Vol. 85 Tuesday, No. 116 June 16, 2020

Pages 36307–36466

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 116

Tuesday, June 16, 2020

Agency for International Development Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Open Innovation Competitions—Prizes, Challenges, National Coal Council, 36395 Hackathons, 36373 Request for Information: Battery Critical Materials Supply Chain R and D, 36394– Agriculture Department 36395 See Forest Service NOTICES Environmental Protection Agency Meetings: RULES National Agricultural Research, Extension, Education, Air Quality State Implementation Plans; Approvals and and Economics Advisory Board, 36373–36374 Promulgations: Maryland; Infrastructure Requirements for the 2010 Children and Families Administration Sulfur Dioxide National Ambient Air Quality NOTICES Standard, 36343–36348 Agency Information Collection Activities; Proposals, Wisconsin; Second Maintenance Plans for 1997 Ozone Submissions, and Approvals: National Ambient Air Quality Standard; Door Guidance for Tribal Temporary Assistance for Needy County, Kewaunee County, Manitowoc County and Families, 36409 Milwaukee-Racine Area, 36342–36343 PROPOSED RULES Civil Rights Commission Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Meetings: Utah; Regional Haze 5-Year Progress Report State Alaska Advisory Committee, 36374–36375 Implementation Plan, 36359–36368 National Oil and Hazardous Substances Pollution Coast Guard Contingency Plan; National Priorities List: RULES Deletion of the Fairfax St. Wood Treaters Superfund Site, Safety Zones: 36368–36372 Barge PML2501, St. Marys River, De Tour Village, MI, 36328–36329 Federal Aviation Administration RULES Commerce Department Airworthiness Directives: See Foreign-Trade Zones Board Bombardier, Inc., Airplanes, 36318–36320 See International Trade Administration Embraer S.A. (Type Certificate Previously Held by See National Oceanic and Atmospheric Administration Empresa Brasileira de Aeronautica S.A.) Airplanes, See National Telecommunications and Information 36312–36318 Administration Establishment of Class E Airspace: See Patent and Trademark Office Gold Beach, OR, 36320–36321 PROPOSED RULES Airworthiness Directives: Education Department The Boeing Company Airplanes, 36352–36355 See National Assessment Governing Board RULES Amendment and Establishment of Area Navigation Routes: Final Priority and Requirements: South-Central Florida Metroplex Project, 36355–36359 Technical Assistance on State Data Collection: National Special Conditions: Technical Assistance Center to Improve State Aerospace Design and Compliance, LLC, Bombardier, Inc. Capacity to Collect, Report, Analyze, and Use Model CL–600–2B19 Airplane; Installation of a Accurate Individuals with Disabilities Education Act Therapeutic Oxygen System for Medical Use, 36351– Part B and Part C Fiscal Data, 36329–36335 36352 NOTICES Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals: NOTICES Certification and Agreement for the Elementary and Agency Information Collection Activities; Proposals, Secondary School Emergency Relief Fund Submissions, and Approvals, 36402–36408 Application, 36385 Application for New Awards: Federal Emergency Management Agency Technical Assistance on State Data Collection: National NOTICES Technical Assistance Center to Improve State Agency Information Collection Activities; Proposals, Capacity to Collect, Report, Analyze, and Use Submissions, and Approvals: Accurate Individuals with Disabilities Education Act Coronavirus (COVID–19) Donations Web Portal, 36412– Part B and Part C Fiscal Data, 36385–36394 36413

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Federal Energy Regulatory Commission Interior Department RULES See Fish and Wildlife Service Commission Action to Address Effects of COVID–19 on Oil See Indian Affairs Bureau Pipelines, 36321–36323 See Land Management Bureau NOTICES See National Park Service Agency Information Collection Activities; Proposals, See Surface Mining Reclamation and Enforcement Office Submissions, and Approvals, 36396–36397 Application: Renewable Energy Aggregators, 36395–36396 International Trade Administration Washington 10 Storage Corp.; South Romeo Gas Storage NOTICES Co., LLC, 36401–36402 Investigations; Determinations, Modifications, and Rulings, Combined Filings, 36399–36401 etc.: Initial Market–Based Rate Filings Including Requests for Certain Corrosion Inhibitors from the People’s Republic Blanket Section 204 Authorizations: of China; Postponement of Preliminary Cerro Gordo Wind, LLC, 36399 Determination in the Less-Than-Fair-Value Gichi Noodin Wind Farm, LLC, 36399 Investigation, 36376–36377 Rattlesnake Flat, LLC, 36401 Meetings; Sunshine Act, 36397–36398 International Trade Commission Petition for Waiver: NOTICES Gulf Power Co., 36400 Investigations; Determinations, Modifications, and Rulings, etc.: Federal Reserve System Certain Road Construction Machines and Components NOTICES Thereof, 36419 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 36408 Labor Department See Mine Safety and Health Administration Federal Retirement Thrift Investment Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Board Member, 36408–36409 Coal Mine Operator Response to Schedule for Submission of Additional Evidence and Operator Response to Fish and Wildlife Service Notice of Claim, 36420–36421 NOTICES Job Corps Placement and Assistant Record, 36421–36422 Draft Habitat Conservation Plan and Draft Categorical National Longitudinal Survey of Youth, 36420 Exclusion for the Garrapata Tanks Slope Repair Project in Monterey County, CA, 36414–36415 Draft Habitat Conservation Plan and Draft Categorical Land Management Bureau Exclusion for the Singh Parcel, Los Osos, San Luis NOTICES Obispo County, CA, 36413–36414 Meetings: San Francisco Peaks/Mount Elden Recreation Area, AZ; Foreign-Trade Zones Board Application for Proposed Withdrawal Extension, NOTICES 36416–36417 Proposed Production Activity: Lucid Motors USA, Inc., Foreign-Trade Zone 75, Phoenix, Mine Safety and Health Administration AZ, 36375–36376 NOTICES Agency Information Collection Activities; Proposals, Forest Service Submissions, and Approvals: NOTICES Representative of Miners, Notification of Legal Identity, Meetings: and Notification of Commencement of Operations Lassen County Resource Advisory Committee, 36374 and Closing of Mines, 36424–36425 Health and Human Services Department Petition for Modification: See Children and Families Administration Application of Existing Mandatory Safety Standards, See National Institutes of Health 36422–36424 NOTICES Opportunity to Become a National Youth Sports Strategy National Archives and Records Administration Champion, 36409–36410 NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals, 36425–36426 See Coast Guard Meetings: See Federal Emergency Management Agency State, Local, Tribal, and Private Sector Policy Advisory See U.S. Customs and Border Protection Committee, 36426–36427 Indian Affairs Bureau NOTICES National Assessment Governing Board Proposed Finding: NOTICES Phase I Negative Proposed Finding on the Fernandeno Meetings: Tataviam Band of Mission Indians, 36415–36416 National Assessment Governing Board, 36384–36385

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National Institutes of Health Personnel Management Office NOTICES NOTICES Meetings: Meetings: National Institute of Allergy and Infectious Diseases, Federal Prevailing Rate Advisory Committee; 36411 Cancellation, 36438 National Institute of Environmental Health Sciences, 36410 Securities and Exchange Commission National Institute of Neurological Disorders, 36411 NOTICES Program for Allocation of Regulatory Responsibilities; National Oceanic and Atmospheric Administration Filing and Order: NOTICES Cboe BZX Exchange, Inc., Cboe BYX Exchange, Inc., BOX Application: Exchange LLC, Cboe Exchange, Inc., Cboe C2 Marine Mammals; File No. 23836, 36377 Exchange, Inc., et al., 36450–36456 Fisheries off West Coast States: Self-Regulatory Organizations; Proposed Rule Changes: Pacific Coast Groundfish Fishery; Trawl Rationalization Financial Industry Regulatory Authority, Inc., 36458– Program; 2020 Cost Recovery, 36379–36381 36460 General Provisions for Domestic Fisheries: Nasdaq PHLX, LLC, 36438–36442, 36456–36458 Application for Exempted Fishing Permits, 36379 NYSE Arca, Inc., 36447–36450 Meetings: The Options Clearing Corp., 36442–36447 Evaluation of National Estuarine Research Reserve, 36383 Evaluation of State Coastal Management Program and Small Business Administration National Estuarine Research Reserve, 36382 RULES Permit Application: Business Loan Program Temporary Changes: Fisheries of the Caribbean, Gulf of Mexico, and South Paycheck Protection Program—Revisions to First Interim Atlantic; Reef Fish Fishery of Puerto Rico and the Final Rule, 36308–36312 U.S. Virgin Islands; Exempted Fishing, 36377–36379 Request for Applications for Membership: State Department United States Integrated Ocean Observing System RULES Advisory Committee, 36381–36382 Visas: Special Immigrant Visas—U.S. Government Employee National Park Service Special Immigrant Visas for Service Abroad, 36323– NOTICES 36327 National Register of Historic Places: Pending Nominations and Related Actions, 36417–36418 Surface Mining Reclamation and Enforcement Office NOTICES National Telecommunications and Information Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals: NOTICES Federal Inspections and Monitoring, 36418–36419 The National Strategy to Secure 5G Implementation Plan, 36383–36384 Transportation Department See Federal Aviation Administration Nuclear Regulatory Commission RULES Treasury Department Individual Monitoring Devices, 36307 NOTICES List of Approved Spent Fuel Storage Casks: Privacy Act; Systems of Records, 36460–36464 TN Americas, LLC NUHOMS EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, U.S. Customs and Border Protection Amendment No. 1, 36307–36308 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: United States-Caribbean Basin Trade Partnership Act, Disposal of High-Level Radioactive Waste in a Geologic 36411–36412 Repository at Yucca Mountain, NV, 36427–36428 Applications and Amendments to Facility Operating U.S.-China Economic and Security Review Commission Licenses and Combined Licenses Involving No NOTICES Significant Hazards Considerations: Meetings, 36464–36465 Biweekly Notice, 36432–36438 Meetings: Combined License Application: Open Public Hearing, 36465 Oklo Power, LLC, 36427 Exemptions; Issuance: Veterans Affairs Department Response to COVID 19 Public Health Emergency, 36428– RULES 36432 Acquisition Regulations: Administrative and Information Matters; Publicizing Patent and Trademark Office Contract Actions; and Termination of Contracts, RULES 36348–36350 Patent Term Adjustment Reductions in View of the Federal NOTICES Circuit Decision in Supernus Pharm., Inc. v. Iancu, Meetings: 36335–36342 Advisory Committee on Homeless Veterans, 36465–36466

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To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Reader Aids accounts/USGPOOFR/subscriber/new, enter your e-mail Consult the Reader Aids section at the end of this issue for address, then follow the instructions to join, leave, or phone numbers, online resources, finding aids, and notice manage your subscription. of recently enacted public laws.

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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.

10 CFR 34...... 36307 36...... 36307 39...... 36307 72...... 36307 13 CFR 120...... 36308 14 CFR 39 (2 documents) ...... 36312, 36318 71...... 36320 Proposed Rules: 25...... 36351 39...... 36352 71...... 36355 18 CFR Ch.I ...... 36321 22 CFR 42.34...... 36323 33 CFR 165...... 36328 34 CFR Ch.III ...... 36329 37 CFR 1...... 36335 40 CFR 52 (2 documents) ...... 36342, 36343 Proposed Rules: 52...... 36359 300...... 36368 48 CFR 804...... 36348 805...... 36348 849...... 36348 852...... 36348

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Rules and Regulations Federal Register Vol. 85, No. 116

Tuesday, June 16, 2020

This section of the FEDERAL REGISTER ADAMS Public Documents collection at final rule. The NRC intends to contains regulatory documents having general https://www.nrc.gov/reading-rm/ incorporate this supplemental guidance applicability and legal effect, most of which adams.html. To begin the search, select into the next comprehensive revision of are keyed to and codified in the Code of ‘‘Begin Web-based ADAMS Search.’’ For NUREG–1556. Beginning on June 16, Federal Regulations, which is published under problems with ADAMS, please contact 2020, licensees may use the 50 titles pursuant to 44 U.S.C. 1510. the NRC’s Public Document Room (PDR) supplemental guidance to comply with The Code of Federal Regulations is sold by reference staff at 1–800–397–4209, 301– the provisions in the direct final rule. the Superintendent of Documents. 415–4737, or by email to pdr.resource@ In the direct final rule, the NRC stated nrc.gov. The ADAMS accession number that if no significant adverse comments for each document referenced (if it is were received, the direct final rule NUCLEAR REGULATORY available in ADAMS) is provided the would become effective on June 16, COMMISSION first time that it is mentioned in this 2020. As described more fully in the document. direct final rule, a significant adverse 10 CFR Parts 34, 36, and 39 • Attention: The Public Document comment is a comment where the [NRC–2019–0031] Room (PDR), where you may examine commenter explains why the rule would and order copies of public documents, be inappropriate, including challenges RIN 3150–AK29 is currently closed. You may submit to the rule’s underlying premise or Individual Monitoring Devices your request to the PDR via email at approach, or would be ineffective or [email protected] or call 1–800– unacceptable without a change. AGENCY: Nuclear Regulatory 397–4209 between 8:00 a.m. and 4:00 The NRC received one comment from Commission. p.m. (EST), Monday through Friday, the public, which agreed with the ACTION: Direct final rule; confirmation of except Federal holidays. proposed changes to the regulations. effective date. FOR FURTHER INFORMATION CONTACT: Because no significant adverse Anthony McMurtray, telephone: 301– comments were received, the direct SUMMARY: The U.S. Nuclear Regulatory 415–2746, email: Anthony.McMurtray@ final rule will become effective as Commission (NRC) is confirming the nrc.gov; or Edward Lohr, telephone: scheduled. effective date of June 16, 2020, for the 301–415–0253, email: Edward.Lohr@ Dated on May 26, 2020. direct final rule published in the nrc.gov. Both are staff of the Office of Federal Register on March 18, 2020. For the Nuclear Regulatory Commission. Nuclear Material Safety and Safeguards, Cindy K. Bladey, The amendments in the direct final rule U.S. Nuclear Regulatory Commission, authorize the use of modern individual Chief, Regulatory Analysis and Rulemaking Washington, DC 20555–0001. Support Branch, Division of Rulemaking, monitoring devices in industrial SUPPLEMENTARY INFORMATION: On March radiographic, irradiator, and well Environmental, and Financial Support, Office 18, 2020 (85 FR 15347), the NRC of Nuclear Material Safety and Safeguards. logging operations, and align personnel published a direct final rule amending dosimetry requirements in these areas [FR Doc. 2020–11590 Filed 6–15–20; 8:45 am] part 34 of title 10 of the Code of Federal BILLING CODE 7590–01–P with the requirements for all other NRC Regulations (10 CFR), ‘‘Licenses for licensees. Industrial Radiography and Radiation DATES: Effective Date: The effective date Safety Requirements for Industrial NUCLEAR REGULATORY of June 16, 2020, for the direct final rule Radiographic Operations’’; 10 CFR part COMMISSION published March 18, 2020 (85 FR 36, ‘‘Licenses and Radiation Safety 15347), is confirmed. Requirements for Irradiators’’; and 10 10 CFR Part 72 ADDRESSES: Please refer to Docket ID CFR part 39, ‘‘Licenses and Radiation [NRC–2019–0224] NRC–2019–0031 when contacting the Safety Requirements for Well Logging,’’ NRC about the availability of to authorize the use of modern RIN 3150–AK40 information for this action. You may personnel dosimeters. The amendments List of Approved Spent Fuel Storage obtain publicly-available information align personnel dosimetry requirements ® related to this action by any of the in these areas with the requirements for Casks: TN Americas LLC NUHOMS following methods: all other NRC licensees. EOS Dry Spent Fuel Storage System, • Federal Rulemaking Website: Go to The NRC also issued supplemental Certificate of Compliance No. 1042, https://www.regulations.gov and search guidance (ADAMS package Accession Amendment No. 1 for Docket ID NRC–2019–0031. Address No. ML19360A184) in conjunction with AGENCY: Nuclear Regulatory questions about NRC dockets to Carol the direct final rule. The existing Commission. Gallagher; telephone: 301–415–3463; guidance for 10 CFR parts 34, 36, and ACTION: Direct final rule; confirmation of email: [email protected]. For 39 is provided in NUREG–1556, effective date. technical questions, contact the ‘‘Consolidated Guidance About individuals listed in the FOR FURTHER Materials Licenses,’’ in the volumes for SUMMARY: The U.S. Nuclear Regulatory INFORMATION CONTACT section of this industrial radiography (Volume 2), Commission (NRC) is confirming the document. irradiators (Volume 6), and well logging effective date of June 17, 2020, for the • NRC’s Agencywide Documents (Volume 14). The supplemental direct final rule that was published in Access and Management System guidance documents are in a markup the Federal Register on April 3, 2020. (ADAMS): You may obtain publicly- format to these NUREG–1556 volumes The direct final rule amends the NRC’s available documents online in the and reflect the provisions in the direct spent fuel storage regulations by

