estimated for this ICR are approved status. Both the NHSC Site health services. Accordingly, for those summarized in the table below. Application and Site Recertification sites seeking to be assigned behavioral Total Estimated Annualized Burden Application request information on the health NHSC participants, additional Hours:
Average Number of Number of Total burden per Total Form name respondents responses per responses response burden hours respondent (in hours)
NHSC LRP Application ...... 9,020 1 9,020 1.00 9,020 Authorization for Disclosure of Loan Information Form ...... 7,150 1 7,150 .10 715 Privacy Act Release Authorization Form ...... 303 1 303 .10 30 Verification of Disadvantaged Background Form ...... 660 1 660 .50 330 Private Practice Option Form ...... 330 1 330 .10 33 NHSC Comprehensive Behavioral Health Services Check- list ...... 4,400 1 4,400 .13 572 NHSC Site Application (including recertification) ...... 4,070 1 4,070 .50 2,035
Total ...... 25,933 ...... 25,933 ...... 12,735
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Maria G. Button, Part F Dental Services Report, OMB No. collecting this information annually is Director, Executive Secretariat. 0915–0151—Extension. to verify applicant eligibility and [FR Doc. 2020–01933 Filed 1–31–20; 8:45 am] Abstract: The Dental Reimbursement determine reimbursement amounts for BILLING CODE 4165–15–P Program (DRP) and the Community DRP applicants as well as to document Based Dental Partnership Program the program accomplishments of (CBDPP) under Part F of the Ryan White CBDDP grant recipients. This DEPARTMENT OF HEALTH AND HIV/AIDS Program (RWHAP) offer information also allows HRSA to learn HUMAN SERVICES funding to accredited dental education about (1) the extent of the involvement programs to support the education and of dental schools and programs in Health Resources and Services training of oral health providers in HIV treating patients with HIV, (2) the Administration oral health care, and reimbursement for number and characteristics of clients the provision of oral health services for Agency Information Collection who receive RWHAP supported oral people eligible for the RWHAP. health services, (3) the types and Activities: Proposed Collection: Public Institutions eligible for the RWHAP DRP Comment Request Information frequency of the provision of these and CBDPP are accredited schools of services, (4) the non-reimbursed costs of Collection Request Title: Ryan White dentistry and other accredited dental oral health care provided to patients HIV/AIDS Program Part F Dental education programs, such as dental with HIV, and (5) the scope of grant Services Report, OMB No. 0915–0151— hygiene programs or those sponsored by recipients’ community-based Extension a school of dentistry, a hospital, or a collaborations and training of providers. public or private institution that offers AGENCY: Health Resources and Services In addition to meeting the goal of postdoctoral training in the specialties Administration (HRSA), Department of of dentistry, advanced education in accountability to Congress, patients, Health and Human Services. general dentistry, or a dental general community-based organizations, and the ACTION: Notice. practice residency. The DRP general public, information collected in Application for the Notice of Funding the DSR is critical for HRSA and for SUMMARY: In compliance with the Opportunity includes the Dental recipients to help assess the status of requirement for opportunity for public Services Report (DSR) that applicants existing HIV-related health service comment on proposed data collection use to apply for funding of non- delivery systems. projects of the Paperwork Reduction Act reimbursed costs incurred in providing Likely Respondents: Accredited of 1995, HRSA announces plans to oral health care to patients with HIV schools of dentistry and other submit an Information Collection and to report annual program data. accredited dental education programs, Request (ICR), described below, to the Awards are authorized under section such as dental hygiene programs or Office of Management and Budget 2692(b) of the Public Health Service Act those sponsored by a school of (OMB). Prior to submitting the ICR to (42 U.S.C. 300ff–111(b)). The DSR dentistry, a hospital, or a public or OMB, HRSA seeks comments from the collects data on program information, private institution that offers public regarding the burden estimate, client demographics, oral health postdoctoral training in the specialties below, or any other aspect of the ICR. services, funding, and training. It also of dentistry, advanced education in DATES: Comments on this ICR should be requests applicants to provide narrative general dentistry, or a dental general received no later than April 3, 2020. descriptions of their services and practice residency. ADDRESSES: Submit your comments to facilities as well as their links and collaboration with community-based Burden Statement: Burden in this [email protected] or mail the HRSA context means the time expended by Information Collection Clearance providers of oral health services. There are minor revisions to 12 data persons to generate, maintain, retain, Officer, Room 14N136B, 5600 Fishers disclose, or provide the information Lane, Rockville, MD 20857. elements in the DSR to be consistent with other HRSA RWHAP grant requested. This includes the time FOR FURTHER INFORMATION CONTACT: To recipient data that are submitted. For needed to review instructions; to request more information on the example, the response options for the develop, acquire, install, and utilize proposed project or to obtain a copy of data element for gender would be technology and systems for the purpose the data collection plans and draft expanded to include transgender of collecting, validating, and verifying instruments, email [email protected] options; and the age ranges for the data information, processing and or call Lisa Wright-Solomon, the HRSA element age would be changed to align maintaining information, and disclosing Information Collection Clearance Officer with how data are submitted for the and providing information; to train at (301) 443–1984. Ryan White HIV/AIDS Program Services personnel and to be able to respond to SUPPLEMENTARY INFORMATION: When Report. In addition, response options for a collection of information; to search submitting comments or requesting ten other data elements would be data sources; to complete and review information, please include the reworded or deleted for alignment. the collection of information; and to information request collection title for These changes would not affect burden transmit or otherwise disclose the reference. as they are minor. information. The total annual burden Information Collection Request Title: Need and Proposed Use of the hours estimated for this ICR are HRSA’s Ryan White HIV/AIDS Program Information: The primary purpose of summarized in the table below.
TOTAL ESTIMATED ANNUALIZED BURDEN HOURS
Average Type of Number of Number of Total burden per Total burden Form name respondent respondents responses per responses response hours respondent (in hours)
Dental Services Report ...... DRP ...... 56 1 56 45 2,520
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TOTAL ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Type of Number of Number of Total burden per Total burden Form name respondent respondents responses per responses response hours respondent (in hours)
CBDPP ...... 12 1 12 39 468
Total ...... 68 ...... 68 ...... 2,988
HRSA specifically requests comments Complementary and Integrative Health, 6707 The meeting will be closed to the on (1) the necessity and utility of the Democracy Boulevard, Room 401, Bethesda, public in accordance with the proposed information collection for the MD 20892, 301–451–3849, ashlee.tipton@ provisions set forth in sections proper performance of the agency’s nih.gov. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., functions, (2) the accuracy of the (Catalogue of Federal Domestic Assistance as amended. The grant applications and estimated burden, (3) ways to enhance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, the discussions could disclose the quality, utility, and clarity of the National Institutes of Health, HHS) confidential trade secrets or commercial information to be collected, and (4) the property such as patentable material, use of automated collection techniques Dated: January 28, 2020. and personal information concerning or other forms of information Ronald J. Livingston, Jr., individuals associated with the grant technology to minimize the information Program Analyst, Office of Federal Advisory applications, the disclosure of which collection burden. Committee Policy. would constitute a clearly unwarranted [FR Doc. 2020–01925 Filed 1–31–20; 8:45 am] Maria G. Button, invasion of personal privacy. BILLING CODE 4140–01–P Director, Executive Secretariat. Name of Committee: National Center for [FR Doc. 2020–01907 Filed 1–31–20; 8:45 am] Complementary and Integrative Health Special Emphasis Panel; NCCIH Training and BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND Education Review Panel (CT). HUMAN SERVICES Date: March 26–27, 2020. Time: 10:00 a.m. to 5:00 p.m. DEPARTMENT OF HEALTH AND National Institutes of Health Agenda: To review and evaluate grant HUMAN SERVICES applications. National Cancer Institute; Cancellation Place: National Institutes of Health, Two National Institutes of Health of Meeting Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual National Center for Complementary & Notice is hereby given of the cancellation of the Frederick National Meeting). Integrative Health; Notice of Closed Contact Person: Jessica Marie McKlveen, Meeting Laboratory Advisory Committee to the Ph.D., Scientific Review Officer, Office of National Cancer Institute, February 19, Scientific Review, Division of Extramural Pursuant to section 10(d) of the 2020, 1:00 p.m. to February 19, 2020, Activities, NCCIH, NIH, 6707 Democracy Federal Advisory Committee Act, as 5:00 p.m., National Cancer Institute Boulevard, Suite 401, Bethesda, MD 20892– amended, notice is hereby given of the Shady Grove, 9609 Medical Center 547 [email protected]. following meeting. Drive, TE406, Rockville, MD 20850 (Catalogue of Federal Domestic Assistance The meeting will be closed to the which was published in the Federal Program Nos. 93.213, Research and Training public in accordance with the Register on December 18, 2019, 84 FR in Complementary and Alternative Medicine, provisions set forth in sections 69385. National Institutes of Health, HHS) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., This meeting is cancelled due to Dated: January 28, 2020. as amended. The grant applications and scheduling conflicts and will not be Ronald J. Livingston, Jr., the discussions could disclose rescheduled. Program Analyst, Office of Federal Advisory confidential trade secrets or commercial Dated: January 28, 2020. Committee Policy. property such as patentable material, Melanie J. Pantoja, [FR Doc. 2020–01927 Filed 1–31–20; 8:45 am] and personal information concerning individuals associated with the grant Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. applications, the disclosure of which would constitute a clearly unwarranted [FR Doc. 2020–01924 Filed 1–31–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND invasion of personal privacy. HUMAN SERVICES Name of Committee: National Center for Complementary and Integrative Health DEPARTMENT OF HEALTH AND National Institutes of Health Special Emphasis Panel; Preclinical HUMAN SERVICES Screening for Natural Product Drug National Center for Complementary & Interactions. National Institutes of Health Integrative Health; Notice of Closed Date: April 2–3, 2020. Meeting Time: 5:00 p.m. to 12:00 p.m. National Center for Complementary Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. and Integrative Health; Notice of Closed Meeting Federal Advisory Committee Act, as Place: Gaithersburg Marriott amended, notice is hereby given of the Washingtonian Center, 9751 Washingtonian Boulevard, Gaithersburg, MD 20878. Pursuant to section 10(d) of the following meeting. Contact Person: Ashlee Tipton, Ph.D., Federal Advisory Committee Act, as The meeting will be closed to the Scientific Review Officer, Division of amended, notice is hereby given of the public in accordance with the Extramural Activities, National Center for following meeting. provisions set forth in sections
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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., alcohol, illicit substances, and illicit use SAMHSA Desk Officer at the Office of as amended. The grant applications and of prescription drugs. The results are Information and Regulatory Affairs, the discussions could disclose used by SAMHSA, the Office of Office of Management and Budget confidential trade secrets or commercial National Drug Control Policy (ONDCP), (OMB). To ensure timely receipt of property such as patentable material, federal government agencies, and other comments, and to avoid potential delays and personal information concerning organizations and researchers to in OMB’s receipt and processing of mail individuals associated with the grant establish policy, direct program sent through the U.S. Postal Service, applications, the disclosure of which activities, and better allocate resources. commenters are encouraged to submit would constitute a clearly unwarranted Methodological tests will continue to their comments to OMB via email to: invasion of personal privacy. be designed to examine the feasibility, [email protected]. quality, and efficiency of new Name of Committee: National Center for Although commenters are encouraged to Complementary and Integrative Health procedures or revisions to existing send their comments via email, Special Emphasis Panel; Center of Excellence survey protocol. Specifically, the tests commenters may also fax their for Natural Product Drug Interaction will measure the reliability and validity comments to: 202–395–7285. Research. of certain questionnaire sections and Commenters may also mail them to: Date: April 2, 2020. items through multiple measurements Office of Management and Budget, Time: 8:00 a.m. to 3:00 p.m. on a set of respondents; assess new Office of Information and Regulatory Agenda: To review and evaluate grant methods for gaining cooperation and Affairs, New Executive Office Building, applications. participation of respondents with the Place: Gaithersburg Marriott Room 10102, Washington, DC 20503. Washingtonian Center, 9751 Washingtonian goal of increasing response and Jennifer Wilson, Boulevard, Gaithersburg, MD 20878. decreasing potential bias in the survey Contact Person: Ashlee Tipton, Ph.D., estimates; and assess the impact of new Budget Analyst. Scientific Review Officer, Division of sampling techniques and technologies [FR Doc. 2020–02023 Filed 1–31–20; 8:45 am] Extramural Activities, National Center for on respondent behavior and reporting. BILLING CODE 4162–20–P Complementary and Integrative Health, 6707 Research will involve focus groups, Democracy Boulevard, Room 401, Bethesda, cognitive laboratory testing, customer MD 20892, 301–451–3849, ashlee.tipton@ satisfaction surveys, and field tests. nih.gov. DEPARTMENT OF HOMELAND These methodological tests will SECURITY (Catalogue of Federal Domestic Assistance continue to examine ways to increase Program Nos. 93.213, Research and Training data quality, lower operating costs, and in Complementary and Alternative Medicine, Federal Emergency Management National Institutes of Health, HHS) gain a better understanding of sources Agency and effects of nonsampling error on Dated: January 28, 2020. NSDUH estimates. Particular attention [Docket ID FEMA–2020–0002] Ronald J. Livingston, Jr., will be given to minimizing the impact Program Analyst, Office of Federal Advisory of design changes so survey data Changes in Flood Hazard Committee Policy. continue to remain comparable over Determinations [FR Doc. 2020–01928 Filed 1–31–20; 8:45 am] time. If these tests provide successful AGENCY: Federal Emergency BILLING CODE 4140–01–P results, current procedures or data Management Agency, DHS. collection instruments may be revised. The number of respondents to be ACTION: Notice. DEPARTMENT OF HEALTH AND included in each field test will vary, SUMMARY: HUMAN SERVICES New or modified Base (1- depending on the nature of the subject percent annual chance) Flood being tested and the target population. Elevations (BFEs), base flood depths, Substance Abuse and Mental Health However, the total estimated response Services Administration Special Flood Hazard Area (SFHA) burden is 8,225 hours. The exact boundaries or zone designations, and/or Agency Information Collection number of subjects and burden hours for regulatory floodways (hereinafter Activities: Submission for OMB each test are unknown at this time, but referred to as flood hazard Review; Comment Request will be clearly outlined in each determinations) as shown on the individual submission. These estimated indicated Letter of Map Revision Periodically, the Substance Abuse and burden hours are distributed over three (LOMR) for each of the communities Mental Health Services Administration years as follows: listed in the table below are finalized. (SAMHSA) will publish a summary of Each LOMR revises the Flood Insurance information collection requests under TABLE 1—ESTIMATED BURDEN FOR Rate Maps (FIRMs), and in some cases OMB review, in compliance with the NSDUH METHODOLOGICAL FIELD the Flood Insurance Study (FIS) reports, Paperwork Reduction Act (44 U.S.C. TESTS currently in effect for the listed Chapter 35). To request a copy of these communities. The flood hazard documents, call the SAMHSA Reports Respondent determinations modified by each LOMR Clearance Officer on (240) 276–0361. Time period burden hours will be used to calculate flood insurance Project: 2020–2023 National Survey on premium rates for new buildings and Drug Use and Health: Methodological May 2020 to May 2021 ...... 2,742 their contents. Field Tests (OMB No. 0930–0290)— May 2021 to May 2022 ...... 2,742 DATES: Each LOMR was finalized as in May 2022 to May 2023 ...... 2,741 Extension the table below. The National Survey on Drug Use and Total ...... 8,225 ADDRESSES: Each LOMR is available for Health (NSDUH) is a survey of the U.S. inspection at both the respective civilian, non-institutionalized Written comments and Community Map Repository address population aged 12 years old or older. recommendations concerning the listed in the table below and online The data are used to determine the proposed information collection should through the FEMA Map Service Center prevalence of use of tobacco products, be sent by March 4, 2020 to the at https://msc.fema.gov.
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FOR FURTHER INFORMATION CONTACT: Rick Protection Act of 1973, 42 U.S.C. 4105, stricter requirements of its own or Sacbibit, Chief, Engineering Services and are in accordance with the National pursuant to policies established by other Branch, Federal Insurance and Flood Insurance Act of 1968, 42 U.S.C. Federal, State, or regional entities. Mitigation Administration, FEMA, 400 4001 et seq., and with 44 CFR part 65. This new or modified flood hazard C Street SW, Washington, DC 20472, For rating purposes, the currently determinations are used to meet the (202) 646–7659, or (email) effective community number is shown floodplain management requirements of [email protected]; or visit and must be used for all new policies the NFIP and are used to calculate the the FEMA Map Information eXchange and renewals. appropriate flood insurance premium (FMIX) online at https:// The new or modified flood hazard _ rates for new buildings, and for the www.floodmaps.fema.gov/fhm/fmx information is the basis for the contents in those buildings. The main.html. floodplain management measures that changes in flood hazard determinations SUPPLEMENTARY INFORMATION: The the community is required either to are in accordance with 44 CFR 65.4. adopt or to show evidence of being Federal Emergency Management Agency Interested lessees and owners of real already in effect in order to remain (FEMA) makes the final flood hazard property are encouraged to review the qualified for participation in the determinations as shown in the LOMRs final flood hazard information available National Flood Insurance Program for each community listed in the table at the address cited below for each (NFIP). below. Notice of these modified flood community or online through the FEMA This new or modified flood hazard hazard determinations has been Map Service Center at https:// information, together with the published in newspapers of local msc.fema.gov. circulation and 90 days have elapsed floodplain management criteria required since that publication. The Deputy by 44 CFR 60.3, are the minimum that (Catalog of Federal Domestic Assistance No. Associate Administrator for Insurance are required. They should not be 97.022, ‘‘Flood Insurance.’’) and Mitigation has resolved any appeals construed to mean that the community Michael M. Grimm, resulting from this notification. must change any existing ordinances Assistant Administrator for Risk The modified flood hazard that are more stringent in their Management, Department of Homeland determinations are made pursuant to floodplain management requirements. Security, Federal Emergency Management section 206 of the Flood Disaster The community may at any time enact Agency.
Location and case Chief executive Date of Community State and county No. officer of community Community map repository modification No.
Arizona: Maricopa City of Buckeye (19– The Honorable Jackie A. Meck, Mayor, Engineering Department, 530 Nov. 22, 2019 ...... 040039 (FEMA Dock- 09–0337P). City of Buckeye, 530 East Monroe Ave- East Monroe Avenue, Buck- et No.: B– nue, Buckeye, AZ 85326. eye, AZ 85326. 1956). Maricopa City of Mesa (19– The Honorable John Giles, Mayor, City of City Hall, Engineering Depart- Dec. 30, 2019 ...... 040048 (FEMA Dock- 09–0940P). Mesa, P.O. Box 1466, Mesa, AZ ment, 20 East Main Street et No.: B– 85211. #500, Mesa, AZ 85201. 1960). Maricopa Town of Fountain The Honorable Ginny Dickey, Mayor, Town Hall, 16705 East Avenue Nov. 29, 2019 ...... 040135 (FEMA Dock- Hills (18–09– Town of Fountain Hills, 16705 East Av- of The Fountains, Fountain et No.: B– 2286P). enue of The Fountains, Fountain Hills, Hills, AZ 85268. 1956). AZ 85268. Pima (FEMA City of Tucson (19– The Honorable Jonathan Rothschild, Planning and Development Nov. 18, 2019 ...... 040076 Docket No.: 09–0058P). Mayor, City of Tucson, City Hall, 255 Services, Public Works B–1953). West Alameda Street, 10th Floor, Tuc- Building, 201 North Stone son, AZ 85701. Avenue, Tucson, AZ 85701. Pima (FEMA Unincorporated The Honorable Richard Elias, Chairman, Pima County Flood Control Nov. 18, 2019 ...... 040073 Docket No.: Areas of Pima Board of Supervisors, Pima County, District, 201 North Stone Av- B–1953). County (19–09– 130 West Congress Street, 11th Floor, enue, 9th Floor, Tucson, AZ 0058P). Tucson, AZ 85701. 85701. Santa Cruz Unincorporated The Honorable Rudy Molera, Chairman, Santa Cruz County Flood Con- Dec. 16, 2019 ...... 040090 (FEMA Dock- Areas of Santa Board of Supervisors, Santa Cruz trol District, Gabilondo- et No.: B– Cruz County (19– County, 2150 North Congress Drive, Zehentner Building, 275 Rio 1960). 09–1888P). Nogales, AZ 85621. Rico Drive, Rio Rico, AZ 85648. California: Kern (FEMA City of Delano (17– The Honorable Joe E. Aguirre, Mayor, Community Development, 1015 Dec. 12, 2019 ...... 060078 Docket No.: 09–2119P). City of Delano, 1015 11th Avenue, 11th Avenue, Delano, CA B–1960). Delano, CA 93215. 93215. Kern (FEMA Unincorporated The Honorable David Couch, Chairman, Kern County Planning Depart- Dec. 12, 2019 ...... 060075 Docket No.: Areas of Kern Board of Supervisors, Kern County, ment, 2700 M Street, Suite B–1960). County (17–09– 1115 Truxtun Avenue, 5th Floor, Ba- 100, Bakersfield, CA 93301. 2119P). kersfield, CA 93301. Napa (FEMA Unincorporated The Honorable Ryan Gregory, Chairman, Napa County, Public Works Nov. 4, 2019 ...... 060205 Docket No.: Areas of Napa Board of Supervisors, Napa County, Department, 1195 3rd Street, B–1953). County (18–09– 1195 3rd Street, Suite 310, Napa, CA Suite 101, Napa, CA 94559. 1735P). 94559. Orange (FEMA City of Fountain Val- The Honorable Steve Nagel, Mayor, City City Hall, 10200 Slater Avenue, Nov. 15, 2019 ...... 060218 Docket No.: ley (19–09– of Fountain Valley, 10200 Slater Ave- Fountain Valley, CA 92708. B–1953). 0812P). nue, Fountain Valley, CA 92708. Orange (FEMA City of Huntington The Honorable Erik Peterson, Mayor, City City Hall, 2000 Main Street, Nov. 15, 2019 ...... 065034 Docket No.: Beach (19–09– of Huntington Beach, 2000 Main Street, Huntington Beach, CA B–1953). 0812P). Huntington Beach, CA 92648. 92648. Orange (FEMA City of Westminster The Honorable Tri Ta, Mayor, City of City Hall, 8200 Westminster Nov. 15, 2019 ...... 060237 Docket No.: (19–09–0812P). Westminster, 8200 Westminster Boule- Boulevard, Westminster, CA B–1953). vard, Westminster, CA 92683. 92683.
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Location and case Chief executive Date of Community State and county No. officer of community Community map repository modification No.
Orange (FEMA Unincorporated The Honorable Lisa A. Bartlett, Chair, Orange County Flood Control Nov. 15, 2019 ...... 060212 Docket No.: Areas of Orange Board of Supervisors, Orange County, Division, H.G. Osborne B–1953). County (19–09– 333 West Santa Ana Boulevard, Santa Building, 300 North Flower 0812P). Ana, CA 92701. Street 7th Floor, Santa Ana, CA 92703. Riverside Agua Caliente Band The Honorable Jeff L. Grubbe, Chairman, Tribal Administrative Office, Nov. 29, 2019 ...... 060763 (FEMA Dock- of Cahuilla Indian Agua Caliente Band of Cahuilla Indi- Planning and Natural Re- et No.: B– Reservation (18– ans, 5401 Dinah Shore Drive, Palm sources, 5401 Dinah Shore 1956). 09–1802P). Springs, CA 92264. Drive, Palm Springs, CA 92264. Riverside City of Cathedral The Honorable Mark Carnevale, Mayor, Engineering Department, Nov. 29, 2019 ...... 060704 (FEMA Dock- City (18–09– City of Cathedral City, 68700 Avenida 68700 Avenida Lalo Guer- et No.: B– 1802P). Lalo Guerrero, Cathedral City, CA rero, Cathedral City, CA 1956). 92234. 92234. Riverside City of Lake Elsinore The Honorable Steve Manos, Mayor, City Engineering Division, 130 Dec. 9, 2019 ...... 060636 (FEMA Dock- (19–09–0548P). of Lake Elsinore, 130 South Main South Main Street, Lake et No.: B– Street, Lake Elsinore, CA 92530. Elsinore, CA 92530. 1956). Riverside City of Palm Springs The Honorable Robert Moon, Mayor, City Public Works and Engineering Nov. 29, 2019 ...... 060257 (FEMA Dock- (18–09–1802P). of Palm Springs, 3200 East Tahquitz Department, 3200 East et No.: B– Canyon Way, Palm Springs, CA 92262. Tahquitz Canyon Way, Palm 1956). Springs, CA 92262. Riverside City of Rancho Mi- The Honorable Iris Smotrich, Mayor, City City Hall, 69825 Highway 111, Nov. 29, 2019 ...... 060259 (FEMA Dock- rage (18–09– of Rancho Mirage, 69825 Highway 111, Rancho Mirage, CA 92270. et No.: B– 1802P). Rancho Mirage, CA 92270. 1956). Riverside City of Wildomar The Honorable Marsha Swanson, Mayor, City Hall, 23873 Clinton Keith Dec. 9, 2019 ...... 060221 (FEMA Dock- (19–09–0548P). City of Wildomar, 23873 Clinton Keith Road, Suite 201, Wildomar, et No.: B– Road, Suite 201, Wildomar, CA 92595. CA 92595. 1956). San Bernardino City of San The Honorable John Valdivia, Mayor, City City Hall, 290 North D Street, Nov. 22, 2019 ...... 060281 (FEMA Dock- Bernardino (18– of San Bernardino, 290 North D Street, San Bernardino, CA 92401. et No.: B– 09–1543P). San Bernardino, CA 92401. 1956). San Luis Obispo City of San Luis The Honorable Heidi Harmon, Mayor, City City Hall, 990 Palm Street, San Nov. 14, 2019 ...... 060310 (FEMA Dock- Obispo (19–09– of San Luis Obispo, 990 Palm Street, Luis Obispo, CA 93401. et No.: B– 0399P). San Luis Obispo, CA 93401. 1956). Santa Clara City of San Jose The Honorable Sam Liccardo, Mayor, City Department of Public Works, Dec. 3, 2019 ...... 060349 (FEMA Dock- (19–09–1253P). of San Jose, 200 East Santa Clara 200 East Santa Clara Street et No.: B– Street, 18th Floor, San Jose, CA Tower, 5th Floor, San Jose, 1956). 95113. CA 95113. Santa Clara City of Santa Clara The Honorable Lisa M. Gillmor, Mayor, Planning and Inspection De- Dec. 19, 2019 ...... 060350 (FEMA Dock- (19–09–0759P). City of Santa Clara, 1500 Warburton partment, 1500 Warburton et No.: B– Avenue, Santa Clara, CA 95050. Avenue, Santa Clara, CA 1960). 95050. Florida: Clay (FEMA Unincorporated The Honorable Mike Cella, Chairman, Clay County, Public Works De- Nov. 22, 2019 ...... 120064 Docket No.: Areas of Clay Clay County Board of County Commis- partment, 5 Esplanade Ave- B–1953). County (19–04– sioners, P.O. Box 1366, Green Cove nue, Green Cove Springs, FL 3655P). Springs, FL 32043. 32043. St. Johns Unincorporated The Honorable Paul M. Waldron, Chair, St. Johns County Permit Cen- Nov. 14, 2019 ...... 125147 (FEMA Dock- Areas of St. Johns Board of County Commissioners, St. ter, 4040 Lewis Speedway, et No.: B– County (19–04– Johns County Administration Building, St. Augustine, FL 32084. 1953). 2832P). 500 San Sebastian View, St. Augus- tine, FL 32084. St. Johns Unincorporated The Honorable Paul M. Waldron, Chair, St. Johns County Permit Cen- Dec. 19, 2019 ...... 125147 (FEMA Dock- Areas of St. Johns Board of County Commissioners, St. ter, 4040 Lewis Speedway, et No.: B– County (19–04– Johns County Administration Building, St. Augustine, FL 32084. 1960). 4306P). 500 San Sebastian View, St. Augus- tine, FL 32084. Walton (FEMA Unincorporated Mr. Trey Nick, District 4 Commissioner, Walton County Courthouse Oct. 17, 2019 ...... 120317 Docket No.: Areas of Walton 263 Chaffin Avenue, DeFuniak Springs, Annex, 47 North 6th Street, B–1949). County (19–04– FL 32433. DeFuniak Springs, FL 32435. 0237P). Hawaii: Honolulu City and County of The Honorable Kirk Caldwell, Mayor, City Honolulu City and County De- Nov. 25, 2019 ...... 150001 (FEMA Docket Honolulu (18–09– and County of Honolulu, 530 South partment of Planning and No.: B–1956). 2230P). King Street, Room 306, Honolulu, HI Permitting, 650 South King 96813. Street, Honolulu, HI 96813. Idaho: Ada (FEMA City of Meridian (19– The Honorable Tammy De Weerd, Mayor, Public Works Department, 660 Nov. 22, 2019 ...... 160180 Docket No.: 10–0285P). City of Meridian, Meridian City Hall, 33 East Water Tower Lane, Me- B–1956). East Broadway Avenue, Suite 300, Me- ridian, ID 83642. ridian, ID 83642. Canyon (FEMA City of Nampa (19– The Honorable Debbie Kling, Mayor, City City Hall, 411 3rd Street South, Dec. 11, 2019 ...... 160038 Docket No.: 10–0247P). of Nampa, 411 3rd Street South, Nampa, ID 83651. B–1960). Nampa, ID 83651. Latah (FEMA City of Moscow (18– The Honorable Bill Lambert, Mayor, City Paul Mann Building, 221 East Nov. 20, 2019 ...... 160090 Docket No.: 10–1024P). of Moscow, P.O. Box 9203, Moscow, ID 2nd Street, Moscow, ID B–1953). 83843. 83843.
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Location and case Chief executive Date of Community State and county No. officer of community Community map repository modification No.
Latah FEMA Unincorporated Mr. Tom Lamar, Chairperson, Latah Latah County Courthouse, 522 Dec. 5, 2019 ...... 160086 Docket No.: Areas of Latah County Board of Commissioners, P.O. South Adams Street, Mos- B–1956). County (19–10– Box 8068, Moscow, ID 83843. cow, ID 83843. 0327P) Illinois: DuPage (FEMA City of Warrenville The Honorable David L. Brummel, Mayor, City Hall, 28W701 Stafford Jan. 9, 2020 ...... 170218 Docket No.: (19–05–2162P). City of Warrenville, 28W701 Stafford Place, Warrenville, IL 60555. B–1971). Place, Warrenville, IL 60555. DuPage (FEMA Unincorporated The Honorable Dan Cronin, Chairman, DuPage County Administration Jan. 9, 2020 ...... 170197 Docket No.: Areas of DuPage DuPage County Board, 421 North Building, Stormwater Man- B–1971). County (19–05– County Farm Road, Wheaton, IL agement, 421 North County 2162P). 60187. Farm Road, Wheaton, IL 60187. Marshall (FEMA City of Wenona (19– The Honorable Jamie Durham, Mayor, City Hall, 226 South Chestnut Jan. 9, 2020 ...... 170462 Docket No.: 05–3185P). City of Wenona, P.O. Box 601, Street, Wenona, IL 61377. B–1971). Wenona, IL 61377. Marshall (FEMA Unincorporated The Honorable Gary R. Kroeschen, Marshall County Courthouse, Jan. 9, 2020 ...... 170994 Docket No.: Areas of Marshall Chairman, Marshall County Board, P.O. 122 North Prairie Street, B–1971). County (19–05– Box 328, Lacon, IL 61540. Lacon, IL 61540. 3185P). St. Clair (FEMA City of O’Fallon (18– The Honorable Herb Roach, Mayor, City City Hall, 255 South Lincoln Dec. 20, 2019 ...... 170633 Docket No.: 05–3948P). of O’Fallon, 255 South Lincoln Avenue, Avenue, O’Fallon, IL 62269. B–1960). O’Fallon, IL 62269. St. Clair (FEMA Unincorporated The Honorable Mark Kern, Chairman, St. St. Clair County Courthouse, Dec. 20, 2019 ...... 170616 Docket No.: Areas of St. Clair Clair County Board, 10 Public Square, 10 Public Square, Belleville, B–1960). County (18–05– Belleville, IL 62220. IL 62220. 3948P). Iowa: Polk (FEMA City of Grimes (18– The Honorable Scott Mikkelsen, Mayor, City Hall, 101 Northeast Harvey Dec. 6, 2019 ...... 190228 Docket No.: 07–2087P). City of Grimes, City Hall, 101 Northeast Street, Grimes, IA 50111. B–1960). Harvey Street, Grimes, IA 50111. Polk (FEMA City of Urbandale The Honorable Bob Andeweg, Mayor, City Hall, 3600 86th Street, Dec. 6, 2019 ...... 190230 Docket No.: (18–07–2087P). City of Urbandale, City Hall, 3600 86th Urbandale, IA 50322. B–1960). Street, Urbandale, IA 50322. Kansas: Shawnee City of Topeka (19– The Honorable Michelle De La Isla, Engineering Division, 620 Dec. 24, 2019 ...... 205187 (FEMA Dock- 07–0967P). Mayor, City of Topeka, 215 Southeast Southeast Madison Street, et No.: B– 7th Street Room 350, Topeka, KS Topeka, KS 66603. 1960). 66603. Shawnee Unincorporated Mr. Bob Archer, Chairperson, Shawnee Shawnee County Engineers Dec. 24, 2019 ...... 200331 (FEMA Dock- Areas of Shawnee County Board of Commissioners, 200 Office, 1515 Northwest Sa- et No.: B– County (19–07– Southeast 7th Street B–11, Topeka, KS line Street, Topeka, KS 1960). 0967P). 66603. 66618. Michigan: Macomb (FEMA Township of Ms. Janet Dunn, Supervisor, Township of Township Hall, 54111 Nov. 7, 2019 ...... 260445 Docket No.: Macomb (18–05– Macomb, 54111 Broughton Road, Broughton Road, Macomb, B–1953). 5405P). Macomb, MI 48042. MI 48042. Oakland (FEMA City of Novi (19–05– The Honorable Bob Gatt, Mayor, City of Community Development Of- Oct. 25, 2019 ...... 260175 Docket No.: 1154P). Novi, 45175 Ten Mile Road, Novi, MI fice, 45175 Ten Mile Road, B–1949). 48375. Novi, MI 48375. Minnesota: Dakota (FEMA Unincorporated Mr. Thomas Egan, Chair, Physical Devel- Dakota County Administration Nov. 22, 2019 ...... 270101 Docket No.: Areas of Dakota opment Committee, Dakota County Center, 1590 Highway 55, B–1956). County (18–05– Board of Commissioners, Dakota Coun- Hastings, MN 55033. 5246P). ty Administration Center, 1590 Highway 55, Hastings, MN 55033. Olmsted (FEMA City of Rochester The Honorable Kim Norton, Mayor, City of City Hall, 201 4th Street South- Oct. 31, 2019 ...... 275246 Docket No.: (19–05–0734P). Rochester, City Hall, 201 4th Street east, Rochester, MN 55904. B–1953). Southeast, Room 281, Rochester, MN 55904. Olmsted (FEMA Unincorporated Commissioner Jim Bier, Chairperson, Olmsted County Government Oct. 31, 2019 ...... 270626 Docket No.: Areas of Olmsted Olmsted County Board of Commis- Center, 151 4th Street B–1953). County (19–05– sioners, 151 4th Street Southeast, Southeast, Rochester, MN 0734P). Rochester, MN 55904. 55904. Missouri: Jackson City of Lee’s Summit The Honorable Bill Baird, Mayor, City of Mayor’s Office, 220 Southeast Dec. 19, 2019 ...... 290174 (FEMA Docket (19–07–0788P). Lee’s Summit, 220 Southeast Green Green Street, Lee’s Summit, No.: B–1960). Street, Lee’s Summit, MO 64063. MO 64063. Nevada: Clark City of North Las The Honorable John J. Lee, Mayor, City Public Works Department, Nov. 25, 2019 ...... 320007 (FEMA Docket Vegas (19–09– of North Las Vegas, 2250 Las Vegas 2200 Civic Center Drive, No.: B–1956). 0818P). Boulevard North, North Las Vegas, NV North Las Vegas, NV 89030. 89030. New Jersey: Passaic Borough of Wood- The Honorable Keith Kazmark, Mayor, Municipal Building, Code En- Dec. 13, 2019 ...... 340412 (FEMA Docket land Park (19–02– Borough of Woodland Park, Municipal forcement Office, 5 Brophy No.: B–1960). 0818P). Building, 5 Brophy Lane, Woodland Lane, Woodland Park, NJ Park, NJ 07424. 07424. New Mexico:, San City of Farmington The Honorable Nate Duckett, Mayor, City Public Works Department, 805 Nov. 26, 2019 ...... 350067 Juan (FEMA (18–06–3856P). of Farmington, 800 Municipal Drive, Municipal Drive, Farmington, Docket No.: B– Farmington, NM 87401. NM 87401. 1956). New York:
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Location and case Chief executive Date of Community State and county No. officer of community Community map repository modification No.