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revising the TN Americas LLC and order copies of public documents, without incorporation of the change. NUHOMS® EOS Dry Spent Fuel Storage is currently closed. You may submit Therefore, the direct final rule will System listing within the ‘‘List of your request to the PDR via email at become effective as scheduled. approved spent fuel storage casks’’ to [email protected] or call 1–800– Dated: May 26, 2020. include Amendment No. 1 to Certificate 397–4209 between 8:00 a.m. and 4:00 For the Nuclear Regulatory Commission. of Compliance No. 1042. Amendment p.m. (EST), Monday through Friday, Cindy K. Bladey, No. 1 makes the following changes: except Federal holidays. Adds a new basket type (Type 4) to Chief, Regulatory Analysis and Rulemaking FOR FURTHER INFORMATION CONTACT: Support Branch, Division of Rulemaking, allow for the loading of intact, damaged, Christian Jacobs, Office of Nuclear Environmental, and Financial Support, Office or failed fuel; adds another new basket Material Safety and Safeguards; of Nuclear Material Safety and Safeguards. type (Type 5); accepts fuel assemblies telephone: 301–415–6825; email: [FR Doc. 2020–11691 Filed 6–15–20; 8:45 am] with a minimum two-year cooling time, [email protected] or Nicole BILLING CODE 7590–01–P in selected locations within the basket; Fields, Office of Nuclear Material Safety and adds the NUHOMS® MATRIX and Safeguards, telephone: 630–829– design as an alternative to the EOS 9570; email: [email protected]. SMALL BUSINESS ADMINISTRATION horizontal storage module design for the Both are staff of the U.S. Nuclear storage of spent fuel. Amendment No. 1 Regulatory Commission, Washington, 13 CFR Part 120 also makes other additional revisions to DC 20555–0001. the certificate of compliance and the SUPPLEMENTARY INFORMATION: On April [Docket No. SBA–2020–0035] technical specifications for consistency 3, 2020 (85 FR 18857), the NRC RIN 3245–AH49 and clarity. published a direct final rule amending DATES: its regulations in part 72 of title 10 of Business Loan Program Temporary Effective date: The effective date of the Code of Federal Regulations by Changes; Paycheck Protection June 17, 2020, for the direct final rule revising the TN Americas LLC Program—Revisions to First Interim published April 3, 2020 (85 FR 18857), NUHOMS® EOS Dry Spent Fuel Storage Final Rule is confirmed. System listing within the ‘‘List of ADDRESSES: Please refer to Docket ID approved spent fuel storage casks’’ to AGENCY: U.S. Small Business NRC–2019–0224 when contacting the include Amendment No. 1 to Certificate Administration. NRC about the availability of of Compliance No. 1042. Amendment ACTION: Interim final rule. information for this action. You may No. 1 makes the following changes: obtain publicly-available information Adds a new basket type (Type 4) to SUMMARY: On April 2, 2020, the U.S. related to this action by any of the allow for the loading of intact, damaged, Small Business Administration (SBA) following methods: or failed fuel; adds another new basket posted on its website an interim final • Federal Rulemaking Website: Go to type (Type 5); accepts fuel assemblies rule relating to the implementation of https://www.regulations.gov and search with a minimum two-year cooling time, sections 1102 and 1106 of the for Docket ID NRC–2019–0224. Address in selected locations within the basket; Coronavirus Aid, Relief, and Economic questions about NRC dockets to Carol and adds the NUHOMS® MATRIX Security Act (CARES Act or the Act) Gallagher; telephone: 301–415–3463; design as an alternative to the EOS (published in the Federal Register on email: [email protected]. For horizontal storage module design for the April 15, 2020). Section 1102 of the Act technical questions, contact the storage of spent fuel. Amendment No. 1 temporarily adds a new product, titled individuals listed in the FOR FURTHER also makes other additional revisions to the ‘‘Paycheck Protection Program,’’ to INFORMATION CONTACT section of this the certificate of compliance and the the U.S. Small Business document. technical specifications for consistency Administration’s (SBA’s) 7(a) Loan • NRC’s Agencywide Documents and clarity. Program. Subsequently, SBA issued a Access and Management System In the direct final rule published on number of interim final rules (ADAMS): You may obtain publicly- April 3, 2020, the NRC stated that if no implementing the Paycheck Protection available documents online in the significant adverse comments were Program. On June 5, 2020, the Paycheck ADAMS Public Documents collection at received, the direct final rule would Protection Program Flexibility Act of https://www.nrc.gov/reading-rm/ become effective on June 17, 2020. The 2020 (Flexibility Act) was signed into adams.html. To begin the search, select NRC received and docketed two law, amending the CARES Act. This ‘‘Begin Web-based ADAMS Search.’’ For comments on the companion proposed interim final rule revises SBA’s interim problems with ADAMS, please contact rule (85 FR 18876; April 3, 2020). final rule published in the Federal the NRC’s Public Document Room (PDR) Electronic copies of these comments can Register on April 15, 2020, by changing reference staff at 1–800–397–4209, 301– be obtained from the Federal key provisions, such as the loan 415–4737, or by email to pdr.resource@ Rulemaking website https:// maturity, deferral of loan payments, and nrc.gov. The proposed amendment to www.regulations.gov under Docket ID forgiveness provisions, to conform to the certificate, the proposed changes to NRC–2019–0224, and are also available the Flexibility Act. SBA also is making the technical specifications, and in ADAMS under Accession Nos. conforming amendments to the use of preliminary safety evaluation report are ML20118C707 and ML20126G364. PPP loan proceeds for consistency with available in ADAMS under Accession The NRC evaluated the comments amendments made in the Flexibility No. ML19290H600. The final against the criteria described in the Act. Several of these amendments are amendment to the certificate, final direct final rule and determined that retroactive to the date of enactment of changes to the technical specifications, they were not significant and adverse. the CARES Act, as required by section and final safety evaluation report can Specifically, the comments were outside 3(d) of the Flexibility Act. also be viewed in ADAMS under the scope of this rulemaking, did not DATES: Accession No. ML20136A048. oppose the rule, or did not propose a Effective Dates: The provisions in this • Attention: The Public Document change to the rule, such that the rule interim final rule related to loan Room (PDR), where you may examine would be ineffective or unacceptable forgiveness and deferral periods for PPP

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loans are effective March 27, 2020. The pandemic. The Small Business many PPP borrowers can now apply for provision in this interim final rule Administration (SBA) received funding loan forgiveness following the end of relating to the maturity date of PPP and authority through the Act to modify their eight-week covered period. loans is effective June 5, 2020. The existing loan programs and establish a Providing borrowers and lenders with remaining provisions in this interim new loan program to assist small certainty on both loan requirements and final rule are effective June 12, 2020. businesses nationwide adversely loan forgiveness requirements following Comment Date: Comments must be impacted by the COVID–19 emergency. the enactment of the Flexibility Act will received on or before July 16, 2020. Section 1102 of the Act temporarily enhance the ability of lenders to make ADDRESSES: You may submit comments, permits SBA to guarantee 100 percent of loans and process loan forgiveness identified by number SBA–2020–0035, 7(a) loans under a new program titled applications, particularly in light of the through the Federal eRulemaking Portal: the ‘‘Paycheck Protection Program.’’ fact that most of the Flexibility Act’s http://www.regulations.gov. Follow the Section 1106 of the Act provides for provisions are retroactive to March 27, instructions for submitting comments. forgiveness of up to the full principal 2020. Specifically, small businesses that SBA will post all comments on amount of qualifying loans guaranteed have yet to apply for and receive a PPP www.regulations.gov. If you wish to under the Paycheck Protection Program. loan need to be informed of the terms submit confidential business A more detailed discussion of sections of PPP loans as soon as possible, information (CBI) as defined in the User 1102 and 1106 of the Act is found in because the last day on which a lender Notice at www.regulations.gov, please section III below. can obtain an SBA loan number for a send an email to [email protected]. On April 24, 2020, the President PPP loan is June 30, 2020. Borrowers Highlight the information that you signed the Paycheck Protection Program who already have applied for and consider to be CBI and explain why you and Health Care Enhancement Act (Pub. received a PPP loan need certainty believe SBA should hold this L. 116–139), which provided additional regarding how loan proceeds must be information as confidential. SBA will funding and authority for the PPP. On used during the covered period, as review the information and make the June 5, 2020, the President signed the amended by the Flexibility Act, so that final determination whether it will Paycheck Protection Program Flexibility they can maximize the amount of loan publish the information. Act of 2020 (Flexibility Act) (Pub. L. forgiveness. These same reasons provide 116–142), which changes key provisions FOR FURTHER INFORMATION CONTACT: A good cause for SBA to dispense with the of the Paycheck Protection Program, Call Center Representative at 833–572– 30-day delayed effective date provided including provisions relating to the 0502, or the local SBA Field Office; the in the Administrative Procedure Act. maturity of PPP loans, the deferral of list of offices can be found at https:// Although this interim final rule is PPP loan payments, and the forgiveness effective on or before date of filing, www.sba.gov/tools/local-assistance/ of PPP loans. Section 3(d) of the districtoffices. comments are solicited from interested Flexibility Act provides that the members of the public on all aspects of SUPPLEMENTARY INFORMATION: amendments relating to PPP loan the interim final rule, including section I. Background Information forgiveness and extension of the deferral III below. These comments must be period for PPP loans shall be effective submitted on or before July 16, 2020. On March 13, 2020, President Trump as if included in the CARES Act, which declared the ongoing Coronavirus The SBA will consider these comments, means that they are retroactive to March comments received on the interim final Disease 2019 (COVID–19) pandemic of 27, 2020. Section 2 of the Flexibility Act sufficient severity and magnitude to rule posted on SBA’s website April 2, provides that the amendment relating to 2020 (the First Interim Final Rule) and warrant an emergency declaration for all the extension of the maturity date for published in the Federal Register on states, territories, and the District of PPP loans shall take effect on the date April 15, 2020, and the need for making Columbia. With the COVID–19 of enactment (June 5, 2020). Under the any revisions as a result of these emergency, many small businesses Flexibility Act, the extension of the comments. nationwide are experiencing economic maturity date for PPP loans is applicable hardship as a direct result of the to PPP loans made on or after that date, III. Paycheck Protection Program— Federal, State, and local public health and lenders and borrowers may Revisions to First Interim Final Rule measures that are being taken to mutually agree to modify PPP loans (85 FR 20811) minimize the public’s exposure to the made before such date to reflect the Overview virus. These measures, some of which longer maturity. are government-mandated, have been The CARES Act was enacted to implemented nationwide and include II. Comments and Retroactive/ provide immediate assistance to the closures of restaurants, bars, and Immediate Effective Date individuals, families, and businesses gyms. In addition, based on the advice This interim final rule is effective affected by the COVID–19 emergency. of public health officials, other without advance notice and public Among the provisions contained in the measures, such as keeping a safe comment because section 1114 of the CARES Act are provisions authorizing distance from others or even stay-at- CARES Act authorizes SBA to issue SBA to temporarily guarantee loans home orders, have been implemented, regulations to implement Title I of the under a new 7(a) loan program titled the resulting in a dramatic decrease in Act without regard to notice ‘‘Paycheck Protection Program.’’ Loans economic activity as the public avoids requirements. In addition, SBA has guaranteed under the Paycheck malls, retail stores, and other determined that there is good cause for Protection Program (PPP) will be 100 businesses. dispensing with advance public notice percent guaranteed by SBA, and the full On March 27, 2020, the President and comment on the grounds that that principal amount of the loans may signed the Coronavirus Aid, Relief, and it would be contrary to the public qualify for loan forgiveness. The Economic Security Act (the CARES Act interest. Specifically, advance public Flexibility Act amends the CARES Act or the Act) (Pub. L. 116–136) to provide notice and comment would defeat the and amends provisions relating to loan emergency assistance and health care purpose of this interim final rule given terms and loan forgiveness. The purpose response for individuals, families, and that SBA’s authority to guarantee PPP of this interim final rule is to make businesses affected by the coronavirus loans expires on June 30, 2020, and that changes to the First Interim Final Rule,

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posted on SBA’s website on April 2, 5 years for all PPP loans made on or that period. For example, if a borrower’s 2020, and published in the Federal after its enactment. The Administrator, PPP loan is disbursed on June 25, 2020, Register on April 15, 2020 (85 FR in consultation with the Secretary, the 24-week period ends on December 20811). The First Interim Final Rule, as determined that the date SBA assigns a 10, 2020. If the borrower does not amended by this interim final rule, loan number to the PPP loan provides submit a loan forgiveness application to should be interpreted consistent with an efficient, transparent, and auditable its lender by October 10, 2021, the the frequently asked questions (FAQs) means of determining when a PPP loan borrower must begin making payments regarding the PPP that are posted on is ‘‘made’’ that provides certainty to on or after October 10, 2021. 1 SBA’s website and the other interim lenders. While the CARES Act provides d. Loan Forgiveness final rules issued regarding the PPP.2 that a loan will have a maximum maturity of up to ten years from the date Section 3(b) of the Flexibility Act 1. Changes to the First Interim Final the borrower applies for loan amended the requirements concerning Rule forgiveness, the Administrator, in forgiveness of PPP loans to reduce the a. Covered Period for PPP Loans consultation with the Secretary, amount of PPP loan proceeds that must determined that a five-year loan term is be used for payroll costs in order to be Section 3(a) of the Flexibility Act forgivable, and the law also created a amended the definition of ‘‘covered sufficient in light of the temporary economic dislocations caused by the new exemption for borrowers to avoid a period’’ for a PPP loan from ‘‘the period reduction in loan forgiveness amount beginning on February 15, 2020 and coronavirus. Specifically, the considerable economic disruption when they have a reduction in full-time ending on June 30, 2020’’ to ‘‘the period equivalent employees. While the beginning on February 15, 2020 and caused by the coronavirus is expected to abate well before the five-year maturity Flexibility Act provides that a borrower ending on December 31, 2020.’’ shall use at least 60 percent of the PPP Therefore, Part III.2.g.iii. of the First date such that borrowers will be able to resume business operations and pay off loan for payroll costs to receive loan Interim Final Rule (85 FR 20811, 20813) forgiveness, the Administrator, in is revised by striking ‘‘June 30, 2020’’ any outstanding balances on their PPP loans. consultation with the Secretary, and replacing it with ‘‘December 31, interprets this requirement as a 2020’’. Section 3(d) of the Flexibility c. Deferral Period for PPP Loans proportional limit on nonpayroll costs Act provides that this amendment shall as a share of the borrower’s loan be effective as if included in the CARES Section 3(c) of the Flexibility Act extended the deferral period on PPP forgiveness amount, rather than as a Act, which was signed into law on threshold for receiving any loan March 27, 2020. loans. Therefore, Part III.2.n. of the First Interim Final Rule (85 FR 20811, 20813) forgiveness. This interpretation is This amendment by the Flexibility consistent with the new safe harbor in Act applies to the definition of ‘‘covered is revised to read as follows: n. When will I have to begin paying the Flexibility Act. The new safe harbor period’’ that appears in section 1102 of provides that if a borrower is unable to the CARES Act, governing loan use, principal and interest on my PPP loan? If you submit to your lender a loan rehire previously employed individuals loan eligibility, and related forgiveness application within 10 or similarly qualified employees, the requirements. It does not alter the months after the end of your loan borrower will not have its loan meaning of ‘‘covered period’’ that forgiveness covered period, you will not forgiveness amount reduced based on appears in section 1106 of the CARES have to make any payments of principal the reduction in full-time equivalent Act governing loan forgiveness, which is or interest on your loan before the date employees. It would be incongruous to addressed by a different provision of the on which SBA remits the loan interpret the Flexibility Act’s 60 percent Flexibility Act. forgiveness amount on your loan to your requirement as a threshold for receiving b. Maturity Date for PPP Loans lender (or notifies your lender that no any loan forgiveness, because in some cases it would directly conflict with the Section 2(a) of the Flexibility Act loan forgiveness is allowed). Your ‘‘loan forgiveness covered flexibility provided by the new safe amended the CARES Act to provide a harbor. Further, the 60 percent minimum maturity of five years for all period’’ is the 24-week period beginning on the date your PPP loan is disbursed; requirement in the Flexibility Act was PPP loans made on or after the date of enacted against the backdrop of SBA’s enactment of the Flexibility Act. however, if your PPP loan was made before June 5, 2020, you may elect to existing rules governing the PPP, which Therefore, Part III.2.j. of the First Congress was aware of and which Interim Final Rule (85 FR 20811, 20813) have your loan forgiveness covered period be the eight-week period provided for proportional reductions in is revised to read as follows: loan forgiveness for borrowers that used j. What will be the maturity date on beginning on the date your PPP loan was disbursed.3 Your lender must notify less than 75% of their loan amount a PPP loan? during the eight-week covered period For loans made before June 5, 2020, you of remittance by SBA of the loan forgiveness amount (or notify you that for payroll costs. In addition, this the maturity is two years; however, interpretation of the 60 percent borrowers and lenders may mutually SBA determined that no loan forgiveness is allowed) and the date requirement under the Flexibility Act is agree to extend the maturity of such most consistent with Congress’s purpose loans to five years. For loans made on your first payment is due. Interest continues to accrue during the in that legislation—namely, to increase or after June 5, the maturity is five years. the flexibility provided to borrowers Section 2 of the Paycheck Protection deferment period. If you do not submit to your lender a related to PPP loan forgiveness. Program Flexibility Act of 2020 In addition, as noted in paragraph d. loan forgiveness application within 10 (Flexibility Act) amended the CARES above, in seeking loan forgiveness, an months after the end of your loan Act to provide a minimum maturity of eligible borrower whose loan was made forgiveness covered period, you must before June 5, 2020 may elect to apply 1 begin paying principal and interest after See https://www.sba.gov/document/support-- the original eight-week covered period faq-lenders-borrowers. 2 See https://www.sba.gov/funding-programs/ 3 Under section 3(b)(1) of the Flexibility Act, the under the CARES Act instead of the 24- loans/coronavirus-relief-options/paycheck- loan forgiveness covered period of any borrower week covered period referenced above. protection-program. will end no later than December 31, 2020. See Flexibility Act, section 3(b)(3).

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SBA will be issuing revisions to its 2.e. above, Part III.2.r. of the First f. Borrower Certifications interim final rules on loan forgiveness Interim Final Rule (85 FR 20811, 20814) For consistency with the changes and loan review procedures to address is revised to read as follows: discussed in paragraphs 2.e. and f. amendments the Flexibility Act made to r. How can PPP loans be used? above, Parts III.2.t.iii., iv., and v. of the the loan forgiveness requirements. SBA The proceeds of a PPP loan are to be First Interim Final Rule (85 FR 20811, will also be issuing additional guidance used for: 20814) are revised to read as follows: on advance purchases of PPP loans, t. What certifications need to be i. payroll costs (as defined in the Act which will include any effect of the made? and in 2.f.); amendments made to the loan * * * * * forgiveness requirements. For the ii. costs related to the continuation of iii. The funds will be used to retain reasons described above, Part III.2.o. of group health care benefits during workers and maintain payroll or make the First Interim Final Rule (85 FR periods of paid sick, medical, or family mortgage interest payments, lease 20811, 20813) is revised to read as leave, and insurance premiums; payments, and utility payments; I follows: iii. mortgage interest payments (but understand that if the funds are o. Can my PPP loan be forgiven in not mortgage prepayments or principal knowingly used for unauthorized whole or in part? payments); purposes, the Federal Government may Yes. The amount of loan forgiveness hold me legally liable such as for can be up to the full principal amount iv. rent payments; charges of fraud. As explained above, of the loan and any accrued interest. An v. utility payments; not more than 40 percent of loan eligible borrower will not be responsible vi. interest payments on any other proceeds may be used for nonpayroll for any loan payment if the borrower debt obligations that were incurred costs. uses all of the loan proceeds for before February 15, 2020; and/or iv. Documentation verifying the forgivable purposes as described below vii. refinancing an SBA EIDL loan number of full-time equivalent and employee and compensation levels made between January 31, 2020 and employees on payroll as well as the are maintained or, if not, an applicable April 3, 2020. If you received an SBA dollar amounts of payroll costs, covered safe harbor applies. The actual amount EIDL loan from January 31, 2020 mortgage interest payments, covered of loan forgiveness will depend, in part, through April 3, 2020, you can apply for rent payments, and covered utilities for on the total amount of payroll costs, a PPP loan. If your EIDL loan was not the loan forgiveness covered period for payments of interest on mortgage used for payroll costs, it does not affect the loan will be provided to the lender. obligations incurred before February 15, your eligibility for a PPP loan. If your v. Loan forgiveness will be provided 2020, rent payments on leases dated EIDL loan was used for payroll costs, for the sum of documented payroll before February 15, 2020, and utility your PPP loan must be used to refinance costs, covered mortgage interest payments for service that began before your EIDL loan. Proceeds from any payments, covered rent payments, and February 15, 2020, over the loan advance up to $10,000 on the EIDL loan covered utility payments. As explained forgiveness covered period. However, to will be deducted from the loan above, not more than 40 percent of the receive full loan forgiveness, a borrower forgiveness amount on the PPP loan. forgiven amount may be used for must use at least 60 percent of the PPP nonpayroll costs. loan for payroll costs, and not more than At least 60 percent of the PPP loan 40 percent of the loan forgiveness proceeds shall be used for payroll costs. * * * * * amount may be attributable to For purposes of determining the 2. Additional Information nonpayroll costs. For example, if a percentage of use of proceeds for payroll SBA may provide further guidance, if borrower uses 59 percent of its PPP loan costs, the amount of any EIDL needed, through SBA notices which will for payroll costs, it will not receive the refinanced will be included. For be posted on SBA’s website at full amount of loan forgiveness it might purposes of loan forgiveness, however, www.sba.gov. Questions on the otherwise be eligible to receive. Instead, the borrower will have to document the Paycheck Protection Program may be the borrower will receive partial loan proceeds used for payroll costs in order directed to the Lender Relations forgiveness, based on the requirement to determine the amount of forgiveness. Specialist in the local SBA Field Office. that 60 percent of the forgiveness While the Act provides that PPP loan The local SBA Field Office may be amount must be attributable to payroll proceeds may be used for the purposes found at https://www.sba.gov/tools/ costs. For example, if a borrower listed above and for other allowable local-assistance/districtoffices. receives a $100,000 PPP loan, and uses described in section 7(a) of the during the covered period the borrower Small Business Act (15 U.S.C. 636(a)), Compliance With Executive Orders spends $54,000 (or 54 percent) of its the Administrator believes that finite 12866, 12988, 13132, 13563, and 13771, loan on payroll costs, then because the appropriations and the structure of the the Paperwork Reduction Act (44 borrower used less than 60 percent of its Act warrant a requirement that U.S.C. Ch. 35), and the Regulatory loan on payroll costs, the maximum borrowers use a substantial portion of Flexibility Act (5 U.S.C. 601–612) amount of loan forgiveness the borrower the loan proceeds for payroll costs, Executive Orders 12866, 13563, and may receive is $90,000 (with $54,000 in consistent with Congress’ overarching 13771 payroll costs constituting 60 percent of goal of keeping workers paid and the forgiveness amount and $36,000 in employed. This percentage is consistent This interim final rule is nonpayroll costs constituting 40 percent with the limitation on the forgiveness economically significant for the of the forgiveness amount). amount set forth in the Flexibility Act. purposes of Executive Orders 12866 and This limitation on use of the loan funds 13563, and is considered a major rule e. Use of PPP Loan Proceeds will help to ensure that the finite under the Congressional Review Act. For consistency with the amendments appropriations available for these loans SBA, however, is proceeding under the made in the Flexibility Act regarding are directed toward payroll protection, emergency provision at Executive Order the percentage of loan proceeds that as each loan that is issued depletes the 12866 Section 6(a)(3)(D) based on the must be used for payroll costs in order appropriation, regardless of whether need to move expeditiously to mitigate to be forgiven, discussed in paragraph portions of the loan are later forgiven. the current economic conditions arising

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from the COVID–19 emergency. This regulatory flexibility analysis that meets and Economic Security Act, Pub. L. 116–136, rule’s designation under Executive the requirements of the RFA and Section 1114. Order 13771 will be informed by public publish such analysis in the Federal Jovita Carranza, comment. Register. 5 U.S.C. 603, 604. Specifically, Administrator. This rule is necessary to implement the RFA normally requires agencies to [FR Doc. 2020–12909 Filed 6–12–20; 11:15 am] Sections 1102 and 1106 of the CARES describe the impact of a rulemaking on BILLING CODE P Act and the Flexibility Act in order to small entities by providing a regulatory provide economic relief to small impact analysis. Such analysis must businesses nationwide adversely address the consideration of regulatory DEPARTMENT OF TRANSPORTATION impacted under the COVID–19 options that would lessen the economic Emergency Declaration. We anticipate effect of the rule on small entities. The Federal Aviation Administration that this rule will result in substantial RFA defines a ‘‘small entity’’ as (1) a benefits to small businesses, their proprietary firm meeting the size 14 CFR Part 39 employees, and the communities they standards of the Small Business serve. However, we lack data to estimate Administration (SBA); (2) a nonprofit [Docket No. FAA–2020–0466; Project the effects of this rule. Identifier MCAI–2020–00504–A; Amendment organization that is not dominant in its 39–21143; AD 2020–12–08] Executive Order 12988 field; or (3) a small government RIN 2120–AA64 SBA has drafted this rule, to the jurisdiction with a population of less than 50,000. 5 U.S.C. 601(3)–(6). Except extent practicable, in accordance with Airworthiness Directives; Embraer S.A. for such small government jurisdictions, the standards set forth in section 3(a) (Type Certificate Previously Held by neither State nor local governments are and 3(b)(2) of Executive Order 12988, to Empresa Brasileira de Aerona´utica minimize litigation, eliminate ‘‘small entities.’’ Similarly, for purposes S.A.) Airplanes ambiguity, and reduce burden. The rule of the RFA, individual persons are not has no preemptive effect but does have small entities. AGENCY: Federal Aviation a limited retroactive effect consistent The requirement to conduct a Administration (FAA), DOT. with section 3(d) of the Flexibility Act. regulatory impact analysis does not ACTION: Final rule; request for comments. Executive Order 13132 apply if the head of the agency ‘‘certifies that the rule will not, if promulgated, SBA has determined that this rule SUMMARY: The FAA is superseding have a significant economic impact on airworthiness directive (AD) 2011–20– will not have substantial direct effects a substantial number of small entities.’’ on the States, on the relationship 01 for certain Empresa Brasileira de 5 U.S.C. 605(b). The agency must, Aerona´utica S.A. (now Embraer S.A.) between the National Government and however, publish the certification in the the States, or on the distribution of Model EMB–505 airplanes. AD 2011– Federal Register at the time of 20–01 required replacing the bolts that power and responsibilities among the publication of the rule, ‘‘along with a various layers of government. Therefore, attach the balance mass weights to the statement providing the factual basis for elevator structure. This AD requires SBA has determined that this rule has such certification.’’ If the agency head no federalism implications warranting inspections of the mass-balance weights has not waived the requirements for a preparation of a federalism assessment. of the elevators, ailerons, and rudder regulatory flexibility analysis in (flight control surfaces) and their Paperwork Reduction Act, 44 U.S.C. accordance with the RFA’s waiver attachment parts and corrective actions Chapter 35 provision, and no other RFA exception if necessary, and revising the SBA has determined that this rule applies, the agency must prepare the airworthiness limitation section of the will modify existing recordkeeping or regulatory flexibility analysis and existing maintenance manual or reporting requirements under the publish it in the Federal Register at the instructions for continued airworthiness Paperwork Reduction Act. The time of promulgation or, if the rule is to incorporate new airworthiness amendments to the PPP made by the promulgated in response to an limitations. This AD also adds airplanes Flexibility Act and implemented in this emergency that makes timely to the applicability. This AD was interim final rule will require compliance impracticable, within 180 prompted by reports of corrosion in the conforming revisions to the PPP days of publication of the final rule. 5 mass-balance weights of the flight Borrower Application Form (SBA Form U.S.C. 604(a), 608(b). control surfaces, and a determination 2483), the PPP Lender Application Form Rules that are exempt from notice and that new airworthiness limitations are (SBA Form 2484), and the PPP Loan comment are also exempt from the RFA necessary. The FAA is issuing this AD Forgiveness Application (SBA Form requirements, including conducting a to address the unsafe condition on these 3508). SBA will submit the modified regulatory flexibility analysis, when products. forms to OMB for approval as a among other things the agency for good DATES: This AD is effective July 1, 2020. modification to the existing PPP cause finds that notice and public The Director of the Federal Register approved the incorporation by reference information collection. This information procedure are impracticable, of a certain publication listed in this AD collection is currently approved as an unnecessary, or contrary to the public as of July 1, 2020. emergency request under OMB Control interest. Small Business Number 3245–0407 until October 31, The FAA must receive any comments Administration’s Office of Advocacy on this AD by July 31, 2020. 2020. guide: How to Comply with the ADDRESSES: You may send comments, Regulatory Flexibility Ac. Ch.1. p.9. Regulatory Flexibility Act (RFA) using the procedures found in 14 CFR Accordingly, SBA is not required to The Regulatory Flexibility Act (RFA) 11.43 and 11.45, by any of the following generally requires that when an agency conduct a regulatory flexibility analysis. methods: issues a proposed rule, or a final rule Authority: 15 U.S.C. 636(a)(36); Paycheck • Federal eRulemaking Portal: Go to pursuant to section 553(b) of the APA or Protection Program Flexibility Act of 2020, https://www.regulations.gov. Follow the another law, the agency must prepare a Pub. L. 116–142; Coronavirus Aid, Relief, instructions for submitting comments.

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• Fax: 202–493–2251. structure. AD 2011–20–01 resulted from Other Related Service Information • Mail: U.S. Department of a determination that there was a Embraer has issued Embraer Alert Transportation, Docket Operations, M– possibility of freeplay between the Service Bulletin SB505–55–A004, 30, West Building Ground Floor, Room mass-balance weight and the elevator Revision 2, dated November 6, 2019; W12–140, 1200 New Jersey Avenue SE, structure. AD 2011–20–01 was Embraer Alert Service Bulletin SB505– Washington, DC 20590. prompted by MCAI issued by the 55–A004, Revision 3, dated November • Hand Delivery: U.S. Department of Ageˆncia Nacional de Aviac¸a˜o Civil 13, 2019; Embraer Alert Service Bulletin Transportation, Docket Operations, M– (ANAC), which is the aviation authority SB505–55–A004, Revision 4, dated 30, West Building Ground Floor, Room for Brazil. The FAA issued AD 2011– November 21, 2019. The actions W12–140, 1200 New Jersey Avenue SE, 20–01 to address this condition which, specified in these service bulletins are Washington, DC 20590, between 9 a.m. if not corrected, could lead to elevator the same as those specified in Embraer and 5 p.m., Monday through Friday, flutter and loss of airplane control. Alert Service Bulletin SB505–55–A004, except Federal holidays. Revision 5, dated December 12, 2019; Actions Since AD 2011–20–01 Was For service information identified in however, revision 5 was issued to add Issued this AD, contact Phenom Maintenance serial-numbered airplanes to the Support, Avenida Brigadeiro Faria Since the FAA issued AD 2011–20– applicability. Lima, 2170, P.O. Box 36/2, Sa˜o Jose´ dos 01, there have been reports of corrosion FAA’s Determination Campos, 12227–901, Brazil; phone: +55 in the mass-balance weights of the flight This product has been approved by 12 3927 1000; email: control surfaces. The FAA has [email protected]; the aviation authority of Brazil, and is determined that new airworthiness website: https://www.embraer.com.br/ approved for operation in the United limitations are necessary for all Embraer en-US/Pages/home.aspx. You may view States. Pursuant to our bilateral S.A. Model EMB–505 airplanes. this service information at the FAA, agreement with Brazil, it has notified Airworthiness Products Section, The ANAC has issued Brazilian the FAA of the unsafe condition Operational Safety Branch, 901 Locust, Emergency AD No. 2020–01–01, dated described in the MCAI and service Kansas City, Missouri 64106. For January 9, 2020 (referred to after this as information referenced above. The FAA information on the availability of this ‘‘the MCAI’’), to address the unsafe is issuing this AD because the agency material at the FAA, call 816–329–4148. condition on all Embraer S.A. Model evaluated all the relevant information It is also available on the internet at EMB–505 airplanes. The MCAI states: provided by ANAC and determined the https://www.regulations.gov by It has been found the occurrence of unsafe condition described previously searching for and locating Docket No. corrosion in the mass-balance weights of the exists and is likely to exist or develop FAA–2020–0466. control surfaces. The corrosion may lead to in other products of the same type design. Examining the AD Docket loss of mass or the detachment of the mass- balance weights, resulting in an unbalanced AD Requirements You may examine the AD docket on control surface, which, in conjunction with For certain serial-numbered airplanes, the internet at https:// certain flight conditions, could lead to flutter this AD requires accomplishing the www.regulations.gov by searching for and possible loss of airplane control. and locating Docket No. FAA–2020– actions specified in the service 0466; or in person at Docket Operations You may obtain further information information described previously, between 9 a.m. and 5 p.m., Monday by examining the MCAI in the AD except as specified in ‘‘Differences through Friday, except Federal holidays. docket on the internet at https:// Between this AD and the Service The AD docket contains this AD, the www.regulations.gov by searching for Information.’’ This AD also requires mandatory continuing airworthiness and locating Docket No. FAA–2020– sending certain inspection results to information (MCAI), any comments 0466. Embraer. For all Model EMB–505 received, and other information. The airplanes, this AD requires revising the Related Service Information Under 1 street address for Docket Operations is airworthiness limitations section of the listed above. Comments will be CFR Part 51 existing maintenance manual or instructions for continued airworthiness available in the AD docket shortly after The FAA reviewed Embraer Alert receipt. to incorporate new airworthiness Service Bulletin SB505–55–A004, limitations. FOR FURTHER INFORMATION CONTACT: Jim Revision 5, dated December 12, 2019. Compliance with the airworthiness Rutherford, Aerospace Engineer, Small The service information applies to limitations section is required by 14 Airplane Standards Branch, FAA, 901 certain serial-numbered Model EMB– CFR 91.403(c). If an airplane has been Locust, Room 301, Kansas City, 505 airplanes and contains procedures previously modified, altered, or repaired Missouri 64106; phone: (816) 329–4165; for inspecting the mass-balance weights in the areas addressed by this AD, and fax: (816) 329–4090; email: of the elevators, ailerons, and rudders an operator is unable to accomplish the [email protected]. (flight control surfaces) and their actions described in the revisions to SUPPLEMENTARY INFORMATION: respective attachment parts for comply with 14 CFR 91.403(c), the corrosion and fragmentation, and Discussion operator must request approval for an corrective actions. Corrective actions alternative method of compliance using The FAA issued AD 2011–20–01, include installation of a stainless steel the procedures in paragraph (n)(1) of Amendment 39–16810 (76 FR 59240, mass-balance, replacement of the mass- this AD. September 26, 2011) (‘‘AD 2011–20– balance, and replacement of attachment 01’’), for certain serial-numbered parts. This service information is Differences Between This AD and the Empresa Brasileira de Aerona´utica S.A. reasonably available because the Service Information (now Embraer S.A.) Model EMB–505 interested parties have access to it Embraer Alert Service Bulletin airplanes. AD 2011–20–01 required through their normal course of business SB505–55–A004, Revision 5, dated replacing the bolts that attach the or by the means identified in the December 12, 2019, contains procedures balance mass weights to the elevator ADDRESSES section. for inspecting for the integrity of the