Rockland Town of Ramapo The Honorable Michael B. Specht, Super- Ramapo Office of the Building Dec. 20, 2019 ...... 365340 (FEMA Dock- (19–02–0049P). visor, Town of Ramapo, Town Hall, 237 Inspector, 237 Route 59, et No.: B– Route 59, Suffern, NY 10901. Suffern, NY 10901. 1953). Wayne (FEMA Town of Walworth Ms. Susie C. Jacobs, Supervisor, Town of Building Department, 3600 Lor- Dec. 6, 2019 ...... 361228 Docket No.: (18–02–2086P). Walworth, 3600 Lorraine Drive, raine Drive, Walworth, NY B–1949). Walworth, NY 14568. 14568. Ohio: Franklin (FEMA Unincorporated Mr. John O’Grady Commissioner, Franklin Franklin County Engineer Of- Dec. 20, 2019 ...... 390167 Docket No.: Areas of Franklin County Board of Commissioners, 373 fice, 970 Dublin Road, Co- B–1960). County (19–05– South High Street, 26th Floor, Colum- lumbus, OH 43215. 3292P). bus, OH 43215. Hamilton (FEMA City of Cincinnati The Honorable John Cranley, Mayor, City City Hall, 801 Plum Street, Cin- Nov. 1, 2019 ...... 390210 Docket No.: (19–05–2371P). of Cincinnati, City Hall, 801 Plum cinnati, OH 45202. B–1953). Street, Suite 150, Cincinnati, OH 45202. Tuscarawas City of New Philadel- The Honorable Joel Day, Mayor, City of City Hall, 150 East High Ave- Nov. 29, 2019 ...... 390545 (FEMA Dock- phia (19–05– New Philadelphia, 150 East High Ave- nue, New Philadelphia, OH et No.: B– 1610P). nue, New Philadelphia, OH 44663. 44663. 1956). Tuscarawas Unincorporated The Honorable Chris Abbuhl, County Tuscarawas County Adminis- Nov. 29, 2019 ...... 390782 (FEMA Dock- Areas of Commissioner, Tuscarawas County, tration Offices, 125 East High et No.: B– Tuscarawas Coun- County Administration Offices, 125 East Avenue, New Philadelphia, 1956). ty (19–05–1610P). High Avenue, New Philadelphia, OH OH 44663. 44663. Warren (FEMA City of Springboro The Honorable John Agenbroad, Mayor, Municipal Building, 320 West Dec. 12, 2019 ...... 390564 Docket No.: (19–05–2468P). City of Springboro, 320 West Central Central Avenue, Springboro, B–1960). Avenue, Springboro, OH 45066. OH 45066. Oregon: Clackamas City of Happy Valley The Honorable Tom Ellis, Mayor, City of City Hall, 16000 Southeast Nov. 1, 2019 ...... 410026 (FEMA Dock- (19–10–0342P). Happy Valley, City Hall, 16000 South- Misty Drive, Happy Valley, et No.: B– east Misty Drive, Happy Valley, OR OR 97086. 1949).. 97086. Deschutes City of Bend (18– The Honorable Sally Russell, Mayor, City City Hall, Planning Department, Oct. 23, 2019 ...... 410056 (FEMA Dock- 10–0360P). of Bend, 710 Northwest Wall Street, 710 Northwest Wall Street, et No.: B– Bend, OR 97703. Bend, OR 97703. 1949).. Grant (FEMA City of Canyon City The Honorable Steve Fischer, Mayor, City City Hall, 123 South Wash- Oct. 17, 2019 ...... 410075 Docket No.: (19–10–0438P). of Canyon City, City Hall, 123 South ington Street, Canyon City, B–1949). Washington Street, Canyon City, OR OR 97820. 97820. Grant (FEMA City of John Day The Honorable Ron Lundbom, Mayor, City Hall, 450 East Main Street, Oct. 17, 2019 ...... 410077 Docket No.: (19–10–0438P). City of John Day, City Hall, 450 East John Day, OR 97845. B–1949). Main Street, John Day, OR 97845. Grant (FEMA Unincorporated The Honorable Scott Myers, County Grant County Planning Depart- Oct. 17, 2019 ...... 410074 Docket No.: Areas of Grant Judge, Grant County, Grant County ment, 201 South Humbolt B–1949). County (19–10– Courthouse, 201 South Humbolt Street, Suite 170, Canyon City, OR 0438P). Suite 280, Canyon City, OR 97820. 97820. Texas: Denton (FEMA City of Carrollton The Honorable Kevin Falconer, Mayor, Engineering Department, 1945 Oct. 24, 2019 ...... 480167 Docket No.: (19–06–1104P). City of Carrollton, City Hall, 1945 East East Jackson Road, B–1949). Jackson Road, Carrollton, TX 75006. Carrollton, TX 75006. Denton (FEMA City of Lewisville The Honorable Rudy Durham, Mayor, City Engineering Division, 151 West Oct. 24, 2019 ...... 480195 Docket No.: (19–06–1104P). of Lewisville, P.O. Box 299002, Church Street, Lewisville, TX B–1949). Lewisville, TX 75029. 75057. Tarrant (FEMA City of Arlington (18– The Honorable Jeff Williams, Mayor, City City Hall, 101 West Abram Dec. 6, 2019 ...... 485454 Docket No.: 06–3754P). of Arlington, City Hall, P.O. Box 90231, Street, Arlington, TX 76010. B–1960). Arlington, TX 76010. Tarrant (FEMA City of Arlington (18– The Honorable Jeff Williams, Mayor, City City Hall, 101 West Abram Nov. 8, 2019 ...... 485454 Docket No.: 06–3755P). of Arlington, City Hall, P.O. Box 90231, Street, Arlington, TX 76010. B–1953). Arlington, TX 76010. Washington: Jefferson. City of Port Town- The Honorable Deborah Stinson, Mayor, City Hall, 250 Madison Street, Dec. 12, 2019 ...... 530070 (FEMA Dock- send (19–10– City of Port Townsend, 250 Madison Suite 2, Port Townsend, WA et No.: B– 0775P). Street, Suite 2, Port Townsend, WA 98368. 1960). 98368. Kitsap (FEMA Unincorporated The Honorable Ed Wolfe, Kitsap County Kitsap County, Department of Dec. 16, 2019 ...... 530092 Docket No.: Areas of Kitsap Commissioner, District 3, 614 Division Community Development, B–1960). County (18–10– Street, MS–4, Port Orchard, WA 98366. 614 Division Street, MS–36, 1595P). Port Orchard, WA 98366. Skagit (FEMA City of Mount The Honorable Jill Boudreau, Mayor, City City Hall, 910 Cleveland Ave- Oct. 25, 2019 ...... 530158 Docket No.: Vernon (19–10– of Mount Vernon, P.O. Box 809, Mount nue, Mount Vernon, WA B–1949). 0683P). Vernon, WA 98273. 98273. Wisconsin: Dane (FEMA Unincorporated Ms. Sharon Corrigan, District 26 Super- Dane County Zoning Depart- Oct. 24, 2019 ...... 550077 Docket No.: Areas of Dane visor, City County Building, Room 421, ment, Room 116, 210 Martin B–1949). County (18–05– 210 Martin Luther King Jr. Boulevard, Luther King Jr. Boulevard, 3131P). Madison, WI 53703. Madison, WI 53703. Ozaukee (FEMA City of Port Wash- The Honorable Martin Becker, Mayor, City Hall, 100 West Grand Ave- Dec. 6, 2019 ...... 550316 Docket No.: ington (18–05– City of Port Washington, P.O. Box 307, nue, Port Washington, WI B–1956). 6323P). Port Washington, WI 53074. 53074. Wyoming:
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Location and case Chief executive Date of Community State and county No. officer of community Community map repository modification No.
Natrona (FEMA City of Casper (18– The Honorable Charlie Powell, Mayor, City Hall, 200 North David Dec. 27, 2019 ...... 560037 Docket No.: 08–0276P). City of Casper, 200 North David Street, Street, Casper, WY 82601. B–1960). Room 203, Casper, WY 82601. Natrona (FEMA Unincorporated Mr. Forrest Chadwick, Commissioner, Natrona County, Board of Dec. 27, 2019 ...... 560036 Docket No.: Areas of Natrona Natrona County, 200 North Center Commissioners, 200 North B–1960). County (18–08– Street, Suite 115, Casper, WY 82601. Center Street, Casper, WY 0276P). 82601.
[FR Doc. 2020–01902 Filed 1–31–20; 8:45 am] listed in the table below and online adopt or to show evidence of being BILLING CODE 9110–12–P through the FEMA Map Service Center already in effect in order to remain at https://msc.fema.gov. qualified for participation in the FOR FURTHER INFORMATION CONTACT: Rick National Flood Insurance Program DEPARTMENT OF HOMELAND Sacbibit, Chief, Engineering Services (NFIP). SECURITY Branch, Federal Insurance and This new or modified flood hazard Mitigation Administration, FEMA, 400 Federal Emergency Management information, together with the C Street SW, Washington, DC 20472, Agency floodplain management criteria required (202) 646–7659, or (email) by 44 CFR 60.3, are the minimum that [Docket ID FEMA–2020–0002] [email protected]; or visit are required. They should not be the FEMA Map Information eXchange construed to mean that the community Changes in Flood Hazard (FMIX) online at https:// must change any existing ordinances Determinations www.floodmaps.fema.gov/fhm/fmx_ that are more stringent in their AGENCY: Federal Emergency main.html. floodplain management requirements. Management Agency, DHS. SUPPLEMENTARY INFORMATION: The The community may at any time enact ACTION: Notice. Federal Emergency Management Agency stricter requirements of its own or (FEMA) makes the final flood hazard pursuant to policies established by other SUMMARY: New or modified Base (1- determinations as shown in the LOMRs Federal, State, or regional entities. percent annual chance) Flood for each community listed in the table This new or modified flood hazard Elevations (BFEs), base flood depths, below. Notice of these modified flood determinations are used to meet the Special Flood Hazard Area (SFHA) hazard determinations has been floodplain management requirements of boundaries or zone designations, and/or published in newspapers of local the NFIP and are used to calculate the regulatory floodways (hereinafter circulation and 90 days have elapsed appropriate flood insurance premium referred to as flood hazard since that publication. The Deputy rates for new buildings, and for the determinations) as shown on the Associate Administrator for Insurance contents in those buildings. The indicated Letter of Map Revision and Mitigation has resolved any appeals changes in flood hazard determinations (LOMR) for each of the communities resulting from this notification. are in accordance with 44 CFR 65.4. listed in the table below are finalized. The modified flood hazard Interested lessees and owners of real Each LOMR revises the Flood Insurance determinations are made pursuant to Rate Maps (FIRMs), and in some cases property are encouraged to review the section 206 of the Flood Disaster final flood hazard information available the Flood Insurance Study (FIS) reports, Protection Act of 1973, 42 U.S.C. 4105, currently in effect for the listed at the address cited below for each and are in accordance with the National community or online through the FEMA communities. The flood hazard Flood Insurance Act of 1968, 42 U.S.C. determinations modified by each LOMR Map Service Center at https:// 4001 et seq., and with 44 CFR part 65. msc.fema.gov. will be used to calculate flood insurance For rating purposes, the currently premium rates for new buildings and effective community number is shown (Catalog of Federal Domestic Assistance No. their contents. and must be used for all new policies 97.022, ‘‘Flood Insurance.’’) DATES: Each LOMR was finalized as in and renewals. Michael M. Grimm, the table below. The new or modified flood hazard Assistant Administrator for Risk ADDRESSES: Each LOMR is available for information is the basis for the Management, Department of Homeland inspection at both the respective floodplain management measures that Security, Federal Emergency Management Community Map Repository address the community is required either to Agency.
Location and Date of Community State and county case No. Chief executive officer of community Community map repository modification No.
Arizona: Mohave City of Lake Havasu The Honorable Cal S. Sheehy, Mayor, City Hall, 2330 McCulloch Bou- Dec. 31, 2019 ...... 040116 (FEMA Docket No.: City (19–09– City of Lake Havasu City, 2330 levard North, Lake Havasu B–1967). 1104P). McCulloch Boulevard North, Lake City, AZ 86403. Havasu City, AZ 86403. California: Calaveras Unincorporated Mr. Albert Alt, Chief Administrative Offi- Calaveras County Planning De- Jan. 3, 2020 ...... 060633 (FEMA Docket No.: areas of cer, Calaveras County, 891 Mountain partment, 891 Mountain B–1967). Calaveras County Ranch Road, San Andreas, CA Ranch Road, San Andreas, (19–09–0712P). 95249. CA 95249. Colorado: Adams (FEMA City of Thornton The Honorable Heidi Williams, Mayor, City Hall, 9500 Civic Center Jan. 3, 2020 ...... 080007 Docket No.: B– (18–08–1245P). City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229. 1967). Drive, Thornton, CO 80229.
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Location and Date of Community State and county case No. Chief executive officer of community Community map repository modification No.
Adams (FEMA Unincorporated The Honorable Steve O’Dorisio, Chair- Adams County Development Jan. 3, 2020 ...... 080001 Docket No.: B– areas of Adams man, Adams County Board of Com- and Engineering Services De- 1967). County (18–08– missioners, 4430 South Adams Coun- partment, 4430 South Adams 1245P). ty Parkway, 5th Floor, Suite C5000A, County Parkway, Brighton, Brighton, CO 80601. CO 80601. Jefferson (FEMA City of Lakewood The Honorable Adam Paul, Mayor, City Engineering Department, 480 Jan. 10, 2020 ...... 085075 Docket No.: B– (19–08–0656P). of Lakewood, 480 South Allison Park- South Allison Parkway, Lake- 1967). way, Lakewood, CO 80226. wood, CO 80226. Larimer (FEMA Town of Berthoud Mr. Chris Kirk, Town of Berthoud Admin- Public Works Department, 807 Jan. 17, 2020 ...... 080296 Docket No.: B– (19–08–0573P). istrator, P.O. Box 1229, Berthoud, CO Mountain Avenue, Berthoud, 1970). 80513. CO 80513. Larimer (FEMA Unincorporated The Honorable Tom Donnelly, Chair- Larimer County Engineering De- Jan. 17, 2020 ...... 080101 Docket No.: B– areas of Larimer man, Larimer County Board of Com- partment, 200 West Oak 1970). County (19–08– missioners, P.O. Box 1190, Fort Col- Street, Suite 3000, Fort Col- 0573P). lins, CO 80522. lins, CO 80521. Summit (FEMA Town of The Honorable Eric Mamula, Mayor, Public Works Department, 1095 Jan. 13, 2020 ...... 080172 Docket No.: B– Breckenridge Town of Breckenridge, P.O. Box 168, Airport Road, Breckenridge, 1974). (19–08–0262P). Breckenridge, CO 80424. CO 80424. Weld (FEMA City of Greeley (19– The Honorable John Gates, Mayor, City City Hall, 1000 10th Street, Jan. 16, 2020 ...... 080184 Docket No.: B– 08–0012P). of Greeley, 1000 10th Street, Greeley, Greeley, CO 80631. 1974). CO 80631. Weld (FEMA Unincorporated The Honorable Barbara Kirkmeyer, Weld County Department of Jan. 16, 2020 ...... 080266 Docket No.: B– areas of Weld Chair, Weld County Board of Commis- Planning and Zoning, 1555 1974). County (19–08– sioners, P.O. Box 758, Greeley, CO North 17th Avenue, Greeley, 0012P). 80632. CO 80631. Connecticut: Hartford Town of West Hart- The Honorable Matthew Hart, Town of Town Hall, 50 South Main Jan. 17, 2020 ...... 095082 (FEMA Docket No.: ford (19–01– West Hartford Manager, 50 South Street, West Hartford, CT B–1974). 1237P). Main Street, West Hartford, CT 06107. 06107. Delaware: Sussex Unincorporated The Honorable Michael H. Vincent, Sussex County Planning and Jan. 3, 2020 ...... 100029 (FEMA Docket No.: areas of Sussex President, Sussex County Council, Zoning Department, 2 The B–1967). County (19–03– P.O. Box 589, Georgetown, DE Circle, Georgetown, DE 0441P). 19947. 19947. Florida: Charlotte (FEMA Unincorporated The Honorable Ken Doherty, Chairman, Charlotte County Building De- Jan. 13, 2020 ...... 120061 Docket No.: B– areas of Charlotte Charlotte County Board of Commis- partment, 18500 Murdock Cir- 1974). County (19–04– sioners, 18500 Murdock Circle, Suite cle, Port Charlotte, FL 33948. 5020P). 536, Port Charlotte, FL 33948. Collier (FEMA City of Naples (19– The Honorable Bill Barnett, Mayor, City Building Department, 295 River- Dec. 31, 2019 ...... 125130 Docket No.: B– 04–4530P). of Naples, 735 8th Street South, side Circle, Naples, FL 34102. 1967). Naples, FL 34112. Lake (FEMA City of Groveland The Honorable Evelyn Wilson, Mayor, City Hall, 156 South Lake Ave- Jan. 17, 2020 ...... 120135 Docket No.: B– (19–04–4877X). City of Groveland, 156 South Lake nue, Groveland, FL 34736. 1970). Avenue, Groveland, FL 34736. Lake (FEMA Unincorporated Mr. Jeff Cole, Lake County Manager, Lake County Public Works De- Jan. 17, 2020 ...... 120421 Docket No.: B– areas of Lake 315 West Main Street, Tavares, FL partment, 323 North Sinclair 1970). County (19–04– 32778. Avenue, Tavares, FL 32778. 4877X). Lee (FEMA City of Sanibel (19– The Honorable Kevin Ruane, Mayor, Development Services, Planning Jan. 9, 2020 ...... 120402 Docket No.: B– 04–4688P). City of Sanibel, 800 Dunlop Road, Division, 800 Dunlop Road, 1974). Sanibel, FL 33957. Sanibel, FL 33957. Lee (FEMA Unincorporated Mr. Roger Desjarlais, Lee County Man- Lee County Department of Com- Dec. 26, 2019 ...... 125124 Docket No.: B– areas of Lee ager, P.O. Box 398, Fort Myers, FL munity Development, 1500 1967). County (19–04– 33902. Monroe Street, Fort Myers, FL 2304P). 33901. Lee (FEMA Unincorporated Mr. Roger Desjarlais, Lee County Man- Lee County Department of Com- Jan. 13, 2020 ...... 125124 Docket No.: B– areas of Lee ager, P.O. Box 398, Fort Myers, FL munity Development, 1500 1970). County (19–04– 33902. Monroe Street, Fort Myers, FL 3867P). 33901. Marion (FEMA City of Ocala (19– The Honorable Kent Guinn, Mayor, City City Hall, 110 Southeast Watula Dec. 27, 2019 ...... 120330 Docket No.: B– 04–1095P). of Ocala, 110 Southeast Watula Ave- Avenue, Ocala, FL 34471. 1967). nue, Ocala, FL 34471. Monroe (FEMA Unincorporated The Honorable Sylvia Murphy, Mayor, Monroe County Building Depart- Jan. 9, 2020 ...... 125129 Docket No.: B– areas of Monroe Monroe County Board of Commis- ment, 2798 Overseas High- 1970). County (19–04– sioners, 102050 Overseas Highway, way, Suite 300, Marathon, FL 4672P). Suite 234, Key Largo, FL 33037. 33050. Monroe (FEMA Village of The Honorable Deb Gillis, Mayor, Village Building Department, 86800 Dec. 30, 2019 ...... 120424 Docket No.: B– Islamorada (19– of Islamorada, 86800 Overseas High- Overseas Highway, 1967). 04–5066P). way, Islamorada, FL 33036. Islamorada, FL 33036. Osceola (FEMA Unincorporated The Honorable Cheryl Grieb, Chair, Osceola County Stormwater De- Jan. 13, 2020 ...... 120189 Docket No.: B– areas of Osceola Osceola County Board of Commis- partment, 1 Courthouse 1970). County (19–04– sioners, 1 Courthouse Square, Suite Square, Suite 3100, Kis- 0903P). 4700, Kissimmee, FL 34741. simmee, FL 34741. Seminole (FEMA Unincorporated The Honorable Brenda Carey, Chair, Seminole County Development Dec. 27, 2019 ...... 120289 Docket No.: B– areas of Seminole Seminole County Board of Commis- Review Division, 1101 East 1967). County (19–04– sioners, 1101 East 1st Street, San- 1st Street, Sanford, FL 32771. 3092P). ford, FL 32771. Volusia (FEMA City of Daytona The Honorable Derrick L. Henry, Mayor, Utilities Department, 125 Basin Jan. 10, 2020 ...... 125099 Docket No.: B– Beach (19–04– City of Daytona Beach, 301 South Street, Suite 131, Daytona 1974). 0945P). Ridgewood Avenue, Room 200, Day- Beach, FL 32115. tona Beach, FL 32114.
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Location and Date of Community State and county case No. Chief executive officer of community Community map repository modification No.
Volusia (FEMA Unincorporated Mr. George Recktendwald, Volusia Volusia County Building and Jan. 10, 2020 ...... 125155 Docket No.: B– areas of Volusia County Manager, 123 West Indiana Zoning Department, 123 West 1974). County (19–04– Avenue, DeLand, FL 32720. Indiana Avenue, DeLand, FL 0945P). 32720. Maine: Lincoln Town of Southport The Honorable Gerald L. Gamage, Code Enforcement Department, Jan. 17, 2020 ...... 230221 (FEMA Docket No.: (19–01–0607P). Chairman, Town of Southport Board 361 Hendricks Hill Road, B–1974). of Selectmen, P.O. Box 149, Southport, ME 04576. Southport, ME 04576. Maryland: Baltimore (FEMA Unincorporated The Honorable John A. Olszewski, Jr., Baltimore County Department of Dec. 31, 2019 ...... 240010 Docket No.: B– areas of Balti- Baltimore County Executive, 400 Public Works, 111 West 1967). more County (19– Washington Avenue, Towson, MD Chesapeake Avenue, Room 03–1183P). 21204. 219, Towson, MD 21204. Prince George’s Unincorporated The Honorable Angela D. Alsobrooks, Prince George’s County Jan. 17, 2020 ...... 245208 (FEMA Docket areas of Prince Prince George’s County Executive, Inglewood Center II, 1801 No.: B–1970). George’s County 1301 McCormick Drive, Suite 4000, McCormick Drive, Suite 500, (19–03–0431P). Largo, MD 20774. Largo, MD 20774. Massachusetts: Plymouth (FEMA Town of Duxbury The Honorable David J. Madigan, Chair- Municipal Services Department, Jan. 10, 2020 ...... 250263 Docket No.: B– (19–01–0097P). man, Town of Duxbury Board of Se- 878 Tremont Street, Duxbury, 1970). lectmen, 878 Tremont Street, MA 02332. Duxbury, MA 02332. Plymouth (FEMA Town of Marion The Honorable Randy L. Parker, Chair- Town Hall, 2 Spring Street, Mar- Jan. 10, 2020 ...... 255213 Docket No.: B– (19–01–0738P). man, Town of Marion Board of Select- ion, MA 02738. 1967). men, 2 Spring Street, Marion, MA 02738. Plymouth (FEMA Town of Marion The Honorable Randy L. Parker, Chair- Town Hall, 2 Spring Street, Mar- Jan. 3, 2020 ...... 255213 Docket No.: B– (19–01–1162P). man, Town of Marion Board of Select- ion, MA 02738. 1967). men, 2 Spring Street, Marion, MA 02738. Plymouth (FEMA Town of Marshfield The Honorable Joseph E. Kelleher, Building Department, 870 Mo- Jan. 10, 2020 ...... 250273 Docket No.: B– (19–01–0097P). Chairman, Town of Marshfield Board raine Street, Marshfield, MA 1970). of Selectmen, 870 Moraine Street, 02050. Marshfield, MA 02050. Plymouth (FEMA Town of The Honorable R. Tyler Macallister, Town Hall, 16 Main Street, Jan. 10, 2020 ...... 255214 Docket No.: B– Mattapoisett (19– Chairman, Town of Mattapoisett Board Mattapoisett, MA 02739. 1967). 01–0738P). of Selectmen, P.O. Box 705, Mattapoisett, MA 02739. New Mexico: Taos Town of Taos (19– The Honorable Daniel R. Barrone, Department of Public Works, Jan. 10, 2020 ...... 350080 (FEMA Docket No.: 06–1284P). Mayor, Town of Taos, 400 Camino De 400 Camino De La Placita, B–1970). La Placita, Taos, NM 87571. Taos, NM 87571. Pennsylvania: Chester (FEMA Township of West The Honorable Charlie Humphreys, Township Hall, 1645 Art School Dec. 31, 2019 ...... 421151 Docket No.: B– Pikeland (18–03– Chairman, Township of West Pikeland Road, Chester Springs, PA 1967). 1853P). Board of Supervisors, 1645 Art School 19425. Road, Chester Springs, PA 19425. Montgomery Township of The Honorable Frederick R. Conner, Jr., Code Enforcement Department, Jan. 3, 2020 ...... 420713 (FEMA Docket Whitpain (19–03– Chairman, Township of Whitpain 960 Wentz Road, Blue Bell, No.: B–1967). 0500P). Board of Supervisors, 960 Wentz PA 19422. Road, Blue Bell, PA 19422. Texas: Bexar (FEMA City of Converse The Honorable Al Suarez, Mayor, City of City Hall, 406 South Seguin Jan. 13, 2020 ...... 480038 Docket No.: B– (18–06–2882P). Converse, 406 South Seguin Road, Road, Converse, TX 78109. 1974). Converse, TX 78109. Dallas (FEMA City of Coppell (19– The Honorable Karen Hunt, Mayor, City City Hall, 200 South Main Jan. 6, 2020 ...... 480170 Docket No.: B– 06–0270P). of Coppell, P.O. Box 9478, Coppell, Street, Coppell, TX 76099. 1970). TX 75019. Harris (FEMA City of Baytown The Honorable Brandon Capetillo, Engineering Department, 2123 Dec. 30, 2019 ...... 485456 Docket No.: B– (18–06–1537P). Mayor, City of Baytown, 2401 Market Market Street, Baytown, TX 1967). Street, Baytown, TX 77520. 77520. Harris (FEMA Unincorporated The Honorable Lina Hidalgo, Harris Harris County Permits Office, Dec. 30, 2019 ...... 480287 Docket No.: B– areas of Harris County Judge, 1001 Preston Street, 10555 Northwest Freeway, 1967). County (18–06– Suite 911, Houston, TX 77002. Suite 120, Houston, TX 1537P). 77092. Tarrant (FEMA City of Grapevine The Honorable William D. Tate, Mayor, City Hall, 200 South Main Jan. 6, 2020 ...... 480598 Docket No.: B– (19–06–0270P). City of Grapevine, P.O. Box 95104, Street, Grapevine, TX 76099. 1970). Grapevine, TX 76099. Utah: Washington City of Ivins (19– The Honorable Chris Hart, Mayor, City City Hall, 55 North Main Street, Dec. 31, 2019 ...... 490173 (FEMA Docket 08–0375P). of Ivins, 55 North Main Street, Ivins, Ivins, UT 84738. No.: B–1967). UT 84738. Washington City of Santa Clara The Honorable Rick Rosenberg, Mayor, City Hall, 2603 Santa Clara Dec. 31, 2019 ...... 490178 (FEMA Docket (19–08–0375P). City of Santa Clara, 2603 Santa Clara Drive, Santa Clara, UT 84765. No.: B–1967). Drive, Santa Clara, UT 84765. Virginia: Prince Wil- Unincorporated Mr. Christopher E. Martino, Prince Wil- Prince William County Depart- Jan. 16, 2020 ...... 510119 liam (FEMA Docket areas of Prince liam County Executive, 1 County ment of Public Works, Water- No.: B–1970). William County Complex Court, Prince William, VA shed Management Branch, 5 (19–03–0792P). 22192. County Complex Court, Prince William, VA 22192.
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[FR Doc. 2020–01903 Filed 1–31–20; 8:45 am] is solely for questions regarding this (2) Title of the Form/Collection: BILLING CODE 9110–12–P notice. It is not for individual case Application for Civil Surgeon status inquiries. Applicants seeking Designation. information about the status of their (3) Agency form number, if any, and DEPARTMENT OF HOMELAND individual cases can check Case Status the applicable component of the DHS SECURITY Online, available at the USCIS website sponsoring the collection: I–910; USCIS. at http://www.uscis.gov, or call the (4) Affected public who will be asked U.S. Citizenship and Immigration USCIS Contact Center at 800–375–5283 or required to respond, as well as a brief Services (TTY 800–767–1833). abstract: Primary: Business or other for- [OMB Control Number 1615–0114] SUPPLEMENTARY INFORMATION: profit. This information collection is Comments: required to determine whether a Agency Information Collection You may access the information physician meets the statutory and Activities; Revision of a Currently collection instrument with instructions, regulatory requirement for civil surgeon Approved Collection: Application for or additional information by visiting the designation. For example, all documents Civil Surgeon Designation Federal eRulemaking Portal site at: are reviewed to determine whether the http://www.regulations.gov and enter physician has a currently valid medical AGENCY: U.S. Citizenship and USCIS–2013–0002 in the search box. license and whether the physician has Immigration Services, Department of Regardless of the method used for had any action taken against him or her Homeland Security. submitting comments or material, all by the medical licensing authority of the ACTION: 60-day notice. submissions will be posted, without U.S. state(s) or U.S. territories in which change, to the Federal eRulemaking he or she practices. If the Application SUMMARY: The Department of Homeland Portal at http://www.regulations.gov, for Civil Surgeon Designation (Form I– Security (DHS), U.S. Citizenship and and will include any personal 910) is approved, the physician is Immigration (USCIS) invites the general information you provide. Therefore, included in USCIS’s public Civil public and other Federal agencies to submitting this information makes it Surgeon locator and is authorized to comment upon this proposed revision of public. You may wish to consider complete Form I–693 (OMB Control a currently approved collection of limiting the amount of personal Number 1615–0033) for an applicant’s information. In accordance with the information that you provide in any adjustment of status. Paperwork Reduction Act (PRA) of voluntary submission you make to DHS. (5) An estimate of the total number of 1995, the information collection notice DHS may withhold information respondents and the amount of time is published in the Federal Register to provided in comments from public estimated for an average respondent to obtain comments regarding the nature of viewing that it determines may impact respond: The estimated total number of the information collection, the the privacy of an individual or is respondents for the information categories of respondents, the estimated offensive. For additional information, collection I–910 is 470 and the burden (i.e. the time, effort, and please read the Privacy Act notice that estimated hour burden per response is resources used by the respondents to is available via the link in the footer of 2 hours. respond), the estimated cost to the http://www.regulations.gov. (6) An estimate of the total public respondent, and the actual information Written comments and suggestions burden (in hours) associated with the collection instruments. from the public and affected agencies collection: The total estimated annual DATES: Comments are encouraged and should address one or more of the hour burden associated with this will be accepted for 60 days until April following four points: collection is 940 hours. 3, 2020. (1) Evaluate whether the proposed (7) An estimate of the total public ADDRESSES: All submissions received collection of information is necessary burden (in cost) associated with the must include the OMB Control Number for the proper performance of the collection: The estimated total annual 1615–0114 in the body of the letter, the functions of the agency, including cost burden associated with this agency name and Docket ID USCIS– whether the information will have collection of information is $24,205. 2013–0002. To avoid duplicate practical utility; (2) Evaluate the accuracy of the Dated: January 24, 2020. submissions, please use only one of the agency’s estimate of the burden of the Samantha L Deshommes, following methods to submit comments: proposed collection of information, Chief, Regulatory Coordination Division, (1) Online. Submit comments via the including the validity of the Office of Policy and Strategy, U.S. Citizenship Federal e-Rulemaking Portal website at methodology and assumptions used; and Immigration Services, Department of http://www.regulations.gov under e- (3) Enhance the quality, utility, and Homeland Security. Docket ID number USCIS–2013–0002; clarity of the information to be [FR Doc. 2020–01975 Filed 1–31–20; 8:45 am] (2) Mail. Submit written comments to collected; and BILLING CODE 9111–97–P DHS, USCIS, Office of Policy and (4) Minimize the burden of the Strategy, Chief, Regulatory Coordination collection of information on those who Division, 20 Massachusetts Avenue NW, are to respond, including through the DEPARTMENT OF THE INTERIOR Washington, DC 20529–2140. use of appropriate automated, FOR FURTHER INFORMATION CONTACT: electronic, mechanical, or other Office of the Secretary USCIS, Office of Policy and Strategy, technological collection techniques or Regulatory Coordination Division, other forms of information technology, [XXXD5198NI DS61100000 Samantha Deshommes, Chief, 20 e.g., permitting electronic submission of DNINR0000.000000 DX61104] Massachusetts Avenue NW, responses. Washington, DC 20529–2140, telephone Overview of this information Exxon Valdez Oil Spill Public Advisory number 202–272–8377 (This is not a collection: Committee toll-free number. Comments are not (1) Type of Information Collection: AGENCY: Office of the Secretary, Interior. accepted via telephone message). Please Revision of a Currently Approved ACTION: Meeting Notice. note contact information provided here Collection.
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SUMMARY: The Department of the personal identifying information in your Commission’s electronic docket (EDIS) Interior, Office of the Secretary is comments, please be aware that your at https://edis.usitc.gov. announcing a public meeting of the entire comment, including your SUPPLEMENTARY INFORMATION: Exxon Valdez Oil Spill (EVOS) Trustee personal identifying information, may Background.—On September 14, Council’s Public Advisory Committee. be made publicly available at any time. 2009, the Department of Commerce DATES: February 25, 2020, at 8:30 a.m. While you can ask us in your comment (‘‘Commerce’’) issued antidumping and AKST. to withhold your personal identifying countervailing duty orders on imports of ADDRESSES: Glenn Olds Hall Conference information from public review, we certain kitchen appliance shelving and Room, 4210 University Drive, cannot guarantee that we will be able to racks from China (74 FR 46971). Anchorage, Alaska; (800) 315–6338, do so. Following the five-year reviews by code 72241. Philip Johnson, Commerce and the Commission, FOR FURTHER INFORMATION CONTACT: Dr. Regional Environmental Officer, Office of effective March 12, 2015, Commerce Philip Johnson, Department of the Environmental Policy and Compliance. issued a continuation of the antidumping and countervailing duty Interior, Office of Environmental Policy [FR Doc. 2020–01804 Filed 1–31–20; 8:45 am] orders on imports of certain kitchen and Compliance, 1689 ‘‘C’’ Street, Suite BILLING CODE 4334–63–P 119, Anchorage, Alaska, (907) 271– appliance shelving and racks from 5011. China (80 FR 12983). The Commission is now conducting second reviews SUPPLEMENTARY INFORMATION: The EVOS INTERNATIONAL TRADE pursuant to section 751(c) of the Act, as Public Advisory Committee was created COMMISSION amended (19 U.S.C. 1675(c)), to pursuant to Paragraph V.A.4 of the determine whether revocation of the Memorandum of Agreement and [Investigation Nos. 701–TA–458 and 731– TA–1154 (Second Review)] orders would be likely to lead to Consent Decree entered into by the continuation or recurrence of material United States of America and the State Certain Kitchen Appliance Shelving injury to the domestic industry within of Alaska on August 27, 1991, and and Racks From China; Institution of a reasonably foreseeable time. approved by the United States District Five-Year Reviews Provisions concerning the conduct of Court for the District of Alaska in this proceeding may be found in the settlement of United States of America AGENCY: United States International Commission’s Rules of Practice and v. State of Alaska, Civil Action No. Trade Commission. Procedure at 19 CFR part 201, subparts A91–081 CV. ACTION: Notice. A and B, and 19 CFR part 207, subparts The EVOS Public Advisory A and F. The Commission will assess Committee meeting agenda will include SUMMARY: The Commission hereby gives the adequacy of interested party an orientation for new members, Federal notice that it has instituted reviews responses to this notice of institution to Advisory Committee Act training, and pursuant to the Tariff Act of 1930 (‘‘the determine whether to conduct full or an overview of the proposed draft Work Act’’), as amended, to determine expedited reviews. The Commission’s Plan. An opportunity for public whether revocation of the antidumping determinations in any expedited comments will be provided. The final and countervailing duty orders on reviews will be based on the facts agenda and materials for the meeting certain kitchen appliance shelving and available, which may include will be posted on the EVOS Trustee racks from China would be likely to lead information provided in response to this Council website at to continuation or recurrence of material notice. www.evostc.state.ak.us. All EVOS injury. Pursuant to the Act, interested Definitions.—The following Public Advisory Committee meetings parties are requested to respond to this definitions apply to these reviews: are open to the public. notice by submitting the information (1) Subject Merchandise is the class or specified below to the Commission. Public Input kind of merchandise that is within the DATES: Instituted February 3, 2020. To scope of the five-year reviews, as Submitting Written Information or be assured of consideration, the defined by Commerce. Questions deadline for responses is March 4, 2020. (2) The Subject Country in these Interested members of the public may Comments on the adequacy of responses reviews is China. submit relevant information or may be filed with the Commission by (3) The Domestic Like Product is the questions for the Committee to consider April 16, 2020. domestically produced product or during the public meeting. Written FOR FURTHER INFORMATION CONTACT: products which are like, or in the statements must be received by Mary Messer (202–205–3193), Office of absence of like, most similar in February 14, 2020, so that the Investigations, U.S. International Trade characteristics and uses with, the information may be made available to Commission, 500 E Street SW, Subject Merchandise. In its original the Committee for their consideration Washington, DC 20436. Hearing- determinations and its expedited first prior to this meeting. Written statements impaired persons can obtain five-year review determinations, the must be supplied to Dr. Philip Johnson information on this matter by contacting Commission found two Domestic Like (see FOR FURTHER INFORMATION CONTACT the Commission’s TDD terminal on 202– Products: (1) Certain refrigeration above) in the following formats: One 205–1810. Persons with mobility shelving and baskets for refrigerators, hard copy with original signature and/ impairments who will need special freezers, combination refrigerator/ or one electronic copy via email assistance in gaining access to the freezers and other refrigerating or (acceptable file formats are Adobe Commission should contact the Office freezing equipment (‘‘refrigeration Acrobat PDF, MS Word, MS of the Secretary at 202–205–2000. shelving’’); and (2) certain oven racks, PowerPoint, or rich text file). General information concerning the side racks, and subframes for cooking Commission may also be obtained by stoves, ranges, and ovens (‘‘oven Public Disclosure of Comments accessing its internet server (https:// racks’’). Before including your address, phone www.usitc.gov). The public record for (4) The Domestic Industry is the U.S. number, email address, or other this proceeding may be viewed on the producers as a whole of the Domestic
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Like Product, or those producers whose same underlying investigation was Commission’s rules; any submissions collective output of the Domestic Like pending when they were Commission that contain BPI must also conform with Product constitutes a major proportion employees. For further ethics advice on the requirements of sections 201.6, of the total domestic production of the this matter, contact Charles Smith, 207.3, and 207.7 of the Commission’s product. Based on its original Office of the General Counsel, at 202– rules. The Commission’s Handbook on determinations and its expedited first 205–3408. Filing Procedures, available on the five-year review determinations of two Limited disclosure of business Commission’s website at https:// separate Domestic Like Products, the proprietary information (BPI) under an www.usitc.gov/documents/handbook_ Commission found two Domestic administrative protective order (APO) on_filing_procedures.pdf, elaborates Industries consisting of the following: and APO service list.—Pursuant to upon the Commission’s procedures with (1) All producers of certain refrigeration section 207.7(a) of the Commission’s respect to filings. Also, in accordance shelving and baskets for refrigerators, rules, the Secretary will make BPI with sections 201.16(c) and 207.3 of the freezers, combination refrigerator/ submitted in this proceeding available Commission’s rules, each document freezers, and other refrigerating or to authorized applicants under the APO filed by a party to the proceeding must freezing equipment; and (2) all issued in the proceeding, provided that be served on all other parties to the producers of certain oven racks, side the application is made no later than 21 proceeding (as identified by either the racks, and subframes for cooking stoves, days after publication of this notice in public or APO service list as ranges, and ovens. the Federal Register. Authorized appropriate), and a certificate of service (5) An Importer is any person or firm applicants must represent interested must accompany the document (if you engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), are not a party to the proceeding you do parent company or subsidiary, in who are parties to the proceeding. A not need to serve your response). importing the Subject Merchandise into separate service list will be maintained No response to this request for the United States from a foreign by the Secretary for those parties information is required if a currently manufacturer or through its selling authorized to receive BPI under the valid Office of Management and Budget agent. APO. (‘‘OMB’’) number is not displayed; the Participation in the proceeding and Certification.—Pursuant to section OMB number is 3117 0016/USITC No. public service list.—Persons, including 207.3 of the Commission’s rules, any 20–5–455, expiration date June 30, industrial users of the Subject person submitting information to the 2020. Public reporting burden for the Merchandise and, if the merchandise is Commission in connection with this request is estimated to average 15 hours sold at the retail level, representative proceeding must certify that the per response. Please send comments consumer organizations, wishing to information is accurate and complete to regarding the accuracy of this burden participate in the proceeding as parties the best of the submitter’s knowledge. In estimate to the Office of Investigations, must file an entry of appearance with making the certification, the submitter U.S. International Trade Commission, the Secretary to the Commission, as will acknowledge that information 500 E Street SW, Washington, DC provided in section 201.11(b)(4) of the submitted in response to this request for Commission’s rules, no later than 21 information and throughout this 20436. days after publication of this notice in proceeding or other proceeding may be Inability to provide requested the Federal Register. The Secretary will disclosed to and used: (i) By the information.—Pursuant to section maintain a public service list containing Commission, its employees and Offices, 207.61(c) of the Commission’s rules, any the names and addresses of all persons, and contract personnel (a) for interested party that cannot furnish the or their representatives, who are parties developing or maintaining the records information requested by this notice in to the proceeding. of this or a related proceeding, or (b) in the requested form and manner shall Former Commission employees who internal investigations, audits, reviews, notify the Commission at the earliest are seeking to appear in Commission and evaluations relating to the possible time, provide a full explanation five-year reviews are advised that they programs, personnel, and operations of of why it cannot provide the requested may appear in a review even if they the Commission including under 5 information, and indicate alternative participated personally and U.S.C. Appendix 3; or (ii) by U.S. forms in which it can provide substantially in the corresponding government employees and contract equivalent information. If an interested underlying original investigation or an personnel, solely for cybersecurity party does not provide this notification earlier review of the same underlying purposes. All contract personnel will (or the Commission finds the investigation. The Commission’s sign appropriate nondisclosure explanation provided in the notification designated agency ethics official has agreements. inadequate) and fails to provide a advised that a five-year review is not the Written submissions.—Pursuant to complete response to this notice, the same particular matter as the underlying section 207.61 of the Commission’s Commission may take an adverse original investigation, and a five-year rules, each interested party response to inference against the party pursuant to review is not the same particular matter this notice must provide the information section 776(b) of the Act (19 U.S.C. as an earlier review of the same specified below. The deadline for filing 1677e(b)) in making its determinations underlying investigation for purposes of such responses is March 4, 2020. in the reviews. 18 U.S.C. 207, the post employment Pursuant to section 207.62(b) of the Information To Be Provided in statute for Federal employees, and Commission’s rules, eligible parties (as Response to This Notice of Institution: Commission rule 201.15(b) (19 CFR specified in Commission rule Please provide the requested 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments information separately for each 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to Domestic Like Product, as defined by Consequently, former employees are not the notice of institution and whether the the Commission in its original required to seek Commission approval Commission should conduct expedited determinations, and for each of the to appear in a review under Commission or full reviews. The deadline for filing products identified by Commerce as rule 19 CFR 201.15, even if the such comments is April 16, 2020. All Subject Merchandise. As used below, corresponding underlying original written submissions must conform with the term ‘‘firm’’ includes any related investigation or an earlier review of the the provisions of section 201.8 of the firms.