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mass-balance weights of the elevators, opportunity for prior public comment date and may amend this final rule ailerons, and rudder (flight control are impracticable. In addition, for the because of those comments. surfaces) and their attachment parts. reasons stated above, the FAA finds that The FAA will post all comments This AD does not include that good cause exists for making this received, without change, to https:// requirement. amendment effective in less than 30 www.regulations.gov, including any days. personal information you provide. The FAA’s Justification and Determination FAA will also post a report of the Effective Date Comments Invited summarizing each substantive verbal An unsafe condition exists that This AD is a final rule that involves contact received about this final rule. requires the immediate adoption of this requirements affecting flight safety, and AD. The FAA has found that the risk to the FAA did not provide you with Regulatory Flexibility Act the flying public justifies waiving notice notice and an opportunity to provide The requirements of the Regulatory and comment prior to adoption of this your comments before it becomes Flexibility Act (RFA) do not apply when rule because of reports of corrosion in effective. However, the FAA invites you an agency finds good cause pursuant to the mass-balance weights of the flight to send any written data, views, or 5 U.S.C. 553 to adopt a rule without control surfaces, which may lead to loss arguments about this final rule. Send prior notice and comment. Because the of mass or the detachment of the mass- your comments to an address listed FAA has determined that it has good balance weights, resulting in an under the ADDRESSES section. Include cause to adopt this rule without notice unbalanced control surface, which, the docket number FAA–2020–0466 and and comment, RFA analysis is not could lead to flutter and possible loss of project identifier MCAI–2020–00504–A required. airplane control. Additionally, the at the beginning of your comments. The compliance time for the required action FAA specifically invites comments on Costs of Compliance is shorter than the time necessary for the the overall regulatory, economic, The FAA estimates that this AD public to comment and for publication environmental, and energy aspects of affects 376 airplanes of U.S. registry. of the final rule. Therefore, the FAA this final rule. The FAA will consider The FAA estimates the following costs finds good cause that notice and all comments received by the closing to comply with this AD:

ESTIMATED COSTS

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

Inspections ...... 9 work-hours × $85 per hour = $765 ...... $100 $865 $325,240 ALS revision ...... 1 work hour × 85 per hour = $85 ...... 0 85 31,960 Reporting ...... 1 work hour × 85 per hour = $85 ...... 0 85 31,960

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

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Installation or replacement ...... Up to 129 work-hours × $85 per hour = Up to Up to $18,118 ...... Up to $29,083. $10,965.

According to the manufacturer, some collection is 2120–0056. Public Authority for This Rulemaking of the costs of this AD may be covered reporting for this collection of Title 49 of the United States Code under warranty, thereby reducing the information is estimated to be specifies the FAA’s authority to issue cost impact on affected individuals. The approximately 1 hour per response, rules on aviation safety. Subtitle I, FAA does not control warranty coverage including the time for reviewing Section 106, describes the authority of for affected individuals. As a result, the instructions, searching existing data the FAA Administrator. Subtitle VII, FAA has included all costs in this cost sources, gathering and maintaining the Aviation Programs, describes in more estimate. data needed, completing and reviewing detail the scope of the Agency’s Paperwork Reduction Act the collection of information. All authority. responses to this collection of The FAA is issuing this rulemaking A federal agency may not conduct or information are mandatory. Send under the authority described in sponsor, and a person is not required to comments regarding this burden Subtitle VII, Part A, Subpart III, Section respond to, nor shall a person be subject estimate or any other aspect of this 44701, General requirements. Under to a penalty for failure to comply with collection of information, including that section, Congress charges the FAA a collection of information subject to the suggestions for reducing this burden to: with promoting safe flight of civil requirements of the Paperwork Information Collection Clearance aircraft in air commerce by prescribing Reduction Act unless that collection of Officer, Federal Aviation regulations for practices, methods, and information displays a currently valid Administration, 10101 Hillwood procedures the Administrator finds OMB Control Number. The OMB Parkway, Fort Worth, TX 76177–1524. necessary for safety in air commerce. Control Number for this information This regulation is within the scope of

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that authority because it addresses an (b) Affected ADs (h) Required Actions unsafe condition that is likely to exist or This AD replaces AD 2011–20–01, For airplanes with a serial number listed in develop on products identified in this Amendment 39–16810 (76 FR 59240, SB505–55–A004R5, at the applicable time rulemaking action. September 26, 2011). specified in paragraph (g) of this AD: Do the inspections identified in paragraphs (h)(1) (c) Applicability Regulatory Findings through (6) of this AD and, before further This AD will not have federalism This AD applies to Embraer S.A. (type flight, install or replace the mass-balance, as implications under Executive Order certificate previously held by Empresa applicable, and replace the attachment parts, Brasileira de Aerona´utica S.A.) Model EMB– 13132. This AD will not have a in accordance with Parts I through VI and 505 airplanes, all serial numbers, certificated Part VIII, as applicable, of the substantial direct effect on the States, on in any category. Accomplishment Instructions of SB505–55– the relationship between the national (d) Subject A004R5, except where SB505–55–A004R5 government and the States, or on the tells you to submit information to Embraer, distribution of power and Joint Aircraft System Component (JASC) instead you must comply with paragraph (k) responsibilities among the various Code 5520, ELEVATOR STRUCTURE; 5540, of this AD. levels of government. RUDDER STRUCTURE; 5751, AILERONS. (1) Do an inspection of the elevator horn For the reasons discussed above, I (e) Unsafe Condition mass-balance weights and attachments parts for corrosion and fragmentation, and weigh certify that this AD: This AD was prompted by reports of (1) Is not a ‘‘significant regulatory each mass-balance. corrosion in the mass-balance weights of the (2) Do an inspection of the elevator internal action’’ under Executive Order 12866, flight control surfaces and a determination and mass-balance weights and attachments parts that new airworthiness limitations are for corrosion and fragmentation and, weigh (2) Will not affect intrastate aviation necessary. The FAA is issuing this AD to each mass-balance. You must remove and in Alaska. address corrosion in the mass-balance weigh the mass-balance weight even if there weights of the flight control surfaces. The List of Subjects in 14 CFR Part 39 is no sign of corrosion or material unsafe condition, if not addressed, could fragmentation. Air transportation, Aircraft, Aviation result in loss of mass or the detachment of (3) Do an inspection of the elevator safety, Incorporation by reference, the mass-balance weights, resulting in an adjustable mass-balance weights and unbalanced control surface, which could lead Safety. attachments parts for corrosion and to flutter and loss of airplane control. fragmentation, and weigh each mass-balance. Adoption of the Amendment (f) Compliance (4) Do an inspection of the aileron mass- Accordingly, under the authority Comply with this AD within the balance weights and attachments parts for delegated to me by the Administrator, compliance times specified, unless already corrosion and fragmentation and, weigh each the FAA amends part 39 of the Federal done. mass-balance. You must remove and weigh Aviation Regulations (14 CFR part 39) as the mass-balance weight even if there is no (g) Compliance Times for the Actions sign of corrosion or material fragmentation. follows: Required by Paragraph (h) of This AD (5) Do an inspection of the rudder PART 39—AIRWORTHINESS For airplanes with a serial number listed in adjustable mass-balance weights and attachments parts for corrosion and DIRECTIVES Embraer Alert Service Bulletin SB505–55– A004, Revision 5, dated December 12, 2019 fragmentation, and weigh each mass-balance. ■ (‘‘SB505–55–A004R5’’): At the applicable (6) Do an inspection of the rudder internal 1. The authority citation for part 39 mass-balance weights and attachments parts continues to read as follows: compliance time specified in paragraph (g)(1), (2), or (3) of this AD, accomplish the for corrosion and fragmentation and, weigh Authority: 49 U.S.C. 106(g), 40113, 44701. actions required by paragraph (h) of this AD. each mass-balance. You must remove and (1) For airplanes with a serial number weigh the mass-balance weight even if there § 39.13 [Amended] listed in Group 1 of Embraer Alert SB505– is no sign of corrosion or material ■ 2. The FAA amends § 39.13 by 55–A004R5: Within 3 calendar days or 5 fragmentation. removing airworthiness directive (AD) hours time-in-service (TIS), whichever occurs (i) Revision of the Airworthiness Limitations 2011–20–01, Amendment 39–16810 (76 first, after July 1, 2020 (the effective date of Section this AD). FR 59240, September 26, 2011), and (2) For airplanes with a serial number Within 10 days after July 1, 2020 (the adding the following new AD: listed in Group 3 of SB505–55–A004R5: effective date of this AD), revise the 2020–12–08 Embraer S.A. (Type Certificate Within 30 calendar days or 50 hours TIS, airworthiness limitations section (ALS) of the Previously Held by Empresa Brasileira whichever occurs first, after July 1, 2020 (the existing maintenance manual or instructions de Aerona´utica S.A.): Amendment 39– effective date of this AD). for continued airworthiness to add the 21143; Docket No. FAA–2020–0466; (3) For airplanes with a serial number information in Table 1 to paragraph (i) of this Project Identifier MCAI–2020–00504–A. listed in Group 2 of SB505–55–A004R5: AD and the initial compliance time Within 60 calendar days or 100 hours TIS, information in Table 2 to paragraph (i) of this (a) Effective Date whichever occurs first, after July 1, 2020 (the AD. This AD is effective July 1, 2020. effective date of this AD). BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C (3) Embraer Alert Service Bulletin SB505– Aerospace Engineer, Small Airplane (j) No Alternative Actions or Intervals 55–A004, Revision 4, dated November 21, Standards Branch, FAA, 901 Locust, Room 2019. 301, Kansas City, Missouri 64106; phone: After the ALS has been revised as required (m) Paperwork Reduction Act Burden (816) 329–4165; fax: (816) 329–4090; email: by paragraph (i) of this AD, no alternative [email protected]. Before using any inspection intervals may be approved, except Statement approved AMOC on any airplane to which as provided in paragraph (n)(1) of this AD. A federal agency may not conduct or the AMOC applies, notify your appropriate sponsor, and a person is not required to (k) Reporting principal inspector (PI) in the FAA Flight respond to, nor shall a person be subject to Standards District Office (FSDO), or lacking For airplanes with a serial number listed in a penalty for failure to comply with a a PI, your local FSDO. SB505–55–A004R5, at the applicable time collection of information subject to the (2) Before using any approved AMOC, specified in paragraph (k)(1) or (2) of this AD: requirements of the Paperwork Reduction For any inspection required by paragraph (h) Act unless that collection of information notify your appropriate principal inspector, of this AD, report findings to Embraer via displays a currently valid OMB Control or lacking a principal inspector, the manager email to [email protected]. The Number. The OMB Control Number for this of the local flight standards district office/ report must include information specified in information collection is 2120–0056. Public certificate holding district office. Appendix 1 of SB505–55–A004R5. reporting for this collection of information is (o) Related Information (1) If the inspection was done on or after estimated to be approximately 1 hour per July 1, 2020 (the effective date of this AD): response, including the time for reviewing (1) For more information about this AD, Submit the report within 96 hours after the instructions, searching existing data sources, contact Jim Rutherford, Aerospace Engineer, inspection. gathering and maintaining the data needed, Small Airplane Standards Branch, FAA, 901 (2) If the inspection was done before July completing and reviewing the collection of Locust, Room 301, Kansas City, Missouri 1, 2020 (the effective date of this AD): Submit information. All responses to this collection 64106; phone: (816) 329–4165; fax: (816) the report within 5 days after July 1, 2020 of information are mandatory. Send 329–4090; email: [email protected]. (the effective date of this AD). comments regarding this burden estimate or (2) Refer to Mandatory Continuing any other aspect of this collection of Airworthiness Information (MCAI) Brazilian (l) Credit for Previous Actions information, including suggestions for Emergency AD No. 2020–01–01, dated This paragraph provides credit for the reducing this burden to: Information January 9, 2020, for more information. You actions required by paragraph (h) or (i) of this Collection Clearance Officer, Federal may examine the MCAI in the AD docket on AD, if you performed those actions before Aviation Administration, 10101 Hillwood the internet at https://www.regulations.gov July 1, 2020 (the effective date of this AD) Parkway, Fort Worth, TX 76177–1524. by searching for and locating it in Docket No. using the service information specified in FAA–2020–0466. paragraphs (l)(1), (2), or (3) of this AD. (n) Alternative Methods of Compliance (p) Material Incorporated by Reference (1) Embraer Alert Service Bulletin SB505– (AMOCs) 55–A004, Revision 2, dated November 6, (1) The Manager, Small Airplane Standards (1) The Director of the Federal Register 2019. Branch, FAA, has the authority to approve approved the incorporation by reference of (2) Embraer Alert Service Bulletin SB505– AMOCs for this AD, if requested using the the service information listed in this 55–A004, Revision 3, dated November 13, procedures found in 14 CFR 39.19. Send paragraph under 5 U.S.C. 552(a) and 1 CFR 2019. information to ATTN: Jim Rutherford, part 51.

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(2) You must use this service information The Director of the Federal Register apply to certain Bombardier, Inc., Model as applicable to do the actions required by approved the incorporation by reference BD–100–1A10 airplanes. The NPRM this AD, unless the AD specifies otherwise. of certain publications listed in this AD published in the Federal Register on (i) Embraer Alert Service Bulletin SB505– as of July 21, 2020. January 27, 2020 (85 FR 4614). The 55–A004, Revision 5, dated December 12, 2019. ADDRESSES: For service information NPRM was prompted by reports of the (ii) [Reserved] identified in this final rule, contact loss of all air data system information (3) For Embraer service information Bombardier, Inc., 200 Coˆte-Vertu Road provided to the flightcrew, which was identified in this AD, contact Phenom West, Dorval, Que´bec H4S 2A3, Canada; caused by icing at high altitudes. The Maintenance Support, Avenida Brigadeiro North America toll-free telephone 1– NPRM proposed to require revising the Faria Lima, 2170, P.O. Box 36/2, Sa˜o Jose´ dos 866–538–1247 or direct-dial telephone existing airplane flight manual (AFM) to Campos, 12227–901, Brazil; phone: +55 12 1–514–855–2999; email ac.yul@ provide the flightcrew with procedures 3927 1000; email: phenom.reliability@ to stabilize the airplane’s airspeed and embraer.com.br; website: https:// aero.bombardier.com; internet https:// www.embraer.com.br/en-US/Pages/ www.bombardier.com. You may view attitude. The FAA is issuing this AD to home.aspx. this service information at the FAA, address the loss of all air data system (4) You may view this service information Airworthiness Products Section, information provided to the flightcrew. at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South If not addressed, this condition may Operational Safety Branch, 901 Locust, 216th St., Des Moines, WA. For adversely affect continued safe flight Kansas City, Missouri 64106. For information information on the availability of this and landing. See the MCAI for on the availability of this material at the additional background information. FAA, call 816–329–4148. material at the FAA, call 206–231–3195. (5) You may view this service information It is also available on the internet at Comments at the National Archives and Records https://www.regulations.gov by Administration (NARA). For information on searching for and locating Docket No. The FAA gave the public the the availability of this material at NARA, FAA–2019–1081. opportunity to participate in developing email: [email protected], or go to: this final rule. Two commenters Examining the AD Docket https://www.archives.gov/federal-register/cfr/ indicated support for the NPRM. The ibr-locations.html. You may examine the AD docket on following presents the comments Issued on June 9, 2020. the internet at https:// received on the NPRM and the FAA’s Lance T. Gant, www.regulations.gov by searching for response to each comment. Director, Compliance & Airworthiness and locating Docket No. FAA–2019– 1081; or in person at Docket Operations Request To Allow Operators To Use Division, Aircraft Certification Service. Current AFM Revision [FR Doc. 2020–12880 Filed 6–15–20; 8:45 am] between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. BILLING CODE 4910–13–P NetJets Inc. requested it be allowed to The AD docket contains this final rule, use Bombardier Challenger 350 any comments received, and other Airplane Flight Manual (AFM), DEPARTMENT OF TRANSPORTATION information. The address for Docket Publication No. CH 350 AFM, Revision Operations is U.S. Department of 24, dated January 15, 2020, for Federal Aviation Administration Transportation, Docket Operations, M– accomplishing the proposed actions. 30, West Building Ground Floor, Room The proposed AD referred to Revision 14 CFR Part 39 W12–140, 1200 New Jersey Avenue SE, 22, dated July 8, 2019. Washington, DC 20590. [Docket No. FAA–2019–1081; Product The FAA acknowledges the FOR FURTHER INFORMATION CONTACT: Identifier 2019–NM–153–AD; Amendment commenter’s request and provides the Darren Gassetto, Aerospace Engineer, 39–19918; AD 2020–11–14] following clarification: This AD requires Mechanical Systems and Admin including the information that is RIN 2120–AA64 Services Section, FAA, New York ACO provided in the referenced AFM Branch, 1600 Stewart Avenue, Suite Airworthiness Directives; Bombardier, revisions in paragraph (g) of this AD. 410, Westbury, NY 11590; telephone Inc., Airplanes The language in paragraph (g) of this AD 516–228–7323; fax 516–794–5531; email is designed to allow incorporating the AGENCY: Federal Aviation [email protected]. specific information, regardless of the Administration (FAA), Department of SUPPLEMENTARY INFORMATION: Transportation (DOT). revision level of the AFM in use, provided the language is identical to the ACTION: Final rule. Discussion referenced AFM revisions specified in Transport Canada Civil Aviation paragraph (g) of this AD. The language SUMMARY: The FAA is adopting a new (TCCA), which is the aviation authority in the latest AFM revisions is the same. airworthiness directive (AD) for certain for Canada, has issued Canadian AD We have not changed this AD in this Bombardier, Inc., Model BD–100–1A10 CF–2019–24, dated July 5, 2019 regard. airplanes. This AD was prompted by (referred to after this as the Mandatory reports of the loss of all air data system Continuing Airworthiness Information, Conclusion information provided to the flightcrew, or ‘‘the MCAI’’), to correct an unsafe which was caused by icing at high condition for certain Bombardier, Inc., The FAA reviewed the relevant data, altitudes. This AD requires revising the Model BD–100–1A10 airplanes. You considered the comments received, and existing airplane flight manual (AFM) to may examine the MCAI in the AD determined that air safety and the provide the flightcrew with procedures docket on the internet at https:// public interest require adopting this to stabilize the airplane’s airspeed and www.regulations.gov by searching for final rule as proposed, except for minor attitude. The FAA is issuing this AD to and locating Docket No. FAA–2019– editorial changes. The FAA has address the unsafe condition on these 1081. determined that these minor changes: products. The FAA issued a notice of proposed • Are consistent with the intent that DATES: This AD is effective July 21, rulemaking (NPRM) to amend 14 CFR was proposed in the NPRM for 2020. part 39 by adding an AD that would addressing the unsafe condition; and

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• Do not add any additional burden Around’’ in the Normal Procedures This service information is reasonably upon the public than was already section of the applicable AFM. These available because the interested parties proposed in the NPRM. documents are distinct since they apply have access to it through their normal course of business or by the means Related Service Information Under 1 to different airplane models. identified in the ADDRESSES section. CFR Part 51 • Bombardier Challenger 300 AFM, Bombardier has issued the following Publication No. CSP 100–1, Revision 56, Costs of Compliance service information, which provides a dated July 8, 2019. The FAA estimates that this AD procedure for ‘‘Unreliable Airspeed’’ in • Bombardier Challenger 350 AFM, affects 560 airplanes of U.S. registry. the Emergency Procedures section, and Publication No. CH 350 AFM, Revision The FAA estimates the following costs also provides a procedure for ‘‘Go- 22, dated July 8, 2019. to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

1 work-hour × $85 per hour = $85 ...... $0 $85 $47,600

Authority for This Rulemaking (1) Is not a ‘‘significant regulatory (b) Affected ADs action’’ under Executive Order 12866, None. Title 49 of the United States Code (2) Will not affect intrastate aviation specifies the FAA’s authority to issue (c) Applicability in Alaska, and rules on aviation safety. Subtitle I, This AD applies to Bombardier, Inc., section 106, describes the authority of (3) Will not have a significant Model BD–100–1A10 airplanes, certificated the FAA Administrator. Subtitle VII: economic impact, positive or negative, in any category, serial numbers 20001 Aviation Programs, describes in more on a substantial number of small entities through 20688 inclusive. detail the scope of the Agency’s under the criteria of the Regulatory (d) Subject Flexibility Act. authority. Air Transport Association (ATA) of The FAA is issuing this rulemaking List of Subjects in 14 CFR Part 39 America Code 34, Navigation. under the authority described in Air transportation, Aircraft, Aviation (e) Reason Subtitle VII, Part A, Subpart III, Section safety, Incorporation by reference, This AD was prompted by reports of the 44701: ‘‘General requirements.’’ Under Safety. loss of all air data system information that section, Congress charges the FAA provided to the flightcrew, which was caused with promoting safe flight of civil Adoption of the Amendment by icing at high altitudes. The FAA is issuing aircraft in air commerce by prescribing Accordingly, under the authority this AD to address the loss of all air data regulations for practices, methods, and system information provided to the delegated to me by the Administrator, procedures the Administrator finds flightcrew. If not addressed, this condition the FAA amends 14 CFR part 39 as necessary for safety in air commerce. may adversely affect continued safe flight follows: This regulation is within the scope of and landing. that authority because it addresses an PART 39—AIRWORTHINESS (f) Compliance unsafe condition that is likely to exist or DIRECTIVES Comply with this AD within the develop on products identified in this compliance times specified, unless already rulemaking action. ■ 1. The authority citation for part 39 done. Regulatory Findings continues to read as follows: (g) Revision of the Airplane Flight Manual Authority: 49 U.S.C. 106(g), 40113, 44701. (AFM) This AD will not have federalism Within 30 days after the effective date of implications under Executive Order § 39.13 [Amended] this AD: Revise the Emergency Procedures— 13132. This AD will not have a ■ 2. The FAA amends § 39.13 by adding Avionics (section 03–17) of the existing AFM substantial direct effect on the States, on to include the information in the ‘‘Unreliable the relationship between the national the following new airworthiness Airspeed’’ procedure of the applicable AFM government and the States, or on the directive (AD): specified in figure 1 to paragraph (g) of this distribution of power and 2020–11–14 Bombardier, Inc.: Amendment AD, and revise the Normal Procedures—After responsibilities among the various 39–19918; Docket No. FAA–2019–1081; Take-off (section 04–04) of the existing AFM levels of government. Product Identifier 2019–NM–153–AD. to include the information in the ‘‘Go- Around’’ procedure of the applicable AFM For the reasons discussed above, I (a) Effective Date specified in figure 1 to paragraph (g) of this certify that this AD: This AD is effective July 21, 2020. AD.

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(h) Other FAA AD Provisions (2) You must use this service information ACTION: Final rule. The following provisions also apply to this as applicable to do the actions required by SUMMARY: This action establishes Class AD: this AD, unless this AD specifies otherwise. (1) Alternative Methods of Compliance (i) Bombardier Challenger 300 Airplane E airspace extending upward from 700 Flight Manual, Publication No. CSP 100–1, (AMOCs): The Manager, New York ACO feet or more above the surface at Gold Revision 56, dated July 8, 2019. Branch, FAA, has the authority to approve Beach Municipal Airport, Gold Beach, (ii) Bombardier Challenger 350 Airplane AMOCs for this AD, if requested using the OR. The airspace supports the airport’s Flight Manual, Publication No. CH 350 AFM, procedures found in 14 CFR 39.19. In transition from VFR to IFR operations. Revision 22, dated July 8, 2019. accordance with 14 CFR 39.19, send your (3) For service information identified in The first area extends upward from 700 request to your principal inspector or local this AD, contact Bombardier, Inc., 200 Coˆte- feet above the surface and the second Flight Standards District Office, as Vertu Road West, Dorval, Que´bec H4S 2A3, area extends upward from 1,200 feet appropriate. If sending information directly Canada; North America toll-free telephone 1– above the surface. to the manager of the certification office, 866–538–1247 or direct-dial telephone 1– DATES: Effective 0901 UTC, September send it to ATTN: Program Manager, 514–855–2999; email ac.yul@ 10, 2020. The Director of the Federal Continuing Operational Safety, FAA, New aero.bombardier.com; internet https:// York ACO Branch, 1600 Stewart Avenue, Register approves this incorporation by www.bombardier.com. reference action under Title 1 Code of Suite 410, Westbury, NY 11590; telephone (4) You may view this service information 516–228–7300; fax 516–794–5531. Before at the FAA, Airworthiness Products Section, Federal Regulations part 51, subject to using any approved AMOC, notify your Operational Safety Branch, 2200 South 216th the annual revision of FAA Order appropriate principal inspector, or lacking a St., Des Moines, WA. For information on the 7400.11 and publication of conforming principal inspector, the manager of the local availability of this material at the FAA, call amendments. flight standards district office/certificate 206–231–3195. ADDRESSES: FAA Order 7400.11D, holding district office. (5) You may view this service information Airspace Designations and Reporting (2) Contacting the Manufacturer: For any that is incorporated by reference at the Points, and subsequent amendments can requirement in this AD to obtain instructions National Archives and Records be viewed online at https:// from a manufacturer, the instructions must Administration (NARA). For information on _ the availability of this material at NARA, www.faa.gov//air traffic/publications/. be accomplished using a method approved For further information, you can contact by the Manager, New York ACO Branch, email [email protected], or go to: https:// FAA; or Transport Canada Civil Aviation www.archives.gov/federal-register/cfr/ibr- the Airspace Policy Group, Federal (TCCA); or Bombardier Inc.’s TCCA Design locations.html. Aviation Administration, 800 Approval Organization (DAO). If approved by Issued on June 5, 2020. Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. the DAO, the approval must include the Gaetano A. Sciortino, DAO-authorized signature. The Order is also available for Deputy Director for Strategic Initiatives, inspection at the National Archives and (i) Related Information Compliance & Airworthiness Division, Aircraft Certification Service. Records Administration (NARA). For (1) Refer to Mandatory Continuing information on the availability of FAA [FR Doc. 2020–12867 Filed 6–15–20; 8:45 am] Airworthiness Information (MCAI) Canadian Order 7400.11D at NARA, email AD CF–2019–24, dated July 5, 2019, for BILLING CODE 4910–13–P [email protected] or go to https:// related information. This MCAI may be www.archives.gov/federal-register/cfr/ found in the AD docket on the internet at https://www.regulations.gov by searching for DEPARTMENT OF TRANSPORTATION ibr-locations.html. and locating Docket No. FAA–2019–1081. FOR FURTHER INFORMATION CONTACT: (2) For more information about this AD, Federal Aviation Administration Matthew Van Der Wal, Federal Aviation contact Darren Gassetto, Aerospace Engineer, Administration, Western Service Center, Mechanical Systems and Admin Services 14 CFR Part 71 Operations Support Group, 2200 S Section, FAA, New York ACO Branch, 1600 216th Street, Des Moines, WA 98198; Stewart Avenue, Suite 410, Westbury, NY [Docket No. FAA–2020–0234; Airspace telephone (206) 231–3695. 11590; telephone 516–228–7323; fax 516– Docket No. 19–ANM–90] SUPPLEMENTARY INFORMATION: 794–5531; email [email protected]. RIN 2120–AA66 Authority for This Rulemaking (j) Material Incorporated by Reference (1) The Director of the Federal Register Establishment of Class E Airspace; The FAA’s authority to issue rules approved the incorporation by reference Gold Beach, OR regarding aviation safety is found in (IBR) of the service information listed in this Title 49 of the United States Code. paragraph under 5 U.S.C. 552(a) and 1 CFR AGENCY: Federal Aviation Subtitle I, Section 106 describes the part 51. Administration (FAA), DOT. authority of the FAA Administrator.