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(1) The name and address of your firm following information on your firm’s countervailing duties) of U.S. or entity (including World Wide Web operations on that product during commercial shipments of Subject address) and name, telephone number, calendar year 2019, except as noted Merchandise imported from the Subject fax number, and email address of the (report quantity data in units and value Country; and certifying official. data in U.S. dollars, f.o.b. plant). If you (c) the quantity and value (f.o.b. U.S. (2) A statement indicating whether are a union/worker group or trade/ port, including antidumping and/or your firm/entity is an interested party business association, provide the countervailing duties) of U.S. internal under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for consumption/company transfers of including whether your firm/entity is a the firms in which your workers are Subject Merchandise imported from the U.S. producer of the Domestic Like employed/which are members of your Subject Country. Product, a U.S. union or worker group, association. (11) If you are a producer, an exporter, a U.S. importer of the Subject (a) Production (quantity) and, if or a trade/business association of Merchandise, a foreign producer or known, an estimate of the percentage of producers or exporters of the Subject exporter of the Subject Merchandise, a total U.S. production of the Domestic Merchandise in the Subject Country, U.S. or foreign trade or business Like Product accounted for by your provide the following information on association (a majority of whose firm’s(s’) production; your firm’s(s’) operations on that members are interested parties under (b) Capacity (quantity) of your firm to product during calendar year 2019 the statute), or another interested party produce the Domestic Like Product (that (report quantity data in units and value (including an explanation). If you are a is, the level of production that your data in U.S. dollars, landed and duty- union/worker group or trade/business establishment(s) could reasonably have paid at the U.S. port but not including association, identify the firms in which expected to attain during the year, antidumping or countervailing duties). your workers are employed or which are assuming normal operating conditions If you are a trade/business association, members of your association. (using equipment and machinery in provide the information, on an aggregate (3) A statement indicating whether place and ready to operate), normal basis, for the firms which are members your firm/entity is willing to participate operating levels (hours per week/weeks of your association. in this proceeding by providing per year), time for downtime, (a) Production (quantity) and, if information requested by the maintenance, repair, and cleanup, and a known, an estimate of the percentage of Commission. typical or representative product mix); total production of Subject Merchandise (4) A statement of the likely effects of (c) the quantity and value of U.S. in the Subject Country accounted for by the revocation of the antidumping and commercial shipments of the Domestic your firm’s(s’) production; countervailing duty orders on the Like Product produced in your U.S. (b) Capacity (quantity) of your firm(s) Domestic Industry in general and/or plant(s); to produce the Subject Merchandise in your firm/entity specifically. In your (d) the quantity and value of U.S. the Subject Country (that is, the level of response, please discuss the various internal consumption/company production that your establishment(s) factors specified in section 752(a) of the transfers of the Domestic Like Product could reasonably have expected to Act (19 U.S.C. 1675a(a)) including the produced in your U.S. plant(s); and attain during the year, assuming normal likely volume of subject imports, likely (e) the value of (i) net sales, (ii) cost operating conditions (using equipment price effects of subject imports, and of goods sold (COGS), (iii) gross profit, and machinery in place and ready to likely impact of imports of Subject (iv) selling, general and administrative operate), normal operating levels (hours Merchandise on the Domestic Industry. (SG&A) expenses, and (v) operating per week/weeks per year), time for (5) A list of all known and currently income of the Domestic Like Product downtime, maintenance, repair, and operating U.S. producers of the produced in your U.S. plant(s) (include cleanup, and a typical or representative Domestic Like Product. Identify any both U.S. and export commercial sales, product mix); and known related parties and the nature of internal consumption, and company (c) the quantity and value of your the relationship as defined in section transfers) for your most recently firm’s(s’) exports to the United States of 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date Subject Merchandise and, if known, an 1677(4)(B)). on which your fiscal year ends). estimate of the percentage of total (6) A list of all known and currently (10) If you are a U.S. importer or a exports to the United States of Subject operating U.S. importers of the Subject trade/business association of U.S. Merchandise from the Subject Country Merchandise and producers of the importers of the Subject Merchandise accounted for by your firm’s(s’) exports. Subject Merchandise in the Subject from the Subject Country, provide the (12) Identify significant changes, if Country that currently export or have following information on your firm’s(s’) any, in the supply and demand exported Subject Merchandise to the operations on that product during conditions or business cycle for the United States or other countries after calendar year 2019 (report quantity data Domestic Like Product that have 2013. in units and value data in U.S. dollars). occurred in the United States or in the (7) A list of 3–5 leading purchasers in If you are a trade/business association, market for the Subject Merchandise in the U.S. market for the Domestic Like provide the information, on an aggregate the Subject Country after 2013, and Product and the Subject Merchandise basis, for the firms which are members significant changes, if any, that are (including street address, World Wide of your association. likely to occur within a reasonably Web address, and the name, telephone (a) The quantity and value (landed, foreseeable time. Supply conditions to number, fax number, and email address duty-paid but not including consider include technology; of a responsible official at each firm). antidumping or countervailing duties) production methods; development (8) A list of known sources of of U.S. imports and, if known, an efforts; ability to increase production information on national or regional estimate of the percentage of total U.S. (including the shift of production prices for the Domestic Like Product or imports of Subject Merchandise from facilities used for other products and the the Subject Merchandise in the U.S. or the Subject Country accounted for by use, cost, or availability of major inputs other markets. your firm’s(s’) imports; into production); and factors related to (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. the ability to shift supply among Domestic Like Product, provide the port, including antidumping and/or different national markets (including
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barriers to importation in foreign Health Care Fraud,’ in violation of 18 filing of any written statement in lieu of markets or changes in market demand U.S.C. 1349, one count of ‘Conspiracy to a hearing.’’ RFAA, at 2. The Government abroad). Demand conditions to consider Pay and Receive Illegal Health Care requested that Registrant’s Certificate of include end uses and applications; the Kickbacks,’ in violation of 18 U.S.C. Registration be revoked and his pending existence and availability of substitute 371, fifteen counts of ‘Health Care application for renewal be denied products; and the level of competition Fraud,’ in violation of 18 U.S.C. 1347 ‘‘because Registrant lacks state authority among the Domestic Like Product and 2,1 and one count of ‘Obstruction of and because Registrant has been produced in the United States, Subject a Federal Audit,’ in violation of 18 excluded from Medicare, Medicaid and Merchandise produced in the Subject U.S.C. 1516 and 2.’’ 2 Id. at 2 (citing all Federal health care programs, either Country, and such merchandise from United States v. Barnes, No. 2:15–cr– of which alone is a sufficient basis to other countries. 0061–SM–JCW (E.D. La. 2018)). The revoke Registrant’s registration (13) (OPTIONAL) A statement of OSC further alleged that ‘‘based on ....’’3 Id. at 7. whether you agree with the above [such] conviction, HHS OIG, by letter Based on the Government’s definitions of the Domestic Like Product dated March 29, 2019, mandatorily representations and my review of the and Domestic Industry; if you disagree excluded [Registrant] from participation record, I find that the Government with either or both of these definitions, in Medicare, Medicaid, and all Federal served the OSC on Registrant on July 10, please explain why and provide health care programs for a minimum 2019. I also find that more than thirty alternative definitions. period of twenty-five years pursuant to days have now passed since the date of 42 U.S.C. 1320a–7(a), effective April 18, service. Further, based on the Authority: This proceeding is being Government’s representations, I find conducted under authority of title VII of the 2019.’’ Id. Tariff Act of 1930; this notice is published The Show Cause Order notified that neither Registrant, nor anyone pursuant to section 207.61 of the Registrant of the right to request a purporting to represent the Registrant, Commission’s rules. hearing on the allegations or to submit requested a hearing, submitted a written statement while waiving Registrant’s By order of the Commission. a written statement, while waiving the right to a hearing, the procedures for right to a hearing, or submitted a Issued: January 29, 2020. electing each option, and the corrective action plan. Accordingly, I Lisa Barton, consequences for failing to elect either find that Registrant has waived the right Secretary to the Commission. option. Id. at 2–3 (citing 21 CFR to a hearing and the right to submit a [FR Doc. 2020–01980 Filed 1–31–20; 8:45 am] 1301.43). The OSC also notified written statement and corrective action BILLING CODE 7020–02–P Registrant of the opportunity to submit plan. 21 CFR § 1301.43(d) and 21 U.S.C. a corrective action plan. Id. at 3–4 824(c)(2)(C). I, therefore, issue this (citing 21 U.S.C. 824(c)(2)(C)). Decision and Order based on the record DEPARTMENT OF JUSTICE submitted by the Government, which Adequacy of Service constitutes the entire record before me. Drug Enforcement Administration In a Declaration, dated October 24, 21 CFR 1301.43(e). 2019, a Diversion Investigator Findings of Fact Shelton W. Barnes, M.D.; Decision and (hereinafter, DI) assigned to the New Order Orleans Field Division stated that she Registrant’s DEA Registration and another DI traveled to the Federal On June 28, 2019, the Assistant Registrant is the holder of DEA Prison Camp Pensacola, 110 Raby Ave., Certificate of Registration No. Administrator, Diversion Control Pensacola, Florida 32509, where Division, Drug Enforcement BB1040269 at the registered address of Registrant was incarcerated, on July 10, 3600 Prytania, Suite 50, New Orleans, Administration (hereinafter, DEA or 2019. Request for Final Agency Action Government), issued an Order to Show LA 70115. RFAA, EX 1 (Certificate of (hereinafter, RFAA), EX 6 (Declaration Registration History), at 1. Pursuant to Cause to Shelton W. Barnes, M.D., of Service). The DI stated that they were (hereinafter, Registrant), of New this registration, Registrant is authorized taken to a room where correctional to dispense controlled substances in Orleans, Louisiana. Order to Show officers brought in Registrant, who ‘‘was Cause (hereinafter, OSC), at 1. The OSC schedules II through V as a practitioner. wearing an inmate nametag with his Id. Registrant’s registration was set to proposed the revocation of Registrant’s name on it,’’ and she further Certificate of Registration No. expire on July 31, 2018, but on that date, ‘‘recognized him based on his driver’s Registrant submitted an online renewal BB1040269, because the United States license photo.’’ Id. The DI then ‘‘handed Department of Health and Human application for 10555 Lake Forest Blvd., the [OSC] to [Registrant] and explained Ste. 5J, New Orleans, LA 70127–5208, Services, Office of Inspector General it to him, including his options to (hereinafter, HHS OIG) ‘‘mandatorily request a hearing or surrender his 3 excluded [Registrant] from participation In the RFAA, the Government argued for registration.’’ Id. revocation based on a ground that does not appear in Medicare, Medicaid, and all Federal The Government submitted its RFAA, in the OSC—that the Registrant currently lacks health care programs for a minimum along with the evidentiary record, for authority to practice medicine in Louisiana, the period of twenty-five years pursuant to state in which he is registered with the DEA, and adjudication on December 4, 2019. In its his registration is thus also subject to revocation 42 U.S.C. 1320a–7(a)’’; and such RFAA, the Government represented that pursuant to 21 U.S.C. 824(a)(3). Although state exclusion ‘‘warrants revocation of ‘‘at least thirty days have passed since authority is a prerequisite to holding (or having) a [Registrant’s] registration pursuant to 21 the . . . [OSC] was served on Registrant. DEA registration, see 21 U.S.C. 823, I see no U.S.C. 824(a)(5).’’ Id. at 2. evidence in the record that Registrant was notified Registrant has not requested a hearing of this additional charge. As such, he has had no Specifically, the OSC alleged that, on and has not otherwise corresponded or opportunity to determine whether to address the September 25, 2018, Judgment was communicated with DEA regarding the status of his state authority. See Hatem M. Ataya, entered against Registrant in the United Order served on him, including the M.D., 81 FR 8221, 8245 (2016) (permitting the States District Court for the Eastern consideration of 21 U.S.C. 824(a)(3), because the respondent had a ‘‘meaningful opportunity to show District of Louisiana (hereinafter, E.D. 1 The Court’s notation of 18 U.S.C. 2 appears in that he retains his state authority.’’). In this case, I La.) ‘‘based on [Registrant’s] conviction this format, which was replicated in the OSC. decline to allow the Government to add the lack of on one count of ‘Conspiracy to Commit 2 See n.1. state authority charge.
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and his registration is currently ‘‘in a ground to impose a sanction on a not repeat it. See Jeffrey Stein, M.D., 84 renewal pending status.’’ Id. registrant. Arnold E. Feldman, M.D., 82 FR at 46972–74. Such silence weighs FR 39614, 39617 (2017); see also Gilbert against the Registrant’s continued Registrant’s Exclusion L. Franklin, D.D.S., 57 FR 3441 (1992) registration. Zvi H. Perper, M.D., 77 FR The evidence in the record (‘‘[M]andatory exclusion from 64131, 64142 (2012) (citing Medicine demonstrates that, on September 25, participation in the Medicare program Shoppe-Jonesborough, 73 FR 264, 387 2018, Judgment was entered against constitutes an independent ground for (2008); Samuel S. Jackson, 72 FR 23848, Registrant in E.D. La. ‘‘based on revocation pursuant to 21 U.S.C. [§ ] 23853 (2007)); see also Jones Total [Registrant’s] conviction on one count of 824(a)(5).’’). The ground in 21 U.S.C. Health Care Pharmacy, LLC v. Drug ‘Conspiracy to Commit Health Care 824(a)(5) requires that the registrant Enf’t Admin., 881 F.3d 823, 831 (11th Fraud,’ in violation of 18 U.S.C. 1349, ‘‘has been excluded (or directed to be Cir. 2018) (‘‘ ‘An agency rationally may one count of ‘Conspiracy to Pay and excluded) from participation in a conclude that past performance is the Receive Illegal Health Care Kickbacks,’ program pursuant to section 1320a–7(a) best predictor of future performance.’ ’’ in violation of 18 U.S.C. 371, fifteen of Title 42.’’ 42 U.S.C. 1320a–7(a) (quoting Alra Laboratories, Inc. v. Drug counts of ‘Health Care Fraud,’ in provides a list of four predicate offenses Enf’t Admin., 54 F.3d 450, 452 (7th Cir. violation of 18 U.S.C. 1347 and 2, and for which exclusion from Medicare, 1995))). one count of ‘Obstruction of a Federal Medicaid, and other federal health care Based on the record before me, I Audit,’ in violation of 18 U.S.C. 1516 programs is mandatory and sets out conclude that Registrant’s founded and 2.’’ RFAA EX 3 (Judgment in a mandatory timeframes for such criminality involving dishonesty and Criminal Case at 1, United States v. exclusion. Id. obstruction, resulting in his exclusion Barnes, No. 2:15–cr–61–SM–JCW (E.D. When a registrant facing a sanction from Medicare, Medicaid, and all La. September 28, 2018). under 21 U.S.C. 824(a)(5) offers no federal health care programs, makes him By letter dated March 29, 2019, HHS mitigating evidence for the ineligible for a DEA registration at this OIG notified Registrant of his exclusion Administrator to consider, ‘‘it is time. Accordingly, I shall order the from Medicare, Medicaid, and all reasonable that the Administrator might sanctions the Government requested, as federal health care programs under 42 revoke or suspend.’’ Jeffrey Stein, M.D., contained in the Order below. U.S.C. 1320a–7(a) for a minimum period 84 FR 46968, 46971 (2019); see, e.g., of twenty-five years based on Narciso A. Reyes, M.D., 83 FR 61678, Order Registrant’s felony convictions in E.D. 61681 (2018); Richard Hauser, M.D., 83 Pursuant to 28 CFR 0.100(b) and the La. RFAA, EX 4 (hereinafter, Exclusion FR 26308, 26310 (2018). Further, authority vested in me by 21 U.S.C. Letter), at 1. The Exclusion Letter stated ‘‘[t]here does not need to be a nexus to 824(a), I hereby revoke DEA Certificate that the period of exclusion was greater controlled substances to make a of Registration No. BB1040269 issued to than the minimum of five years, because connection between the activity that Shelton W. Barnes, M.D. Further, I the acts resulting in conviction ‘‘caused caused the mandatory exclusion and the hereby deny any pending application of a financial loss to a government agency potential for abuse of a DEA Shelton W. Barnes, M.D., to renew or or program or to one or more entities of registration.’’ Jeffrey Stein, M.D., 84 FR modify this registration, as well as any $50,000 or more,’’ and specifically, the at 46972; Narciso Reyes, M.D., 83 FR at pending application of Shelton W. court ordered Registrant ‘‘to pay 61681; KKK Pharmacy, 64 FR 49507, Barnes, M.D., for registration in approximately $10,850,200 in 49510 (1999) (collecting cases); Melvin Louisiana. This Order is effective March restitution.’’ Id. at 2. Further, the HHS N. Seglin, M.D., 63 Red. Reg. 70431, 4, 2020. OIG reasoned that ‘‘the acts were 70433 (1998); Stanley Dubin, D.D.S., 61 committed over a period of one year or FR 60727, 60728 (1996). Dated: January 3, 2020. more,’’ and specifically, that ‘‘the acts Here, there is no dispute in the record Uttam Dhillon, occurred from November 2008 to about that Registrant is mandatorily excluded Acting Administrator. May 2014.’’ Id. Finally, the HHS OIG pursuant to Section 1320a–7(a) of Title [FR Doc. 2020–01967 Filed 1–31–20; 8:45 am] considered whether the Registrant was 42 and, therefore, that a ground for the BILLING CODE 4410–09–P incarcerated and found that the ‘‘court revocation or suspension of Registrant’s sentenced [Registrant] to 60 months of registration exists. 21 U.S.C. 824(a)(5). incarceration.’’ Id. Per the Exclusion Indeed, Registrant was convicted of DEPARTMENT OF JUSTICE Letter, the exclusion became effective multiple counts involving fraud, twenty days from the date of the letter, kickbacks, and obstruction of a federal Drug Enforcement Administration or April 18, 2019. Id. at 1. The audit. The HHS OIG estimated that Exclusion Letter notified Registrant of Registrant’s criminality spanned six [Docket No. DEA–576] his appeal rights. Id. at 2–4. years and resulted in a financial loss of Accordingly, I find that the HHS OIG approximately $10,850,200. RFAA, EX Bulk Manufacturer of Controlled excluded Registrant from Medicare, 4, at 2. Substances Application: Noramco Inc. Medicaid, and all federal health care Where, as here, the Government has programs under 42 U.S.C. 1320a–7(a) for met its prima facie burden of showing ACTION: Notice of application. twenty-five years, effective April 18, that a ground for revocation exists, the 2019, based on Registrant’s convictions burden shifts to the Registrant to show DATES: Registered bulk manufacturers of in the E.D. La. why he can be entrusted with a the affected basic classes, and registration. See Jeffrey Stein, M.D., 84 applicants therefore, may file written Discussion FR at 46972. Registrant, as already comments on or objections to the Under Section 824(a) of the discussed, failed to respond in any way issuance of the proposed registration on Controlled Substances Act (hereinafter, to the OSC. See RFAA, at 6. Therefore, or before April 3, 2020. CSA), a registration may be suspended among other things, Registrant has not ADDRESSES: Written comments should or revoked upon a finding of one or accepted responsibility for his be sent to: Drug Enforcement more of five grounds. Each subsection of criminality, shown any remorse for it, or Administration, Attention: DEA Federal Section 824(a) provides an independent provided any assurance that he would Register Representative/DPW, 8701
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Morrissette Drive, Springfield, Virginia SUPPLEMENTARY INFORMATION: In Georgia 30601 applied to be registered 22152. accordance with 21 CFR 1301.33(a), this as a bulk manufacturer of the following is notice that on July 17, 2019, Noramco basic classes of controlled substances: Inc., 1550 Olympic Drive, Athens,
Controlled substance Drug code Schedule
Cathinone ...... 1235 I Gamma Hydroxybutyric Acid ...... 2010 I Marihuana Extract ...... 7350 I Marihuana ...... 7360 I Tetrahydrocannabinols ...... 7370 I Codeine-N-oxide ...... 9053 I Dihydromorphine ...... 9145 I Hydromorphinol ...... 9301 I Morphine-N-oxide ...... 9307 I Normorphine ...... 9313 I Amphetamine ...... 1100 II Lisdexamfetamine ...... 1205 II Methylphenidate ...... 1724 II Nabilone ...... 7379 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Hydrocodone ...... 9193 II Levorphanol ...... 9220 II Morphine ...... 9300 II Oripavine ...... 9330 II Thebaine ...... 9333 II Oxymorphone ...... 9652 II Noroxymorphone ...... 9668 II Alfentanil ...... 9737 II Sufentanil ...... 9740 II Carfentanil ...... 9743 II Tapentadol ...... 9780 II Fentanyl ...... 9801 II
The company plans to manufacture notice of an application it has received in 21 CFR 1301.33(a), DEA is providing bulk active pharmaceutical ingredients from an entity applying to be registered notice that the entity identified below (APIs) and reference standards for to manufacture in bulk basic classes of has applied for registration as a bulk distribution to their customers. controlled substances listed in schedule manufacturer of schedule I controlled In reference to drug codes 7350 I. Prior to making decisions on this and substances. In response, registered bulk (marihuana extract), 7360 (marihuana), other pending applications, DEA manufacturers of the affected basic and 7370 (tetrahydrocannabinols), the intends to promulgate regulations that classes, and applicants therefor, may file company plans to bulk manufacture govern the program of growing written comments on or objections of these drugs as synthetics. No other marihuana for scientific and medical the requested registration, as provided activities for these drugs are authorized research under DEA registration. in this notice. This notice does not for this registration. DATES: Registered bulk manufacturers of constitute any evaluation or Dated: January 24, 2020. the affected basic classes, and determination of the merits of the William T. McDermott, applicants therefor, may file written application submitted. comments on or objections to the Assistant Administrator. The applicant plans to manufacture issuance of the proposed registration on bulk active pharmaceutical ingredients [FR Doc. 2020–01959 Filed 1–31–20; 8:45 am] or before April 3, 2020. (APIs) for product development and BILLING CODE 4410–09–P ADDRESSES: Written comments should distribution to DEA registered be sent to: Drug Enforcement researchers. If its application for DEPARTMENT OF JUSTICE Administration, Attention: DEA Federal registration is granted, the registrant Register Representative/DPW 8701 would not be authorized to conduct Drug Enforcement Administration Morrissette Drive, Springfield, Virginia other activity under this registration 22152. To ensure proper handling of aside from those coincident activities [Docket No. DEA–567] comments, please reference ‘‘Docket No. specifically authorized by DEA DEA–567’’ in all correspondence, regulations. DEA will evaluate the Bulk Manufacturer of Controlled including attachments. application for registration as a bulk Substances Application: Bulk SUPPLEMENTARY INFORMATION: manufacturer for compliance with all Manufacturers of Marihuana: The applicable laws, treaties, and Spocannabis LLC Controlled Substances Act (CSA) prohibits the cultivation and regulations and to ensure adequate ACTION: Notice of application. distribution of marihuana except by safeguards against diversion are in persons who are registered under the place. SUMMARY: The Drug Enforcement CSA to do so for lawful purposes. In As this applicant has applied to Administration (DEA) is providing accordance with the purposes specified become registered as a Bulk
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Manufacturer of Marihuana, the registered with the DEA.’’ Id. at 2 (citing the Government accomplished service application will be evaluated under the 21 U.S.C. 824(a)(3)). of the OSC on Registrant on February 6, criteria of 21 U.S.C. 823(a) as described Specifically, the OSC alleged that the 2019. I also find that more than thirty in 84 FR 44920, published on August Wisconsin Board of Nursing days have now passed since the 27, 2019. (hereinafter, BON) issued an Order on Government accomplished service of In accordance with 21 CFR January 19, 2018, suspending the OSC. Further, based on the 1301.33(a), DEA is providing notice that Registrant’s professional nursing Government’s written representations, I on October 25, 2019, Spocannabis LLC, (hereinafter, RN) license and her find that neither Registrant, nor anyone 1321 North Stanley Road, Suite B, advanced practice nurse prescriber purporting to represent Registrant, Spokane Valley, Washington 99212 (hereinafter, APNP) certificate. OSC, at requested a hearing, submitted a written applied to be registered as a bulk 1. The OSC further alleged that statement while waiving Registrant’s manufacturer of the following basic Registrant’s RN license expired on right to a hearing, or submitted a classes of controlled substances: February 28, 2018, and her APNP corrective action plan. Accordingly, I certificate expired on September 30, find that Registrant has waived the right 2018. Id. at 1–2. Controlled Drug code Schedule to a hearing and the right to submit a substance The Show Cause Order notified written statement and corrective action Registrant of the right to request a plan. 21 CFR 1301.43(d) and 21 U.S.C. Marihuana ...... 7360 I hearing on its allegations or to submit a 824(c)(2)(C). I, therefore, issue this Tetrahydrocannabin- 7370 I written statement, while waiving the ols. Decision and Order based on the record I I right to a hearing, the procedures for submitted by the Government, which electing each option, and the The applicant noticed above applied constitutes the entire record before me. consequences for failing to elect either 21 CFR 1301.43(e). to become registered with DEA to grow option. Id. at 2 (citing 21 CFR 1301.43). marihuana as a bulk manufacturer The OSC also notified Registrant of the Findings of Fact subsequent to a 2016 DEA policy opportunity to submit a corrective Registrant’s DEA Registration statement that provided information on action plan. OSC, at 1, 2–3 (citing 21 how it intended to expand the number U.S.C. 824(c)(2)(C)). On February 17, 2010, DEA Certificate of registrations, and described in general of Registration No. MW2120006 was terms the way it would oversee those Adequacy of Service assigned to Registrant at the registered additional growers. Before DEA In a Declaration dated April 2, 2019, address of 6001 W North Ave., completes the evaluation and a Diversion Investigator (hereinafter, DI) Milwaukee, Wisconsin. RFAA, EX 5 registration process for applicants to assigned to the Milwaukee District (Certification of Registration History), at grow marihuana, DEA intends to Office, Chicago Field Division, stated 1. This registration authorized propose regulations in the near future that she and a Special Agent Registrant to dispense controlled that would supersede the 2016 policy (hereinafter, SA) travelled to substances in schedules II through V as statement and govern persons seeking to Registrant’s home address on February a practitioner. Id. Registrant’s become registered with DEA to grow 6, 2019, to personally serve Registrant registration expired on May 31, 2019. Id. marihuana as bulk manufacturers, with the OSC. RFAA, Exhibit (EX) 4 (DI According to Agency records, Registrant consistent with applicable law, as Declaration), at 1. The DI stated she did not submit a renewal application described in 84 FR 44920. ‘‘knew this was Registrant’s home and her registration was retired on July Dated: January 7, 2020. address because it was the address 1, 2019.1 William T. McDermott, listed on her Wisconsin d[r]iver’s license’’ and, upon arriving at the The Status of Registrant’s State Assistant Administrator. residence, the DI ‘‘recognized Registrant Licensure [FR Doc. 2020–01966 Filed 1–31–20; 8:45 am] because [she] had previously met with On May 11, 2017, the Wisconsin BON BILLING CODE 4410–09–P her.’’ Id. The DI further stated that she issued a Final Decision and Order ‘‘personally served the [OSC] on (hereinafter, collectively, Final Registrant by handing it to her’’ and DEPARTMENT OF JUSTICE Decision) restricting Registrant’s RN ‘‘Registrant signed a DEA–12, Receipt license and APNP certificate.2 RFAA, Drug Enforcement Administration for Cash or Other Items, acknowledging EX 3, at 3–5. On January 19, 2018, the her receipt’’ of the OSC. Id., see also BON determined that Registrant failed Theresa L. Wendt, N.P.; Decision and RFAA, EX 4B (executed DEA–12). to comply with the Final Decision’s Order The Government forwarded its RFAA, restrictions and issued an Order, along with the evidentiary record, for effective immediately, suspending both On January 24, 2019, the Assistant adjudication on April 3, 2019. The Registrant’s RN license and her APNP Administrator, Diversion Control Government represents that ‘‘at least certificate. RFAA, EX 3, at 9 (Order Division, Drug Enforcement thirty days have passed since the time Suspending License). Administration (hereinafter, the [OSC] was served on Registrant’’ and Government), issued an Order to Show she ‘‘has not requested a hearing and 1 The fact that a Registrant allows her registration Cause to Theresa L. Wendt, N.P., has not otherwise corresponded or to expire during the pendency of an OSC does not (hereinafter, Registrant), of Milwaukee, communicated with DEA.’’ RFAA, at 2. impact my jurisdiction or prerogative under the Wisconsin. Order to Show Cause The Government requests that Controlled Substances Act (hereinafter, CSA) to adjudicate the OSC to finality. Jeffrey D. Olsen, (hereinafter, OSC), at 1. The OSC ‘‘Registrant’s DEA registration be M.D., 84 FR 68474 (2019). proposed the revocation of Registrant’s revoked based on 21 U.S.C. 824(a)(3) 2 In its Final Decision, the BON found that Certificate of Registration No. because Registrant has no valid nursing Registrant issued a controlled substance MW2120006. It alleged that Registrant is license in Wisconsin.’’ Id. at 3. prescription to an individual who was not a patient ‘‘without authority to handle controlled at the pain clinic where Registrant was employed, Based on the DI’s Declaration, the substituted her cell number for the clinic’s phone substances in the State of Wisconsin, Government’s written representations, number, and did not maintain a treatment record the state in which . . . [she is] and my review of the record, I find that at the clinic for that individual.
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According to the website of the permitted, by . . . the jurisdiction in . . . a controlled substance in the Wisconsin Department of Safety and which he practices . . . , to distribute, course of professional practice.’’ Wis. Professional Services, of which I take dispense, . . . [or] administer . . . a Stat. § 961.01(19)(a) (West, Westlaw official notice, Registrant’s RN license controlled substance in the course of current through 2019 Act 21, published and her APNP certificate remain professional practice.’’ 21 U.S.C. November 14, 2019). suspended.3 Wisconsin Credential/ 802(21). Second, in setting the Here, the undisputed evidence in the License Search, https:// requirements for obtaining a record is that Registrant is not currently licensesearch.wi.gov/ (last visited practitioner’s registration, Congress licensed as a RN or an APN, January 3, 2020). The website also states directed that ‘‘[t]he Attorney General prerequisites for her to be licensed as an that Registrant’s RN license expired on shall register practitioners . . . if the APNP. As such, she is not authorized to February 28, 2018 and that her APNP applicant is authorized to dispense . . . dispense controlled substances in certificate expired on September 30, controlled substances under the laws of Wisconsin, the state in which she is 2018. Thus, neither Registrant’s the State in which he practices.’’ 21 registered with the DEA. Since Wisconsin RN license nor her APNP U.S.C. 823(f). Because Congress has Registrant lacks authority to dispense certificate was current on the date the clearly mandated that a practitioner controlled substances in Wisconsin, she Assistant Administrator issued the OSC, possess state authority in order to be is not eligible to hold a DEA and neither is current today. deemed a practitioner under the CSA, registration. 21 U.S.C. 823(f). the DEA has held repeatedly that Accordingly, I will order that Discussion revocation of a practitioner’s registration Registrant’s DEA registration be Pursuant to 21 U.S.C. 824(a)(3), the is the appropriate sanction whenever he revoked. Attorney General is authorized to is no longer authorized to dispense Order suspend or revoke a registration issued controlled substances under the laws of under section 823 of the CSA ‘‘upon a the state in which he practices. See, e.g., Pursuant to 28 CFR 0.100(b) and the finding that the registrant . . . has had James L. Hooper, 76 FR at 71371–72; authority vested in me by 21 U.S.C. his State license or registration Sheran Arden Yeates, M.D., 71 FR 824(a), I hereby revoke DEA Certificate suspended . . . [or] revoked . . . by 39130, 39131 (2006); Dominick A. Ricci, of Registration MW2120006 issued to competent State authority and is no M.D., 58 FR 51104, 51105 (1993); Bobby Theresa L. Wendt, N.P. I further hereby longer authorized by State law to engage Watts, M.D., 53 FR 11919, 11920 (1988); deny any pending application of in the . . . dispensing of controlled Frederick Marsh Blanton, 43 FR at Theresa L. Wendt, N.P. to renew or substances.’’ With respect to a 27617. modify this registration, as well as any practitioner, the DEA has also long held In Wisconsin, an ‘‘advanced practice other applications of Theresa L. Wendt, that the possession of authority to nurse’’ is a registered nurse who ‘‘has a N.P. for an additional registration in dispense controlled substances under current license to practice professional Wisconsin. This Order is effective the laws of the state in which a nursing’’ in Wisconsin. Wis. Admin. March 4, 2020. practitioner engages in professional Code N § 8.02(1) (West, Westlaw current Dated: January 3, 2020. through Wisconsin Register 767B, practice is a fundamental condition for Uttam Dhillon, obtaining and maintaining a published November 25, 2019). An ‘‘advanced practice nurse prescriber’’ is Acting Administrator. practitioner’s registration. See, e.g., [FR Doc. 2020–01970 Filed 1–31–20; 8:45 am] James L. Hooper, M.D., 76 FR 71,371 ‘‘an advanced practice nurse who has BILLING CODE 4410–09–P (2011), pet. for rev. denied, 481 Fed. been granted a certificate to issue Appx. 826 (4th Cir. 2012); Frederick prescription orders’’ under Wis. Stat § 441.16(2). Wis. Admin. Code N Marsh Blanton, M.D., 43 FR 27616, DEPARTMENT OF JUSTICE 27617 (1978). § 8.02(2) (West, Westlaw current through Wisconsin Register 767B, This rule derives from the text of two 4 Drug Enforcement Administration provisions of the CSA. First, Congress published November 25, 2019). Under the Wisconsin Uniform defined the term ‘‘practitioner’’ to mean Andrzej Kazimierz Zielke, M.D.; Controlled Substances Act (hereinafter, ‘‘a physician . . . or other person Decision and Order Act), a person must have a federal licensed, registered, or otherwise controlled substances registration in On December 1, 2017, the Assistant order to lawfully dispense controlled Administrator, Diversion Control 3 Under the Administrative Procedure Act, an 5 agency ‘‘may take official notice of facts at any stage substances in Wisconsin. Wis. Stat. Division, Drug Enforcement in a proceeding—even in the final decision.’’ § 961.32(1m)(a) (West, Westlaw current Administration (hereinafter, DEA or United States Department of Justice, Attorney through 2019 Act 21, published Government), issued an Order to Show General’s Manual on the Administrative Procedure November 14, 2019). The Act further Cause (hereinafter, OSC) to Andrzej Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an provides that a ‘‘practitioner’’ includes Kazimierz Zielke, M.D. (hereinafter, agency decision rests on official notice of a material an ’’ advanced practice nurse . . . Registrant), of North Huntingdon, fact not appearing in the evidence in the record, a licensed, registered, certified or Pennsylvania. OSC, at 1. The OSC party is entitled, on timely request, to an otherwise permitted to . . . dispense proposed the revocation of Registrant’s opportunity to show the contrary.’’ Accordingly, Registrant may dispute my finding by filing a DEA Certificate of Registration No. properly supported motion for reconsideration 4 An advanced practice nurse (hereinafter, APN) BZ6248199 on the ground that within fifteen calendar days of the date of this who meets the requisite education, training and Registrant does not have authority to Order. Any such motion shall be filed with the examination requirements, and who pays the handle controlled substances in the Office of the Administrator and a copy shall be required fee, ‘‘shall [be] grant[ed] a certificate to served on the Government. In the event Registrant issue prescription orders.’’ Wis. Stat. § 441.16(2) Commonwealth of Pennsylvania, the files a motion, the Government shall have fifteen (West, Westlaw current through 2019 Act 21, state in which Registrant is registered calendar days to file a response. Any such motion published November 14, 2019). with the DEA. Id. (citing 21 U.S.C. and response may be filed and served by email 5 Under Wisconsin law, ‘‘dispensing’’ a controlled 823(f) and 824(a)(3)). ([email protected]) or by mail to substance includes ‘‘prescribing’’ a controlled Office of the Administrator, Attn: ADDO, Drug substance. Wis. Stat. § 961.01(7) (West, Westlaw Specifically, the OSC alleged that on Enforcement Administration, 8701 Morrissette current through 2019 Act 21, published November October 11, 2017, the Pennsylvania Drive, Springfield, VA 22152. 14, 2019). State Board of Medicine issued an
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‘‘Order of Temporary Suspension and Form 12, Receipt for Cash or Other EX 3, at 1 (Suspension Order). Notice of Hearing in which it suspended Items, to acknowledge his receipt of the According to the Petition, on October 4, [Registrant’s] license to practice Show Cause Order. Id.; see also 2017, a criminal complaint and arrest medicine and surgery,’’ and that Government’s Response, EX B. warrant were filed in the U.S. District Registrant is ‘‘without authority to Based on the SA’s Declaration, the Court for the Western District of practice medicine or handle controlled Government’s written representations, Pennsylvania, charging Respondent substances in the Commonwealth of and my review of the record, I find that with: Illegal distribution of Schedule II Pennsylvania, the state in which [he is] the Government accomplished service prescription narcotics and conspiracy to registered with DEA.’’ Id. at 1–2. The of the OSC on Registrant on December illegally distribute schedule II OSC asserts that ‘‘[c]onsequently, DEA 6, 2017. I also find that more than thirty prescription narcotics in violation of 21 must revoke [his] DEA registration days have now passed since the U.S.C 841(a)(1) and 846, mail fraud in based on [his] lack of authority to Government accomplished service of violation of 18 U.S.C. 1341, and health handle controlled substances in the the OSC. Further, based on the care fraud, in violation of 18 U.S.C. Commonwealth of Pennsylvania.’’ Id. at Government’s written representations, I 1347. EX 3, at 9 (Petition). Therefore, 2 (citing 21 U.S.C. 824(a)(3); 21 CFR find that neither Registrant, nor anyone the Board ordered that the ‘‘license to 1301.37(b)). purporting to represent the Registrant, practice medicine and surgery issued to The OSC notified Registrant of the requested a hearing, submitted a written the Respondent . . . along with any right to request a hearing on the statement while waiving Registrant’s other authorizations to practice the allegations or to submit a written right to a hearing, or submitted a profession issued by the Board to statement, while waiving the right to a corrective action plan. Accordingly, I Respondent, are temporarily suspended hearing, the procedures for electing each find that Registrant has waived the right upon service of [the] Order.’’ Id. at 1– option, and the consequences for failing to a hearing and the right to submit a 2 (Suspension Order) (emphasis to elect either option. OSC, at 2 (citing written statement and corrective action omitted). 21 CFR 1301.43). The OSC also notified plan. 21 CFR 1301.43(d) and 21 U.S.C. According to Pennsylvania’s online Registrant of the opportunity to submit 824(c)(2)(C). I, therefore, issue this records, of which I take official notice, a corrective action plan. OSC, at 2–3 Decision and Order based on the record Registrant’s license is still suspended.1 (citing 21 U.S.C. 824(c)(2)(C)). submitted by the Government, which Pennsylvania Department of State, Bureau of Professional and Adequacy of Service constitutes the entire record before me. 21 CFR 1301.43(e). Occupational Affairs, https:// The Government submitted its www.pals.pa.gov/ (last visited January 3, Request for Final Agency Action Findings of Fact 2020). (hereinafter, RFAA) in this matter to my Registrant’s DEA Registration Therefore, I find that Registrant office on February 6, 2018, representing currently is not licensed to engage in the that since the service of the Order to Registrant is the holder of DEA practice of medicine in the Show Cause, Registrant ‘‘has not Certificate of Registration No. Commonwealth of Pennsylvania, the requested a hearing and has not BZ6248199 at the registered address of state in which Registrant is registered otherwise corresponded or 8775 Norwin Avenue, Suite 114, North with the DEA. communicated with DEA.’’ RFAA, at 1. Huntingdon, Pennsylvania. OSC, at 1. The Government’s initial RFAA Pursuant to this registration, Registrant Discussion included only a Form DEA–12 Receipt is authorized to dispense controlled Pursuant to 21 U.S.C. 824(a)(3), the as evidence of service of the Show substances in schedules II through V as Attorney General is authorized to Cause Order on Registrant. A former a practitioner. Id. Registrant’s suspend or revoke a registration issued Acting Administrator issued an Order registration expires on May 31, 2020, under section 823 of the Controlled directing the Government to provide a and is ‘‘in an active pending status.’’ Id. Substances Act (hereinafter, CSA), declaration setting forth the On October 11, 2017, the State Board ‘‘upon a finding that the registrant . . . circumstances regarding how it of Medicine for the Commonwealth of has had his State license or registration accomplished service. May 17, 2018, Pennsylvania (hereinafter, the Board), suspended . . . [or] revoked . . . by Order of the Acting Administrator. On issued Registrant an Order of Temporary competent State authority and is no February 26, 2019, the Government filed Suspension and Notice of Hearing longer authorized by State law to engage its Response to my office, including (hereinafter, Suspension Order), in the . . . dispensing of controlled therein the Declaration of the Special suspending his state license to practice substances.’’ With respect to a Agent detailing how service was medicine and surgery. RFAA, EX 3, at practitioner, the DEA has also long held effectuated. Government’s Response to 2. that the possession of authority to Acting Administrator’s Order The Government contends that dispense controlled substances under (hereinafter, Government’s Response). Registrant currently lacks state authority the laws of the State in which a On December 6, 2017, a DEA Special to practice medicine and surgery on the practitioner engages in professional Agent (hereinafter, SA) and a Diversion basis of the Suspension Order issued by Investigator (hereinafter, DI) with the Board. RFAA, at 3. Upon review of the 1 Under the Administrative Procedure Act (APA), DEA Pittsburgh District Office, Petition for Temporary Suspension of an agency ‘‘may take official notice of facts at any stage in a proceeding—even in the final decision.’’ Philadelphia Field Division, personally Registrant’s license (hereinafter, U.S. Dept. of Justice, Attorney General’s Manual on served Registrant with the OSC at his Petition), filed by the Prosecuting the Administrative Procedure Act 80 (1947) (Wm. residence. Government’s Response, Attorney for the Commonwealth of W. Gaunt & Sons, Inc., Reprint 1979). In accordance Declaration of Service of Order to Show Pennsylvania’s Department of State, the with the APA and DEA’s regulations, Respondent is ‘‘entitled on timely request to an opportunity to Cause (hereinafter, SA’s Declaration). Board found that the ‘‘alleged facts . . . show to the contrary.’’ 5 U.S.C. 556(e); see also 21 The SA stated that upon arrival at the if taken as true,’’ establish that CFR 1316.59(e). To allow Respondent the registered address, Registrant identified ‘‘[Registrant’s] continued practice of opportunity to refute the facts of which I take official notice, Respondent may file a motion for himself as Dr. Zielke. Id. The SA then medicine and surgery . . . makes reconsideration within 15 calendar days of service ‘‘personally served the [OSC] on [Registrant] an immediate and clear of this order which shall commence on the date this Registrant.’’ Id. Registrant signed a DEA danger to the public health and safety.’’ order is mailed.
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practice is a fundamental condition for profession.’’ 35 Pa. Stat. and Cons. Stat. State of California, the state in which obtaining and maintaining a Ann. § 780–113(14). Additionally, the [Registrant is] registered with the DEA.’’ practitioner’s registration. See, e.g., statute prohibits ‘‘knowingly or Id. at 2 (citing 21 U.S.C. 824(a)(3)). James L. Hooper, M.D., 76 FR 71371 intentionally possessing a controlled Specifically, the OSC alleged that on (2011), pet. for rev. denied, 481 Fed. . . . substance by a . . . practitioner not April 20, 2018, the Medical Board of Appx. 826 (4th Cir. 2012); Frederick registered or licensed by the appropriate California (hereinafter, Board) issued a Marsh Blanton, M.D., 43 FR 27616, state board.’’ Id. at § 780–113(15). Here, Decision and Order directing that, 27617 (1978). the undisputed evidence in the record is effective May 18, 2018, Registrant This rule derives from the text of two that Registrant currently lacks authority ‘‘ ‘shall not order, prescribe, dispense, provisions of the CSA. First, Congress to practice medicine and surgery in administer, furnish, or possess any defined the term ‘‘practitioner’’ to mean Pennsylvania. A practitioner, who is a controlled substances.’ ’’ Id. (quoting ‘‘a physician . . . or other person physician and a medical doctor, must be Board’s Order). The OSC further alleged licensed, registered, or otherwise licensed and cannot prescribe that ‘‘on July 23, 2018, [Registrant] permitted, by . . . the jurisdiction in controlled substances in his surrendered [his] Physician’s and which he practices . . ., to distribute, professional practice or possess Surgeon’s Certificate to the Board in dispense, . . . [or] administer . . . a controlled substances without a license accordance with an ‘Agreement for controlled substance in the course of to practice medicine and surgery. Id. at Surrender of License’ that [he] entered professional practice.’’ 21 U.S.C. § 780–113(14), (15). Because Registrant into with the Board on that same date.’’ 802(21). Second, in setting the lacks authority to practice medicine in Id. at 1–2. requirements for obtaining a Pennsylvania and, therefore, is not The OSC notified Registrant of the practitioner’s registration, Congress authorized to possess or prescribe right to request a hearing on the directed that ‘‘[t]he Attorney General controlled substances in Pennsylvania, allegations or to submit a written shall register practitioners . . . if the Registrant is not eligible to maintain a statement while waiving the right to a applicant is authorized to dispense . . . DEA registration. Accordingly, I will hearing, the procedures for electing each controlled substances under the laws of order that Registrant’s DEA registration option, and the consequences for failing the State in which he practices.’’ 21 be revoked. to elect either option. Id. at 2 (citing 21 U.S.C. 823(f). Because Congress has CFR 1301.43). The OSC also notified clearly mandated that a practitioner Order Registrant of the opportunity to submit possess State authority in order to be Pursuant to 28 CFR 0.100(b) and the a corrective action plan. Id. at 1, 3 deemed a practitioner under the CSA, authority vested in me by 21 U.S.C. (citing 21 U.S.C. 824(c)(2)(C)). the DEA has held repeatedly that 824(a), I hereby revoke DEA Certificate Adequacy of Service revocation of a practitioner’s registration of Registration No. BZ6248199, issued is the appropriate sanction whenever he to Andrjez Kazimierz Zielke, M.D. In a Declaration dated July 17, 2019, is no longer authorized to dispense Further, I hereby deny any pending a Diversion Investigator (hereinafter, DI) controlled substances under the laws of application of Andrjez Kazimierz assigned to the Los Angeles Field the State in which he practices. See, Zielke, M.D. to renew or modify this Division stated that on May 29, 2019, e.g., James L. Hooper, M.D., 76 FR at registration, as well as any pending she and a Special Agent (hereinafter, 71371–72; Sheran Arden Yeates, M.D., application of Andrjez Kazimierz SA) traveled to Registrant’s home 71 FR 39130, 39131 (2006); Dominick A. Zielke, M.D., for registration in the address, which she had obtained during Ricci, M.D., 58 FR 51104, 51105 (1993); Commonwealth of Pennsylvania. This a prior telephone conversation with Bobby Watts, M.D., 53 FR 11919, 11920 Order is effective March 4, 2020. Registrant. Request for Final Agency (1988); Frederick Marsh Blanton, M.D., Action (hereinafter, RFAA), EX 4 (DI’s Dated: January 3, 2020. 43 FR at 27617. Declaration), at 1. The DI stated Pennsylvania law defines a Uttam Dhillon, Registrant was not at home when they ‘‘practitioner’’ as a ‘‘(i) a physician . . . Acting Administrator. arrived at the home address, but she licensed, registered or otherwise [FR Doc. 2020–01968 Filed 1–31–20; 8:45 am] spoke with him on his cell phone and permitted to distribute, dispense . . . or BILLING CODE 4410–09–P he arrived several minutes later. Id. to administer a controlled substance Registrant identified himself, the DI . . . in the course of professional verified his identity by looking at his practice or research in the DEPARTMENT OF JUSTICE driver’s license, and the DI then Commonwealth of Pennsylvania.’’ 35 personally served the OSC on Drug Enforcement Administration Pa. Stat. and Cons. Stat. Ann. § 780–102 Registrant. RFAA, EX 4, at 1–2. (West 2019). Pennsylvania law further Kambiz Haghighi, M.D.; Decision and Registrant signed a DEA–12, Receipt for defines a ‘‘physician,’’ as a ‘‘medical Order Cash or Other Items, acknowledging his doctor,’’ and a ‘‘medical doctor,’’ as an receipt of the OSC, which the SA signed ‘‘individual who has acquired’’ a license On May 22, 2019, the Assistant as a witness. Id. at 2, see also RFAA, EX ‘‘to practice medicine and surgery Administrator, Diversion Control 4B (DEA–12). issued by the board.’’ 63 Pa. Stat. and Division, Drug Enforcement The Government forwarded its RFAA, Cons. Stat. Ann. § 422.2 (West 2019). Administration (hereinafter, along with the evidentiary record, to State law prohibits ‘‘[t]he Government), issued an Order to Show this office on July 26, 2019. Therein, the administration, dispensing, delivery, Cause to Kambiz Haghighi, M.D. Government represents that ‘‘at least gift or prescription of any controlled (hereinafter, Registrant) of Long Beach, [thirty] days have passed since the time substance by any practitioner . . . California. Order to Show Cause the [OSC] was served on Registrant’’ and unless done (i) in good faith in the (hereinafter, OSC), at 1. The OSC he ‘‘has not requested a hearing and has course of his professional practice; (ii) proposed the revocation of Registrant’s not otherwise corresponded or within the scope of the patient Certificate of Registration No. communicated with DEA.’’ RFAA, at 1– relationship; (iii) in accordance with BH6439714 on the ground that 2. The Government requests that treatment principles accepted by a Registrant ‘‘is without authority to ‘‘Registrant’s DEA Registration [ ] be responsible segment of the medical handle controlled substances in the revoked based on 21 U.S.C. 824(a)(3)
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because Registrant has no valid medical ‘‘wherein [Registrant’s] license was clearly mandated that a practitioner license in California . . . [and] is revoked, with the revocation stayed, and possess State authority in order to be without state authority to handle placed on seven [ ] years’ probation with deemed a practitioner under the CSA, controlled substances in California, the various standard terms and conditions.’’ the DEA has held repeatedly that state where he is registered with DEA.’’ Id. at 2. The Board Decision provided revocation of a practitioner’s registration Id. at 3. that ‘‘ ‘if [Registrant] ceases practicing is the appropriate sanction whenever he Based on the DI’s Declaration, the due to retirement, health reasons, or is is no longer authorized to dispense Government’s written representations, unable to satisfy the terms and controlled substances under the laws of and my review of the record, I find that condition of probation, [Registrant] may the State in which he practices. See, the Government accomplished service request to surrender his . . . license.’ ’’ e.g., Hooper, supra, 76 FR at 71371–72; of the OSC on Registrant on May 29, Id. Pursuant to the Agreement, Sheran Arden Yeates, M.D., 71 FR 2019. I also find that more than thirty Registrant agreed that he ‘‘understands 39130, 39131 (2006); Dominick A. Ricci, days have now passed since the he will no longer be permitted to M.D., 58 FR 51104, 51105 (1993); Bobby Government accomplished service of practice as a physician and surgeon in Watts, M.D., 53 FR 11919, 11920 (1988); the OSC. Further, based on the California.’’ Id. The Agreement further Blanton, supra, 43 FR at 27617. Government’s written representations, I provided that should Registrant ever file According to the California Uniform find that neither Registrant, nor anyone an application for relicensure or Controlled Substances Act, ‘‘No person purporting to represent the Registrant, reinstatement in California, the Board other than a physician . . . shall write requested a hearing, submitted a written would treat it as a petition for or issue a prescription.’’ Cal. Health & statement while waiving Registrant’s reinstatement of a revoked license. Id. Safety Code section 11150 (West 2019). right to a hearing, or submitted a According to the website of the Further, ‘‘physician,’’ as defined by corrective action plan. Accordingly, I California Department of Consumer California statute, is a person who is find that Registrant has waived the right Affairs, of which I take official notice, ‘‘licensed to practice’’ in California. Cal. to a hearing and the right to submit a Registrant’s license remains Health & Safety Code section 11024 written statement and corrective action surrendered. 2 https://search.dca.ca.gov/ (West 2019). plan. 21 CFR 1301.43(d) and 21 U.S.C. details/8002/A/68934/ Here, the undisputed evidence in the 824(c)(2)(C). I, therefore, issue this f0e886931951cf8f0b2f2099fecad44b record is that Registrant currently lacks Decision and Order based on the record (last visited January 3, 2020). authority to practice medicine in submitted by the Government, which Accordingly, I find that Registrant California. As already discussed, a constitutes the entire record before me. currently is not licensed to engage in the physician must be a licensed 21 CFR 1301.43(e). practice of medicine in California, the practitioner to dispense a controlled state in which he is registered with the substance in California. Thus, because Findings of Fact DEA. Registrant lacks authority to practice Registrant’s DEA Registration This rule derives from the text of two medicine in California and, therefore, is provisions of the CSA. First, Congress not authorized to handle controlled Registrant is the holder of DEA defined the term ‘‘practitioner’’ to mean substances in California, I will order Certificate of Registration No. ‘‘a physician . . . or other person that Registrant’s DEA registration be BH6439714 at the registered address of licensed, registered, or otherwise revoked. 4401 N. Atlantic Ave., 101, Long Beach, permitted, by . . . the jurisdiction in California 90807. RFAA, EX 1 Order which he practices . . ., to distribute, (Certification of Registration History). dispense, . . . [or] administer . . . a Pursuant to 28 CFR 0.100(b) and the Pursuant to this registration, Registrant controlled substance in the course of authority vested in me by 21 U.S.C. is authorized to dispense controlled professional practice.’’ 21 U.S.C. 824(a), I hereby revoke DEA Certificate substances in schedules II through V as 802(21). Second, in setting the of Registration No. BH6439714 issued to a practitioner. Id. Registrant’s requirements for obtaining a Kambiz Haghighi, M.D. Further, I registration expires on October 31, 2020, practitioner’s registration, Congress hereby deny any pending application of and is ‘‘in an active pending status.’’ Id. directed that ‘‘[t]he Attorney General Kambiz Haghighi, M.D., to renew or The Status of Registrant’s State License shall register practitioners . . . if the modify this registration, as well as any applicant is authorized to dispense . . . pending application of Kambiz On July 23, 2018, Registrant Haghighi, M.D., for registration in surrendered his California Physician’s controlled substances under the laws of the State in which he practices.’’ 21 California. This Order is effective March and Surgeon’s Certificate pursuant to an 4, 2020. Agreement for Surrender of License U.S.C. 823(f). Because Congress has Dated: January 3, 2020. (hereinafter, Agreement) that he entered 2 1 Under the Administrative Procedure Act, an Uttam Dhillon, into with the Board. RFAA, EX 3 agency ‘‘may take official notice of facts at any stage (Agreement). According to the in a proceeding—even in the final decision.’’ Acting Administrator. Agreement, Registrant surrendered his United States Department of Justice, Attorney [FR Doc. 2020–01969 Filed 1–31–20; 8:45 am] medical license following a Board General’s Manual on the Administrative Procedure BILLING CODE 4410–09–P Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint Decision effective on May 18, 2018, 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an agency decision rests on official notice of a material 1 The Government’s evidence includes a letter of fact not appearing in the evidence in the record, a DEPARTMENT OF JUSTICE certification submitted by the Executive Director of party is entitled, on timely request, to an the Medical Board of California, certifying the opportunity to show the contrary.’’ Accordingly, Drug Enforcement Administration surrender of Registrant’s Physician’s and Surgeon’s Registrant may dispute my finding by filing a Certificate. RFAA, EX 3, at 1. The letter also properly supported motion for reconsideration Solomon Adu-Beniako, M.D.; Decision certifies prior disciplinary action against Registrant, within 15 calendar days of the date of this Order. including an Order Restricting the Practice of Any such motion shall be filed with the Office of and Order Medicine issued by the Superior Court of Riverside the Administrator and a copy shall be served on the County on November 23, 2015, and an Accusation Government. In the event Registrant files a motion, On September 12, 2019, the Assistant and First Amended Accusation filed against the Government shall have 15 calendar days to file Administrator, Diversion Control Registrant in May and July, 2017. Id. a response. Division, Drug Enforcement
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Administration (hereinafter, DEA or location ‘‘could not recall the last time the OSC. Id. at 3. Registrant repeatedly Government), issued an Order to Show [Registrant] was in the office or when refused to take possession of the OSC Cause to Solomon Adu-Beniako, M.D, [Registrant] was expected to report back during this meeting, even after its (hereinafter, Registrant), of Southfield, to that location.’’ Id. at 2–3. On the relevance had been clearly Michigan. Order to Show Cause following day, the DI spoke to Registrant communicated to Registrant, and the DI (hereinafter, OSC), at 1. The OSC on the telephone, identified himself, and SA made reasonable efforts to leave proposed the revocation of Registrant’s and arranged to meet with him at a the papers with Registrant. Id. Thus, Certificate of Registration No. restaurant on that same day. Id. The DI Registrant was reasonably apprised of FA7485027 on the ground that stated that he and the same SA met with the pendency of the action and his Registrant does ‘‘not have authority to the Registrant, placed the OSC on the refusal to take possession of the papers handle controlled substances in table in front of him, and explained that does not mean service was inadequate. Michigan, the state in which . . . ‘‘he was being served with an [OSC] [Registrant is] registered with the DEA.’’ because he lacked state authority to See United States v Miller, 2007 WL Id. (citing 21 U.S.C. 823(f) and handle controlled substances in 3173362 (E.D. Mich. Oct. 29, 2007) (The 824(a)(3)). Michigan and that he would not be able defendant of an institution of an action Specifically, the OSC alleged that the to maintain a DEA registration without against him ‘‘‘cannot claim that the State of Michigan Board of Pharmacy such authorization.’’ Id. at 3. The DI court has not [sic] authority to act when (hereinafter, Board) issued a Final Order stated that Registrant pushed the he has willfully evaded the service of effective on July 21, 2019, which document away from him, and the SA process.’’’ (quoting Ali v. Mid-Atl. revoked Registrant’s Michigan ‘‘attempted to again explain the Order to Settlement Servs., Inc., 233 FRD. 32, 36 controlled substance and drug control- Show Cause process’’ to Registrant, at (D.D.C. 2006) (citation omitted))).1 location licenses (5315023991, which point Registrant ‘‘stood up and I also find that more than thirty days 5307004648 and 5307004717). Id. at 1– quickly left the restaurant.’’ Id. at 3. The have now passed since the Government 2. The OSC alleged that because the DI ‘‘mentioned to [Registrant] that his accomplished service of the OSC. Board had not modified or lifted its name appeared on the [OSC] document Further, based on the Government’s revocation order, Registrant lacks and that he should not leave the written representations, I find that authority to handle controlled document on the table,’’ but Registrant neither Registrant, nor anyone substances in the State of Michigan. Id. ‘‘continued on to his automobile and at 2, citing 21 U.S.C. 802(21), 823(f) and drove away.’’ Id. The DI and the SA purporting to represent the Registrant, 824(a)(3). then left the restaurant with the OSC. Id. requested a hearing, submitted a written The OSC notified Registrant of the The Government forwarded its RFAA, statement while waiving Registrant’s right to request a hearing on the along with the evidentiary record, to right to a hearing, or submitted a allegations or to submit a written this office on November 18, 2019. In its corrective action plan. Accordingly, I statement while waiving the right to a RFAA, the Government contends that find that Registrant has waived the right hearing, the procedures for electing each despite Registrant’s refusal to take to a hearing and the right to submit a option, and the consequences for failing possession of the OSC, he is deemed to written statement and corrective action to elect either option. OSC, at 2 (citing have been sufficiently served. RFAA, at plan. 21 CFR 1301.43(d) and 21 U.S.C. 21 CFR 1301.43). The OSC also notified 6. The Government requests a final 824(c)(2)(C). I, therefore, issue this Registrant of the opportunity to submit order holding that Registrant has waived Decision and Order based on the record a corrective action plan. Id. at 4 (citing his opportunity for a hearing and submitted by the Government, which 21 U.S.C. 824(c)(2)(C)). otherwise failed to respond to the Show constitutes the entire record before me. Adequacy of Service Cause Order, and revoking Registrant’s 21 CFR 1301.43(e). DEA registration. Id. at 2. In a Declaration dated November 8, Based on the DI’s Declaration, the Findings of Fact 2019, a Diversion Investigator Government’s written representations, Registrant’s DEA Registration (hereinafter, DI) assigned to the Detroit and my review of the record, I find that Division Office, detailed his the Government accomplished service Registrant is the holder of DEA investigation in the matter involving of the OSC on Registrant on September Certificate of Registration No. Registrant. Request for Final Agency 20, 2019. I find that the Government has FA7485027 at the registered address of Action (hereinafter, RFAA), EX 8 (DI satisfied its obligation under the Due 20905 Greenfield Rd., Ste. 702, Declaration), at 1–2. The DI stated that Process Clause ‘‘to provide ‘notice Southfield, Michigan. RFAA, EX 2 he obtained a copy of the Michigan reasonably calculated, under all the (Certification of Registration History). Board of Pharmacy’s Final Order dated circumstances, to apprise interested Pursuant to this registration, Registrant June 21, 2019, and as a result of that parties of the pendency of the action is authorized to dispense controlled Final Order, DEA issued an Order to and afford them an opportunity to substances in schedules II through V 2 as Show Cause on Registrant. Id. at 2. He present their objections.’’’ Jones v. further stated that on September 19, Flowers, 547 U.S. 220, 226 (2006) 1 2019, he and a DEA Special Agent (quoting Mullane v. Central Hanover See also Morgan v. United States, 304 U.S. 1, 18 (1938) (‘‘The right to a hearing embraces not only (hereinafter, SA) attempted to serve the Bank & Trust Co., 339 U.S. 306, 314 the right to present evidence, but also a reasonable OSC on Registrant at Registrant’s (1950)). In this case, the Government opportunity to know the claims of the opposing residence located at 31568 Bridge Street, tried to serve Registrant at his home and party and to meet them. . . . Those who are brought Livonia, Michigan, but received no his registered address—both of which into contest with the Government in a quasijudicial proceeding aimed at the control of their activities answer at that residence. Id. at 2. were locations where the Government are entitled to be fairly advised of what the According to the DI, DEA personnel reasonably believed Registrant would be Government proposes.’’) (emphasis added). proceeded to Registrant’s most recent located. RFAA, EX 8, at 2–3. When 2 It is noted that the OSC mistakenly stated that place of employment, which was also those efforts failed, the DI contacted Registrant was a practitioner in ‘‘Schedules II–IIIN.’’ I find this to be harmless error in that the his registered address, located at 20905 Registrant by telephone and arranged an Registration was appropriately identified by its Greenfield Road, Suite 702, Southfield, in-person meeting, during which the DI number and so the Registrant had adequate notice Michigan, but the receptionist at that explained to Registrant the context of of the registration subject to the proceeding.
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a practitioner.3 Registrant’s registration suspended . . . [or] revoked . . . by undisputed evidence in the record is expires on June 30, 2020, and is ‘‘in an competent State authority and is no that Registrant currently lacks authority active pending status.’’ RFAA, EX 1 longer authorized by State law to engage to manufacture, distribute, prescribe, or (Copy of Registrant’s Certificate of in the . . . dispensing of controlled dispense controlled substances in Registration). substances.’’ With respect to a Michigan. Thus, because Registrant The Status of Registrant’s State License practitioner, the DEA has also long held lacks authority to distribute, prescribe, that the possession of authority to or dispense controlled substances in On January 19, 2018, the Michigan dispense controlled substances under Michigan, Registrant is not eligible to Department of Licensing and Regulatory the laws of the State in which a maintain a DEA registration. Affairs ‘‘executed an Order of Summary practitioner engages in professional Accordingly, I will order that Suspension and an Administrative practice is a fundamental condition for Registrant’s DEA registration be Complaint charging [Registrant] with obtaining and maintaining a revoked. violating the Public Health Code, [Mich. practitioner’s registration. See, e.g., Order Comp. Laws] § 333.1101 et seq.’’ RFAA, James L. Hooper, M.D., 76 FR 71371 EX 3 (Final Order of the Board of (2011), pet. for rev. denied, 481 Fed. Pursuant to 28 CFR 0.100(b) and the Pharmacy Disciplinary Subcommittee, Appx. 826 (4th Cir. 2012); Frederick authority vested in me by 21 U.S.C. Bureau of Professional Licensing, Marsh Blanton, M.D., 43 FR 27616, 824(a), I hereby revoke DEA Certificate Michigan Department of Licensing and 27617 (1978). of Registration No. FA7485027 issued to Regulatory Affairs), at 1. On June 21, This rule derives from the text of two Solomon Adu-Beniako. This Order is 2019, after an administrative hearing, provisions of the CSA. First, Congress effective March 4, 2020. the Michigan Board of Pharmacy issued defined the term ‘‘practitioner’’ to mean Dated: January 3, 2020. a Final Order revoking Registrant’s ‘‘a physician . . . or other person Uttam Dhillon, controlled substance license and drug licensed, registered, or otherwise control-location licenses. Id. at 2, 4. The Acting Administrator. permitted, by . . . the jurisdiction in [FR Doc. 2020–01971 Filed 1–31–20; 8:45 am] Final Order became effective thirty days which he practices . . ., to distribute, BILLING CODE 4410–09–P from its signature, on July 21, 2019. dispense, . . . [or] administer . . . a RFAA, EX 3, at 4. controlled substance in the course of According to Michigan’s online professional practice.’’ 21 U.S.C. records, of which I take official notice,4 DEPARTMENT OF JUSTICE 802(21). Second, in setting the Registrant’s controlled substance license requirements for obtaining a and drug control-location licenses Drug Enforcement Administration practitioner’s registration, Congress remain revoked. https:// directed that ‘‘[t]he Attorney General [Docket No. DEA–578] aca3.accela.com/MILARA/ shall register practitioners . . . if the GeneralProperty/PropertyLookUp.aspx applicant is authorized to dispense . . . Bulk Manufacturer of Controlled (last visited January 3, 2020). controlled substances under the laws of Substances Application: IsoSciences, Further, the Final Order states that LLC reinstatement of Registrant’s revoked the State in which he practices.’’ 21 U.S.C. 823(f). Because Congress has licenses ‘‘is not automatic and shall be ACTION: Notice of application. in accordance with [Mich. Comp. Laws] clearly mandated that a practitioner possess State authority in order to be §§ 333.7315–333.7316.’’ RFAA, EX 3, at DATES: Registered bulk manufacturers of deemed a practitioner under the CSA, 3. It is noted that pursuant to Section the affected basic classes, and the DEA has held repeatedly that 333.7315, Registrant may not apply for applicants therefore, may file written revocation of a practitioner’s registration reinstatement of his revoked licenses comments on or objections to the is the appropriate sanction whenever he before the expiration of five years after issuance of the proposed registration on is no longer authorized to dispense the effective date of revocation. Mich. or before April 3, 2020. controlled substances under the laws of Comp. Laws § 333.7315. ADDRESSES: Written comments should Accordingly, I find that Registrant the State in which he practices. See, e.g., James L. Hooper, M.D., 76 FR at be sent to: Drug Enforcement currently does not possess a controlled Administration, Attention: DEA Federal substances license in Michigan, the 71371–72; Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Register Representative/DPW, 8701 State in which he is registered with the Morrissette Drive, Springfield, Virginia DEA. Ricci, M.D., 58 FR 51104, 51105 (1993); Bobby Watts, M.D., 53 FR 11919, 11920 22152. Discussion (1988); Frederick Marsh Blanton, M.D., SUPPLEMENTARY INFORMATION: In Pursuant to 21 U.S.C. 824(a)(3), the 43 FR at 27617. accordance with 21 CFR 1301.33(a), this Attorney General is authorized to Under Michigan law, ‘‘a person who is notice that on November 27, 2019, suspend or revoke a registration issued manufactures, distributes, prescribes, or IsoSciences, LLC, 340 Mathers Road, under section 823 of the Controlled dispenses a controlled substance in this Ambler, Pennsylvania 19002–3420 Substances Act (hereinafter, CSA), state . . . shall obtain a license issued applied to be registered as a bulk ‘‘upon a finding that the registrant . . . by the administrator.’’ Mich. Comp. manufacturer of the following basic has had his State license or registration Laws § 333.7303(1). Here, the classes of controlled substances:
3 Registrant is also authorized as a Data-Waiver General’s Manual on the Administrative Procedure properly supported motion for reconsideration practitioner for up to 100 patients pursuant to 21 Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint within 15 calendar days of the date of this Order. U.S.C. 823(g)(2)(a). 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an Any such motion shall be filed with the Office of agency decision rests on official notice of a material 4 Under the Administrative Procedure Act, an the Administrator and a copy shall be served on the fact not appearing in the evidence in the record, a Government. In the event Registrant files a motion, agency ‘‘may take official notice of facts at any stage party is entitled, on timely request, to an in a proceeding—even in the final decision.’’ opportunity to show the contrary.’’ Accordingly, the Government shall have 15 calendar days to file United States Department of Justice, Attorney Registrant may dispute my finding by filing a a response.