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Subtitle VII, Aviation Programs, The second airspace area extends § 71.1 [Amended] describes in more detail the scope of the upward from 1,200 feet above the ■ 2. The incorporation by reference in agency’s authority. This rulemaking is surface within a 15-mile radius of the 14 CFR 71.1 of FAA Order 7400.11D, promulgated under the authority Gold Beach Municipal Airport, Airspace Designations and Reporting described in Subtitle VII, Part A, excluding that airspace that extends Points, dated August 8, 2019, and Subpart I, Section 40103. Under that beyond 12 miles from the coast. effective September 15, 2019, is section, the FAA is charged with FAA Order 7400.11, Airspace amended as follows: prescribing regulations to assign the use Designations and Reporting Points, is of airspace necessary to ensure the published yearly and effective on Paragraph 6005 Class E Airspace Areas safety of aircraft and the efficient use of September 15. Extending Upward From 700 Feet or More airspace. This regulation is within the Regulatory Notices and Analyses Above the Surface of the Earth. scope of that authority as it establishes * * * * * Class E airspace at Gold Beach The FAA has determined that this Municipal Airport, Gold Beach, OR, to regulation only involves an established ANM OR E5 Gold Beach, OR ensure the safety and management of body of technical regulations for which Gold Beach Municipal Airport, OR ° ′ ″ ° ′ ″ Instrument Flight Rules (IFR) operations frequent and routine amendments are (Lat. 42 24 55 N, long. 124 25 30 W) at the airport. necessary to keep them operationally That airspace extending upward from 700 current, is non-controversial, and feet above the surface within a 6.3-mile History unlikely to result in adverse or negative radius of the airport, and within 1 mile each ° The FAA published a notice of comments. It, therefore: (1) Is not a side of the 325 bearing from the airport, proposed rulemaking in the Federal ‘‘significant regulatory action’’ under extending from the 6.3-mile radius to 9.3 miles northwest of the airport; and that Register (85 FR 17791; March 31, 2020) Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT airspace extending upward from 1,200 feet for Docket No. FAA–2020–0234 to above the surface within a 15-mile radius of establish Class E airspace at Gold Beach Regulatory Policies and Procedures (44 Gold Beach Municipal Airport, excluding Municipal Airport, Gold Beach, OR. FR 11034; February 26, 1979); and (3) that airspace that extends beyond 12 miles Interested parties were invited to does not warrant preparation of a from the coast. regulatory evaluation as the anticipated participate in this rulemaking effort by Issued in Seattle, Washington, on June 10, submitting written comments on the impact is so minimal. Since this is a 2020. routine matter that will only affect air proposal to the FAA. No comments Shawn M. Kozica, were received. traffic procedures and air navigation, it is certified that this rule, when Group Manager, Western Service Center, Class E5 airspace designations are Operations Support Group. published in paragraph 6005 of FAA promulgated, would not have a [FR Doc. 2020–12901 Filed 6–15–20; 8:45 am] Order 7400.11D, dated August 8, 2019, significant economic impact on a and effective September 15, 2019, which substantial number of small entities BILLING CODE 4910–13–P is incorporated by reference in 14 CFR under the criteria of the Regulatory 71.1. The Class E airspace designation Flexibility Act. DEPARTMENT OF ENERGY listed in this document will be Environmental Review published subsequently in the Order. The FAA has determined that this Federal Energy Regulatory Availability and Summary of action qualifies for categorical exclusion Commission Documents for Incorporation by under the National Environmental Reference Policy Act in accordance with FAA 18 CFR Chapter I This document amends FAA Order Order 1050.1F, ‘‘Environmental [Docket No. PL20–6–000] 7400.11D, Airspace Designations and Impacts: Policies and Procedures,’’ Reporting Points, dated August 8, 2019, paragraph 5–6.5a. This airspace action Commission Action To Address and effective September 15, 2019. FAA is not expected to cause any potentially Effects of COVID–19 on Oil Pipelines Order 7400.11D is publicly available as significant environmental impacts, and no extraordinary circumstances exist AGENCY: Federal Energy Regulatory listed in the ADDRESSES section of this Commission. document. FAA Order 7400.11D lists that warrant preparation of an Class A, B, C, D, and E airspace areas, environmental assessment. ACTION: Policy statement. air traffic service routes, and reporting List of Subjects in 14 CFR Part 71 SUMMARY: In this policy statement, the points. Airspace, Incorporation by reference, Federal Energy Regulatory Commission The Rule Navigation (air). provides guidance regarding the Commission’s response to the effects of This amendment to Title 14 Code of Adoption of the Amendment the national emergency caused by Federal Regulations (14 CFR) part 71 In consideration of the foregoing, the COVID–19 on oil pipelines. establishes Class E airspace extending Federal Aviation Administration DATES: June 16, 2020. upward from 700 feet or more above the amends 14 CFR part 71 as follows: surface at the Gold Beach Municipal FOR FURTHER INFORMATION CONTACT: Airport, Gold Beach, OR. The airspace PART 71—DESIGNATION OF CLASS A, Glenna Riley (Legal Information), Office supports the airport’s transition from B, C, D, AND E AIRSPACE AREAS; AIR of the General Counsel, 888 First Street VFR to IFR operations. TRAFFIC SERVICE ROUTES; AND NE, Washington, DC 20426, (202) 502– The first airspace area extends REPORTING POINTS 8620, [email protected]. Matthew upward from 700 feet above the surface Petersen (Technical Information), Office within a 6.3-mile radius to the airport, ■ 1. The authority citation for 14 CFR of Energy Markets Regulation, Federal and within 1 mile each side of the 325° part 71 continues to read as follows: Energy Regulatory Commission, 888 bearing from the airport, extending from Authority: 49 U.S.C. 106(f), 106(g), 40103, First Street NE, Washington, DC 20426, the 6.3-mile radius to 9.3 miles 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (202) 502–6845, Matthew.Petersen@ northwest of the airport. 1959–1963 Comp., p. 389. ferc.gov.

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SUPPLEMENTARY INFORMATION: justification described in the pipeline’s but only temporary.9 If oil pipelines 1. On March 13, 2020, the President waiver or extension request.1 submit other proposals for temporary issued a proclamation declaring a 3. Moreover, to facilitate changes to rate relief to address the emergency National Emergency concerning operations and services on an expedited circumstances caused by COVID–19, we COVID–19. Measures to mitigate or slow basis, oil pipelines may request a waiver will give such proposals their due the transmission of COVID–19 have for tariffs to become effective on less consideration on a case-by-case basis. substantially reduced travel and than 30 days’ notice pursuant to Although any such proposals must be commercial activity, and U.S. § 341.14 of the Commission’s fully supported and consistent with the consumption of petroleum products has regulations.2 Such requests for waiver of Interstate Commerce Act,10 we dropped sharply as a result. prior notice made concurrently with recognize that these unprecedented Consequently, oil pipelines are facing tariff filings will be deemed circumstances might require unusual unanticipated circumstances, including conditionally granted subject to refund, solutions. We will assess the diminished demand for service and and will also be deemed automatically appropriateness of any temporary rate radically altered market conditions. In granted at the conclusion of the 30-day relief proposals based on the facts and light of these circumstances, we offer notice period unless the Commission circumstances presented, including any the following guidance to oil pipelines. issues an order denying the request.3 issues raised in comments or protests 4. We also recognize that oil from affected shippers.11 2. We are committed to assisting oil pipelines’ existing tariff rates and rules pipelines in addressing the 6. We acknowledge that in certain may be inadequate to address the drastic unprecedented impacts of COVID–19, situations, oil pipelines may need to and unforeseen impacts of COVID–19. particularly where such pipelines are temporarily curtail jurisdictional Oil pipelines are allowed to file changes encountering regulatory hurdles that transportation service due to the to their rates and rules and regulations may impede or delay attempts to circumstances caused by COVID–19. In tariffs at any time. Under the respond to changing market dynamics such instances, affected oil pipelines Commission’s regulations, pipelines during this difficult time. For example, may file notices of temporary with indexed rates can change their 12 an oil pipeline may be unable to comply embargo. rates at any time so long as they remain with regulatory requirements or may 7. We recognize there may be oil at or below the ceiling level.4 A pipeline require an extension due to steps it has pipelines facing disputes with shippers may change a rate without regard to the taken to meet the emergency conditions, as a result of the unprecedented ceiling level if the change is agreed to such as measures taken to protect the circumstances caused by COVID–19 and by each shipper using the service.5 If a health and safety of its employees. We that they may want to explore the pipeline’s costs substantially diverge further recognize that due to the potential for a negotiated or mediated from its indexed rates, it can file a cost- circumstances arising from COVID–19, resolution. We encourage oil pipelines of-service rate change.6 In addition, an oil pipeline might seek to in that situation to consider using the pipelines with market-based rate temporarily alter routes, reconfigure Commission’s alternative dispute authority have the flexibility to respond 13 existing systems, or change flow resolution process. We appreciate oil to changes in market conditions by direction to provide shippers access to pipelines’ efforts to pursue agreements filing a tariff to change their rates at any storage. In addition, an oil pipeline that with shippers to resolve issues where time without regard to the indexed has not previously provided service possible. ceiling level.7 Any pipeline that does subject to the Commission’s jurisdiction 8. We encourage oil pipelines to not currently have market-based rate might seek to temporarily provide contact the Commission with any authority and serves sufficiently service in interstate commerce, as concerns or issues related to the impacts competitive markets may file an opposed to intrastate commerce, to of COVID–19. Oil pipelines may notify application at any time under Part 348 respond to current market demands, but the Commission of any regulatory or of the Commission’s regulation to may have difficulty meeting the compliance issues they are encountering establish that it lacks significant market Commission’s regulatory requirements in attempting to respond to the changed power.8 to begin providing interstate service for circumstances. We note that oil 5. We understand that there could be the first time. In these and other pipelines may use the Commission’s instances where the above regulations instances, oil pipelines may request pre-filing review process to informally for establishing and changing rates temporary waivers of or extensions of submit tariffs or related material to might not provide an appropriate means 14 time to comply with the following Commission staff for suggestions. We to address the current emergency regulations where necessary and are sensitive to oil pipelines’ needs for circumstances, which may be drastic appropriate to address the unforeseen circumstances resulting from COVID– 9 To the extent there are lasting changes that 1 See also Extension of Non-Statutory Deadlines, impact a pipeline’s ability to recover its costs, such 19: Supplemental Notice Granting Extension of Time issues are appropriately addressed via the rate • Cost-of-service filing requirements for Non-Statutory Deadlines, Waiving Regulations, changing methodologies in Part 342 of the (18 CFR 342.2(a); part 346); and Shortening Answer Period, Docket No. AD20– Commission’s regulations. 11–000 (Apr. 2, 2020) (‘‘Entities may seek waiver 10 49 U.S.C. app. 1 et seq. (1988). • of Commission orders, regulations, tariffs, rate Reporting requirements (part 357); 11 This policy statement is merely guidance, and schedules, and service agreements, as appropriate, • we emphasize that nothing in this policy statement Record-keeping requirements (part to address needs resulting from steps they take in is intended to establish a binding rule or 356); response to the emergency conditions caused by determination, or to alter shippers’ rights to file COVID–19. Action on all such motions will be • complaints or protests in individual cases. 18 CFR Accounting regulations (part 352); taken as expeditiously as possible.’’). 343.2, 343.3. and 2 18 CFR 341.14. 12 Notices of embargo may be submitted through • 3 Depreciation studies (18 CFR Id. the eTariff portal using Type of Filing Code 840. 4 347.1). 18 CFR 342.3(a). 13 The contact information for the alternative 5 18 CFR 342.4(c). We will review and act on such dispute resolution helpline is as follows: Toll-free: 6 18 CFR 342.4(a). 1–844–238–1560, FAX: 202–219–3289, Email: requests as expeditiously as possible 7 18 CFR 342.4(b). [email protected]. based upon the circumstances and 8 18 CFR pt. 348. 14 18 CFR 341.12.

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feedback on an expedited basis given aliens who have been employed by, and this regulation does not affect the the emergency conditions. performed faithful service for, the U.S. granting of special immigrant status 9. We commend the industry’s efforts government abroad for at least fifteen under any of the authorities for special to adapt to these unprecedented years. This rule codifies in regulation immigrant status, including any of the circumstances while continuing to the eligibility criteria for special other provisions in INA section uphold their common carrier duties immigrant status of such aliens and the 101(a)(27), 8 U.S.C. 1101(a)(27), or those under the Interstate Commerce Act. application process for applicants. specific to nationals of Iraq and Afghanistan. Document Availability DATES: This rule is effective December 16, 2020. This rule codifies the circumstances 10. In addition to publishing the full FOR FURTHER INFORMATION CONTACT: that will be considered ‘‘exceptional’’ text of this document in the Federal Taylor Beaumont, Acting Chief, for purposes of assessing special Register, the Commission provides all Legislation and Regulations Division, immigrant status qualification. The interested persons an opportunity to Visa Services, Bureau of Consular scope of ‘‘exceptional circumstances’’ view and/or print the contents of this Affairs, Department of State, VisaRegs@ set out in this rule departs, in certain respects, from the Department’s policies document via the internet through the state.gov. Commission’s Home Page (http:// that preceded this rule, which were SUPPLEMENTARY INFORMATION: www.ferc.gov). At this time, the articulated only in the Foreign Affairs Commission has suspended access to What is the effect of this regulation? Manual (FAM), specifically 9 FAM 502.5–3(C)(2)(d), not in the CFR. the Commission’s Public Reference Section 101(a)(27)(D) of the Specifically, the excluded criteria, Room, due to the proclamation Immigration and Nationality Act (INA), formerly in 9 FAM 502.5– declaring a National Emergency 8 U.S.C. 1101(a)(27)(D), authorizes the 3(C)(2)(d)(3)(c)(ii)–(vi), that will no concerning COVID–19, issued by the granting of special immigrant status in longer constitute exceptional President on March 13, 2020. exceptional circumstances for circumstances, are: Recognition with 11. From the Commission’s Home employees, or honorably retired former multiple individual awards; high Page on the internet, this information is employees, of the U.S. government visibility in a sensitive position; control available on eLibrary. The full text of abroad, or of the American Institute in over key aspects of the operations or this document is available on eLibrary Taiwan, who have performed faithful overall functioning of a Foreign Service in PDF and Microsoft Word format for service for a total of fifteen years or viewing, printing, and/or downloading. post; valuable services and assistance to more, in addition to their accompanying the U.S. community at post apart from To access this document in eLibrary, spouse and children. For special type the docket number excluding the performance of official duties; and immigration status to be granted, this faithful service in a country foreign to last three digits of this document in the provision requires that the principal docket number field. the employee that resulted in the officer of a Foreign Service employee losing economic and social 12. User assistance is available for establishment recommend granting of eLibrary and the Commission’s website ties to his or her home country. The special immigrant status in an exercise regulation also adds two new criteria during normal business hours from the of discretion to aliens in exceptional Commission’s Online Support at (202) that will constitute exceptional circumstances. The statute provides that circumstances moving forward, 502–6652 (toll free at 1–866–208–3676), the Secretary of State may choose to via email at [email protected], specifically: Recognition with a approve such a recommendation after ‘‘Foreign Service National of the Year’’ or from the Public Reference Room at finding that it is in the national interest (202) 502–8371, TTY (202) 502–8659. award; and disclosure of waste, fraud, to grant such status, for the status to be abuse, or other issues that result in Email the Public Reference Room at conferred. Upon notification that the [email protected]. significant action against an offending Secretary of State, or designee, has party. The FAM will be revised in By the Commission. approved a recommendation and found accordance with this rule on the Issued: May 8, 2020. that granting special immigrant status is effective date of this rule. Nathaniel J. Davis, Sr., in the national interest, the applicant The rule also makes several technical Deputy Secretary. must submit a completed Form DS– and organizational edits to 22 CFR 1884, Petition to Classify Special [FR Doc. 2020–12945 Filed 6–15–20; 8:45 am] 42.32. This rule moves relevant portions Immigrant Under INA 203(b)(4) as an BILLING CODE 6717–01–P of 22 CFR 42.32(d)(2) on special Employee or Former Employee of the immigrant status (specific to INA U.S. Government Abroad, to the section 101(a)(27)(D), 8 U.S.C. Department of State (‘‘Department’’) 1101(a)(27)(d)) into a new section, 22 DEPARTMENT OF STATE within one year. Once the DS–1884 is CFR 42.34; and 22 CFR 42.32(d)(2) is submitted and approved, the employee 22 CFR Part 42.34 amended to include a cross reference to must submit an immigrant visa 22 CFR 42.34. The new 22 CFR 42.34 [Public Notice: 11104] application, which a consular officer expands upon the application process adjudicates in accordance with relevant and the qualifications for special RIN 1400–AE77 provisions in the INA. If the consular immigrant status, and more clearly Visas: Special Immigrant Visas—U.S. officer approves the visa application organizes these topics. Government Employee Special and issues the visa, the applicant then This rule also eliminates 22 CFR Immigrant Visas for Service Abroad has six months to immigrate to the 42.32(d)(2)(ii), Special immigrant status United States. To avoid potential for certain aliens employed at the AGENCY: Department of State. confusion, the Department emphasizes United States mission in Hong Kong, ACTION: Final rule. that this regulation affects only the because the window to apply for special granting of special immigrant status to immigrant status under this section SUMMARY: The Immigration and long term employees of the U.S. closed on January 1, 2002. The Nationality Act provides for the granting government abroad under INA section remaining provisions of 22 CFR of special immigrant status for certain 101(a)(27)(D), 8 U.S.C. 1101(a)(27)(D); 42.32(d)(2), including 22 CFR

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42.32(d)(2)(i) and 22 CFR policy relative to finding exceptional accompanying spouse and children. 42.32(d)(2)(iii)–(vi), are revised and circumstances for this special immigrant Further, INA section 101(a)(27)(D), 8 moved to 22 CFR 42.34 and status, the regulation adopts a standard U.S.C. 1101(a)(27)(D), provides that the consolidated with current guidance of ‘‘retribution,’’ to more accurately Secretary of State must approve each drawn from 9 FAM 502.5–3. Sections reflect the Department’s policy and recommendation and find that it is in 42.32(d)(2)(i)(A) and (C) are moved to practice in this area. The Department the national interest to grant special section 42.34(b), and the Department does not anticipate this change in immigrant status. INA section 203(b)(4), has revised the description of terminology will affect the application 8 U.S.C. 1153(b)(4), allocates visas to be accompanying or following-to-join of this exceptional circumstance made available to qualified special spouses and children to more precisely provision, because the Department, for immigrants each fiscal year. align with INA section 203(d), 8 U.S.C. the purposes of this provision, has What problem does the rulemaking 1153(d). The description of following- historically considered conduct to be address, and how does this rulemaking to-join spouses and children that is ‘‘persecution’’ within the meaning of the address it? being superseded by this rule had stated FAM guidance, as amended, despite not they were ‘‘entitled to a derivative status necessarily meeting the elements of Until now, Department regulations corresponding to the classification and ‘‘persecution’’ as defined in other have not addressed the criteria used by priority date of the beneficiary of the contexts, such as in the asylum context, the Department in implementing petition.’’ This language has been and as informed by the Board of statutory eligibility standards for special amended to remove reference to Immigration Appeals and opinions by immigrant status. Certain criteria that ‘‘derivative status’’ to more accurately the Attorney General. Since the were included in Volume 9 of the FAM reflect INA section 203(d), 8 U.S.C. inception of this program, as a matter of were subjective or otherwise led to 1153(d), which states that such spouses policy, the Department has viewed 20 or inconsistency in recommendations and children if not otherwise entitled to more years of faithful service as prima submitted by different overseas posts. an immigrant status and the immediate facie evidence of ‘‘exceptional This likely resulted in uncertainty for issuance of a visa, are entitled to the circumstances,’’ because the employee special immigrant status applicants and, same classification and priority date of has devoted such a large portion of his potentially, inconsistent results for the beneficiary of the petition. Text or her career to the U.S. government. similarly situated applicants. The formerly in section 42.32(d)(2)(i)(B) is This rule retains that understanding. Department is revising the eligibility now consolidated with the definition of Section 42.32(d)(2)(iii) is now criteria to exclude the most subjective of ‘‘qualifying full-time service’’ in section § 42.34(b)(2). The last sentence from 22 criteria and adding new objective bases 42.34(c)(1). CFR 42.32(d)(2)(iv), stating ‘‘In cases for establishing exceptional In the definitions section, the rule described in § 42.33(d)(2)(ii), the circumstances. The Department aims to clarifies what is meant by fulfilling 15 validity of the petition shall not in any promote consistency in adjudications of years of qualifying full-time service, case extend beyond January 1, 2002’’ is applications for special immigrant explaining that it can be achieved in a not included in this rule, because it no status. Codifying these objective criteria number of ways. For example, working longer applies. is intended to increase the likelihood full-time for 10 years and half-time for This rule makes technical, but non- that similar service is rewarded at least 10 more would qualify the substantive changes to the text similarly around the world and increase employee for consideration. previously in § 42.32(d)(2)(v), and now the fairness and integrity of the special The rule also codifies a definition of in § 42.32(b)(5). First, the rule adds ‘‘or immigrant status process through more ‘‘faithful service,’’ which is a statutory designee’s’’ after ‘‘Secretary of State,’’ consistent application of the law. These requirement for special immigrant status and removes the ‘‘’s’’ after ‘‘Secretary of transparent standards will aid the U.S. under INA section 101(a)(27)(D), 8 State.’’ This rule also re-phrases the government abroad in recruiting and U.S.C. 1101(a)(27)(D). This definition former reference to the Secretary of retaining loyal and committed foreign reflects longstanding Department State’s ‘‘approval of special immigrant nationals. practice and guidance on what status’’ to ‘‘approval of the principal How will the Department implement constitutes ‘‘faithful service,’’ and the officer’s recommendation’’ for this rule? responsibility of the principal officer to consistency with other references in this determine that the alien’s service has rule. Additional reorganization includes There is a six-month delay in the been faithful. Department guidance that moving § 42.32(d)(2)(iv) to § 42.34(b)(4); effective date of this rule for the preceded this rule, and will continue, § 42.32(d)(2)(vi) to § 42.34(b)(1); and Department to continue the orderly instructs principal officers at foreign § 42.32(d)(2)(vii) to § 42.34(b)(3). adjudication of cases that are ready or service post to consider employees’ nearly ready for consideration by the What law or directive authorizes the disciplinary records and other similar principal officer or the Secretary, or factors in making this assessment. rulemaking? designee. The new standards will apply The Department has also incorporated Pursuant to INA section 104(a), 8 to all recommendations from the into the regulation, with some changes, U.S.C. 1104(a), the Secretary of State principal officer of a Foreign Service guidance at 9 FAM 502.5– may establish regulations necessary for establishment submitted to the 3(C)(2)(d)(3)(a)(iii) since March 27, the administration of the INA. INA Department for consideration by the 2019, explaining that ‘‘exceptional section 101(a)(27)(D), 8 U.S.C. Secretary of State, or designee, on or circumstances’’ includes situations 1101(a)(27)(D), provides for the granting after the effective date. The Department where the United States and the host of special immigrant status in considers a recommendation to be country have strained relations and the exceptional circumstances to submitted when the Department has employee may be subjected to immigrants who are employees, or received the principal officer’s persecution or pressure to divulge honorably retired former employees, of recommendation through the proper information. Because the term the U.S. government abroad, or of the submission methods from post. This ‘‘persecution,’’ as defined in certain American Institute in Taiwan, and who rulemaking provides prospective other U.S. legal contexts, does not have performed faithful service for at applicants seeking to qualify under INA accurately reflect the Department’s least 15 years, as well as their section 101(a)(27)(D), 8 U.S.C.

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1101(a)(27)(D), for special immigrant employed staff to obtain special status program and to ensure consistent status notice regarding the Department’s immigrant status for their spouses and application of certain provisions of implementation of the program. children, in particular, is central to the immigration law to principal officer U.S. government’s ability to recruit and recommendations for special immigrant Regulatory Findings retain loyal and committed foreign status at U.S. foreign missions around Administrative Procedure Act nationals to support U.S. missions the world. The Department estimates This rule relates to a foreign affairs overseas. Consequently, the approval of that approximately 60 recommendations function, and consequently, in recommendations for special immigrant from a principal officer per year may be accordance with 5 U.S.C. 553(a)(1), it is status, and the promulgation of initially impacted by this rule, because not subject to the notice-and-comment standards for such approval under the an employee’s qualifications will not rule making procedures set forth in 5 Secretary of State’s authority in INA demonstrate the requisite exceptional U.S.C. 553. This rule affects the U.S. section 101(a)(27)(D), 8 U.S.C. circumstances to qualify for special government’s ability to recruit and 1101(a)(27)(D), involve foreign affairs immigrant status due to the changes in retain locally employed staff for its functions of the Department of State. standards implemented through this overseas missions. It also clearly and rule. The Department is unable to Regulatory Flexibility Act/Executive reliably estimate the number of directly impacts foreign affairs functions Order 13272: Small Business of the United States and ‘‘implicat[es] dependents who may also be restricted matters of diplomacy directly.’’ City of Because this rule is exempt from in their ability to qualify for derivative N.Y. v. Permanent Mission of India to notice and comment rulemaking under status until their spouse or parent is the U.N., 618 F.3d 172, 202 (2d Cir. 5 U.S.C. 553, it is exempt from the recommended by a principal officer 2010). regulatory flexibility analysis under this new rule. Assuming an This rule involves the Secretary of requirements set forth by the Regulatory average of 2 derivatives per principal State’s authority to determine that it is Flexibility Act (5 U.S.C. 603 and 604). applicant, the rule could affect in the national interest to grant special Nonetheless, consistent with the approximately 180 people worldwide immigrant status to a current or former Regulatory Flexibility Act (5 U.S.C. per year. The Department derived the employee of the U.S. government, a 605(b)), the Department certifies that estimate of affected principal officer determination that involves a wide this rule will not have a significant recommendations from recent data range of foreign affairs considerations economic impact on a substantial regarding applicants who previously and functions, including the U.S. number of small entities. qualified for this program under the exceptional circumstances that are being government’s bilateral relationship with Unfunded Mandates Reform Act of 1995 the host country, the impact on the U.S. removed or changed under this rule.2 government’s ability to recruit qualified Section 202 of the Unfunded The majority of the affected principal personnel in the country, and the Mandates Reform Act of 1995, 2 U.S.C. officer recommendations related to impact of special immigrant status 1532, generally requires agencies to employee qualifications each year are availability on the willingness of foreign prepare a statement before proposing likely to be delayed rather than nationals to become, and remain as, any rule that may result in an annual permanently eliminated, as there are employees of the U.S. government. expenditure of $100 million or more by several other circumstances through Special immigrant status eligibility is State, local, or tribal governments, or by which employees may receive principal critical for the U.S. government to the private sector. This rule will not officer recommendations and qualify for recruit and retain loyal, valuable local result in any such expenditure, nor will special immigrant status in the future. staff outside the United States, without it significantly or uniquely affect small For example, some principal officer which the Department could not governments. recommendations for applicants with at least 15 years of service, but less than efficiently function overseas. The Congressional Review Act Department alone employs 20 years of service, could previously approximately 50,000 local staff at over The Office of Information and qualify under the grounds of receiving 200 Foreign Service posts overseas, Regulatory Affairs has determined that at least two individual honor awards. excluding local staff employed on behalf this rule is not a major rule as defined This rule eliminates this category of of all the other U.S. government by 5 U.S.C. 804(2). exceptional circumstance. However, agencies operating overseas, for which Executive Order 12866, 13563, and these same principal officer we lack data.1 Because special 13771 recommendations may still qualify under a separate exceptional immigrant status is only available to The Office of Information and locally employed staff with at least circumstance in the future by reaching Regulatory Affairs has determined that 20 years of service. As a result, while an fifteen years of faithful service, and this is a significant regulatory action under exceptional circumstances, under Executive Order 12866 and has 2 Specifically, the Department analyzed a sample potential eligibility encourages reviewed this document. The employees to remain in their jobs and to of cases reviewed from June 2018 to March 2019. Department has also reviewed this Of the 508 principal officer recommendations provide long-term, institutional memory rulemaking to ensure its consistency reviewed during that 10-month period, 50 qualified to U.S. government agencies abroad. for this program solely based on the categories of with the regulatory philosophy and exceptional circumstances that are being removed This is particularly essential in principles set forth in Executive Order countries where local staff members face or changed. The volume of applications reviewed 12866. The Department has also during this period was consistent with historical retribution by the host government, considered this rule in light of precedent. Based on this sample, the Department making it even more challenging to estimates that approximately five potential Executive Order 13563 and affirms that principal officer recommendations per month, or 60 recruit and retain a locally employed this regulation is consistent with the workforce. The potential for locally per year, will not be eligible for special immigrant guidance therein. This regulation is de status but may have been eligible under the minimis under Executive Order 13771. previous eligibility criteria. However, the 1 Corey R Gill, U.S. Department of State Department has no way to anticipate the number of Personnel: Background and Selected Issues for This regulation is being promulgated aliens who might qualify in the future under the Congress, Congressional Research Service, 15 (May to avoid unfair variation in the new categories of exceptional circumstances created 18, 2018). administration of the special immigrant in this regulation.

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estimated 60 recommendations from DS–1884 or the cost burdens for Subpart D—Immigrants Subject to principal officers regarding the individual applicants completing these Numerical Limitations qualification of applicants may be forms. Rather, this rule applies to the affected, the Department does not adjudication standards applied ■ 2. In § 42.32, revise paragraph (d)(2) to expect that a significant number of internally by the Department’s read as follows: principal officer recommendations will personnel. The Department believes this § 42.32 Employment-based preference be permanently affected. rule may initially reduce the overall immigrants. The Department notes that there is a number of DS–1884, Petition to Classify possibility that this rule may make it Special Immigrant Under INA 203(b)(4), * * * * * (d) * * * more difficult to hire foreign workers; by approximately 60 per year due to a (2) See 22 CFR 42.34. however, as this program will remain decrease either in the number of intact and the effect is more likely to principal officer recommendations * * * * * delay rather than eliminate eligibility, submitted to the Department or the ■ 3. Add § 42.34 to read as follows: the Department expects this impact to number of recommendations approved § 42.34 Special immigrant visas—certain be minimal. The Department will incur by the Secretary, or his designee. U.S. Government employees. de minimis administrative costs to However, many of the affected (a) General. (1) An alien is classifiable provide clear guidance and messaging applicants will likely eventually qualify under INA 203(b)(4) as a special regarding this change to all posts and to and file both the form DS–1884 and DS– immigrant described in INA locally employed staff that may be 260. Because this rule is likely to delay, 101(a)(27)(D) provided: impacted by the rule. While some rather than prevent, most affected (i) The alien has performed faithful locally employed staff may believe a applicants from completing these forms, service to the United States Government principal officer would likely the Department does not believe that abroad, or of the American Institute in recommend them for special immigrant this proposal will affect the burden of Taiwan, for a total of fifteen years, or status on bases eliminated by this rule, these forms. more; there are several other categories, as The Department estimates a related (ii) The principal officer of a Foreign discussed above, through which they reduction in the overall number of Service establishment (or, in the case of may qualify in the future. immigrant visa applications on form the American Institute in Taiwan, the Executive Orders 12372 and 13132: DS–260 by approximately 180 per year, Director), recommends granting special Federalism based on the past average of immigrant status to such alien in This regulation will not have approximately two derivative family exceptional circumstances; substantial direct effects on the States, members per applicant for this (iii) The Secretary of State, or on the relationship between the national applicant pool. The Department is designee, approves such government and the States, or the unable to reliably estimate the number recommendation and finds that it is in distribution of power and of dependents of affected applicants for the national interest to grant such status. (b) Petition requirement. An alien responsibilities among the various special immigrant status who will not who seeks classification as a special levels of government. The rule will not file a DS–260, if the principal immigrant under INA 203(b)(4) based on have federalism implications warranting subsequently is approved for SIV status, service as an employee to the U.S. the application of Executive Orders because, e.g., they will age out of government abroad or American 12372 and 13132. dependent eligibility or they will be unable or unwilling to wait. Institute in Taiwan must file a Form Executive Order 12988: Civil Justice DS–1884, Petition to Classify Special Reform List of Subjects in 22 CFR Part 42 Immigrant under INA 203(b)(4) as an The Department has reviewed the Aliens, Immigration, Passports and Employee or Former Employee of the regulation in light of sections 3(a) and Visas. U.S. Government Abroad, with the 3(b)(2) of Executive Order 12988 to Department of State. An alien may file eliminate ambiguity, minimize Accordingly, for the reasons set forth such a petition only after, but within litigation, establish clear legal in the preamble, the Department of State one year of, notification from the standards, and reduce burden. amends 22 CFR part 42 as follows: Department that the Secretary of State or designee has approved a Executive Order 13175 PART 42 VISAS: DOCUMENTATION OF recommendation from the principal The Department has determined that IMMIGRANTS UNDER THE officer that special immigrant status be this rulemaking will not have tribal IMMIGRATION AND NATIONALITY accorded the alien in exceptional implications, will not impose ACT, AS AMENDED circumstances, and has found it in the substantial direct compliance costs on national interest to do so. Indian tribal governments, and will not ■ 1. The authority citation for part 42 (1) Petition fees. The Secretary of pre-empt tribal law. Accordingly, the continues to read as follows: State shall establish a fee for the filing requirements of section 5 of Executive Authority: 8 U.S.C. 1104 and 1182; Pub. of a petition to accord status under INA Order 13175 do not apply to this L. 105–277, 112 Stat. 2681; Pub. L. 108–449, 203(b)(4) which shall be collected rulemaking. 118 Stat. 3469; The Convention on Protection following notification that the Secretary of State, or designee, has approved the Paperwork Reduction Act of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, recommendation that the alien be Special immigrant status applicants May 29, 1993), S. Treaty Doc. 105–51 (1998), granted status as a special immigrant complete the DS–1884 (OMB Control 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); under INA 101(a)(27)(D). Number 1405–0082) and the DS–260 42 U.S.C. 14901–14954 (Pub. L. 106–279, 114 (2) Establishing priority date. The (OMB Control Number 1405–0185) after Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, priority date of an alien seeking status the Secretary, or designee, approves the 124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109– under INA 203(b)(4) as a special recommendation from the principal 162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. immigrant described in 101(a)(27)(D) officer. This rule has no effect on the 114–70, 129 Stat. 561). shall be the date on which the petition