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Controlled substance Drug code Schedule
Cathinone ...... 1235 I Methcathinone ...... 1237 I Lysergic acid diethylamide ...... 7315 I Marihuana ...... 7360 I Tetrahydrocannabinols ...... 7370 I 3,4-Methylenedioxyamphetamine ...... 7400 I 3,4-Methylenedioxy-N-ethylamphetamine ...... 7404 I 3,4-Methylenedioxymethamphetamine ...... 7405 I 5-Methoxy-N–N-dimethyltryptamine ...... 7431 I Alpha-methyltryptamine ...... 7432 I Bufotenine ...... 7433 I Diethyltryptamine ...... 7434 I Dimethyltryptamine ...... 7435 I Psilocybin ...... 7437 I Psilocyn ...... 7438 I 5-Methoxy-N,N-diisopropyltryptamine ...... 7439 I Dihydromorphine ...... 9145 I Heroin ...... 9200 I Nicocodeine ...... 9309 I Nicomorphine ...... 9312 I Normorphine ...... 9313 I Thebacon ...... 9315 I Normethadone ...... 9635 I Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N- ...... phenylacrylamide) ...... 9811 I Para-Fluorofentanyl ...... 9812 I 3-Methylfentanyl ...... 9813 I Alpha-methylfentanyl ...... 9814 I Acetyl-alpha-methylfentanyl ...... 9815 I N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide ...... 9816 I Acetyl Fentanyl (N-(1-phenethylpiperidin-4-yl)-N- ...... phenylacetamide) ...... 9821 I Butyryl Fentanyl ...... 9822 I 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N- ...... (1-phenethylpiperidin-4-yl)isobutyramide) ...... 9824 I 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide ...... 9825 I Beta-hydroxyfentanyl ...... 9830 I Beta-hydroxy-3-methylfentanyl ...... 9831 I Alpha-methylthiofentanyl ...... 9832 I 3-Methylthiofentanyl ...... 9833 I Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran- ...... 2-carboxamide) ...... 9834 I Thiofentanyl ...... 9835 I Beta-hydroxythiofentanyl ...... 9836 I N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2- ...... carboxamide ...... 9843 I Amphetamine ...... 1100 II Methamphetamine ...... 1105 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Hydrocodone ...... 9193 II Isomethadone ...... 9226 II Methadone ...... 9250 II Methadone intermediate ...... 9254 II Morphine ...... 9300 II Thebaine ...... 9333 II Levo-alphacetylmethadol ...... 9648 II Oxymorphone ...... 9652 II Thiafentanil ...... 9729 II Alfentanil ...... 9737 II Sufentanil ...... 9740 II Carfentanil ...... 9743 II Fentanyl ...... 9801 II
The company plans to manufacture plans to bulk manufacture these drugs Dated: January 24, 2020. bulk controlled substances for use in as synthetics. No other activities for William T. McDermott, analytical testing. In reference to drug these drug codes are authorized for this Assistant Administrator. codes 7360 (marihuana) and 7370 registration. [FR Doc. 2020–01960 Filed 1–31–20; 8:45 am] (Tetrahydrocannabinols), the company BILLING CODE 4410–09–P
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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE collection techniques or other forms of information technology, e.g., Drug Enforcement Administration Office of Justice Programs permitting electronic submission of [OMB Number 1121–0330] responses. [Docket No. DEA–575] Agency Information Collection Overview of This Information Importer of Controlled Substances Activities; Proposed eCollection Collection Application: Stepan Company eComments Requested; Extension 1. Type of Information Collection: Without Change, of a Previously Extension of a currently approved ACTION: Notice of application. Approved Collection Law Enforcement collection. Congressional Badge of Bravery 2. The Title of the Form/Collection: DATES: Registered bulk manufacturers of AGENCY: Bureau of Justice Assistance, Law Enforcement Congressional Badge the affected basic classes, and Office of Justice Programs, Department of Bravery (Pub. L. 110–298). applicants therefore, may file written of Justice. 3. The agency form number, if any, comments on or objections to the ACTION: 60-Day notice. and the applicable component of the issuance of the proposed registration on Department sponsoring the collection: or before March 4, 2020. Such persons SUMMARY: BJA’s CBOB Office will use The nomination process is managed may also file a written request for a the CBOB nomination information to through the internet, using the Office of hearing on the application on or before confirm the eligibility of nominees that Justice Programs’ (OJP) CBOB online March 4, 2020. are to be considered for the CBOB, and will make the nominations available to nomination system at: www.bja.gov/ ADDRESSES: Written comments should the Federal or the State and Local CBOB CBOB be sent to: Drug Enforcement Board as appropriate, for their 4. Affected public who will be asked Administration, Attention: DEA Federal consideration. or required to respond, as well as a brief Register Representative/DPW, 8701 DATES: The Department of Justice abstract: The information that is being Morrissette Drive, Springfield, Virginia encourages public comment and will collected under Public Law No: 110– 22152. All requests for a hearing must accept input until April 3, 2020. 298, is solicited from federal, state, local be sent to: Drug Enforcement FOR FURTHER INFORMATION CONTACT: If and tribal law enforcement agencies, Administration, Attn: Administrator, you have additional comments who wish to nominate their personnel 8701 Morrissette Drive, Springfield, especially on the estimated public to receive the Law Enforcement Virginia 22152. All requests for a burden or associated response time, Congressional Badge of Bravery (CBOB). hearing should also be sent to: (1) Drug suggestions, or need a copy of the This information is provided on a Enforcement Administration, Attn: proposed information collection voluntary basis, and includes he agency Hearing Clerk/OALJ, 8701 Morrissette instrument with instructions or and nominee information along with Drive, Springfield, Virginia 22152; and additional information, please contact details about the events for which the (2) Drug Enforcement Administration, Gregory Joy, Policy Advisor, Office of nominees are to be considered when Attn: DEA Federal Register Justice Programs, Bureau of Justice determining which nominees will be Assistance, 810 Seventh Street NW, Representative/DPW, 8701 Morrissette recommended to receive the CBOB. Drive, Springfield, Virginia 22152. Washington, DC 20531, Gregory.joy@ usdoj.gov, 202–514–1369. 5. An estimate of the total number of SUPPLEMENTARY INFORMATION: In SUPPLEMENTARY INFORMATION: Written respondents and the amount of time accordance with 21 CFR 1301.34(a), this comments and suggestions from the estimated for an average respondent to is notice that on December 12, 2019, public and affected agencies concerning respond: An estimated 160 nominations Stepan Company, 100 West Hunter the proposed collection of information annually. Avenue, Maywood, New Jersey 07607– are encouraged. Your comments should 6. An estimate of the total public 1021 applied to be registered as an address one or more of the following burden (in hours) associated with the importer of the following basic class of four points: collection: The estimated public burden controlled substance: —Evaluate whether the proposed associated with this collection is 66 collection of information is necessary hours. Controlled Drug Schedule substance code for the proper performance of the If additional information is required functions of the Bureau of Justice contact: Melody D. Braswell, Statistics, including whether the Coca Leaves ...... 9040 II Department Clearance Officer, United information will have practical utility; —Evaluate the accuracy of the agency’s States Department of Justice, Justice The company plans to import the estimate of the burden of the Management Division, Policy and listed controlled substance in bulk for proposed collection of information, Planning Staff, Two Constitution the manufacture of controlled including the validity of the Square, 145 N Street NE, 3E.405A, substances for distribution to its methodology and assumptions used; Washington, DC 20530. customers. —Evaluate whether and if so how the Dated: January 28, 2020. Dated: January 16, 2020. quality, utility, and clarity of the Melody D. Braswell, information to be collected can be William T. McDermott, Department Clearance Officer for PRA, U.S. enhanced; and Assistant Administrator. Department of Justice. —Minimize the burden of the collection [FR Doc. 2020–01958 Filed 1–31–20; 8:45 am] of information on those who are to [FR Doc. 2020–01918 Filed 1–31–20; 8:45 am] BILLING CODE 4410–09–P respond, including through the use of BILLING CODE 4410–BA–P appropriate automated, electronic, mechanical, or other technological
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR Certification by School Official information collection. The Certification President’s Committee on the Office of the Secretary by School Official information International Labor Organization collection mandates that in order to Charter Renewal Agency Information Collection qualify as an eligible dependent for Activities; Submission for OMB black lung benefits, a child aged 18- to AGENCY: Bureau of International Labor Review; Comment Request; 23-years must be a full-time student as Affairs, Labor. Certification by School Official described in the Black Lung Benefits Act, 30 U.S.C. 901 et seq., and ACTION: Notice of charter renewal. ACTION: Notice of availability; request for comments. regulations 20 CFR 725.209. A school SUMMARY: On September 27, 2019, official completes a Certification by President Trump continued the SUMMARY: The Department of Labor School Official (Form CM–981) to verify President’s Committee on the (DOL) is submitting the Office of whether a Black Lung beneficiary’s International Labor Organization (ILO) Workers’ Compensation (OWCP) dependent between the ages of 18 to 23 for two years through September 30, sponsored information collection years qualifies as a full-time student. 2021. In response, and pursuant to the request (ICR) titled, ‘‘Certification by Black Lung Benefits Act section 426 Federal Advisory Committee Act School Official’’ to the Office of authorizes this information collection. (FACA), the Secretary of Labor renewed Management and Budget (OMB) for See 30 U.S.C. 936. 30 U.S.C. 902(g); 20 the committee’s charter on January 22, review and reinstatement for continued CFR 725.209, 725.218 require that all 2020. use, without change, in accordance with relevant medical evidence be Purpose: The President’s Committee the Paperwork Reduction Act of 1995 considered before a decision can be on the International Labor Organization (PRA). Public comments on the ICR are made regarding a claimant’s eligibility was established in 1980 by Executive invited. for benefits. By signing the CM–981 Order 12216 to monitor and assess the DATES: The OMB will consider all form, the claimant authorizes work of the ILO and make written comments that agency receives physicians, hospitals, medical facilities recommendations to the President on or before March 4, 2020. or organizations, and the National regarding United States policy towards ADDRESSES: A copy of this ICR with Institute for Occupational Safety and the ILO. The committee is chaired by applicable supporting documentation; Health to release medical information the Secretary of Labor and the including a description of the likely about the miner to the Department of Department of Labor’s Bureau of respondents, proposed frequency of Labor’s Office of Workers’ International Labor Affairs is response, and estimated total burden Compensation Programs. The form responsible for providing the necessary may be obtained free of charge from the contains information required by support for the committee. RegInfo.gov website at http:// medical institutions and private physicians to enable them to release The committee is composed of seven www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201909-1240-001 pertinent medical information. ex officio members: The Secretary of This information collection is subject (this link will only become active on the Labor (chair), the Secretary of State, the to the PRA. A Federal agency generally day following publication of this notice) Secretary of Commerce, the Assistant to cannot conduct or sponsor a collection or by contacting Frederick Licari by the President for National Security of information, and the public is telephone at 202–693–8073, TTY 202– Affairs, the Assistant to the President for generally not required to respond to an 693–8064, (these are not toll-free Economic Policy, and one information collection, unless the OMB numbers) or by email at DOL_PRA_ representative each from organized under the PRA approves it and displays labor and the business community, [email protected]. Submit comments about this request a currently valid OMB Control Number. designated by the Secretary. The labor In addition, notwithstanding any other by mail to the Office of Information and and business members are the provisions of law, no person shall Regulatory Affairs, Attn: OMB Desk presidents of the American Federation generally be subject to penalty for Officer for DOL–OWCP, Office of of Labor and Congress of Industrial failing to comply with a collection of Management and Budget, Room 10235, Organizations (AFL–CIO) and the information that does not display a 725 17th Street NW, Washington, DC United States Council for International valid Control Number. See 5 CFR 20503; by Fax: 202–395–5806 (this is Business (USCIB), respectively, as the 1320.5(a) and 1320.6. The DOL requests not a toll-free number); or by email: most representative organizations of OMB reinstatement for this information [email protected]. U.S. workers and employers engaged in collection under Control Number 1240– Commenters are encouraged, but not ILO matters. 0031. required, to send a courtesy copy of any Authority: The authority for this notice is OMB authorization for an ICR cannot granted by the Federal Advisory Committee comments by mail or courier to the U.S. be for more than three (3) years without Act (5 U.S.C. App. 2) and the Executive Department of Labor-OASAM, Office of renewal. The DOL seeks to reinstate Order No. 13889 of September 27, 2019. the Chief Information Officer, Attn: PRA authorization for this information Departmental Information Compliance FOR FURTHER INFORMATION CONTACT: collection for three (3) more years, Management Program, Room N1301, Robert B. Shepard, Director, Office of without any change to existing 200 Constitution Avenue NW, International Relations, Bureau of requirements. For additional substantive Washington, DC 20210; or by email: International Labor Affairs, U.S. information about this ICR, see the [email protected]. Department of Labor, telephone (202) related notice published in the Federal FOR FURTHER INFORMATION CONTACT: 693–4808, [email protected]. Register on November 22, 2019 (84 FR Frederick Licari by telephone at 202– 64567). Martha E. Newton, 693–8073, TTY 202–693–8064, (these Interested parties are encouraged to Deputy Undersecretary, Bureau of are not toll-free numbers) or by email at send comments to the OMB, Office of International Labor Affairs. [email protected]. Information and Regulatory Affairs at [FR Doc. 2020–02001 Filed 1–31–20; 8:45 am] SUPPLEMENTARY INFORMATION: This ICR the address shown in the ADDRESSES BILLING CODE 4510–28–P seeks to reinstate PRA authority for the section within thirty-(30) days of
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publication of this notice in the Federal SUMMARY: OSHA solicits comments FOR FURTHER INFORMATION CONTACT: Register. In order to help ensure concerning the proposal to extend the Seleda Perryman, Directorate of appropriate consideration, comments Office of Management and Budget’s Standards and Guidance, OSHA, U.S. should mention OMB Control Number (OMB) approval of the information Department of Labor; telephone (202) 1240–0031. The OMB is particularly collection requirements contained in the 693–2222. interested in comments that: Beryllium Standards for General SUPPLEMENTARY INFORMATION: • Evaluate whether the proposed Industry, Construction, and Maritime. I. Background collection of information is necessary DATES: Comments must be submitted for the proper performance of the (postmarked, sent, or received) by April The Department of Labor, as part of a functions of the agency, including 3, 2020. continuing effort to reduce paperwork and respondent (i.e., employer) burden, whether the information will have ADDRESSES: conducts a preclearance consultation practical utility: Electronically: You may submit • program to provide the public with an Evaluate the accuracy of the comments and attachments opportunity to comment on proposed agency’s estimate of the burden of the electronically at http:// and continuing information collection proposed collection of information, www.regulations.gov, which is the requirements in accordance with the including the validity of the Federal eRulemaking Portal. Follow the Paperwork Reduction Act of 1995 (PRA) methodology and assumptions used. instructions online for submitting • (44 U.S.C. 3506(c)(2)(A)). This program Enhance the quality, utility, and comments. ensures that information is in the clarity of the information to be Facsimile: If your comments, desired format, reporting burden (time collected; and including attachments, are not longer • and costs) is minimal, collection Minimize the burden of the than 10 pages, you may fax them to the instruments are clearly understood, and collection of information on those who OSHA Docket Office at (202) 693–1648. OSHA’s estimate of the information are to respond, including through the Mail, hand delivery, express mail, collection burden is accurate. The use of appropriate automated, messenger, or courier service: When Occupational Safety and Health Act of electronic, mechanical, or other using this method, you must submit a 1970 (the Act) (29 U.S.C. 651 et seq.) technological collection techniques or copy of your comments and attachments other forms of information technology, authorizes information collection by to the OSHA Docket Office, Docket No. employers as necessary or appropriate e.g., permitting electronic submission of OSHA–2019–0010, U.S. Department of responses. for enforcement of the Act or for Labor, Occupational Safety and Health developing information regarding the Agency: DOL–OWCP. Administration, Room N–3653, 200 Title of Collection: Certification by causes and prevention of occupational Constitution Avenue NW, Washington, injuries, illnesses, and accidents (29 School Official. DC 20210. Deliveries (hand, express OMB Control Number: 1240–0031. U.S.C. 657). mail, messenger, and courier service) This ICR is based on the 2017 final Affected Public: State, local, and tribal are accepted during the OSHA Docket governments. rule for Beryllium which includes Office’s normal business hours, 10:00 general industry, construction, and Total Estimated Number of a.m. to 3:00 p.m., ET. maritime. Subsequently, the agency has Respondents: 100. Instructions: All submissions must proposed revisions to the beryllium Total Estimated Number of include the agency name and OSHA standards. OSHA proposed revisions to Responses: 100. docket number (OSHA–2019–0010) for the beryllium general industry standard Total Estimated Annual Time Burden: the Information Collection Request in December 2018 (83 FR 63746) titled 17 hours. (ICR). All comments, including any ‘‘Occupational Exposure to Beryllium in Total Estimated Annual Other Costs personal information you provide such General Industry,’’ and to the beryllium Burden: $0. as social security numbers and date of construction and shipyard standards in Authority: 44 U.S.C. 3507(a)(1)(D). birth, are placed in the public docket October 2019 (84 FR 53902) titled Dated: January 28, 2020. without change, and may be made ‘‘Occupational Exposure to Beryllium in available online at http:// Frederick Licari, Construction and Shipyard Sectors.’’ www.regulations.gov. For further Departmental Clearance Officer. The agency is planning to finalize the information on submitting comments, beryllium standards in two separate [FR Doc. 2020–02002 Filed 1–31–20; 8:45 am] see the ‘‘Public Participation’’ heading rulemakings in the coming months. The BILLING CODE 4510–CK–P in the section of this notice titled modification and update of these SUPPLEMENTARY INFORMATION. beryllium standards will clarify the Docket: To read or download DEPARTMENT OF LABOR provisions contained in the 2017 comments or other material in the general industry standard and will Occupational Safety and Health docket, go to http://www.regulations.gov better tailor the construction and Administration or the OSHA Docket Office at the above shipyard standards to address the address. All documents in the docket particular operations in these sectors [Docket No. OSHA–2019–0010] (including this Federal Register notice) involving exposure to beryllium. These are listed in the http:// two Beryllium final rules contain Beryllium Standards for General www.regulations.gov index; however, information collection requirements that Industry, Construction and Maritime; some information (e.g., copyrighted will have an impact on this ICR when Extension for the Office of material) is not publicly available to they are published. Management and Budget’s (OMB) read or download through the website. The information collection Approval of the Information Collection All submissions, including copyrighted requirements specified by the beryllium (Paperwork) Requirements material, are available for inspection standards for general industry, AGENCY: Occupational Safety and Health and copying at the OSHA Docket Office. construction, and maritime standards Administration (OSHA), Labor. You may contact Theda Kenney at the help protect workers from harmful phone number below to obtain a copy elements when exposed to permissible ACTION: Request for public comments. of the ICR. exposure limits of beryllium and
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beryllium compounds in the workplace. and procedures for proper use of that recommends referral to a CBD The information collection requirements respirators in routine and reasonably diagnostic center; or (B) The employee in the 2017 Standards involve the foreseeable emergency situations. presenting to the employer a physician’s following elements of the Standard. Paragraph (h)(3)(iii) requires the written medical report indicating that Paragraph (d)(2) contains the employer to inform in writing the the employee has been confirmed performance options where the persons or the business entities who positive or diagnosed with CBD, or employer must assess the 8-hour TWA launder, clean, or repair the personal recommending referral to a CBD exposure and the 15-minute short-term protective clothing or equipment diagnostic center. The employer must exposure for each employee on the basis required by this standard of the ensure that the employee receives all of any combination of air monitoring potentially harmful effects of airborne written medical reports from the CBD data and objective data sufficient to exposure to and dermal contact with diagnostic center that contains all the accurately characterize airborne beryllium and that the personal information required in paragraph exposure to beryllium. Employers do protective clothing and equipment must (k)(5)(i), (ii), (iv), and (v) and that the not have to conduct initial exposure be handled in accordance with this PLHCP explains the results of the monitoring if they rely on objective data standard. This provision is intended to examination to the employee within 30 that would satisfy the exposure reduce exposure to beryllium for days of the examination. Also, the assessment requirements contained in employees handling beryllium- employer is require to obtain a written this standard. Paragraph (d)(3) says the contaminated materials by providing medical opinion from the CBD employer must perform initial employers and employees handling diagnostic center within 30 days of the monitoring to assess the 8-hour TWA these materials the information medical examination and ensure that exposure for each employee on the basis necessary to protect employees from each employee receives a copy of the of one or more personal breathing zone beryllium exposure. written medical opinion from the CBD air samples that reflect the airborne Under paragraph (k)(1) the employer diagnostic center within 30 days of any exposure of employees on each shift, for is required to make medical surveillance medical examination performed for that each job classification, and in each work available at no cost to the employee, and employee. area and the employer is required to do at a reasonable time and place, to each In paragraph (m)(2) the employer is periodic monitoring when the most employee who: (A) Is reasonably required to post warning signs at each recent exposure monitoring indicates expected to be exposed at or above the approach to a regulated area. Paragraph that airborne exposure is at or above the action level for more than 30 days per (m)(3) requires the employer to label action level but at or below the TWA year; (B) Shows signs or symptoms of each bag and container of clothing, PEL, the employer must repeat such chronic beryllium disease (CBD) or equipment, and materials contaminated monitoring within six months of the other beryllium-related health effects; with beryllium. most recent monitoring. Paragraph (d)(4) (C) Is exposed to beryllium during an In paragraph (m)(4)(iv) the employer requires the employer to reassess emergency; or (D) Most recent written is required to make a copy of this airborne exposure whenever a change in medical opinion required by paragraph standard and its appendices readily the production, process, control (k)(6) or (k)(7) recommends periodic available at no cost to each employee equipment, personnel, or work practices medical surveillance. and designated employee may reasonably be expected to result in In paragraph (k)(5) of medical representative(s). new or additional airborne exposure at surveillance, the employer is required to Under paragraph (n) recordkeeping, or above the action level or STEL, or ensure that the employee receives a the employer is required to make and when the employer has any reason to written medical report from the licensed maintain records for the air monitoring believe that new or additional airborne physician within 45 days of the data, objective data, medical exposure at or above the action level or examination (including any follow-up surveillance, and training. Access to STEL has occurred. beryllium lymphocyte proliferation test these records must be made available In paragraph (f)(1)(i) the employer is (BeLPT) required under paragraph upon request for examination and required to establish, implement, and (k)(3)(ii)(E) of this standard) and that the copying to the Assistant Secretary, the maintain a written exposure control physician or other licensed health care Director, each employee, and each plan and what information and professional (PLHCP) explains the employee’s designated representative(s) procedures are included in the plan. results of the examination to the in accordance the Records Access Paragraph (f)(1)(ii) requires the employee. The requirement for a written standard (29 CFR 1910.1020). employer to review and evaluate the medical report ensures that the effectiveness of each written exposure employee receives a record of all II. Special Issues for Comment control plan at least annually and findings. In paragraph (k)(6) of medical OSHA has a particular interest in update it, as necessary. Also, in surveillance the employer is required to comments on the following issues: paragraph (f)(1)(iii) the employer must obtain a written medical opinion from • Whether the proposed information make a copy of the written exposure the licensed physician within 45 days of collection requirements are necessary control plan accessible to each the medical examination and what must for the proper performance of the employee who is, or can reasonably be be contained in the written medical agency’s functions, including whether expected to be, exposed to airborne opinion. Under paragraph (k)(7) of the information is useful; beryllium in accordance with OSHA’s medical surveillance, when being • The accuracy of OSHA’s estimate of Access to Employee Exposure and referred to the CBD Diagnostic Center, the burden (time and costs) of the Medical Records (Records Access) the employer is required to provide an information collection requirements, standard (29 CFR 1910.1020(e)). evaluation at no cost to the employee at including the validity of the Paragraph (g)(2) requires the employer a CBD diagnostic center that is mutually methodology and assumptions used; to provide respiratory protection for the agreed upon by the employer and the • The quality, utility, and clarity of selection and use of respirators, medical employee. The examination must be the information collected; and evaluations of employees required to provided within 30 days of: (A) The • Ways to minimize the burden on use respirators, respirator fit testing employer’s receipt of a physician’s employers who must comply; for procedures for tight-fitting respirators written medical opinion to the employer example, by using automated or other
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technological information collection at (202) 693–2350 (TTY (877) 889– license even if no objections are and transmission techniques. 5627). submitted within the comment period. Comments and submissions are III. Proposed Actions DATES: The prospective exclusive posted without change at http:// license may be granted unless, no later OSHA is requesting that OMB extends www.regulations.gov. Therefore, OSHA than February 18, 2020, NASA receives approval of the information collection cautions commenters about submitting written objections including evidence requirements contained in the personal information such as social and argument that establish that the Beryllium Standards for General security numbers and date of birth. grant of the license would not be Industry (29 CFR part 1910.1024), Although all submissions are listed in consistent with the requirements Construction (29 CFR 1926.1124), the http://www.regulations.gov index, regarding the licensing of federally Maritime (29 CFR 1915.1024). OSHA is some information (e.g., copyrighted owned inventions as set forth in the proposing that the burden hours and material) is not publicly available to Bayh-Dole Act and implementing cost for material and maintenance read or download through this website. regulations. Competing applications remain the same. The agency will All submissions, including copyrighted completed and received by NASA no summarize the comments submitted in material, are available for inspection later than February 18, 2020 will also be response to this notice and will include and copying at the OSHA Docket Office. treated as objections to the grant of the this summary in the request to OMB. Information on using the http:// contemplated exclusive license. Type of Review: Extension of a www.regulations.gov website to submit Objections submitted in response to this currently approved collection. comments and access the docket is notice will not be made available to the Title: Beryllium Standards for General available at the website’s ‘‘User Tips’’ public for inspection and, to the extent Industry (29 CFR part 1910.1024), link. Contact the OSHA Docket Office permitted by law, will not be released Construction (29 CFR 1926.1124), for information about materials not under the Freedom of Information Act. Maritime (29 CFR 1915.1024). available through the website, and for ADDRESSES: Objections relating to the OMB Number: 1218–0267. assistance in using the internet to locate prospective license may be submitted to Affected Public: Business or other for- docket submissions. Patent Counsel, Office of Chief Counsel, profits; Federal Government; State, MS 142–7, NASA Glenn Research V. Authority and Signature Local, or Tribal Government. Center, 21000 Brookpark Rd., Cleveland, Number of Respondents: 5,872. Loren Sweatt, Principal Deputy OH 44135. Phone (216) 433–3663. Frequence of Response: On occasion. Assistant Secretary of Labor for Facsimile (216) 433–6790. Average Time per Response: Various. Occupational Safety and Health, Estimated Total Burden Hours: FOR FURTHER INFORMATION CONTACT: directed the preparation of this notice. Robert Earp, Patent Counsel, Office of 194,261. The authority for this notice is the Estimated Cost (Operation and Chief Counsel, MS 142–7, NASA Glenn Paperwork Reduction Act of 1995 (44 Maintenance): $46,158,266. Research Center, 21000 Brookpark Rd., U.S.C. 3506 et seq.) and Secretary of Cleveland, OH 44135. Phone (216) 433– IV. Public Participation—Submission of Labor’s Order No. 1–2012 (77 FR 3912). 3663. Facsimile (216) 433–6790. Comments on This Notice and Internet Signed at Washington, DC, on January 28, SUPPLEMENTARY INFORMATION: The Access to Comments and Submissions 2020. inventions NASA intends to exclusively You may submit comments in Loren Sweatt, license to Oerlikon Metco (US) Inc. are response to this document as follows: Principal Deputy Assistant Secretary of Labor the inventions described and claimed in (1) Electronically at http:// for Occupational Safety and Health. U.S. Patent Application Serial Number www.regulations.gov, which is the [FR Doc. 2020–02000 Filed 1–31–20; 8:45 am] 13/923,450 entitled ‘‘Advanced High Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P Temperature and Fatigue Resistant facsimile (FAX); or (3) by hard copy. All Environmental Barrier Coating Bond comments, attachments, and other Coat Systems for SiC/SiC Ceramic material must identify the agency name NATIONAL AERONAUTICS AND Matrix Composites,’’ LEW–18949–1; and the OSHA docket number for the SPACE ADMINISTRATION U.S. Patent Application Serial Number ICR (Docket No. OSHA–2019–0010). 15/582,874 entitled ‘‘Advanced High You may supplement electronic [Notice: (20–008)] Temperature Environmental Barrier Coating Systems for SiC/SiC Ceramic submissions by uploading document Notice of Intent To Grant Exclusive Matrix Composites,’’ LEW–18949–2; files electronically. If you wish to mail License additional materials in reference to an U.S. Patent Application Serial Number electronic or facsimile submission, you AGENCY: National Aeronautics and 15/625,277 entitled ‘‘Advanced High must submit them to the OSHA Docket Space Administration. Temperature Environment Barrier Office (see the section of this notice ACTION: Notice of intent to grant Coatings for SiC/SiC Ceramic Matrix titled ADDRESSES). The additional exclusive patent license. Composites,’’ LEW–19435–1; U.S. materials must clearly identify your Patent Application Serial Number 15/ electronic comments by your name, SUMMARY: NASA hereby gives notice of 713,821 entitled ‘‘Ultra High date, and the docket number so the its intent to grant an exclusive patent Temperature Ceramic Coatings and agency can attach them to your license in the United States to practice Ceramic Matrix Composite Systems,’’ comments. the inventions set forth below (see, LEW–19456–1; U.S. Patent Application Because of security procedures, the SUPPLEMENTARY INFORMATION) to Serial Number 15/824,036 entitled use of regular mail may cause a Oerlikon Metco (US) Inc., having its ‘‘Calcium-Magnesium-Aluminosilicate significant delay in the receipt of principal place of business in Westbury, (CMAS) Resistant Thermal and comments. For information about New York. The fields of use may be Environmental Barrier Coatings,’’ LEW– security procedures concerning the limited to power generation and 19512–1; U.S. Patent Application Serial delivery of materials by hand, express aerospace. NASA has not yet made a Number 15/882,435 entitled ‘‘Multi- delivery, messenger, or courier service, determination to grant the requested Component High Stability please contact the OSHA Docket Office license and may deny the requested Environmental Barrier Coatings For SiC/
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SiC Ceramic Matrix Composites,’’ LEW– NATIONAL SCIENCE FOUNDATION Impacts to Date (Smits and 19595–1; U.S. Patent Application Serial Schwartz) Number 15/935,501 entitled ‘‘High Proposal Review Panel for Benefits of International Partnerships Temperature Compositionally Graded International Science and Engineering, (Lucena and Roos) Ceramic Matrix Composites and Notice of Meeting Integrating Research and Education (Smits, Schwartz and Phelan) Methods of Making and Using the In accordance with the Federal Same,’’ LEW–19610–1; and, U.S. Patent Educational Impact on Students Advisory Committee Act (Pub. L. 92– (Phelan, Schwartz and Roberts) Application Serial Number 62/854,355 463, as amended), the National Science Research Plan and Future Activities to entitled ‘‘Visco-Elastic, Durable Foundation (NSF) announces the Achieve the Projects Goals (Lucena, Environmental Barrier Coatings For SiC/ following meeting: Smits and Phelan) SiC Ceramic Matrix Composites and The NAME AND COMMITTEE CODE: Proposal 11:00 a.m.–11:30 a.m. Questions and Method of Producing the Same,’’ LEW– Review Panel for Office of International Answers 19842–1, to Oerlikon Metco (US) Inc., Science and Engineering—PIRE- 12:00 p.m.–1:30 p.m. Working having its principal place of business in Sustainable Communities & Gold Lunch—Panel Discussion— Westbury, New York. The fields of use Supply Chains: Integrating Responsible (CLOSED) may be limited to power generation and Engineering & Local Knowledge to 1:30 p.m.–2:00 p.m. Student aerospace. Design, Implement & Evaluate recruitment (Lucena, Smits and This notice of intent to grant an Sustainable Artisanal Mining in Latin Phelan) America (10749)—Reverse Site Visit. Diversity (Roos) exclusive patent license is issued in Communication and Outreach accordance with 35 U.S.C. 209(c)(1) and DATE AND TIME: February 27, 2020; 8 a.m.–5 p.m. (Lucena) 37 CFR 404.7(a)(1)(i). The patent rights Evaluation and Assessment (Roos) PLACE: in these inventions have been assigned National Science Foundation, Institutional Support (Lucena, Smits to the United States of America as 2415 Eisenhower Avenue, Room E 3350, and Phelan) represented by the Administrator of the Alexandria, VA 22314. 2:00 p.m.–3:00 p.m. Initial Feedback to National Aeronautics and Space TYPE OF MEETING: Part open. the PIRE Project Team (CLOSED) Administration. The prospective CONTACT PERSON: Maija Kukla, PIRE 3:00 p.m. PIRE Project Team is exclusive license will comply with the Program Manager, National Science dismissed requirements of 35 U.S.C. 209 and 37 Foundation, 2415 Eisenhower Avenue, 3:00 p.m.–4:30pm Panel Meets to CFR 404.7. Alexandria, VA 22314; Telephone 703/ Prepare Reverse Site Visit Report 292–7250. (CLOSED) Information about other NASA PURPOSE OF MEETING: 4:30 p.m.–4:45 p.m. Panel Meets with inventions available for licensing can be NSF reverse site visit to conduct a review during year 3 NSF Staff to Discuss the Report found online at http:// of the five-year award period. To (CLOSED) technology.nasa.gov. conduct an in-depth evaluation of 5:00 p.m. End of Reverse Site Visit Cheryl Parker, performance, to assess progress towards [FR Doc. 2020–01943 Filed 1–31–20; 8:45 am] Federal Register Liaison Officer. goals, and to provide recommendations. BILLING CODE 7555–01–P [FR Doc. 2020–01884 Filed 1–31–20; 8:45 am] AGENDA: See attached. REASON FOR CLOSING: Topics to be BILLING CODE 7510–13–P NATIONAL SCIENCE FOUNDATION discussed and evaluated during closed portions of the reverse site review will Proposal Review Panel for include information of a proprietary or International Science and Engineering; NATIONAL CREDIT UNION confidential nature, including technical Notice of Meeting ADMINISTRATION information; and information on personnel. These matters are exempt In accordance with the Federal Advisory Sunshine Act Meeting under 5 U.S.C. 552b(c), (4) and (6) of the Committee Act (Pub. L. 92–463, as amended), Government in the Sunshine Act. the National Science Foundation (NSF) announces the following meeting: TIME AND DATE: 10:00 a.m., Thursday, Dated: January 29, 2020. NAME AND COMMITTEE CODE: Proposal February 6, 2020. Crystal Robinson, Review Panel for Office of International PLACE: Board Room, 7th Floor, Room Committee Management Officer. Science and Engineering—PIRE: 7053, 1775 Duke Street, Alexandria, VA Partnerships for International Research Advanced Germanium Detectors and 22314–3428. and Education (PIRE) Reverse Site Visit Technologies for Underground Physics (10749) Reverse Site Visit. STATUS: Closed. Agenda DATE AND TIME: February 28, 2020; 8 Date: Thursday, February 27, 2020 MATTERS TO BE CONSIDERED: 1. a.m.–5 p.m. Supervisory Matter. Closed pursuant to 8:00 a.m. Panelists arrive. Coffee/light PLACE: National Science Foundation, Exemptions (8), (9)(i)(B), and (9)(ii). refreshments available. 2415 Eisenhower Avenue, Room 3350, 8:15 a.m.–8:45 a.m. Panel Orientation Alexandria, VA 22314. FOR FURTHER INFORMATION CONTACT: (CLOSED) TYPE OF MEETING: Part open. Gerard Poliquin, Secretary of the Board, PIRE Rationale and Goals Telephone: 703–518–6304. Charge to Panel CONTACT PERSON: Maija Kukla, PIRE 8:45 a.m. PIs Arrive/Introductions Program Manager, National Science Gerard Poliquin, 9:00 a.m.–11:00 a.m. PIRE Project Foundation, 2415 Eisenhower Avenue, Secretary of the Board. Presentation Alexandria, VA 22314; Telephone 703/ [FR Doc. 2020–02126 Filed 1–30–20; 4:15 pm] Overview of the Project and Project 292–7250. BILLING CODE 7535–01–P Management (Lucena) PURPOSE OF MEETING: NSF reverse site Research Accomplishments and visit to conduct a review during year 3
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of the five-year award period. To NUCLEAR REGULATORY need this meeting notice or the conduct an in-depth evaluation of COMMISSION transcript or other information from the performance, to assess progress towards public meetings in another format (e.g., goals, and to provide recommendations. [NRC–2020–0001] braille, large print), please notify Anne Silk, NRC Disability Program Specialist, AGENDA: See attached. Sunshine Act Meetings at 301–287–0745, by videophone at REASON FOR CLOSING: Topics to be 240–428–3217, or by email at discussed and evaluated during closed TIME AND DATE: Weeks of February 3, 10, 17, 24, March 2, 9, 2020. [email protected]. Determinations on portions of the reverse site review will requests for reasonable accommodation PLACE: Commissioners’ Conference include information of a proprietary or will be made on a case-by-case basis. confidential nature, including technical Room, 11555 Rockville Pike, Rockville, Members of the public may request to information; and information on Maryland. receive this information electronically. personnel. These matters are exempt STATUS: Public. If you would like to be added to the under 5 U.S.C. 552b(c), (4) and (6) of the Week of February 3, 2020 distribution, please contact the Nuclear Government in the Sunshine Act. Regulatory Commission, Office of the Dated: January 29, 2020. Thursday, February 6, 2020 Secretary, Washington, DC 20555 (301– Crystal Robinson, 9:00 a.m. Briefing on Advanced 415–1969), or by email at Committee Management Officer. Reactors and New Reactor Topics [email protected] or Tyesha.Bush@ (Public Meeting) (Contact: Luis nrc.gov. Partnerships for International Research Betancourt: 301–415–6146) The NRC is holding the meetings and Education (PIRE) under the authority of the Government This meeting will be webcast live at in the Sunshine Act, 5 U.S.C. 552b. Reverse Site Visit Agenda the Web address— Date: Friday, February 28, 2020 https://www.nrc.gov/. Dated at Rockville, Maryland, this 29th day of January 2020. 8:00 a.m. Panelists arrive. Coffee/light Week of February 10, 2020—Tentative For the Nuclear Regulatory Commission. refreshments available. There are no meetings scheduled for Denise L. McGovern, 8:15 a.m.–8:45 a.m. Panel Orientation the week of February 10, 2020. Policy Coordinator, Office of the Secretary. (CLOSED) Week of February 17, 2020—Tentative [FR Doc. 2020–02076 Filed 1–30–20; 11:15 am] PIRE Rationale and Goals BILLING CODE 7590–01–P Charge to Panel There are no meetings scheduled for 8:45 a.m. PIs Arrive/Introductions the week of February 17, 2020. 9:00 a.m.–11:00 a.m. PIRE Project Week of February 24, 2020—Tentative NUCLEAR REGULATORY Presentation COMMISSION Tuesday, February 25, 2020 Overview of the Project and Project [NRC–2019–0136] Management 9:00 a.m. Overview of Accident Research Accomplishments and Tolerant Fuel Activities (Public Information Collection: Requests to Impacts to Date Meeting) (Contact: Luis Betancourt: Federally Recognized Indian Tribes for Benefits of International Partnerships 301–415–6146). Information Integrating Research and Education This meeting will be webcast live at AGENCY: Nuclear Regulatory Educational Impact on Students the Web address— Commission. https://www.nrc.gov/. Research Plan and Future Activities to ACTION: Notice of submission to the Achieve the Projects Goals Week of March 2, 2020—Tentative Office of Management and Budget; 11:00 a.m.–11:30 a.m. Questions and request for comment. Answers Thursday, March 5, 2020 12:00 p.m.–1:30 p.m. Working 10:00 a.m. Briefing on NRC SUMMARY: The U.S. Nuclear Regulatory Lunch—Panel Discussion— International Activities (Closed— Commission (NRC) has recently (CLOSED) Ex. 1 & 9) submitted a proposed collection of information to the Office of 1:30 p.m.–2:00 p.m. Student Week of March 9, 2020—Tentative recruitment Management and Budget (OMB) for review. The information collection is Diversity There are no meetings scheduled for the week of March 9, 2020. entitled, ‘‘Requests to Federally Communication and Outreach Recognized Indian Tribes for CONTACT PERSON FOR MORE INFORMATION: Evaluation and Assessment Information.’’ Institutional Support For more information or to verify the DATES: Submit comments by March 4, 2:00 p.m.–3:00 p.m. Initial Feedback to status of meetings, contact Denise 2020. Comments received after this date the PIRE Project Team (CLOSED) McGovern at 301–415–0681 or via email at [email protected]. The will be considered if it is practical to do 3:00 p.m. PIRE Project Team is schedule for Commission meetings is so, but the Commission is able to ensure dismissed subject to change on short notice. consideration only for comments 3:00 p.m.–4:30 p.m. Panel Meets to The NRC Commission Meeting received on or before this date. Prepare Reverse Site Visit Report Schedule can be found on the internet ADDRESSES: Submit comments directly (CLOSED) at: https://www.nrc.gov/public-involve/ to the OMB reviewer at: OMB Office of 4:30 p.m.–4:45 p.m. Panel Meets with public-meetings/schedule.html. Information and Regulatory Affairs NSF Staff to Discuss the Report The NRC provides reasonable (NRC–2019–0136), Attn: Desk Officer (CLOSED) accommodation to individuals with for the Nuclear Regulatory Commission, 5:00 p.m. End of Reverse Site Visit disabilities where appropriate. If you 725 17th Street NW, Washington, DC [FR Doc. 2020–01944 Filed 1–31–20; 8:45 am] need a reasonable accommodation to 20503; email: oira_submission@ BILLING CODE 7555–01–P participate in these public meetings or omb.eop.gov.
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FOR FURTHER INFORMATION CONTACT: submission to the OMB, then you Tribes. The NRC also indicated that it David Cullison, NRC Clearance Officer, should inform those persons not to will engage in timely consultations with U.S. Nuclear Regulatory Commission, include identifying or contact Indian Tribes. The NRC is requesting Washington, DC 20555–0001; telephone: information that they do not want to be OMB approval of a plan for a generic 301–415–2084; email: publicly disclosed in their comment collection of information. The need and [email protected]. submission. Your request should state practicality of the collection can be SUPPLEMENTARY INFORMATION: that comment submissions are not evaluated, but the details of the specific routinely edited to remove such individual collections will not be I. Obtaining Information and information before making the comment known until a later time. The Submitting Comments submissions available to the public or information collected will include A. Obtaining Information entering the comment into ADAMS. voluntary requests for information that would allow the NRC to more Please refer to Docket ID NRC–2019– II. Background effectively involve Indian Tribes in the 0136 when contacting the NRC about Under the provisions of the NRC’s regulatory activities and to enable the availability of information for this Paperwork Reduction Act of 1995 (44 the NRC to plan the NRC’s Tribal action. You may obtain publicly- U.S.C. Chapter 35), the NRC recently outreach and consultation activities. available information related to this submitted a proposed collection of action by any of the following methods: Dated at Rockville, Maryland, this 29th day • information to OMB for review entitled, of January 2020. Federal rulemaking website: Go to ‘‘Requests to Federally Recognized For the Nuclear Regulatory Commission. https://www.regulations.gov and search Indian Tribes for Information.’’ The for Docket ID NRC–2019–0136. A copy NRC hereby informs potential David C. Cullison, of the collection of information may be respondents that an agency may not NRC Clearance Officer, Office of the Chief obtained without charge by accessing conduct or sponsor, and that a person is Information Officer. Docket ID NRC–2019–0136 on this not required to respond to, a collection [FR Doc. 2020–02008 Filed 1–31–20; 8:45 am] website. BILLING CODE 7590–01–P • of information unless it displays a NRC’s Agencywide Documents currently valid OMB control number. Access and Management System The NRC published a Federal (ADAMS): You may obtain publicly- Register notice with a 60-day comment NUCLEAR REGULATORY available documents online in the period on this information collection on COMMISSION ADAMS Public Documents collection at October 7, 2019 (84 FR 53479). [Docket Nos. 52–025 and 52–026; NRC– http://www.nrc.gov/reading-rm/ 1. The title of the information 2008–0252] adams.html. To begin the search, select collection: Requests to Federally ‘‘Begin Web-based ADAMS Search.’’ For Recognized Indian Tribes for Southern Nuclear Operating Company, problems with ADAMS, please contact Information. Inc.; Vogtle Electric Generating Plant, the NRC’s Public Document Room (PDR) 2. OMB approval number: An OMB Units 3 and 4; Inspections, Tests, reference staff at 1–800–397–4209, 301– control number has not yet been Analyses, and Acceptance Criteria 415–4737, or by email to pdr.resource@ assigned to this proposed information AGENCY: Nuclear Regulatory nrc.gov. The supporting statement is collection. Commission. available in ADAMS under Accession 3. Type of submission: New. No. ML19350A232. 4. The form number if applicable: Not ACTION: Determination of the successful • NRC’s PDR: You may examine and Applicable. completion of inspections, tests, and purchase copies of public documents at 5. How often the collection is required analyses. the NRC’s PDR, Room O1–F21, One or requested: On occasion. SUMMARY: The U.S. Nuclear Regulatory White Flint North, 11555 Rockville 6. Who will be required or asked to Commission (NRC) staff has determined Pike, Rockville, Maryland 20852. respond: Federally recognized Indian that specified inspections, tests, and • NRC’s Clearance Officer: A copy of Tribes. the collection of information and related 7. The estimated number of annual analyses have been successfully instructions may be obtained without responses: 600. completed, and that specified charge by contacting the NRC’s 8. The estimated number of annual acceptance criteria are met for the Clearance Officer, David Cullison, respondents: 40. Vogtle Electric Generating Plant (VEGP), Office of the Chief Information Officer, 9. An estimate of the total number of Units 3 and 4. U.S. Nuclear Regulatory Commission, hours needed annually to comply with DATES: Determinations of the successful Washington, DC 20555–0001; telephone: the information collection requirement completion of inspections, tests, and 301–415–2084; email: or request: 4,800 (14,400 over the course analyses for VEGP Units 3 and 4 are [email protected]. of the three-year clearance period). effective on the dates indicated in the 10. Abstract: NRC actions and NRC- NRC staff’s verification evaluation forms B. Submitting Comments regulated activities may affect Indian for the inspections, tests, analyses, and The NRC cautions you not to include Tribes and their current or ancestral acceptance criteria (ITAAC). identifying or contact information in Tribal lands. On January 9, 2017, the ADDRESSES: Please refer to Docket ID comment submissions that you do not NRC published a Tribal Policy NRC–2008–0252 when contacting the want to be publicly disclosed in your Statement (82 FR 2402). In its Tribal NRC about the availability of comment submission. All comment Policy Statement, the NRC indicted that information regarding this document. submissions are posted at http:// it recognizes the Federal Trust You may obtain publicly-available www.regulations.gov and entered into Relationship with Indian Tribes and information related to this document ADAMS. Comment submissions are not will uphold its Trust Responsibility to using any of the following methods: routinely edited to remove identifying Indian Tribes. In its policy statement, • Federal Rulemaking Website: Go to or contact information. the NRC indicated that it recognizes and https://www.regulations.gov/ and search If you are requesting or aggregating is committed to a government-to- for Docket ID NRC–2008–0252. Address comments from other persons for government relationship with Indian questions about NRC docket IDs to
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Jennifer Borges; telephone: 301–287– Unit 4 combined license (ADAMS ITAAC closure process is not finalized 9127; email: [email protected]. Accession No. ML14100A135). for these ITAAC until the NRC makes an For technical questions, contact the affirmative finding under 10 CFR II. Licensee ITAAC Post-Closure individual listed in the FOR FURTHER 52.103(g). Any future updates to the Notifications (IPCNs) INFORMATION CONTACT section of this status of these ITAAC will be reflected document. Since the last Federal Register notice on the NRC’s website at https:// • NRC’s Agencywide Documents of the NRC staff’s determinations of www.nrc.gov/reactors/new-reactors/ Access and Management System successful completion of inspections, oversight/itaac.html. (ADAMS): You may obtain publicly tests, and analyses for VEGP Units 3 and This notice fulfills the NRC staff’s available documents online in the 4 (October 15, 2019; 84 FR 55183), the obligations under 10 CFR 52.99(e)(1) to ADAMS Public Documents collection at NRC staff has not made additional publish a notice in the Federal Register https://www.nrc.gov/reading-rm/ determinations of the successful of the NRC staff’s determination of the adams.html. To begin the search, select completion of inspections, tests, and successful completion of inspections, ‘‘Begin Web-based ADAMS Search.’’ For analyses based on licensee IPCNs tests, and analyses. problems with ADAMS, please contact submitted under 10 CFR 52.99(c)(2). Vogtle Electric Generating Plant Unit 3, the NRC’s Public Document Room (PDR) III. NRC Staff Determination of Docket No. 5200025 reference staff at 1–800–397–4209, 301– Completion of ITAAC 415–4737, or by email to pdr.resource@ A complete list of the review status The NRC staff has determined that the nrc.gov. The ADAMS accession number for VEGP Unit 3 ITAAC, including the specified inspections, tests, and for each document referenced in this submission date and ADAMS Accession analyses have been successfully document (if that document is available Number for each ICN received, the completed, and that the specified in ADAMS) is provided the first time ADAMS Accession Number for each acceptance criteria are met. The VEF, and the ADAMS Accession that a document is referenced. documentation of the NRC staff’s • NRC’s PDR: You may examine and Numbers for the inspection reports determination is in the ITAAC Closure associated with these specific ITAAC, purchase copies of public documents at Verification Evaluation Form (VEF) for can be found on the NRC’s website at the NRC’s PDR, Room O1–F21, One each ITAAC. The VEF is a form that https://www.nrc.gov/reactors/new- White Flint North, 11555 Rockville represents the NRC staff’s structured reactors/new-licensing-files/vog3- Pike, Rockville, Maryland 20852. process for reviewing ICNs and IPCNs. FOR FURTHER INFORMATION CONTACT: Each ICN presents a narrative icnsr.pdf. Chandu Patel, Office of New Reactors, description of how the ITAAC was Vogtle Electric Generating Plant Unit 4, U.S. Nuclear Regulatory Commission, completed. The NRC’s ICN review Docket No. 5200026 Washington, DC 20555–0001; telephone: process involves a determination on A complete list of the review status 301–415–3025; email: Chandu.Patel@ whether, among other things: (1) Each for VEGP Unit 4 ITAAC, including the nrc.gov. ICN provides sufficient information, submission date and ADAMS accession including a summary of the SUPPLEMENTARY INFORMATION: number for each ICN and IPCN received, methodology used to perform the the ADAMS accession number for each I. Licensee Notification of Completion ITAAC, to demonstrate that the VEF, and the ADAMS accession of ITAAC inspections, tests, and analyses have numbers for the inspection reports been successfully completed; (2) each Southern Nuclear Operating associated with these specific ITAAC, ICN provides sufficient information to Company, Inc. (SNC), Georgia Power can be found on the NRC’s website at demonstrate that the acceptance criteria Company, Oglethorpe Power https://www.nrc.gov/reactors/new- of the ITAAC are met; and (3) any NRC Corporation, MEAG Power SPVM, LLC., reactors/new-licensing-files/vog4- inspections for the ITAAC have been MEAG Power SPVJ, LLC., MEAG Power icnsr.pdf. SPVP, LLC., and the City of Dalton, completed and any ITAAC findings Georgia, (hereafter called the licensee) associated with that ITAAC have been Dated at Rockville, Maryland, this 28th day has submitted ITAAC closure closed. The NRC’s review process for of January 2020. notifications (ICNs) under section IPCNs is similar to that for ICNs but For the Nuclear Regulatory Commission. 52.99(c)(1) of title 10 of the Code of focuses on how the licensee addressed Victor E. Hall, Federal Regulations (10 CFR), informing the new material information giving rise Chief, Vogtle Project Office, Office of Nuclear the NRC that the licensee has to the IPCN. Reactor Regulation. successfully performed the required The NRC staff’s determination of the [FR Doc. 2020–01921 Filed 1–31–20; 8:45 am] inspections, tests, and analyses, and that successful completion of these ITAAC is BILLING CODE 7590–01–P the acceptance criteria are met for: based on information available at this time and is subject to the licensee’s VEGP Unit 3 ITAAC ability to maintain the condition that SECURITIES AND EXCHANGE 2.2.03.08c.vi.03 (191), 2.5.04.01 (556), the acceptance criteria are met. If the COMMISSION 2.6.09.05b (645), 3.3.00.02a.ii.e (768), NRC staff receives new information that 2.6.03.04j (876), and 2.6.05.03i (630). suggests the NRC staff’s determination Sunshine Act Meetings on any of these ITAAC is incorrect, then VEGP Unit 4 ITAAC the NRC staff will determine whether to TIME AND DATE: Notice is hereby given, 2.2.03.09a.iii (203), 2.3.05.03c.i (349), reopen that ITAAC (including pursuant to the provisions of the 2.3.05.03d.i (351), 2.6.09.05b (645), withdrawing the NRC staff’s Government in the Sunshine Act, Public 3.3.00.06b (788), and 2.6.03.04j (876). determination on that ITAAC). The NRC Law 94–409, that the Securities and The ITAAC for VEGP Unit 3 are in staff’s determination will be used to Exchange Commission Small Business Appendix C of the VEGP Unit 3 support a subsequent finding, pursuant Capital Formation Advisory Committee combined license (ADAMS Accession to 10 CFR 52.103(g), at the end of on Small and Emerging Companies will No. ML14100A106). The ITAAC for construction that all acceptance criteria hold a public meeting on Tuesday VEGP Unit 4 are in Appendix C of VEGP in the combined license are met. The February 4, 2020, in Multi-Purpose
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Room LL–006 at the Commission’s solicit comments on the proposed rule concerning the purpose of and basis for headquarters, 100 F Street NE, change from interested persons. the proposed rule change and discussed Washington, DC 20549. any comments it received on the I. Self-Regulatory Organization’s proposed rule change. The text of these PLACE: The meeting will begin at 9:30 Statement of the Terms of Substance of statements may be examined at the a.m. (ET) and will be open to the public. the Proposed Rule Change Seating will be on a first-come, first- places specified in Item IV below. The served basis. Doors will open at 9:00 The Exchange proposes to clarify Rule Exchange has prepared summaries, set a.m. Visitors will be subject to security 5635(d)(1)(A) without changing its forth in sections A, B, and C below, of checks. The meeting will be webcast on substance. The text of the proposed rule the most significant aspects of such the Commission’s website at change is set forth below. Proposed new statements. language is in italics; deleted text is in www.sec.gov. A. Self-Regulatory Organization’s brackets. STATUS: On January 22, 2020, the Statement of the Purpose of, and Commission published notice of the * * * * * Statutory Basis for, the Proposed Rule Committee meeting (Release No. 33– The Nasdaq Stock Market LLC Rules Change 10747), indicating that the meeting is * * * * * 1. Purpose open to the public and inviting the public to submit written comments to 5635. Shareholder Approval On September 26, 2018, the Exchange amended Rule 5635(d)(1)(A) to change the Committee. This Sunshine Act This Rule sets forth the circumstances notice is being issued because a majority the definition of market value for under which shareholder approval is purposes of the shareholder approval of the Commission may attend the required prior to an issuance of meeting. rule and eliminate the requirement for securities in connection with: (i) the shareholder approval of issuances at a MATTER TO BE CONSIDERED: The agenda acquisition of the stock or assets of price less than book value but greater for the meeting includes matters relating another company; (ii) equity-based than market value (the ‘‘Amendment’’).3 to rules and regulations affecting small compensation of officers, directors, As revised, Rule 5635(d) requires a and emerging companies under the employees or consultants; (iii) a change Nasdaq-listed company to obtain federal securities laws. of control; and (iv) transactions other shareholder approval prior to the CONTACT PERSON FOR MORE INFORMATION: than public offerings. General issuance of securities in connection For further information, please contact provisions relating to shareholder with a transaction other than a public the Office of the Secretary at (202) 551– approval are set forth in Rule 5635(e), offering 4 involving the sale, issuance or 5400. and the financial viability exception to potential issuance by the company of Dated: January 29, 2020. the shareholder approval requirement is common stock (or securities convertible Vanessa A. Countryman, set forth in Rule 5635(f). Nasdaq-listed into or exercisable for common stock), Companies and their representatives are Secretary. which alone or together with sales by encouraged to use the interpretative [FR Doc. 2020–02055 Filed 1–30–20; 11:15 am] officers, directors or Substantial letter process described in Rule 5602. Shareholders 5 of the company, equals BILLING CODE 8011–01–P (a) No change. 20% or more of the common stock or (b) No change. 20% or more of the voting power (c) No change. outstanding before the issuance (a ‘‘20% SECURITIES AND EXCHANGE IM–5635–1. No change. Issuance’’) at a price that is less than the COMMISSION (d) Transactions other than Public Minimum Price. Rule 5635(d)(1)(A) Offerings [Release No. 34–88056; File No. SR– defines ‘‘Minimum Price’’ as a price that NASDAQ–2020–004] (1) For purposes of this Rule 5635(d): (A) ‘‘Minimum Price’’ means a price is the lower of: (i) The closing price (as reflected on Nasdaq.com) immediately Self-Regulatory Organizations; The that is the lower of: (i) the Nasdaq preceding the signing of the binding Nasdaq Stock Market LLC; Notice of Official Closing Price [closing price] (as agreement; or (ii) the average closing Filing and Immediate Effectiveness of reflected on Nasdaq.com) immediately price of the common stock (as reflected a Proposed Rule Change to Clarify the preceding the signing of the binding on Nasdaq.com) for the five trading days Term ‘‘Closing Price’’ in Rule agreement; or (ii) the average Nasdaq immediately preceding the signing of 5635(d)(1)(A) Relating to Shareholder Official Closing Price [closing price] of the common stock (as reflected on the binding agreement. Approval for Transactions Other Than Prior to the Amendment, shareholder Nasdaq.com) for the five trading days Public Offerings approval was required for a 20% immediately preceding the signing of January 28, 2020. Issuance at a price less than the greater the binding agreement. 6 Pursuant to Section 19(b)(1) of the (B) No change. of book or market value. In the Securities Exchange Act of 1934 (2) No change. 3 1 2 See Securities Exchange Act Release No. 84287 (‘‘Act’’), and Rule 19b–4 thereunder, IM–5635–2. No change. (September 26, 2018), 83 FR 49599 (October 2, notice is hereby given that on January IM–5635–3. No change. 2018) (approving SR-Nasdaq-2018–008) (the 15, 2020, The Nasdaq Stock Market LLC (e) No change. ‘‘Approval Order’’). (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the (f) No change. 4 See Nasdaq Rule IM–5635–3 (Definition of a Securities and Exchange Commission IM–5635–4. No change. Public Offering). 5 An interest consisting of less than either 5% of (‘‘SEC’’ or ‘‘Commission’’) the proposed * * * * * the number of shares of common stock or 5% of the rule change as described in Items I and II. Self-Regulatory Organization’s voting power outstanding of a Company or party II below, which Items have been will not be considered a substantial interest or Statement of the Purpose of, and prepared by the Exchange. The cause the holder of such interest to be regarded as Statutory Basis for, the Proposed Rule a ‘‘Substantial Shareholder.’’ See Nasdaq Rule Commission is publishing this notice to Change 5635(e)(3). 6 ‘‘Market value’’ is defined in Nasdaq Rule 1 15 U.S.C. 78s(b)(1). In its filing with the Commission, the 5005(a)(23) as the consolidated closing bid price 2 17 CFR 240.19b–4. Exchange included statements Continued
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Exchange’s proposal to use the closing the Exchange’s original intent as by Nasdaq, help to avoid potential price reported on Nasdaq.com, rather approved by the Commission and does confusion for investors and listed than the market value, the Exchange not have any substantive effect on the companies. The Commission further explained that ‘‘[t]he closing price rule. notes that the current proposal is reported on Nasdaq.com is the Nasdaq consistent with Nasdaq’s original B. Self-Regulatory Organization’s Official Closing Price, which is derived proposal to adopt the current rule Statement on Burden on Competition from the closing auction on Nasdaq and language.16 For these reasons, the reflects actual sale prices at one of the The Exchange does not believe that Commission believes that waiver of the most liquid times of the day.’’ 7 At the the proposed rule change will impose 30-day operative delay is consistent time, Nasdaq believed that ‘‘codify[ing] any burden on competition not with the protection of investors and the within the rule that Nasdaq.com is the necessary or appropriate in furtherance public interest. Therefore, the appropriate source of the closing price of the purposes of the Act. The Commission hereby waives the information’’ would ‘‘assure that proposed change is designed to more operative delay and designates the companies and investors use the Nasdaq clearly describe the current operation proposal as operative upon filing.17 Official Closing Price when pricing and original intent of an existing rule At any time within 60 days of the transactions.’’ 8 However, Rule without changing its substance and, filing of the proposed rule change, the 5635(d)(1)(A) does not specify that the therefore, Nasdaq believes that the Commission summarily may closing price refers to the Nasdaq proposed change will not impose a temporarily suspend such rule change if Official Closing Price, which may create burden on competition. it appears to the Commission that such confusion. Nasdaq proposes to amend C. Self-Regulatory Organization’s action is necessary or appropriate in the public interest, for the protection of Rule 5635(d)(1)(A) to revise ‘‘closing Statement on Comments on the investors, or otherwise in furtherance of price (as reflected on Nasdaq.com)’’ to Proposed Rule Change Received From ‘‘Nasdaq Official Closing Price (as the purposes of the Act. 9 Members, Participants, or Others reflected on Nasdaq.com).’’ The IV. Solicitation of Comments Exchange believes that this change will No written comments were either reflect the Exchange’s original intention solicited or received. Interested persons are invited to submit written data, views, and in adopting the Amendment. III. Date of Effectiveness of the arguments concerning the foregoing, Proposed Rule Change and Timing for 2. Statutory Basis including whether the proposed rule Commission Action The Exchange believes that its change is consistent with the Act. proposal is consistent with Section 6(b) Because the foregoing proposed rule Comments may be submitted by any of of the Act,10 in general, and furthers the change does not: (i) Significantly affect the following methods: 11 the protection of investors or the public objectives of Section 6(b)(5) of the Act, Electronic Comments in particular, in that it is designed to interest; (ii) impose any significant • promote just and equitable principles of burden on competition; and (iii) become Use the Commission’s internet trade, to remove impediments to and operative for 30 days from the date on comment form (http://www.sec.gov/ perfect the mechanism of a free and which it was filed, or such shorter time rules/sro.shtml); or • open market and a national market as the Commission may designate, it has Send an email to rule-comments@ system, and, in general to protect become effective pursuant to Section sec.gov. Please include File Number SR– investors and the public interest, by 19(b)(3)(A) of the Act 12 and Rule 19b– NASDAQ–2020–004 on the subject line. 13 eliminating potential confusion and 4(f)(6) thereunder. Paper Comments enhancing clarity and transparency in A proposed rule change filed • Send paper comments in triplicate its rules. The proposal is consistent with pursuant to Rule 19b–4(f)(6) under the Act 14 normally does not become to Secretary, Securities and Exchange Commission, 100 F Street NE, multiplied by the measure to be valued (e.g., a operative for 30 days after the date of its company’s market value of publicly held shares is filing. However, Rule 19b–4(f)(6)(iii) 15 Washington, DC 20549–1090. equal to the consolidated closing bid price permits the Commission to designate a All submissions should refer to File multiplied by a company’s publicly held shares). shorter time if such action is consistent Number SR–NASDAQ–2020–004. This See Nasdaq Rule 5005(a)(23). file number should be included on the 7 See Securities Exchange Act Release No. 82702 with the protection of investors and the (February 13, 2018), 83 FR 7269 (February 20, 2018) public interest. The Exchange has asked subject line if email is used. To help the at 7270. See also Approval Order at 49602 (‘‘the the Commission to waive the 30-day Commission process and review your proposal to use the Nasdaq Official Closing Price for operative delay so that Rule comments more efficiently, please use purposes of market value should help to ensure only one method. The Commission will transparency to investors in calculating market 5635(d)(1)(A) may be amended to reflect value for purposes of the rule.’’). the Exchange’s original intent and post all comments on the Commission’s 8 Id. reduce potential confusion for internet website (http://www.sec.gov/ 9 See Nasdaq Rule 4754(b)(4) (‘‘All orders companies and investors. rules/sro.shtml). Copies of the executed in the Nasdaq Closing Cross will be The Commission believes that waiver submission, all subsequent executed at the Nasdaq Closing Cross price, trade of the operative delay should, as noted amendments, all written statements reported anonymously, and disseminated via the consolidated tape. The Nasdaq Closing Cross price with respect to the proposed rule will be the Nasdaq Official Closing Price for stocks 12 15 U.S.C. 78s(b)(3)(A). change that are filed with the that participate in the Nasdaq Closing Cross. Fifteen 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Commission, and all written minutes after the close of trading, Nasdaq will 4(f)(6)(iii) requires a self-regulatory organization to communications relating to the disseminate via the network processor a trade give the Commission written notice of its intent to message setting the Nasdaq Official Closing Price as file the proposed rule change, along with a brief proposed rule change between the the official Consolidated Last Sale Price in each description and text of the proposed rule change, Nasdaq-listed security in which one round lot or at least five business days prior to the date of filing 16 See supra note 7 and accompanying text. more is executed in the Nasdaq Closing Cross where of the proposed rule change, or such shorter time 17 For purposes only of waiving the 30-day the closing price differs from the Consolidated Last as designated by the Commission. The Exchange operative delay, the Commission also has Sale Price.’’). has satisfied this requirement. considered the proposed rule’s impact on 10 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 11 15 U.S.C. 78f(b)(5). 15 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).
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Commission and any person, other than I. Self-Regulatory Organization’s Rules 5P and 8P.5 In that filing, the those that may be withheld from the Statement of the Terms of Substance of Exchange added subsection (5) to Rule public in accordance with the the Proposed Rule Change 104(f) providing that, for those ETPs in provisions of 5 U.S.C. 552, will be The Exchange proposes to amend which they are registered, DMM units available for website viewing and Rule 104(f)(5) to extend the operative are responsible for the affirmative printing in the Commission’s Public date of the requirements of Rules obligation of maintaining a fair and Reference Room, 100 F Street NE, 104(f)(2) and (3) to Exchange Traded orderly market, including maintaining Washington, DC 20549, on official Products (‘‘ETPs’’) to no later than price continuity with reasonable depth business days between the hours of eighteen weeks after ETPs listed on the for their registered ETPs in accordance 10:00 a.m. and 3:00 p.m. Copies of the Exchange pursuant to Rules 5P and 8P with Depth Guidelines published by the filing also will be available for begin trading. The proposed rule change Exchange. To provide the Exchange inspection and copying at the principal is available on the Exchange’s website at time to collect trading data adequate to office of the Exchange. All comments www.nyse.com, at the principal office of calculate appropriate Depth Guidelines received will be posted without change. the Exchange, and at the Commission’s for listed ETPs, the Exchange proposed that Rule 104(f)(2) and (3) would not be Persons submitting comments are Public Reference Room. cautioned that we do not redact or edit operative until eighteen weeks after the personal identifying information from II. Self-Regulatory Organization’s approval of the proposed rule change by comment submissions. You should Statement of the Purpose of, and the Commission.6 The Commission submit only information that you wish Statutory Basis for, the Proposed Rule approved the rule filing on September to make available publicly. All Change 23, 2019. Rules 104(f)(2) and (3) would submissions should refer to File In its filing with the Commission, the accordingly be operative for ETPs on Number SR–NASDAQ–2020–004 and self-regulatory organization included January 27, 2020. should be submitted on or before statements concerning the purpose of, To date, no ETPs have listed on the February 24, 2020. and basis for, the proposed rule change Exchange. In order to provide the Exchange with adequate time to For the Commission, by the Division of and discussed any comments it received on the proposed rule change. The text calculate the appropriate Depth Trading and Markets, pursuant to delegated Guidelines for ETPs based on actual authority.18 of those statements may be examined at trading data, the Exchange proposes to the places specified in Item IV below. J. Matthew DeLesDernier, specify in Rule 104(f)(5) that the outside The Exchange has prepared summaries, Assistant Secretary. date for the requirements Rule 104(f)(2) set forth in sections A, B, and C below, [FR Doc. 2020–01912 Filed 1–31–20; 8:45 am] and (3) to be operative with respect to of the most significant parts of such BILLING CODE 8011–01–P ETPs would be no later than eighteen statements. weeks after ETPs listed on the Exchange A. Self-Regulatory Organization’s pursuant to Rules 5P and 8P begin SECURITIES AND EXCHANGE Statement of the Purpose of, and the trading. COMMISSION Statutory Basis for, the Proposed Rule 2. Statutory Basis Change The Exchange believes that the [Release No. 34–88058; File No. SR–NYSE– 1. Purpose 2020–04] proposal is consistent with Section 6(b) The Exchange proposes to amend of the Act,7 in general, and furthers the Self-Regulatory Organizations; New Rule 104(f)(5) to extend the operative objectives of Sections 6(b)(5) of the Act,8 York Stock Exchange LLC; Notice of date of the requirements of Rules in particular, because it is designed to Filing and Immediate Effectiveness of 104(f)(2) and (3) to ETPs to no later than prevent fraudulent and manipulative Proposed Rule Change To Amend Rule eighteen weeks after ETPs listed on the acts and practices, to promote just and 104(f)(5) To Extend the Operative Date Exchange pursuant to Rules 5P and 8P equitable principles of trade, to foster of the Requirements of Rules 104(f)(2) begin trading. cooperation and coordination with and (3) to Exchange Traded Products Rule 104(f) imposes an affirmative persons engaged in regulating, clearing, obligation on Designated Market Makers settling, processing information with January 28, 2020. (‘‘DMM’’) to maintain, insofar as respect to, and facilitating transactions Pursuant to Section 19(b)(1) 1 of the reasonably practicable, a fair and in securities, to remove impediments to, Securities Exchange Act of 1934 orderly market on the Exchange in and perfect the mechanisms of, a free (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 assigned securities, including and open market and a national market notice is hereby given that on January maintaining price continuity with system and, in general, to protect 17, 2020, New York Stock Exchange reasonable depth and trading for the investors and the public interest and LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with DMM’s own account when lack of price because it is not designed to permit the Securities and Exchange continuity, lack of depth, or disparity unfair discrimination between Commission (‘‘Commission’’) the between supply and demand exists or is customers, issuers, brokers, or dealers. proposed rule change as described in reasonably to be anticipated. The In particular, the Exchange believes Items I, II, and III below, which Items Exchange supplies DMMs with that delaying implementation of Depth have been prepared by the self- suggested Depth Guidelines for each Guidelines no later than eighteen weeks regulatory organization. The security in which a DMM is registered, after ETPs listed on the Exchange Commission is publishing this notice to and DMMs are expected to quote and pursuant to Rules 5P and 8P begin solicit comments on the proposed rule trade with reference to those Depth trading would remove impediments to change from interested persons. Guidelines.4 The Exchange amended Rule 104 to 5 See Securities Exchange Act Release No. 87056 (September 23, 2019), 84 FR 51205 (September 27, 18 17 CFR 200.30–3(a)(12). specify DMM requirements for ETPs 2019) (SR–NYSE–2019–34). 1 15 U.S.C. 78s(b)(1). listed on the Exchange pursuant to 6 See id., 84 FR at 51207. 2 15 U.S.C. 78a. 7 15 U.S.C. 78f(b). 3 17 CFR 240.19b–4. 4 See Rule 104(f)(3). 8 15 U.S.C. 78f(b)(5).
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and perfect the mechanism of a free and change would promote competition by Electronic Comments open market and a national market facilitating the trading of Exchange- • system by allowing the Exchange time listed ETPs by DMMs and promoting the Use the Commission’s internet to develop Depth Guidelines tailored for display of liquidity on an exchange, comment form (http://www.sec.gov/ how ETPs actually trade on the which would benefit all market rules/sro.shtml); or Exchange, thereby facilitating market participants, which would enable the • Send an email to rule-comments@ making by DMMs in listed ETPs and Exchange to further compete with sec.gov. Please include File Number SR– maintaining the Exchange’s current unaffiliated exchange competitors that NYSE–2020–04 on the subject line. structure to trade listed securities. The also trade ETPs. proposed rule change is therefore Paper Comments consistent with the existing delayed C. Self-Regulatory Organization’s • Send paper comments in triplicate implementation of Depth Guidelines. Statement on Comments on the to: Secretary, Securities and Exchange Because the purpose of the original Proposed Rule Change Received From delayed implementation was to provide Members, Participants, or Others Commission, 100 F Street NE, Washington, DC 20549–1090. time to develop Depth Guidelines No written comments were solicited tailored for how ETPs listed on the or received with respect to the proposed All submissions should refer to File Exchange would trade, the Exchange rule change. Number SR–NYSE–2020–04. This file believes that beginning the delayed number should be included on the implementation period from the start of III. Date of Effectiveness of the subject line if email is used. To help the trading of ETPs listed under Rules 5P Proposed Rule Change and Timing for Commission process and review your and 8P would serve the same goal, Commission Action comments more efficiently, please use which is to provide time for the The Exchange has filed the proposed only one method. The Commission will Exchange to develop Depth Guidelines post all comments on the Commission’s tailored for how ETPs listed on the rule change pursuant to Section 11 internet website (http://www.sec.gov/ Exchange will trade. 19(b)(3)(A)(iii) of the Act and Rule The Exchange further believes that the 19b–4(f)(6) thereunder.12 Because the rules/sro.shtml). Copies of the proposal would not be inconsistent with proposed rule change does not: (i) submission, all subsequent the public interest and the protection of Significantly affect the protection of amendments, all written statements investors. The proposal would not investors or the public interest; (ii) with respect to the proposed rule eliminate or reduce the Rule 104 impose any significant burden on change that are filed with the requirements applicable to DMMs competition; and (iii) become operative Commission, and all written trading ETPs on the Exchange that prior to 30 days from the date on which communications relating to the transactions be effected in a reasonable it was filed, or such shorter time as the proposed rule change between the and orderly manner in relation to the Commission may designate, if Commission and any person, other than condition of the general market and the consistent with the protection of those that may be withheld from the market in the particular stock. Rather, investors and the public interest, the public in accordance with the the Exchange proposes that proposed rule change has become provisions of 5 U.S.C. 552, will be implementation of these obligations effective pursuant to Section 19(b)(3)(A) available for website viewing and would be delayed no later than eighteen of the Act and Rule 19b–4(f)(6)(iii) printing in the Commission’s Public weeks following the start of ETP trading thereunder. Reference Room, 100 F Street NE, so that the Exchange can calculate At any time within 60 days of the Washington, DC 20549 on official Depth Guidelines based on actual filing of such proposed rule change, the business days between the hours of trading data. As noted, the Exchange Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the believes that delayed implementation of temporarily suspend such rule change if filing also will be available for Depth Guidelines will allow it to it appears to the Commission that such inspection and copying at the principal develop more appropriately tailored action is necessary or appropriate in the office of the Exchange. All comments guidelines that should improve the public interest, for the protection of received will be posted without change. DMM units’ ability to maintain a fair investors, or otherwise in furtherance of Persons submitting comments are and orderly market and also the broader the purposes of the Act. If the cautioned that we do not redact or edit market for those securities here on the Commission takes such action, the personal identifying information from Exchange and on other markets.9 Commission shall institute proceedings comment submissions. For the foregoing reasons, the under Section 19(b)(2)(B) 13 of the Act to Exchange believes that the proposal is determine whether the proposed rule You should submit only information consistent with the Act. change should be approved or that you wish to make available publicly. All submissions should refer B. Self-Regulatory Organization’s disapproved. Statement on Burden on Competition to File Number SR–NYSE–2020–04 and IV. Solicitation of Comments should be submitted on or before In accordance with Section 6(b)(8) of Interested persons are invited to February 24, 2020. the Act,10 the Exchange believes that the submit written data, views, and proposed rule change would not impose For the Commission, by the Division of arguments concerning the foregoing, any burden on competition that is not Trading and Markets, pursuant to delegated including whether the proposed rule 14 necessary or appropriate in furtherance authority. change is consistent with the Act. of the purposes of the Act. The J. Matthew DeLesDernier, Comments may be submitted by any of Exchange believes that the proposed Assistant Secretary. the following methods: [FR Doc. 2020–01909 Filed 1–31–20; 8:45 am] 9 See Securities Exchange Act Release Nos. 62479 BILLING CODE 8011–01–P (July 9, 2010), 75 FR 41264, 41265 (July 15, 2010) 11 15 U.S.C. 78s(b)(3)(A)(iii). (SR–NYSEAmex–2010–31). 12 17 CFR 240.19b–4(f)(6). 10 15 U.S.C. 78f(b)(8). 13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE 2020, ICC filed Partial Amendment No. 811(d), to allocate the Investment Loss COMMISSION 2 to the proposed rule change. Shortfall to Participants (including any Pursuant to Section 19(b)(1) of the Defaulting Participants). In the case of [Release No. 34–88064; File No. SR–ICC– 8 9 2019–010] Act and Rule 19b–4 thereunder the an Investment Loss in the house Commission is publishing notice of account, each Participant would be Self-Regulatory Organizations; ICE Partial Amendment No. 2 to the obligated to make a contribution (an Clear Credit LLC; Notice of Filing of proposed rule change as described in ‘‘Investment Loss Contribution’’), based Partial Amendment No. 2 to Proposed Items I and II below, which Items have on its pro rata share of the Investment Rule Change Relating to Amendments been prepared by ICC. The Commission Loss Shortfall, determined based on the to the ICC Clearing Rules To Address is publishing this notice to solicit proportion of its aggregate Initial Margin Non-Default Losses comments on the proposed rule change, (both house and customer) and General as modified by Partial Amendments No. Guaranty Fund contributions (its January 28, 2020. 1 and No. 2, from interested persons. ‘‘Participant IM/GF Contribution’’) as On August 8, 2019, ICE Clear Credit compared to the aggregate Participant LLC (‘‘ICC’’) filed with the Securities I. Clearing Agency’s Statement of the IM/GF Contributions for all Participants. and Exchange Commission Terms of Substance of Partial For example, in the case of an (‘‘Commission’’), pursuant to Section Amendment No. 2 to the Proposed Rule Investment Loss Shortfall of 3,000 units 19(b)(1) of the Securities Exchange Act Change in the house account, each Participants of 1934 (the ‘‘Act’’),1 and Rule 19b–4 ICC is filing this Partial Amendment is obligated make an Investment Loss thereunder,2 a proposed rule change to No. 2 to SR–ICC–2019–010 (the Contribution. Assuming the aggregate amend ICC’s Clearing Rules (the ‘‘Filing’’) to make certain clarifications Participant IM/GF Contributions for all ‘‘Rules’’) to address treatment of losses related to the allocation of Investment Participants is 525,000 units and not related to a Clearing Participant Losses.10 With this Partial Amendment Participant ‘‘ABC’’ has a Participant IM/ default. The proposed rule change was No. 2, ICC is including Exhibit 4, which GF Contribution of 26,250 (5%), published for comment in the Federal reflects changes to the text of the Investing Participant ‘‘ABC’’ has an Register on August 28, 2019.3 On proposed rule change pursuant to this Investment Loss Contribution of 150 October 4, 2019, the Commission Partial Amendment No. 2, and Exhibit units (5% of the Investment Loss designated a longer period of time for 5, which reflects all proposed changes Shortfall). Commission action on the proposed rule to the current rule text, as amended by In the case of an Investment Loss in 4 change until November 26, 2019. On this Partial Amendment No. 2. This the client origin account, each Investing October 7, 2019, ICC filed a partial Partial Amendment No. 2 makes the Participant would be obligated to pay an amendment (‘‘Partial Amendment No. following changes to the Filing: (1) It Investment Loss Contribution equal to 1’’) to modify the proposed rule specifies that the allocation of its pro rata share of the Investment Loss 5 change. On November 25, 2019, the Investment Losses is limited to Shortfall, determined based on the Commission published notice of Partial Investing Participants in the case of proportion of its Participant IM/GF Amendment No. 1, solicited comments Investment Losses in the client origin Contribution to the aggregate Participant from interested persons on the proposed account and (2) it clarifies that IM/GF Contributions of all Investing rule change as modified by Partial Investment Losses would be determined Participants. For example, in the case of Amendment No. 1, and instituted separately for the house account and an Investment Loss Shortfall of 3,000 proceedings under Section 19(b)(2)(B) of units in the client origin account where 6 client origin account. the Act to determine whether to In this Partial Amendment No. 2, ICC only 27 of 29 Participants are Investing approve or disapprove the proposed proposes new term ‘‘Investing Participants, only 27 Investing rule change as modified by Partial Participant’’ in Rule 102. An Investing Participants are obligated make an Amendment No. 1.7 On January 24, Participant would be defined in Rule Investment Loss Contribution. 402(k) as a Participant that has Assuming the aggregate Participant IM/ 1 15 U.S.C. 78s(b)(1). instructed ICC to invest cash Initial GF Contributions of all Investing 2 17 CFR 240.19b–4. Participants is 500,000 units and 3 Self-Regulatory Organizations; ICE Clear Credit Margin provided by it in respect of its client origin account. The incorporation Investing Participant ‘‘XYZ’’ has a LLC; Proposed Rule Change, Security-Based Swap Participant IM/GF Contribution of Submission, or Advance Notice Relating to the ICC of this term clarifies that, in the case of 20,000 (4%), Investing Participant Clearing Rules; Exchange Act Release No. 86729 an Investment Loss in the client origin (Aug. 22, 2019); 84 FR 45191 (Aug. 28, 2019) (SR– ‘‘XYZ’’ has an Investment Loss account, the obligation to pay an ICC–2019–010). Contribution of 120 units (4% of the 4 Investment Loss Contribution is in Self-Regulatory Organizations; ICE Clear Credit Investment Loss Shortfall). Whether a LLC; Notice of Designation of Longer Period for respect of Investing Participants under Participant is an Investing Participant Commission Action on Proposed Rule Change the proposed approach. Relating to Amendments to the ICC Clearing Rules would be determined as of the time Additionally, ICC proposes in this To Address Non-Default Losses; Exchange Act immediately prior to the Investment Partial Amendment No. 2 that Release No. 87225 (Oct. 4, 2019); 84 FR 54712 (Oct. Loss. In the case of simultaneous 10, 2019) (SR–ICC–2019–010). Investment Losses would be determined 5 In Partial Amendment No. 1 to the proposed Investment Losses for the house account separately for the house account and and client origin account, available rule change, ICC provided additional details and client origin account. In the event the analyses surrounding the proposed rule change in Investment Loss Resources would be the form of a confidential Exhibit 3. Investment Loss Resources were applied pro rata based on the amount of 6 15 U.S.C. 78s(b)(2)(B). insufficient to cover the Investment Loss 7 such Investment Losses. Self-Regulatory Organizations; ICE Clear Credit (an ‘‘Investment Loss Shortfall’’), ICC The proposed approach in the Filing LLC; Notice of Filing of Partial Amendment No. 1 would have the right, under Rule and Order Instituting Proceedings To Determine mutualizes Investment Losses across Whether To Approve or Disapprove Proposed Rule Participants, in these remote loss 8 Change, as Modified by Partial Amendment No. 1, 15 U.S.C. 78s(b)(1). scenarios where such losses exceed Relating to Amendments to the ICC Clearing Rules 9 17 CFR 240.19b–4. To Address Non-Default Losses; Exchange Act 10 Capitalized terms used but not defined herein applicable ICC resources allocated to Release No. 87622 (Nov. 25, 2019); 84 FR 66041 have the meanings specified in the Rules and the such losses. This Amendment No. 2 (Dec. 2, 2019) (SR–ICC–2019–010). Filing. further clarifies that, with respect to the
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client origin account, the obligation to client origin account, each Investing be required for an approach that pay an Investment Loss Contribution is Participant (i.e., a Participant that has attempted to allocate losses based on a in respect of Investing Participants. instructed ICC to invest cash Initial Participant’s particular assets [and Even though such investment elections Margin provided by it in respect of its elections]. [In this regard, in ICC’s view, by Participants may shift the balances client origin account) would be individual elections by a Participant between investment assets (subject to obligated to pay an Investment Loss with respect to its customer origin Investment Losses) and custodial assets Contribution equal to its pro rata share account are unlikely to affect the overall (subject to Custodial Losses), ICC of the Investment Loss Shortfall, risk of Investment Loss and Custodial believes that it is appropriate to limit determined based on the proportion of Loss (and indeed, investment elections the allocation of Investment Losses in its Participant IM/GF Contribution to by Participants will generally only shift the client origin account to Investing the aggregate Participant IM/GF the balances between investment assets Participants. Moreover, ICC does not Contributions of all Investing (subject to Investment Losses) and anticipate a significant amount of non- Participants. Under Rule 811(e), the custodial assets (subject to Custodial Investing Participants. In ICC’s view, the maximum contribution of a Participant Losses)). Regardless of any elections, amendments provide an appropriate for an Investment Loss Contribution in t]The balance of investments, and the and equitable method to allocate the respect of any event giving rise to an particular investments made, may loss from an extreme non-default loss Investment Loss may not exceed its change on a daily (or more frequent) scenario and will facilitate ICC’s ability Participant IM/GF Contribution. basis, as may the balance of assets (and to allocate such loss so that it can Investment Loss Contributions could types of assets) held with any individual continue clearing operations. only be applied to Investment Loss Custodian, meaning that any attempt to Additionally, ICC proposes the Shortfalls (and not Custodial Loss allocate based on specific Participant following clarifying revisions to the Shortfalls). positions would have to be done on a Purpose and Statutory Basis sections of • ICC proposes to amend the second real-time basis. Furthermore, [all] the Filing in the Form 19b–4 and paragraph on page 17 of the Form 19b– Participant assets are held and invested Exhibit 1A. on an aggregate basis (excluding • ICC proposes to add the following 4 and the third paragraph on page 37 of Exhibit 1A accordingly (new text is Participants that have instructed ICC not text at the end of the second paragraph to invest cash Initial Margin provided under ‘‘Definition of Loss Categories’’ bolded and deleted text is bracketed): Under the amendments, losses in excess by it in respect of its client origin on page 5 of the Form 19b–4 and on account) [(]such that investments cannot page 25 of Exhibit 1A: Investment of the amount of Investment Loss Resources or Custodial Loss Resources be allocated to particular Participants[)], Losses would be determined separately and all such Participants receive a for the house account and client origin would be shared among Participants as set forth in Rule 811[, proportionally blended rate of return from aggregate account. clearing house investment activity. [As • ICC proposes to add the following based on their respective aggregate a result,] ICC does not believe it would text at the end of the third paragraph initial margin and guaranty fund be operationally feasible, or beneficial to under ‘‘Treatment of Losses’’ on page 6 contributions]. ICC has determined that of the Form 19b–4 and on page 27 of the allocation of Investment Losses or Participants, to attempt to allocate Exhibit 1A: In the case of simultaneous Custodial Losses, as the case may be, to Investment or Custodial Losses based on Investment Losses for the house account Participants (which are limited to [particular investment elections made and client origin account, available Investing Participants in the case of or] assets maintained by individual Investment Loss Resources would be Investment Losses in the client origin Participants with the clearing house on applied pro rata based on the amount of account) should be made a real time basis. Instead, ICC believes such Investment Losses. proportionately based on the relative it is more appropriate, in light of these • ICC proposes to amend the fourth Participant IM/GF Contributions. The operational and other considerations, to paragraph under ‘‘Treatment of Losses’’ approach mutualizes both Investment allocate Investment Losses and on page 7 of the Form 19b–4 and on Losses and Custodial Losses across [all] Custodial Losses, if any, to Participants page 27 of Exhibit 1A accordingly (new Participants, in these remote loss (which are limited to Investing text is bolded and deleted text is scenarios where such losses exceed Participants in the case of Investment bracketed): In the event the Investment applicable ICC resources allocated to Losses in the client origin account) Loss Resources were insufficient to such losses. The approach also ensures based on their respective aggregate cover the Investment Loss (an that, with respect to the client origin amount of Margin and General Guaranty ‘‘Investment Loss Shortfall’’), ICC would account, the obligation to pay an Fund assets at the clearing house. have the right, under Rule 811(d), to Investment Loss Contribution is in II. Date of Effectives of Proposed Rule allocate the Investment Loss Shortfall to respect of Investing Participants. Change and Timing for Commission [all] Participants (including any Participants may be required to make Action Defaulting Participants). In th[at]e case Loss Contributions that are independent of an Investment Loss in the house of the particular mix of cash and Because the Commission instituted account, each Participant would be securities provided by the Participant as proceedings to determine whether to obligated to make a contribution (an margin or guaranty fund assets[, or any approve or disapprove the proposed 11 ‘‘Investment Loss Contribution’’), based investment elections made by the rule change, the Commission shall by on its pro rata share of the Investment Participant with respect to its customer order approve, disapprove, or designate Loss Shortfall, determined based on the origin account]. Nonetheless, ICC 11 Self-Regulatory Organizations; ICE Clear Credit proportion of its aggregate Initial Margin believes that the approach is LLC; Notice of Filing of Partial Amendment No. 1 (both house and customer) and General appropriate in light of the remote nature and Order Instituting Proceedings To Determine Guaranty Fund contributions (its of the potential losses, the fact that Whether To Approve or Disapprove Proposed Rule ‘‘Participant IM/GF Contribution’’) as Participant margin and guaranty fund Change, as Modified by Partial Amendment No. 1, Relating to Amendments to the ICC Clearing Rules compared to the aggregate Participant assets are invested and custodied To Address Non-Default Losses; Exchange Act IM/GF Contributions for all Participants. collectively, and the practical and Release No. 87622 (Nov. 25, 2019); 84 FR 66041 In the case of an Investment Loss in the operational considerations that would (Dec. 2, 2019) (SR–ICC–2019–010).
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a longer period for Commission action that you wish to make available 2020. The Commission is extending this on proceedings to determine whether to publicly. All submissions should refer 45-day time period. approve or disapproved the proposed to File Number SR–ICC–2019–010 and The Commission finds it appropriate rule change, as modified by Partial should be submitted on or before to designate a longer period within Amendments No. 1 and No. 2, by February 18, 2020. which to take action on the proposed rule change so that it has sufficient time February 24, 2020. For the Commission, by the Division of to consider the proposed rule change. III. Solicitation of Comments Trading and Markets, pursuant to delegated authority.12 Accordingly, the Commission, pursuant Interested persons are invited to 5 J. Matthew DeLesDernier, to Section 19(b)(2) of the Act, submit written data, views, and designates March 25, 2020 as the date Assistant Secretary. arguments concerning the foregoing, by which the Commission shall either including whether the proposed rule [FR Doc. 2020–01910 Filed 1–31–20; 8:45 am] approve or disapprove, or institute change, as modified by Partial BILLING CODE 8011–01–P proceedings to determine whether to Amendments No. 1 and No. 2, is disapprove, the proposed rule change consistent with the Act. Comments may (File No. SR–NYSEArca-2019–77). be submitted by any of the following SECURITIES AND EXCHANGE COMMISSION For the Commission, by the Division of methods: Trading and Markets, pursuant to delegated Electronic Comments authority.6 [Release No. 34–88066; File No. SR– J. Matthew DeLesDernier, • Use the Commission’s internet NYSEArca–2019–77] comment form (http://www.sec.gov/ Assistant Secretary. rules/sro.shtml); or Self-Regulatory Organizations; NYSE [FR Doc. 2020–01914 Filed 1–31–20; 8:45 am] • Send an email to rule-comments@ Arca, Inc.; Notice of Designation of a BILLING CODE 8011–01–P sec.gov. Please include File Number SR– Longer Period for Commission Action ICC–2019–010 on the subject line. on a Proposed Rule Change To List and Trade Shares of the SMALL BUSINESS ADMINISTRATION Paper Comments AdvisorShares Pure US Cannabis ETF • Send paper comments in triplicate Under NYSE Arca Rule 8.600–E Reporting and Recordkeeping to Secretary, Securities and Exchange Requirements Under OMB Review January 28, 2020. Commission, 100 F Street NE, AGENCY: Small Business Administration. Washington, DC 20549. On December 13, 2019, NYSE Arca, ACTION: 30-Day notice. All submissions should refer to File Inc. (‘‘Exchange’’) filed with the Number SR–ICC–2019–010. This file Securities and Exchange Commission SUMMARY: The Small Business number should be included on the (‘‘Commission’’), pursuant to Section Administration (SBA) is publishing this subject line if email is used. To help the 19(b)(1) of the Securities Exchange Act notice to comply with requirements of Commission process and review your of 1934 (‘‘Act’’) 1 and Rule 19b–4 the Paperwork Reduction Act (PRA) comments more efficiently, please use thereunder,2 a proposed rule change to requires agencies to submit proposed only one method. The Commission will list and trade shares of the reporting and recordkeeping post all comments on the Commission’s AdvisorShares Pure US Cannabis ETF requirements to OMB for review and internet website (http://www.sec.gov/ under NYSE Arca Rule 8.600–E. The approval, and to publish a notice in the rules/sro.shtml). Copies of the proposed rule change was published for Federal Register notifying the public submission, all subsequent comment in the Federal Register on that the agency has made such a amendments, all written statements December 26, 2019.3 The Commission submission. This notice also allows an with respect to the proposed rule has received no comment letters on the additional 30 days for public comments. change that are filed with the proposed rule change. DATES: Submit comments on or before Commission, and all written Section 19(b)(2) of the Act 4 provides March 4, 2020. communications relating to the that within 45 days of the publication of ADDRESSES: Comments should refer to proposed rule change between the notice of the filing of a proposed rule the information collection by name Commission and any person, other than change, or within such longer period up and/or OMB Control Number and those that may be withheld from the to 90 days as the Commission may should be sent to: Agency Clearance public in accordance with the designate if it finds such longer period Officer, Curtis Rich, Small Business provisions of 5 U.S.C. 552, will be to be appropriate and publishes its Administration, 409 3rd Street SW, 5th available for website viewing and reasons for so finding, or as to which the Floor, Washington, DC 20416; and SBA printing in the Commission’s Public self-regulatory organization consents, Desk Officer, Office of Information and Reference Room, 100 F Street NE, the Commission shall either approve the Regulatory Affairs, Office of Washington, DC 20549, on official proposed rule change, disapprove the Management and Budget, New business days between the hours of proposed rule change, or institute Executive Office Building, Washington, 10:00 a.m. and 3:00 p.m. Copies of such proceedings to determine whether the DC 20503. filings will also be available for proposed rule change should be FOR FURTHER INFORMATION CONTACT: inspection and copying at the principal disapproved. The 45th day after Curtis Rich, Agency Clearance Officer, office of ICE Clear Credit and on ICE publication of the notice for this (202) 205–7030, [email protected]. Clear Credit’s website at https:// proposed rule change is February 9, Copies: A copy of the Form OMB 83– www.theice.com/clear-credit/regulation. 1, supporting statement, and other All comments received will be posted 12 documents submitted to OMB for without change. Persons submitting 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). review may be obtained from the comments are cautioned that we do not 2 17 CFR 240.19b–4. Agency Clearance Officer. redact or edit personal identifying 3 See Securities Exchange Act Release No. 87791 information from comment submissions. (December 18, 2019), 84 FR 71057. 5 Id. You should submit only information 4 15 U.S.C. 78s(b)(2). 6 17 CFR 200.30–3(a)(31).
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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF STATE 2020. Such information shall include, at information on SBA Form 480, Size a minimum, the method by which the Status Declaration, is collected from [Public Notice:11018] Department of State may contact a small business investment companies Covered Claims Under the Promoting claimant, as well as sufficient (SBICs) and the small businesses that Security and Justice for Victims of documentation to establish that the receive assistance from SBICs. SBA uses Terrorism Act of 2019 claim constitutes a ‘‘covered claim’’ the information to determine whether within the meaning of section 903. SBIC assistance is provided only to ACTION: Notice of identification of Section 903 defines a ‘‘covered claim’’ small business concerns as defined in method for submission of covered to mean any pending action by, or final the Small Business Investment Act of claims. judgment in favor of, a national of the 1958 and in SBA size regulations. United States, or any action by a Without this information, businesses SUPPLEMENTARY INFORMATION: Section national of the United States dismissed that exceed SBA’s size standards could 903(b)(4) of the Promoting Security and for lack of personal jurisdiction, under benefit from program resources Justice for Victims of Terrorism Act of section 2333 of title 18, United States intended only for small businesses. 2019 (Div. J, Pub. L. 116–94) provides Code, against the Palestinian Authority or the Palestine Liberation Organization. Solicitation of Public Comments that it is the sense of Congress that (A) covered claims should be resolved in a In the event notice and information of Title: Size Status Declaration. manner that provides just compensation a covered claim is submitted by the Description of Respondents: Small to the victims; (B) covered claims representative of a national of the Business Investment. should be resolved and settled in favor United States, the information provided Form Number: 480. of the victim to the fullest extent shall also include such documentation Estimated Annual Responses: 1,350. possible and without subjecting victims as necessary to establish the Estimated Annual Hour Burden: 225. to unnecessary or protracted litigation; representative’s legal capacity to act on behalf of the national of the United Curtis Rich, (C) the United States Government should take all practicable steps to States. Management Analyst. facilitate the resolution and settlements Persons with questions about filing [FR Doc. 2020–01929 Filed 1–31–20; 8:45 am] of all covered claims, including notice of a covered claim may contact BILLING CODE 8026–03–P engaging directly with the victims or the Palestinian Claims line at 202–776– their representatives and the Palestinian 8430. Authority and the Palestine Liberation Richard C. Visek, Organization; and (D) the United States DEPARTMENT OF STATE Principal Deputy Legal Adviser, Office of the Government should strongly urge the Legal Adviser, Department of State. Palestinian Authority and the Palestine [FR Doc. 2020–02082 Filed 1–31–20; 8:45 am] [Public Notice: 11017] Liberation Organization to commit to BILLING CODE 4710–31–P good-faith negotiations to resolve and Foreign Affairs Policy Board Meeting settle all covered claims. Notice; Closed Meeting Section 903(b)(2)(A) provides that the DEPARTMENT OF STATE In accordance with the Federal Department of State shall publish a Advisory Committee Act, 5 U.S.C. App., notice in the Federal Register [Public Notice: 11011] the Department of State announces a identifying the method by which a national of the United States, or a Biodiversity Beyond National meeting of the Foreign Affairs Policy Jurisdiction Board to take place on March 2, 2020, representative of a national of the United States, who has a covered claim, at the Department of State, Washington, ACTION: Notice of public meeting. DC. may contact the Department of State to The Foreign Affairs Policy Board give notice of the covered claims. SUMMARY: The Department of State will reviews and assesses: (1) Global threats Section 903(b)(2)(B) further provides hold an information session regarding and opportunities; (2) trends that that the Secretary of State, or a designee upcoming United Nations negotiations implicate core national security of the Secretary, shall meet (and make concerning marine biodiversity in areas interests; (3) technology tools needed to every effort to continue to meet on a beyond national jurisdiction. advance the State Department’s mission; regular basis thereafter) with any DATES: The public meeting will be held and (4) priorities and strategic national of the United States, or a on February 25, 2020, 2:00–3:00 p.m. frameworks for U.S. foreign policy. representative of a national of the United States, who has a covered claim ADDRESSES: The meeting will be held at Pursuant to section 10(d) of the Federal the Harry S. Truman Main State Advisory Committee Act, 5 U.S.C. App and has informed the Department of State of the covered claim using the Building, Room 3940, 2201 C Street 10(d), and 5 U.S.C. 552b(c)(1), it has NW, Washington, DC 20520. been determined that this meeting will method established pursuant to FOR FURTHER INFORMATION CONTACT: If be closed to the public as the Board will subparagraph (A) to discuss the status of you would like to participate in this be reviewing and discussing matters the covered claim, including the status meeting, please send your name, properly classified in accordance with of any settlement discussions with the organization/affiliation, email address, Executive Order 13526. Palestinian Authority or the Palestine and phone number, as well as any For more information, contact Duncan Liberation Organization. requests for reasonable accommodation, Walker at (202) 647–2236. Consistent with section 903(b)(2)(A), the Department of State hereby provides to Elana Mendelson at Katz-MinkEH@ Duncan H. Walker, notice that nationals of the United state.gov or 202–647–1073. Designated Federal Officer, Department of States, or their representatives, may SUPPLEMENTARY INFORMATION: The State. submit notice of and information United Nations will convene the fourth, [FR Doc. 2020–01930 Filed 1–31–20; 8:45 am] concerning their covered claim to and possibly final, session of an BILLING CODE 4710–10–P [email protected] by May 3, Intergovernmental Conference (IGC) on
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the conservation and sustainable use of DEPARTMENT OF STATE DEPARTMENT OF STATE marine biological diversity of areas [Public Notice: 11016] beyond national jurisdiction (BBNJ) on [Public Notice:11021] March 23–April 4, 2020, in New York Commission on Unalienable Rights; City. The UN General Assembly Notice of Determinations; Additional Notice of Open Meeting established the IGC to consider the Culturally Significant Object Imported recommendations of a two-year for Exhibition—Determinations: The Commission on Unalienable Rights (‘‘Commission’’) will meet from Preparatory Committee and to elaborate ‘‘Lucian Freud: The Self Portraits’’ 2:00 p.m. until 5:35 p.m., on Friday, the text of an international legally Exhibition binding instrument under the United February 21 and from 1:00 p.m. until 5:05 p.m. on Thursday, March 26. Both Nations Convention on the Law of Sea SUMMARY: On January 21, 2020, notice meetings will be in Washington, DC at on BBNJ. The IGC met for its third was published on page 3468 of the session August 19–30, 2019. Additional the State Department, 320 21st St. NW. Federal Register (volume 85, number Doors for the February 21 meeting will information on the BBNJ process is 13) of determinations pertaining to available at www.un.org/bbnj. open at 1:00 p.m. and doors for the certain objects to be included in an March 26 meeting will open at 12:00 We would like to invite interested exhibition entitled ‘‘Lucian Freud: The p.m. There will not be late seating stakeholders to a public meeting to Self Portraits.’’ Notice is hereby given of available for the March 26 meeting. share views about the BBNJ IGC, in the following determinations: I hereby Participants are asked to use the 21st particular to provide information to determine that a certain additional Street entrance to gain access to each assist the U.S. Government in object to be included in the exhibition meeting. The March meeting will be developing its positions. Stakeholders ‘‘Lucian Freud: The Self Portraits,’’ directed by the Chair of the are invited to provide comments on the imported from abroad for temporary Commission, Ambassador Mary Ann IGC President’s Draft text, available at exhibition within the United States, is Glendon. The Commission serves the https://www.un.org/bbnj/content/fourth- U.S. government in a solely advisory substantive-session. We will provide a of cultural significance. The additional object is imported pursuant to a loan capacity, and provides advice brief overview of the discussions at and concerning principles related to human outcomes of the third session of the IGC agreement with the foreign owner or custodian. I also determine that the rights. The discussion at the February and listen to the viewpoints of U.S. 21 meeting will include topics related to stakeholders. The information obtained exhibition or display of the additional exhibit object at the Museum of Fine the role of human rights in American from this session will help the U.S. foreign policy. The discussion of the Arts, Boston, Massachusetts, from on or delegation prepare for participation in role of human rights in American about March 1, 2020, until on or about the upcoming IGC session. foreign policy will continue on March Reasonable Accommodation: This May 25, 2020, and at possible additional 26, together with a discussion of new meeting is physically accessible to exhibitions or venues yet to be challenges for human rights. people with disabilities. Requests for determined, is in the national interest. This meeting is open to the public, sign language interpretation or other I have ordered that Public Notice of though seating is limited. Entry to the reasonable accommodation should be these determinations be published in building is controlled. To obtain pre- directed to (see FOR FURTHER the Federal Register. clearance for entry, members of the INFORMATION public planning to attend must, no later ) at least five days prior to FOR FURTHER INFORMATION CONTACT: Chi than February 13 for the February 21 the meeting date. Requests received D. Tran, Paralegal Specialist, Office of after that date will be considered, but meeting, and March 18 for the March 26 the Legal Adviser, U.S. Department of might not be possible to fulfill. meeting, provide their full name, date of State (telephone: 202–632–6471; email: Personal data for entry into the Harry birth, drivers’ license or passport [email protected]). The mailing number, and email address to the RSVP S. Truman building is requested address is U.S. Department of State, L/ pursuant to Public Law 99–399 email address at RSVPCommission@ PD, SA–5, Suite 5H03, Washington, DC state.gov. Requests for reasonable (Omnibus Diplomatic Security and 20522–0505. Antiterrorism Act of 1986), as amended; accommodation should be made at the Public Law 107–56 (USA PATRIOT SUPPLEMENTARY INFORMATION: The same time as the notification. Late Act); and Executive Order 13356. The foregoing determinations were made requests will be considered, but might purpose of the collection is to validate pursuant to the authority vested in me not be possible to fulfill. This information is being collected the identity of individuals who enter by the Act of October 19, 1965 (79 Stat. pursuant to 22 U.S.C. 2651a and 22 Department facilities. The data will be 985; 22 U.S.C. 2459), Executive Order U.S.C. 4802 for the purpose of screening entered into the Visitor Access Control 12047 of March 27, 1978, the Foreign and pre-clearing participants to enter System (VACS–D) database. For further Affairs Reform and Restructuring Act of the host venue at the U.S. Department information, please see the Security 1998 (112 Stat. 2681, et seq.; 22 U.S.C. of State, in line with standard security Records System of Records Notice 6501 note, et seq.), Delegation of procedures for events of this size. The (State-36) (PDF file) at https:// Authority No. 234 of October 1, 1999, Department of State will use this www.state.gov/wp-content/uploads/ and Delegation of Authority No. 236–3 information consistent with the routine 2019/05/Security-Records-STATE- of August 28, 2000. uses set forth in the System of Records 36.pdf. Notices for Protocol Records (State-33) Matthew R. Lussenhop, Michael J. Layne, and Security Records (State-36). See Principal Deputy Assistant Secretary, Bureau Acting Director, Office of Ocean and Polar https://www.state.gov/system-of- of Educational and Cultural Affairs, Affairs, Bureau of Oceans and International records-notices-privacy-office/. Environmental and Scientific Affairs, Department of State. Provision of this information is Department of State. [FR Doc. 2020–02125 Filed 1–31–20; 8:45 am] voluntary, but failure to provide [FR Doc. 2020–01931 Filed 1–31–20; 8:45 am] BILLING CODE 4710–05–P accurate information may impede your BILLING CODE 4710–09–P ability to register for the event. Email
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addresses are collected for purposes of DATES: Written comments should be benefit, specifically, to obtain a FAA notification should the meeting be submitted by March 4, 2020. designation as a representative of the postponed or cancelled due to weather ADDRESSES: Interested persons are FAA Administrator. Designee applicants or other exigencies. invited to submit written comments on come from private industry. They are For additional information, contact the proposed information collection to experts in the aviation and medical Duncan Walker, Policy Planning Staff, the Office of Information and Regulatory communities who are familiar with the at (202) 647–2236, or walkerdh3@ Affairs, Office of Management and regulations and certification state.gov. Budget. Comments should be addressed requirements necessary to issue an FAA certificate. Only highly experienced Duncan H. Walker, to the attention of the Desk Officer, Department of Transportation/FAA, and aviation professionals are expected to Designated Federal Officer, U.S. Department _ respond to the collection. The collection of State. sent via electronic mail to oira [email protected], or faxed to is for reporting of an individual’s [FR Doc. 2020–01932 Filed 1–31–20; 8:45 am] (202) 395–6974, or mailed to the Office eligibility and qualifications and occurs BILLING CODE 4710–10–P of Information and Regulatory Affairs, on an as needed basis for initial Office of Management and Budget, applicants. However, if an individual is Docket Library, Room 10102, 725 17th not selected as a designee, their DEPARTMENT OF TRANSPORTATION Street NW, Washington, DC 20503. application must be updated whenever Public Comments Invited: You are information changes (as needed) and at Federal Aviation Administration asked to comment on any aspect of this least every 12 calendar months information collection, including (a) (annually). [Docket No. 2019–0898] Whether the proposed collection of The information is collected using the information is necessary for FAA’s Designee Management System (DMS) or Agency Information Collection performance; (b) the accuracy of the using a paper application form, Activities: Requests for Comments; estimated burden; (c) ways for FAA to depending on the type of designation Clearance of a Renewed Approval of enhance the quality, utility and clarity being applied for. Information Collection: of the information collection; and (d) Respondents: Persons applying to Representatives of the Administrator, ways that the burden could be become a Designated Representative of 14 CFR Part 183 minimized without reducing the quality the FAA Administrator. (2143). AGENCY: Federal Aviation of the collected information. The agency Frequency: As needed/annually. Administration (FAA), DOT. will summarize and/or include your Estimated Average Burden per Response: 1.5 hours. ACTION: Correction: Notice and request comments in the request for OMB’s Estimated Total Annual Burden: for comments. clearance of this information collection. FOR FURTHER INFORMATION CONTACT: 5,949 hours. SUMMARY: In accordance with the Tanya Glines by email at: Tanya.glines@ Issued in Washington, DC, on January 28, Paperwork Reduction Act of 1995, FAA faa.gov. phone: 801–257–5085. 2020. invites public comments about our SUPPLEMENTARY INFORMATION: Tanya A. Glines, intention to request the Office of OMB Control Number: 2120–0033. Aviation Safety Inspector, Safety Standards, Management and Budget (OMB) Title: Representatives of the General Aviation Maintenance Branch (AFS– approval to renew an information Administrator, 14 CFR part 183. 350). collection. The Federal Register Notice Form Numbers: FAA Forms 8110–14, [FR Doc. 2020–01926 Filed 1–31–20; 8:45 am] with a 60-day comment period soliciting 8110–28, 8710–6, 8710–10. BILLING CODE 4910–13–P comments on the following collection of Type of Review: Renewal of an information was published on information collection November 7, 2019. The collection Background: The Federal Register DEPARTMENT OF TRANSPORTATION involves the voluntary submission of Notice with a 60-day comment period application information for persons soliciting comments on the following Maritime Administration applying to become designated collection of information was published representatives of the FAA on November 7, 2019 (84 FR 60136). [Docket No. MARAD–2020–0013] Administrator under 14 CFR part 183. Title 49, United States Code, Section Requested Administrative Waiver of The information to be collected will be 44702 states that the Secretary of the Coastwise Trade Laws: Vessel used by the FAA to screen and select Transportation may, subject to such BELLA LINA (Motor Vessel); Invitation designees who will act as regulations as he may prescribe, for Public Comments representatives of the FAA delegate to any properly qualified Administrator in performing various private person, the examination and AGENCY: Maritime Administration, DOT. certification and examination functions testing necessary for the issuance of ACTION: Notice. under Title VI of the Federal Aviation certificates under Title VI of the Federal Act. This notice corrects information in Aviation Act. Title 14, Code of Federal SUMMARY: The Secretary of the 60-day notice stating the collection Regulations, part 183 (14 CFR part 183), Transportation, as represented by the applies only to DER applicants using Representatives of the Administrator, Maritime Administration (MARAD), is FAA Form 8110–4. The collection implements the provisions of section authorized to grant waivers of the U.S.- applies to all applicants for designation 314 of the Federal Aviation Act. 14 CFR build requirements of the coastwise under 14 CFR part 183 and includes part 183 (part 183) describes the trade laws to allow the carriage of no four (4) forms in total. Additionally, the requirements for delegating to any more than twelve passengers for hire on FAA is introducing the Designee properly qualified private person, the vessels, which are three years old or Management System (DMS), a web- examination and testing necessary for more. A request for such a waiver has based application to provide for the issuance of airmen certificates. been received by MARAD. The vessel, electronic information submission by Response to this collection of and a brief description of the proposed applicants. information is required to obtain a service, is listed below.
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DATES: Submit comments on or before have an unduly adverse effect on a U.S.- notice, DOT/ALL–14 FDMS, accessible March 4, 2020. vessel builder or a business that uses through www.dot.gov/privacy. To ADDRESSES: You may submit comments U.S.-flag vessels in that business, a facilitate comment tracking and identified by DOT Docket Number waiver will not be granted. Comments response, we encourage commenters to MARAD–2020–0013 by any one of the should refer to the vessel name, state the provide their name, or the name of their following methods: commenter’s interest in the waiver organization; however, submission of • Federal eRulemaking Portal: Go to application, and address the waiver names is completely optional. Whether http://www.regulations.gov. Search criteria given in section 388.4 of or not commenters identify themselves, MARAD–2020–0013 and follow the MARAD’s regulations at 46 CFR part all timely comments will be fully instructions for submitting comments. 388. considered. If you wish to provide • Mail or Hand Delivery: Docket Public Participation comments containing proprietary or Management Facility is in the West confidential information, please contact Building, Ground Floor of the U.S. How do I submit comments? the agency for alternate submission Department of Transportation. The Please submit your comments, instructions. Docket Management Facility location including the attachments, following the Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, address is: U.S. Department of instructions provided under the above 46 U.S.C. 12121. Transportation, MARAD–2020–0013, heading entitled ADDRESSES. Be advised * * * * * that it may take a few hours or even 1200 New Jersey Avenue SE, West Dated: January 28, 2020. Building, Room W12–140, Washington, days for your comment to be reflected By Order of the Maritime Administrator. DC 20590, between 9 a.m. and 5 p.m., on the docket. In addition, your Monday through Friday, except on comments must be written in English. T. Mitchell Hudson, Jr., Federal holidays. We encourage you to provide concise Secretary, Maritime Administration. Note: If you mail or hand-deliver your comments and you may attach [FR Doc. 2020–01892 Filed 1–31–20; 8:45 am] comments, we recommend that you additional documents as necessary. BILLING CODE 4910–81–P include your name and a mailing There is no limit on the length of the address, an email address, or a attachments. DEPARTMENT OF TRANSPORTATION telephone number in the body of your Where do I go to read public comments, document so that we can contact you if and find supporting information? Maritime Administration we have questions regarding your submission. Go to the docket online at http:// [Docket No. MARAD–2020–0016] Instructions: All submissions received www.regulations.gov, keyword search must include the agency name and MARAD–2020–0013 or visit the Docket Requested Administrative Waiver of specific docket number. All comments Management Facility (see ADDRESSES for the Coastwise Trade Laws: Vessel received will be posted without change hours of operation). We recommend that ELIZABETH (Motor Vessel); Invitation to the docket at www.regulations.gov, you periodically check the Docket for for Public Comments new submissions and supporting including any personal information AGENCY: material. Maritime Administration, DOT. provided. For detailed instructions on ACTION: Notice. submitting comments, see the section Will my comments be made available to entitled Public Participation. the public? SUMMARY: The Secretary of Transportation, as represented by the FOR FURTHER INFORMATION CONTACT: Yes. Be aware that your entire Maritime Administration (MARAD), is Bianca Carr, U.S. Department of comment, including your personal authorized to grant waivers of the U.S.- Transportation, Maritime identifying information, will be made build requirements of the coastwise Administration, 1200 New Jersey publicly available. Avenue SE, Room W23–453, trade laws to allow the carriage of no Washington, DC 20590. Telephone 202– May I submit comments confidentially? more than twelve passengers for hire on 366–9309, Email [email protected]. If you wish to submit comments vessels, which are three years old or more. A request for such a waiver has SUPPLEMENTARY INFORMATION: As under a claim of confidentiality, you been received by MARAD. The vessel, described by the applicant the intended should submit three copies of your and a brief description of the proposed service of the vessel BELLA LINA is: complete submission, including the service, is listed below. —Intended Commercial Use of Vessel: information you claim to be confidential business information, to the Department DATES: Submit comments on or before ‘‘Charters six pack’’ March 4, 2020. —Geographic Region Including Base of of Transportation, Maritime ADDRESSES: Operations: ‘‘Florida’’ (Base of Administration, Office of Legislation You may submit comments Operations: Miami, FL) and Regulations, MAR–225, W24–220, identified by DOT Docket Number —Vessel Length and Type: 50′ motor 1200 New Jersey Avenue SE, MARAD–2020–0016 by any one of the vessel Washington, DC 20590. Include a cover following methods: letter setting forth with specificity the • Federal eRulemaking Portal: Go to The complete application is available basis for any such claim and, if possible, http://www.regulations.gov. Search for review identified in the DOT docket a summary of your submission that can MARAD–2020–0016 and follow the as MARAD–2020–0013 at http:// be made available to the public. instructions for submitting comments. www.regulations.gov. Interested parties • Mail or Hand Delivery: Docket may comment on the effect this action Privacy Act Management Facility is in the West may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), Building, Ground Floor of the U.S. businesses in the U.S. that use U.S.-flag DOT solicits comments from the public Department of Transportation. The vessels. If MARAD determines, in to better inform its rulemaking process. Docket Management Facility location accordance with 46 U.S.C. 12121 and DOT posts these comments, without address is: U.S. Department of MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as Transportation, MARAD–2020–0016, 388, that the issuance of the waiver will described in the system of records 1200 New Jersey Avenue SE, West
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Building, Room W12–140, Washington, that it may take a few hours or even Dated: January 28, 2020. DC 20590, between 9 a.m. and 5 p.m., days for your comment to be reflected By Order of the Maritime Administrator. Monday through Friday, except on on the docket. In addition, your T. Mitchell Hudson, Jr., Federal holidays. comments must be written in English. Secretary, Maritime Administration. Note: If you mail or hand-deliver your We encourage you to provide concise [FR Doc. 2020–01893 Filed 1–31–20; 8:45 am] comments, we recommend that you comments and you may attach BILLING CODE 4910–81–P include your name and a mailing additional documents as necessary. address, an email address, or a There is no limit on the length of the telephone number in the body of your attachments. DEPARTMENT OF TRANSPORTATION document so that we can contact you if Where do I go to read public comments, we have questions regarding your and find supporting information? Maritime Administration submission. [Docket No. MARAD–2020–0014] Instructions: All submissions received Go to the docket online at http:// www.regulations.gov., keyword search must include the agency name and Requested Administrative Waiver of MARAD–2020–0016 or visit the Docket specific docket number. All comments the Coastwise Trade Laws: Vessel received will be posted without change Management Facility (see ADDRESSES for hours of operation). We recommend that KAILA LANI (Motor Vessel); Invitation to the docket at www.regulations.gov, for Public Comments including any personal information you periodically check the Docket for provided. For detailed instructions on new submissions and supporting AGENCY: Maritime Administration, DOT. material. submitting comments, see the section ACTION: Notice. entitled Public Participation. Will my comments be made available to FOR FURTHER INFORMATION CONTACT: the public? SUMMARY: The Secretary of Bianca Carr, U.S. Department of Transportation, as represented by the Yes. Be aware that your entire Maritime Administration (MARAD), is Transportation, Maritime comment, including your personal Administration, 1200 New Jersey authorized to grant waivers of the U.S.- identifying information, will be made build requirements of the coastwise Avenue SE, Room W23–453, publicly available. Washington, DC 20590. Telephone 202– trade laws to allow the carriage of no 366–9309, Email [email protected]. May I submit comments confidentially? more than twelve passengers for hire on vessels, which are three years old or SUPPLEMENTARY INFORMATION: As If you wish to submit comments more. A request for such a waiver has described by the applicant the intended under a claim of confidentiality, you been received by MARAD. The vessel, service of the vessel ELIZABETH is: should submit three copies of your complete submission, including the and a brief description of the proposed —Intended Commercial Use of Vessel: service, is listed below. ‘‘UPV tours and sightseeing’’ information you claim to be confidential DATES: Submit comments on or before —Geographic Region Including Base of business information, to the Department March 4, 2020. Operations: ‘‘New Jersey and New of Transportation, Maritime York’’ (Base of Operations: Bayonne, Administration, Office of Legislation ADDRESSES: You may submit comments NJ and Regulations, MAR–225, W24–220, identified by DOT Docket Number —Vessel Length and Type: 32′ motor 1200 New Jersey Avenue SE, MARAD–2020–0014 by any one of the vessel Washington, DC 20590. Include a cover following methods: letter setting forth with specificity the • Federal eRulemaking Portal: Go to The complete application is available basis for any such claim and, if possible, http://www.regulations.gov. Search for review identified in the DOT docket a summary of your submission that can MARAD–2020–0014 and follow the as MARAD–2020–0016 at http:// be made available to the public. instructions for submitting comments. www.regulations.gov. Interested parties • Privacy Act Mail or Hand Delivery: Docket may comment on the effect this action Management Facility is in the West may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), Building, Ground Floor of the U.S. businesses in the U.S. that use U.S.-flag DOT solicits comments from the public Department of Transportation. The vessels. If MARAD determines, in to better inform its rulemaking process. Docket Management Facility location accordance with 46 U.S.C. 12121 and DOT posts these comments, without address is: U.S. Department of MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as Transportation, MARAD–2020–0014, 388, that the issuance of the waiver will described in the system of records 1200 New Jersey Avenue SE, West have an unduly adverse effect on a U.S.- notice, DOT/ALL–14 FDMS, accessible Building, Room W12–140, Washington, vessel builder or a business that uses through www.dot.gov/privacy. To DC 20590, between 9 a.m. and 5 p.m., U.S.-flag vessels in that business, a facilitate comment tracking and Monday through Friday, except on waiver will not be granted. Comments response, we encourage commenters to Federal holidays. should refer to the vessel name, state the provide their name, or the name of their Note: If you mail or hand-deliver your commenter’s interest in the waiver organization; however, submission of comments, we recommend that you application, and address the waiver names is completely optional. Whether include your name and a mailing criteria given in section 388.4 of or not commenters identify themselves, address, an email address, or a MARAD’s regulations at 46 CFR part all timely comments will be fully telephone number in the body of your 388. considered. If you wish to provide document so that we can contact you if comments containing proprietary or Public Participation we have questions regarding your confidential information, please contact submission. How do I submit comments? the agency for alternate submission Instructions: All submissions received Please submit your comments, instructions. must include the agency name and including the attachments, following the Authority: 49 CFR 1.93(a), 46 U.S.C. specific docket number. All comments instructions provided under the above 55103, 46 U.S.C. 12121. received will be posted without change heading entitled ADDRESSES. Be advised * * * * * to the docket at www.regulations.gov,
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including any personal information MARAD–2020–0014 or visit the Docket DEPARTMENT OF TRANSPORTATION provided. For detailed instructions on Management Facility (see ADDRESSES for submitting comments, see the section hours of operation). We recommend that Maritime Administration entitled Public Participation. you periodically check the Docket for [Docket No. MARAD–2020–0015] FOR FURTHER INFORMATION CONTACT: new submissions and supporting Bianca Carr, U.S. Department of material. Requested Administrative Waiver of Transportation, Maritime the Coastwise Trade Laws: Vessel Administration, 1200 New Jersey Will my comments be made available to MAYA (Sailboat); Invitation for Public Avenue SE, Room W23–453, the public? Comments Washington, DC 20590. Telephone 202– Yes. Be aware that your entire AGENCY: 366–9309, Email [email protected]. Maritime Administration, DOT. comment, including your personal ACTION: Notice. SUPPLEMENTARY INFORMATION: As identifying information, will be made described by the applicant the intended publicly available. SUMMARY: The Secretary of service of the vessel KAILA LANI is: Transportation, as represented by the —Intended Commercial Use of Vessel: May I submit comments confidentially? Maritime Administration (MARAD), is ‘‘Private vessel charter, passenger If you wish to submit comments authorized to grant waivers of the U.S.- only’’ under a claim of confidentiality, you build requirements of the coastwise —Geographic Region Including Base of should submit three copies of your trade laws to allow the carriage of no Operations: ‘‘Hawaii, California, complete submission, including the more than twelve passengers for hire on Oregon, Washington, and Alaska vessels, which are three years old or information you claim to be confidential (excluding waters in Southeastern more. A request for such a waiver has business information, to the Department Alaska).’’ (Base of Operations: San been received by MARAD. The vessel, Diego, CA) of Transportation, Maritime and a brief description of the proposed —Vessel Length and Type: 33′ motor Administration, Office of Legislation service, is listed below. and Regulations, MAR–225, W24–220, vessel DATES: Submit comments on or before 1200 New Jersey Avenue SE, March 4, 2020. The complete application is available Washington, DC 20590. Include a cover for review identified in the DOT docket letter setting forth with specificity the ADDRESSES: You may submit comments as MARAD–2020–0014 at http:// basis for any such claim and, if possible, identified by DOT Docket Number www.regulations.gov. Interested parties MARAD–2020–0015 by any one of the a summary of your submission that can may comment on the effect this action following methods: be made available to the public. may have on U.S. vessel builders or • Federal eRulemaking Portal: Go to businesses in the U.S. that use U.S.-flag Privacy Act http://www.regulations.gov. Search vessels. If MARAD determines, in MARAD–2020–0015 and follow the accordance with 46 U.S.C. 12121 and In accordance with 5 U.S.C. 553(c), instructions for submitting comments. MARAD’s regulations at 46 CFR part DOT solicits comments from the public • Mail or Hand Delivery: Docket 388, that the issuance of the waiver will to better inform its rulemaking process. Management Facility is in the West have an unduly adverse effect on a U.S.- DOT posts these comments, without Building, Ground Floor of the U.S. vessel builder or a business that uses edit, to www.regulations.gov, as Department of Transportation. The U.S.-flag vessels in that business, a described in the system of records Docket Management Facility location waiver will not be granted. Comments notice, DOT/ALL–14 FDMS, accessible address is: U.S. Department of should refer to the vessel name, state the through www.dot.gov/privacy. To Transportation, MARAD–2020–0015, commenter’s interest in the waiver facilitate comment tracking and 1200 New Jersey Avenue SE, West application, and address the waiver response, we encourage commenters to Building, Room W12–140, Washington, criteria given in section 388.4 of provide their name, or the name of their DC 20590, between 9 a.m. and 5 p.m., MARAD’s regulations at 46 CFR part organization; however, submission of Monday through Friday, except on 388. names is completely optional. Whether Federal holidays. Public Participation or not commenters identify themselves, Note: If you mail or hand-deliver your all timely comments will be fully comments, we recommend that you How do I submit comments? considered. If you wish to provide include your name and a mailing address, an email address, or a Please submit your comments, comments containing proprietary or telephone number in the body of your including the attachments, following the confidential information, please contact instructions provided under the above document so that we can contact you if the agency for alternate submission we have questions regarding your heading entitled ADDRESSES. Be advised instructions. that it may take a few hours or even submission. days for your comment to be reflected Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Instructions: All submissions received on the docket. In addition, your 46 U.S.C. 12121 must include the agency name and comments must be written in English. Dated: January 28, 2020. specific docket number. All comments received will be posted without change We encourage you to provide concise By Order of the Maritime Administrator. to the docket at www.regulations.gov, comments and you may attach T. Mitchell Hudson, Jr., additional documents as necessary. including any personal information There is no limit on the length of the Secretary, Maritime Administration. provided. For detailed instructions on attachments. [FR Doc. 2020–01894 Filed 1–31–20; 8:45 am] submitting comments, see the section BILLING CODE 4910–81–P entitled Public Participation. Where do I go to read public comments, FOR FURTHER INFORMATION CONTACT: and find supporting information? Bianca Carr, U.S. Department of Go to the docket online at http:// Transportation, Maritime www.regulations.gov., keyword search Administration, 1200 New Jersey
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Avenue SE, Room W23–453, Management Facility (see ADDRESSES for By Order of the Maritime Administrator. Washington, DC 20590. Telephone 202– hours of operation). We recommend that T. Mitchell Hudson, Jr., 366–9309, Email [email protected]. you periodically check the Docket for Secretary, Maritime Administration. SUPPLEMENTARY INFORMATION: As new submissions and supporting [FR Doc. 2020–01896 Filed 1–31–20; 8:45 am] described by the applicant the intended material. BILLING CODE 4910–81–P service of the vessel MAYA is: Will my comments be made available to —Intended Commercial Use of Vessel: the public? ‘‘Coastwise Passenger Trips, 6 DEPARTMENT OF THE TREASURY passengers or less, plus 2 crew.’’ Yes. Be aware that your entire —Geographic Region Including Base of comment, including your personal Office of Foreign Assets Control Operations: ‘‘California, Oregon, identifying information, will be made Washington’’ (Base of Operations: Notice of OFAC Sanctions Actions Morro Bay, CA) publicly available. —Vessel Length and Type: 43′ sailboat May I submit comments confidentially? AGENCY: Office of Foreign Assets The complete application is available Control, Treasury. for review identified in the DOT docket If you wish to submit comments ACTION: Notice. as MARAD–2020–0015 at http:// under a claim of confidentiality, you www.regulations.gov. Interested parties should submit three copies of your SUMMARY: The Department of the may comment on the effect this action complete submission, including the Treasury’s Office of Foreign Assets may have on U.S. vessel builders or information you claim to be confidential Control (OFAC) is publishing the names businesses in the U.S. that use U.S.-flag business information, to the Department of one or more persons that have been vessels. If MARAD determines, in of Transportation, Maritime placed on OFAC’s Specially Designated accordance with 46 U.S.C. 12121 and Administration, Office of Legislation Nationals and Blocked Persons List based on OFAC’s determination that one MARAD’s regulations at 46 CFR part and Regulations, MAR–225, W24–220, or more applicable legal criteria were 388, that the issuance of the waiver will 1200 New Jersey Avenue SE, satisfied. All property and interests in have an unduly adverse effect on a U.S.- Washington, DC 20590. Include a cover vessel builder or a business that uses property subject to U.S. jurisdiction of letter setting forth with specificity the these persons are blocked, and U.S. U.S.-flag vessels in that business, a basis for any such claim and, if possible, waiver will not be granted. Comments persons are generally prohibited from a summary of your submission that can engaging in transactions with them. should refer to the vessel name, state the be made available to the public. commenter’s interest in the waiver DATES: See SUPPLEMENTARY INFORMATION application, and address the waiver Privacy Act section for applicable dates. criteria given in section 388.4 of FOR FURTHER INFORMATION CONTACT: MARAD’s regulations at 46 CFR part In accordance with 5 U.S.C. 553(c), OFAC: Associate Director for Global 388. DOT solicits comments from the public Targeting, tel.: 202–622–2420; Assistant to better inform its rulemaking process. Public Participation Director for Sanctions Compliance & DOT posts these comments, without Evaluation, tel.: 202–622–2490; How do I submit comments? edit, to www.regulations.gov, as Assistant Director for Licensing, tel.: Please submit your comments, described in the system of records 202–622–2480; or Assistant Director for including the attachments, following the notice, DOT/ALL–14 FDMS, accessible Regulatory Affairs, tel.: 202–622–4855. instructions provided under the above through www.dot.gov/privacy. To SUPPLEMENTARY INFORMATION: heading entitled ADDRESSES. Be advised facilitate comment tracking and Electronic Availability that it may take a few hours or even response, we encourage commenters to days for your comment to be reflected provide their name, or the name of their The Specially Designated Nationals on the docket. In addition, your organization; however, submission of and Blocked Persons List and additional comments must be written in English. names is completely optional. Whether information concerning OFAC sanctions We encourage you to provide concise or not commenters identify themselves, programs are available on OFAC’s comments and you may attach all timely comments will be fully website (https://www.treasury.gov/ofac). considered. If you wish to provide additional documents as necessary. Notice of OFAC Action(s) There is no limit on the length of the comments containing proprietary or attachments. confidential information, please contact On January 29, 2020, OFAC determined that the property and Where do I go to read public comments, the agency for alternate submission instructions. interests in property subject to U.S. and find supporting information? jurisdiction of the following persons are Go to the docket online at http:// Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, blocked under the relevant sanctions www.regulations.gov., keyword search 46 U.S.C. 12121. authorities listed below. MARAD–2020–0015 or visit the Docket Dated: January 28, 2020. BILLING CODE 4810–AL–P
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Individuals:·
1. GANOV, Alexander Nikolaevich (Cyrillic: r AHOB, A.rreKcaH,n;p HMKOJiaeaHq) (a.k.a. GANOV, Aleksandr Nikolaevich), Russia; DOB 24 Oct 1974; POB Voronezh, Russia; Gender Male (individual) [UKRAINE-EO13685] (Linked To: GRAND SERVICE EXPRESS).
Designated pursuant to section 2(a)(ii) of Executive Order 13685 of December 19, 2014 (E.O. 13685), for being a leader of GRAND SERVICE EXPRESS, an entity operating in the Crimea region of Ukraine; also designated pursuant to section 2(a)(iii) ofE.O. 13685 for having acted or purported to act, for or on behalf of, directly or indirectly, GRAND SERVICE EXPRESS, a person whose property and interests in property are blocked pursuant to E.O. 13865.
2. ALTABAEVA, Ekaterina Borisovna (Cyrillic: AJIT.AliAEBA, EKarepHHa EopHCOBHa) (a.k.a. ALTABAEVA, Kateryna Borysivna (Cyrillic: AJIT.AliA€BA, KarepHHa EopHciaHa)), Sevastopol, Ukraine; DOB 27 May 1956; POB Uglich, Russia; Gender Female (individual) [UKRAINE-EO13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
3. BASOVA, Lidia Aleksandrovna (Cyrillic: EACOBA, JIM,n;IDI A.rreKcaH,n;pOBHa) (a.k.a. BASOVA, Lidiya Oleksandrivna (Cyrillic: EACOBA, Jli,n;i51 OJieKcaH,n;piaHa)), Sevastopol, Ukraine; DOB 1972; Gender Female (individual) [UKRAINE-EO13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
4. DANILENKO, Sergei Andreevich (Cyrillic: MJIBJIEHKO, Cepreii AH,n;peeaHq), Sevastopol, Ukraine; DOB 14 Mar 1960; POB Krasnodar, Russia; Gender Male (individual) [UKRAINE-BO 13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
5. GOTSANYUK, Yuri Mikhailovich (Cyrillic: rOQAHIOK, IOpHii MMXaiiJIOBHq) (a.k.a. GOTSANIUK, Jurij Mikhailovich; a.k.a. GOTSANYUK, Jury Mikhailovich; a.k.a. HOTSANIUK, Iurii Mykhailovych (Cyrillic: rOQAHIOK, IOpiii MMXaiiJIOBJfq)), Simferopol, Ukraine; DOB 18 Jul 1966; POB Nove Selo, Ukraine; Gender Male (individual) [UKRAINE-BO 13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
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6. NEMTSEV, Vladimir Vladimirovich (Cyrillic: HEMQEB, Bna,I1;11M11p Bna,ri:11M11poa11q) (a.k.a. NEMTSEV, Volodymyr Volodymyrovych (Cyrillic: H€MQEB, Bono,ri:11M11p Bono,ri:11M11poa11q)), Sevastopol, Ukraine; DOB 15 Nov 1971; POB Sevastopol, Ukraine; Gender Male (individual) [UKRAINE-EO13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
7. PYRKOVA, Ekaterina Eduardovna (Cyrillic: IThIPKOBA, EKaTepHHa 3;:i:yap;:i:oatta) (a.k.a. PYRKOVA, Kateryna Eduardivna (Cyrillic: IIHPKOBA, KaTep11tta E;:i:yap;:i:iatta)), Sevastopol, Ukraine; DOB 22 Aug 1967; Gender Female (individual) [UKRAINE EO13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
8. RAZVOZHAEV, Mikhail Vladimirovich (Cyrillic: PA3BO}1{AEB, MHXa11n Bna,ri:11M11poa11q) (a.k.a. RAZVOZHAEV, Mykhailo Volodymyrovich (Cyrillic: PA3BO}1{A€B, M11xa11no Bono,ri:11M11poa11q)), Sevastopol, Ukraine; DOB 30 Dec 1980; POB Krasnoyarsk, Russia; Gender Male (individual) [UKRAINE-EO13660].
Designated pursuant to section l(a)(ii) of Executive Order 13660 of March 6, 2014, for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.
Entity:
1. GRAND SERVICE EXPRESS (Cyrillic: rPAH,Zl; CEPBIIC 3KCTIPECC) (a.k.a. AO GRAND SERVIS EKSPRESS; a.k.a. JOINT STOCK COMPANY GRAND SERVICE EXPRESS; a.k.a. JOINT STOCK COMPANY TRANSPORT COMPANY GRAND SERVICE EXPRESS (Cyrillic: AKI(HOHEPHOE 0:6II(ECTBO TPAHCTIOPTHAJI KOMTIAHIDI rPAH,Zl; CEPBIIC 3KCTIPECC); a.k.a. "JSC GSE"; a.k.a. "GRAND EXPRESS" (Cyrillic: "rPAH,1]. 3KCTIPECC")), 85 Sheremetevskaya St., Building 1, Moscow 129075, Russia; ul. Sheremetevskaya, d. 85, str. 1, Moscow 129075, Russia; P.O. Box 15, Moscow 129075, Russia; a/ya 15, Moscow 129075, Russia; Tax ID No. 7705445700 (Russia) [UKRAINE-EO 13685].
Designated pursuant to section 2(a)(i) of Executive Order 13685 of December 19, 2014, for operating in the Crimea region of Ukraine.
Dated: January 29, 2020. U.S.-CHINA ECONOMIC AND SUMMARY: Notice is hereby given of the Andrea Gacki, SECURITY REVIEW COMMISSION following hearing of the U.S.-China Director, Office of Foreign Assets Control. Economic and Security Review [FR Doc. 2020–02009 Filed 1–31–20; 8:45 am] Notice of Open Public Hearing Commission. The Commission is mandated by BILLING CODE 4810–AL–C AGENCY: U.S.-China Economic and Congress to investigate, assess, and Security Review Commission. report to Congress annually on ‘‘the national security implications of the ACTION: Notice of open public hearing. economic relationship between the United States and the People’s Republic
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of China.’’ Pursuant to this mandate, the a written statement by February 20, refer to ‘‘OMB Control No. 2900–0047’’ Commission will hold a public hearing 2020 by mailing to the contact above. A in any correspondence. in Washington, DC on February 20, 2020 portion of each panel will include a SUPPLEMENTARY INFORMATION: Under the on ‘‘China’s Military Power Projection question and answer period between the PRA of 1995, Federal agencies must and U.S. National Interests.’’ Commissioners and the witnesses. obtain approval from the Office of DATES: The hearing is scheduled for Authority: Congress created the U.S.-China Management and Budget (OMB) for each Thursday, February 20, 2020 at 9:00 Economic and Security Review Commission collection of information they conduct a.m. in 2000 in the National Defense or sponsor. This request for comment is ADDRESSES: TBD, Washington, DC. A Authorization Act (Pub. L. 106–398), as being made pursuant to Section detailed agenda for the hearing will be amended by Division P of the Consolidated 3506(c)(2)(A) of the PRA. Appropriations Resolution, 2003 (Pub. L. With respect to the following posted on the Commission’s website at 108–7), as amended by Public Law 109–108 www.uscc.gov. Also, please check the (November 22, 2005), as amended by Public collection of information, VBA invites Commission’s website for possible Law 113–291 (December 19, 2014). comments on: (1) Whether the proposed changes to the hearing schedule. collection of information is necessary Dated: January 28, 2020. Reservations are not required to attend for the proper performance of VBA’s the hearing. Daniel W. Peck, functions, including whether the Executive Director, U.S.-China Economic and FOR FURTHER INFORMATION CONTACT: Any information will have practical utility; Security Review Commission. member of the public seeking further (2) the accuracy of VBA’s estimate of the information concerning the hearing [FR Doc. 2020–01982 Filed 1–31–20; 8:45 am] burden of the proposed collection of should contact Brittney Washington, BILLING CODE 1137–00–P information; (3) ways to enhance the 444 North Capitol Street NW, Suite 602, quality, utility, and clarity of the Washington DC 20001; telephone: 202– information to be collected; and (4) 624–1482, or via email at bwashington@ DEPARTMENT OF VETERANS ways to minimize the burden of the uscc.gov. Reservations are not required AFFAIRS collection of information on to attend the hearing. [OMB Control No. 2900–0047] respondents, including through the use ADA Accessibility: For questions of automated collection techniques or about the accessibility of the event or to Agency Information Collection the use of other forms of information request an accommodation, please Activity: Financial Statement technology. contact Brittney Washington at 202– Authority: Public Law 89–754, 624–1482, or via email at bwashington@ AGENCY: Veterans Benefits Section 1013; 8 U.S.C. 3702(b)(2), 38 uscc.gov. Requests for an Administration, Department of Veterans U.S.C. 3714. accommodation should be made as soon Affairs. Title: Financial Statement (VA form as possible, and at least five business ACTION: Notice. 26–6807). days prior to the event. OMB Control Number: 2900–0047. SUMMARY: The Veterans Benefits SUPPLEMENTARY INFORMATION: Type of Review: Extension of a Background: This is the second public Administration, Department of Veterans currently approved collection. hearing the Commission will hold Affairs (VA), is announcing an Abstract: VA Form 26–6807 is used to during its 2020 report cycle. This opportunity for public comment on the determine a borrower’s financial hearing will examine China’s ability to proposed collection of certain condition in connection with efforts to project military power and influence information by the agency. Under the reinstate a seriously defaulted, beyond its shores, with an emphasis on Paperwork Reduction Act (PRA) of guaranteed, insured, or portfolio loan. In the country’s development of 1995, Federal agencies are required to addition, the form is used in expeditionary capabilities. Officials publish notice in the Federal Register determining the financial feasibility of a from the Departments of State and concerning each proposed collection of veteran or service member to obtain a Defense will provide testimony on how information, including each proposed home with the assistance of a Specially the Administration views China’s power extension of a currently approved Adapted Housing Grant under 38 projection and how such capabilities collection, and allow 60 days for public U.S.C., Chapter 21. Also, VA Form 26– further China’s plans to reorder the comment in response to the notice. 6807 may be used to establish eligibility Indo-Pacific and other key regions to its DATES: Written comments and of homeowners for aid under the advantage. The first panel of experts recommendations on the proposed Homeowners Assistance Program, will explore why and how China is collection of information should be Public Law 89–754, which provides developing expeditionary capabilities, received on or before April 3, 2020. assistance by reducing losses incident to with a focus on the Belt and Road ADDRESSES: Submit written comments the disposal of homes when military Initiative (BRI) as a vehicle for testing on the collection of information through installations at which the homeowners and justifying these capabilities. The Federal Docket Management System were employed or serving are ordered second panel will focus on the ‘‘nuts (FDMS) at www.Regulations.gov or to closed in whole or in part. Finally, the and bolts’’ of China’s expeditionary Nancy J. Kessinger, Veterans Benefits form is used in release of liability and capabilities, including the PLA’s efforts Administration (20M33), Department of substitution of entitlement cases. Under to improve its logistics organization and Veterans Affairs, 810 Vermont Avenue the provisions of 38 U.S.C. 3714, the expand its access to overseas bases. The NW, Washington, DC 20420 or email to Department of Veterans Affairs (VA) third panel will examine how China’s [email protected]. Please refer to may release original veteran obligors activities in South and Southeast Asia, ‘‘OMB Control No. 2900–0047’’ in any from personal liability arising from the Africa, and Latin America and the correspondence. During the comment original guaranty of their home loans, or Caribbean further its development of period, comments may be viewed online the making of a direct loan, provided expeditionary capabilities. The hearing through FDMS. purchasers/assumers meet the necessary will be co-chaired by Commissioner FOR FURTHER INFORMATION CONTACT: requirements, among which is Jeffrey Fiedler and Commissioner Larry Danny S. Green, (202) 421–1354 or qualifying from a credit standpoint. Wortzel. Any interested party may file email [email protected]. Please Substitution of entitlement is authorized
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by 38 U.S.C. 3702(b)(2) and prospective Management and Budget (OMB) for each DEPARTMENT OF VETERANS veteran-assumers must also meet the collection of information they conduct AFFAIRS creditworthiness requirements. or sponsor. This request for comment is [OMB Control No. 2900–0165] Affected Public: Individuals or being made pursuant to Section Households. 3506(c)(2)(A) of the PRA. Agency Information Collection Estimated Annual Burden: 2,250 Activity: (Financial Status Report) hours. With respect to the following Estimated Average Burden per collection of information, DMC invites AGENCY: Debt Management Center, Respondent: 45 minutes. comments on: (1) Whether the proposed Department of Veterans Affairs. collection of information is necessary Frequency of Response: On occasion. ACTION: Notice. Estimated Number of Respondents: for the proper performance of DMC’s 3,000. functions, including whether the SUMMARY: The Debt Management Center By direction of the Secretary. information will have practical utility; (DMC), Department of Veterans Affairs Danny S. Green, (2) the accuracy of DMC’s estimate of (VA), is announcing an opportunity for public comment on the proposed VA Clearance Officer, Office of Quality, the burden of the proposed collection of Performance and Risk, Department of information; (3) ways to enhance the collection of certain information by the Veterans Affairs. quality, utility, and clarity of the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are [FR Doc. 2020–01940 Filed 1–31–20; 8:45 am] information to be collected; and (4) required to publish notice in the BILLING CODE 8320–01–P ways to minimize the burden of the collection of information on Federal Register concerning each respondents, including through the use proposed collection of information, DEPARTMENT OF VETERANS of automated collection techniques or including each proposed extension of a AFFAIRS the use of other forms of information currently approved collection, and allow 60 days for public comment in technology. [OMB Control No. 2900–0663] response to the notice. Authority: Public Law 104–13; 44 DATES: Written comments and Agency Information Collection U.S.C. 3501–3521. Activity: (Pay Now Enter Info Page) recommendations on the proposed Title: Pay Now Enter Info Page. collection of information should be AGENCY: Debt Management Center, OMB Control Number: 2900–0663. received on or before April 3, 2020. Department of Veterans Affairs. ADDRESSES: Submit written comments Type of Review: Reinstatement of a ACTION: Notice. on the collection of information through previously OMB approved collection. Federal Docket Management System SUMMARY: The Debt Management Center Abstract: Claimants who participated (FDMS) at www.Regulations.gov or send (DMC), Department of Veterans Affairs in VA’s benefit programs and owe debts to John W. Scott, Debt Management (VA), is announcing an opportunity for to VA can voluntary make online Center (189), Department of Veterans public comment on the proposed payments through VA’s Pay Now Enter Affairs, 810 Vermont Avenue NW, collection of certain information by the Info Page website. Data enter on the Pay Washington, DC 20420 or email to agency. Under the Paperwork Reduction Now Enter Info Page is redirected to the [email protected]. Please refer to Act (PRA) of 1995, Federal agencies are Department of Treasury’s Pay.gov ‘‘OMB Control No. 2900–0165’’ in any required to publish notice in the website allowing claimants to make correspondence. During the comment Federal Register concerning each payments with credit or debit cards, or period, comments may be viewed online proposed collection of information, through FDMS. including each proposed extension of a directly from their bank account. At the FOR FURTHER INFORMATION CONTACT: John currently approved collection, and conclusion of the transaction, the W. Scott at (612) 970–5740 or email allow 60 days for public comment in claimant will receive a confirmation [email protected]. response to the notice. acknowledging the success or failure of SUPPLEMENTARY INFORMATION: Under the DATES: Written comments and the transaction. PRA of 1995, Federal agencies must recommendations on the proposed Affected Public: Individuals and obtain approval from the Office of collection of information should be households. Management and Budget (OMB) for each received on or before April 3, 2020. Estimated Annual Burden: 31,261 collection of information they conduct ADDRESSES: Submit written comments hours. or sponsor. This request for comment is on the collection of information through Estimated Average Burden Per being made pursuant to Section Federal Docket Management System Respondent: 10 minutes. 3506(c)(2)(A) of the PRA. (FDMS) at www.Regulations.gov or to With respect to the following John Scott, Debt Management Center Frequency of Response: Daily. collection of information, DMC invites (189), Department of Veterans Affairs, Estimated Number of Respondents: comments on: (1) Whether the proposed 810 Vermont Avenue NW, Washington, 187,567. collection of information is necessary DC 20420 or email to John.Scott335@ By direction of the Secretary. for the proper performance of DMC’s va.gov. Please refer to ‘‘OMB Control functions, including whether the Danny S. Green, No. 2900–0663’’ in any correspondence. information will have practical utility; During the comment period, comments Department Clearance Officer, Office of (2) the accuracy of DMC’s estimate of may be viewed online through FDMS. Quality, Performance and Risk, Department the burden of the proposed collection of FOR FURTHER INFORMATION CONTACT: John of Veterans Affairs. information; (3) ways to enhance the W. Scott at (612) 970–5740 or email [FR Doc. 2020–01915 Filed 1–31–20; 8:45 am] quality, utility, and clarity of the [email protected]. BILLING CODE 8320–01–P information to be collected; and (4) SUPPLEMENTARY INFORMATION: Under the ways to minimize the burden of the PRA of 1995, Federal agencies must collection of information on obtain approval from the Office of respondents, including through the use
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of automated collection techniques or DEPARTMENT OF VETERANS Please refer to ‘‘OMB Control No. 2900– the use of other forms of information AFFAIRS 0652’’ in any correspondence. technology. [OMB Control No. 2900–0652] SUPPLEMENTARY INFORMATION: Authority: Public Law 104–13; 44 Authority: 44 U.S.C. 3501–21. U.S.C. 3501–3521. Agency Information Collection Activity Title: Request for Nursing Home Under OMB Review: Request for Information in Connection with Claim Title: Financial Status Report. Nursing Home Information in for Aid and Attendance (VA Form 21– OMB Control Number: 2900–0165. Connection With Claim for Aid and 0779). Type of Review: Reinstatement of a Attendance OMB Control Number: 2900–0652. Type of Review: Extension of a previously OMB approved collection. AGENCY: Veterans Benefits currently approved collection. Abstract: Claimants complete VA Administration, Department of Veterans Abstract: VA Form 21–0779 is used to Form 5655 to report their financial Affairs. gather the necessary information to status. VA uses the data collected to ACTION: Notice. determine eligibility for pension and aid determine the claimant’s eligibility for a and attendance benefits based on waiver of collection, setup a payment SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of nursing home status. The form also plan or for the acceptance of a 1995, this notice announces that the requests information regarding compromise offer on their VA benefit Veterans Benefits Administration, Medicaid status and nursing home care debt. Department of Veterans Affairs, will charges, so VA can determine the proper Affected Public: Individuals and submit the collection of information rate of payment. households. abstracted below to the Office of An agency may not conduct or Estimated Annual Burden: 116,151 Management and Budget (OMB) for sponsor, and a person is not required to hours. review and comment. The PRA respond to a collection of information submission describes the nature of the unless it displays a currently valid OMB Estimated Average Burden per information collection and its expected control number. The Federal Register Respondent: 1 hour. cost and burden and it includes the Notice with a 60-day comment period Frequency of Response: Annual. actual data collection instrument. soliciting comments on this collection Estimated Number of Respondents: DATES: Comments must be submitted on of information was published at 84 FR 234 on December 5, 2019 pages 66707 116,151. or before March 4, 2020. ADDRESSES: Submit written comments and 66708. By direction of the Secretary. on the collection of information through Affected Public: Individuals or Danny S. Green, www.Regulations.gov, or to Office of Households. Department Clearance Officer, Office of Information and Regulatory Affairs, Estimated Annual Burden: 10,188 Quality, Performance and Risk, Department Office of Management and Budget, Attn: hours. of Veterans Affairs. VA Desk Officer; 725 17th St. NW, Estimated Average Burden per [FR Doc. 2020–01913 Filed 1–31–20; 8:45 am] Washington, DC 20503 or sent through Respondent: 10 minutes. BILLING CODE 8320–01–P electronic mail to oira_submission@ Frequency of Response: One time. omb.eop.gov. Please refer to ‘‘OMB Estimated Number of Respondents: Control No. 2900–0652’’ in any 61,125. correspondence. By direction of the Secretary. FOR FURTHER INFORMATION CONTACT: Danny S. Green, Danny S. Green, Enterprise Records VA Clearance Officer, Office of Quality, Service (005R1B), Department of Performance and Risk (OQPR), Department Veterans Affairs, 811 Vermont Avenue of Veterans Affairs. NW, Washington, DC 20420, (202) 421– [FR Doc. 2020–01941 Filed 1–31–20; 8:45 am] 1354 or email [email protected]. BILLING CODE 8320–01–P
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Reader Aids Federal Register Vol. 85, No. 22 Monday, February 3, 2020
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TABLE OF EFFECTIVE DATES AND TIME PERIODS—FEBRUARY 2020
This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)
DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION
February 3 Feb 18 Feb 24 Mar 4 Mar 9 Mar 19 Apr 3 May 4
February 4 Feb 19 Feb 25 Mar 5 Mar 10 Mar 20 Apr 6 May 4
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February 21 Mar 9 Mar 13 Mar 23 Mar 27 Apr 6 Apr 21 May 21
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