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to accord such classification, the DS– service with the U.S. government is 15 retribution by the local, State, Federal, 1884, is filed. The filing date of the years or more, or the equivalent thereof. or other official government body petition is the date on which a properly (2) Faithful service. An alien must merely because of association with the completed form and the required fee are have performed faithfully in the U.S. government, or the alien may be accepted by a Foreign Service post. position held. The principal officer has pressured to divulge information Pursuant to INA 203(d), and whether or the primary responsibility for contrary to U.S. national interests; or not named in the petition, the spouse or determining whether the alien’s service (D) The alien was hired as an child of an alien classified under INA meets this requirement. A record of employee at the Consulate General at 203(b)(4), if not otherwise entitled to an disciplinary actions that have been immigrant status and the immediate taken against the alien does not Hong Kong on or before July 1, 1999. issuance of a visa, is entitled to the automatically disqualify the alien. The (ii) Strong indicators of exceptional classification and priority date of the principal officer must assess the circumstances. (A) It is believed that beneficiary of the petition. disciplinary action in light of the extent continued service to the U.S. (3) Delegation of authority to approve and gravity of the misconduct and when government might endanger the life of petitions. The authority to approve it occurred and determine whether the the alien; record as a whole, notwithstanding petitions to accord status under INA (B) The alien has, fulfilled disciplinary actions, is one of faithful 203(b)(4) to an alien described in INA responsibilities or given service in a service. 101(a)(27)(D) is hereby delegated to the manner that approaches the heroic; chief consular officer at the post of (3) Continuity. The alien’s period of recommendation or, in the absence of service need not have been continuous. (C) The alien has been awarded a the consular officer, to any alternate (4) Abroad. The service must have global or a regional ‘‘Foreign Service approving officer designated by the occurred anywhere outside the United National of the Year’’ Award; principal officer. Such authority may States, as the term ‘‘United States’’ is (D) The alien has disclosed waste, not be exercised until the Foreign defined in INA 101(a)(38). (5) Employment at the American fraud or abuse, a substantial and Service post has received formal specific danger to public health or notification of the Secretary of State or Institute in Taiwan. INA 101(a)(27)(D) permits both present and former safety, or a violation of law, rule, or designee’s approval of special regulation within the Department or immigrant status for the petitioning employees of the American Institute in Taiwan to apply for special immigrant other U.S. government agency, if such alien. disclosure results in significant action (4) Petition validity. Except as noted status. An alien’s service before and after the founding of the American by the Department or other U.S. in this paragraph, the validity of a government agency against an offending petition approved for classification Institute in Taiwan is counted toward the minimum 15 years of service party, such as termination or severance under INA 203(b)(4) shall be six months of a contractual relationship, or criminal beyond the date of the Secretary of requirement. (6) Honorably retired. Separations charges against any person or entity; State’s approval thereof or the within the meaning of ‘‘honorably availability of a visa number, whichever (E) The employee has served the U.S. retired’’ include, for example, those is later. government for a period of twenty years resulting from mandatory or voluntary or more. (5) Extension of special immigrant retirement, reduction-in-force, or status and petition validity. If the resignation for personal reasons. (8) Immediate intent to immigrate. (i) principal officer of a post concludes that Separations not within the meaning of The recommendation of the principal circumstances in a particular case are ‘‘honorably retired’’ would include a officer must certify that the employee such that an extension of validity of the termination for cause or an involuntary being recommended is prepared to Secretary of State or designee’s approval termination or resignation in lieu of a pursue an immigrant visa application of the principal officer’s termination for cause. within one year of the Department’s recommendation or of the petition (7) Definition of exceptional notification to the post of approval of would be in the national interest, the circumstances. The principal officer special immigrant status and, if the principal officer shall recommend to the must determine that an alien employee is not honorably retired, that Secretary of State or designee that such demonstrates at least one form of the employee intends permanent validity be extended for not more than ‘‘exceptional circumstances’’ to support separation from U.S. government one additional year. an application for special immigrant employment abroad no later than the (c) Definitions—(1) Full-time service. status. date of departure for the United States An alien must have been employed for (i) Prima facie indicators of following issuance of an immigrant visa. a total of at least 15 full-time years, or exceptional circumstances. In the (ii) Employees of Hong Kong the equivalent thereof, in the service of following situations an alien’s service the U.S. government abroad. The with the U.S. government generally will Consulate General hired on or before number of hours per week that qualify be deemed to have met exceptional July 1, 1999, are not required to an employee as full-time is dependent circumstances. establish immediate intent to immigrate. on local law and prevailing practice in (A) Diplomatic relations between the Employees of the Hong Kong Consulate the country where the alien is or was alien’s country of nationality and the General who received or were approved employed, as reflected in the United States have been severed; for special immigrant status before July employment documentation submitted (B) Diplomatic relations between the 1, 1999, also may continue employment with the application for special country in which the alien was with the U.S. government. immigrant status. An alien may qualify employed and the United States have as a special immigrant under INA been severed; Carl C. Risch, 101(a)(27)(D) on the basis of (C) The country in which the alien Assistant Secretary for Consular Affairs, U.S. employment abroad with one or more was employed and the United States Department of State. than one agency of the U.S. government have strained relations and the [FR Doc. 2020–12344 Filed 6–15–20; 8:45 am] provided the total amount of full-time employee may be subjected to BILLING CODE 4710–06–P

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DEPARTMENT OF HOMELAND without prior notice and opportunity to necessary, to select regulatory SECURITY comment when the agency for good approaches that maximize net benefits. cause finds that those procedures are Executive Order 13771 directs agencies Coast Guard ‘‘impracticable, unnecessary, or contrary to control regulatory costs through a to the public interest.’’ Under 5 U.S.C. budgeting process. This rule has not 33 CFR Part 165 553(b)(B), the Coast Guard finds that been designated a ‘‘significant [Docket Number USCG–2020–0339] good cause exists for not publishing a regulatory action,’’ under Executive notice of proposed rulemaking (NPRM) Order 12866. Accordingly, this rule has RIN 1625–AA00 with respect to this rule because doing not been reviewed by the Office of so would be impracticable. A barge is Management and Budget (OMB), and Safety Zone; Barge PML2501, St. aground in the St. Marys River and pursuant to OMB guidance it is exempt Marys River, De Tour Village, MI immediate action is needed to mitigate from the requirements of Executive AGENCY: Coast Guard, DHS. the potential safety hazards associated Order 13771. This regulatory action determination ACTION: Temporary final rule. with the response. It is impracticable to publish an NPRM because we must is based on the size, location, and SUMMARY: The Coast Guard is establish this safety zone immediately. duration of the safety zone. Vessel establishing a temporary safety zone for Under 5 U.S.C. 553(d)(3), the Coast traffic will be able to safely transit navigable waters within a 500-yard Guard finds that good cause exists for around this safety zone which will radius of an aground barge in the lower making this rule effective less than 30 impact a small designated area of the St. St. Marys River, in the vicinity of days after publication in the Federal Marys River. Moreover, the Coast Guard Sweets Point. The safety zone is needed Register. Delaying the effective date of would issue a Broadcast Notice to to protect personnel, vessels, and the this rule would be impracticable Mariners via CHF–FM marine channel marine environment from potential because immediate action is needed to 16 about the zone, and the rule would hazards created by the aground barge. respond to the potential safety hazards allow vessels to seek permission to enter Entry of vessels or persons into this associated with the aground vessel. the zone. zone is prohibited unless specifically III. Legal Authority and Need for Rule B. Impact on Small Entities authorized by the Captain of the Port The Regulatory Flexibility Act of Sault Sainte Marie. The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 1980, 5 U.S.C. 601–612, as amended, DATES: This rule is effective without (previously 33 U.S.C. 1231). The requires Federal agencies to consider actual notice from June 16, 2020 Captain of the Port Sault Sainte Marie the potential impact of regulations on through June 24, 2020. For the purposes (COTP) has determined that potential small entities during rulemaking. The of enforcement, actual notice will be hazards associated in the navigable term ‘‘small entities’’ comprises small used from June 10, 2020 through June waters near an aground barge in the businesses, not-for-profit organizations 16, 2020. lower St. Marys River is a safety concern that are independently owned and ADDRESSES: To view documents for anyone within a 500-yard radius. operated and are not dominant in their mentioned in this preamble as being This rule is needed to protect personnel, fields, and governmental jurisdictions available in the docket, go to https:// vessels, and the marine environment in with populations of less than 50,000. www.regulations.gov, type USCG–2020– the navigable waters within the safety The Coast Guard certifies under 5 U.S.C. 0339 in the ‘‘SEARCH’’ box and click zone while the vessel is aground. 605(b) that this rule will not have a ‘‘SEARCH.’’ Click on Open Docket significant economic impact on a Folder on the line associated with this IV. Discussion of the Rule substantial number of small entities. rule. This rule establishes a safety zone While some owners or operators of FOR FURTHER INFORMATION CONTACT: If immediately until June 24, 2020. The vessels intending to transit the safety you have questions on this rule, call or safety zone will cover all navigable zone may be small entities, for the email LT Sean V. Murphy, Coast Guard waters within 500 yards of the barge reasons stated in section V.A above, this Sector Sault Sainte Marie Waterways PML2501. The duration of the zone is rule will not have a significant Management, U.S. Coast Guard; intended to protect personnel, vessels, economic impact on any vessel owner telephone 906–635–3223, email and the marine environment in these or operator. [email protected]. navigable waters. No vessel or person Under section 213(a) of the Small Business Regulatory Enforcement SUPPLEMENTARY INFORMATION: will be permitted to enter the safety zone without obtaining permission from Fairness Act of 1996 (Pub. L. 104–121), I. Table of Abbreviations the COTP or a designated we want to assist small entities in representative. understanding this rule. If the rule CFR Code of Federal Regulations would affect your small business, DHS Department of Homeland Security V. Regulatory Analyses FR Federal Register organization, or governmental NPRM Notice of proposed rulemaking We developed this rule after jurisdiction and you have questions § Section considering numerous statutes and concerning its provisions or options for U.S.C. United States Code Executive orders related to rulemaking. compliance, please call or email the person listed in the FOR FURTHER II. Background Information and Below we summarize our analyses INFORMATION CONTACT section. Regulatory History based on a number of these statutes and Executive orders, and we discuss First Small businesses may send comments The Coast Guard is issuing this Amendment rights of protestors. on the actions of Federal employees temporary rule without prior notice and who enforce, or otherwise determine opportunity to comment pursuant to A. Regulatory Planning and Review compliance with, Federal regulations to authority under section 4(a) of the Executive Orders 12866 and 13563 the Small Business and Agriculture Administrative Procedure Act (APA) (5 direct agencies to assess the costs and Regulatory Enforcement Ombudsman U.S.C. 553(b)). This provision benefits of available regulatory and the Regional Small Business authorizes an agency to issue a rule alternatives and, if regulation is Regulatory Fairness Boards. The

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Ombudsman evaluates these actions determined that this action is one of a (c) Regulations. (1) In accordance with annually and rates each agency’s category of actions that do not the general regulations in § 165.23, entry responsiveness to small business. If you individually or cumulatively have a into, transiting, or anchoring within the wish to comment on actions by significant effect on the human safety zone described in paragraph (a) of employees of the Coast Guard, call 1– environment. This rule involves a safety this section is prohibited unless 888–REG–FAIR (1–888–734–3247). The zone that will prohibit entry within 500 authorized by the Captain of the Port, Coast Guard will not retaliate against yards of navigable waters of an aground Sault Sainte Marie or his designated small entities that question or complain barge in the St. Marys River. It is representative. about this rule or any policy or action categorically excluded from further (2) Before a vessel operator may enter of the Coast Guard. review under paragraph L[60(d)] of or operate within the safety zone, they Appendix A, Table 1 of DHS Instruction must obtain permission from the C. Collection of Information Manual 023–01–001–01, Rev. 1. A Captain of the Port, Sault Sainte Marie, This rule will not call for a new Record of Environmental Consideration or his designated representative via VHF collection of information under the supporting this determination is Channel 16 or telephone at (906) 635– Paperwork Reduction Act of 1995 (44 available in the docket. For instructions 3233. Vessel operators given permission U.S.C. 3501–3520). on locating the docket, see the to enter or operate in the safety zone D. Federalism and Indian Tribal ADDRESSES section of this preamble. must comply with all orders given to them by the Captain of the Port, Sault Governments G. Protest Activities Sainte Marie or his designated A rule has implications for federalism The Coast Guard respects the First representative. under Executive Order 13132, Amendment rights of protesters. (d) Enforcement period. This section Federalism, if it has a substantial direct Protesters are asked to call or email the will be enforced from June 10, 2020 to effect on the States, on the relationship person listed in the FOR FURTHER June 24, 2020. between the National Government and INFORMATION CONTACT section to the States, or on the distribution of Dated: June 10, 2020. coordinate protest activities so that your P.S. Nelson, power and responsibilities among the message can be received without various levels of government. We have Captain, U.S. Coast Guard, Captain of the jeopardizing the safety or security of Port Sault Sainte Marie. analyzed this rule under that Order and people, places or vessels. have determined that it is consistent [FR Doc. 2020–12878 Filed 6–15–20; 8:45 am] with the fundamental federalism List of Subjects in 33 CFR Part 165 BILLING CODE 9110–04–P principles and preemption requirements Harbors, Marine safety, Navigation described in Executive Order 13132. (water), Reporting and record keeping Also, this rule does not have tribal requirements, Security measures, DEPARTMENT OF EDUCATION implications under Executive Order Waterways. 13175, Consultation and Coordination 34 CFR Chapter III For the reasons discussed in the with Indian Tribal Governments, [Docket ID ED–2019–OSERS–0134] because it does not have a substantial preamble, the Coast Guard amends 33 direct effect on one or more Indian CFR part 165 as follows: Final Priority and Requirements— tribes, on the relationship between the PART 165—REGULATED NAVIGATION Technical Assistance on State Data Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS Collection—National Technical or on the distribution of power and Assistance Center To Improve State responsibilities between the Federal ■ 1. The authority citation for part 165 Capacity To Collect, Report, Analyze, Government and Indian tribes. continues to read as follows: and Use Accurate IDEA Part B and Part C Fiscal Data E. Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR The Unfunded Mandates Reform Act 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Office of Special Education and of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation Rehabilitative Services, Department of Federal agencies to assess the effects of No. 0170.1. Education. their discretionary regulatory actions. In ■ 2. Add § 165.T09–0339 to read as ACTION: Final priority and requirements. particular, the Act addresses actions follows: that may result in the expenditure by a SUMMARY: The Department of Education State, local, or tribal government, in the § 165.T09–0339 Safety Zone; Barge (Department) announces a funding aggregate, or by the private sector of PML2501, St. Marys River, De Tour Village, priority and requirements under the MI. $100,000,000 (adjusted for inflation) or Technical Assistance on State Data more in any one year. Though this rule (a) Location. The following area is a Collection program, Catalog of Federal will not result in such an expenditure, safety zone: All navigable water within Domestic Assistance (CFDA) number we do discuss the effects of this rule 500 yards of the Barge PML2501 in the 84.373F. The Department may use this elsewhere in this preamble. lower St. Marys River, in the vicinity of priority and these requirements for Sweets Point. competitions in fiscal year (FY) 2020 F. Environment (b) Definitions. As used in this and later years. We take this action to We have analyzed this rule under section, designated representative focus attention on an identified national Department of Homeland Security means a Coast Guard Patrol need to provide technical assistance Directive 023–01, Rev. 1, associated Commander, including a Coast Guard (TA) to improve the capacity of States implementing instructions, and coxswain, petty officer, or other officer to meet the data collection requirements Environmental Planning COMDTINST operating a Coast Guard vessel and a under Parts B and C of the Individuals 5090.1 (series), which guide the Coast Federal, State, and local officer with Disabilities Education Act (IDEA). Guard in complying with the National designated by or assisting the Captain of DATES: Environmental Policy Act of 1969 (42 the Port Sault Sainte Marie (COTP) in Effective Date: This priority and these U.S.C. 4321–4370f), and have the enforcement of the safety zone. requirements are effective July 16, 2020.

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FOR FURTHER INFORMATION CONTACT: Div. A, Title III of Public Law 116–94, feasibility studies to evaluate strengths Jennifer Finch, U.S. Department of 133 Stat. 2590 (2019). and weaknesses of State fiscal reporting Education, 400 Maryland Avenue SW, Program Authority: 20 U.S.C. 1411(c), structures to meet the reporting Room 5016C, Potomac Center Plaza, 1416(i), 1418(c), and 1442; the requirements of IDEA. Washington, DC 20202–5076. Department of Defense and Labor, Discussion: The Department Telephone: (202) 245–6610. Email: Health and Human Services, and appreciates the comment, and notes that [email protected]. Education Appropriations Act, 2019, the purpose of the priority is to support If you use a telecommunications and Continuing Appropriations Act, States in collecting, reporting, and device for the deaf (TDD) or a text 2019, Div. B, Title III of Public Law determining how to best analyze and telephone (TTY), call the Federal Relay 115–245, 132 Stat. 3100 (2018); Further use their IDEA Parts B and C fiscal data to establish and meet high expectations Service (FRS), toll free, at 1–800–877– Consolidated Appropriations Act, 2020, for each child with a disability. 8339. Div. A, Title III of Public Law 116–94, 133 Stat. 2590 (2019). Additionally, the Fiscal Data Center will SUPPLEMENTARY INFORMATION: Applicable Program Regulations: 34 customize its TA and support to meet Purpose of Program: The purpose of CFR 300.702. each State’s specific needs. This support the Technical Assistance on State Data We published a notice of proposed frequently includes an evaluation of the Collection program is to improve the priority and requirements (NPP) for this strengths and weaknesses of State fiscal structures addressing IDEA fiscal capacity of States to meet IDEA data program in the Federal Register on reporting requirements. collection and reporting requirements. December 10, 2019 (84 FR 67395). The Changes: None. Funding for the program is authorized NPP contained background information and our reasons for proposing the Comment: One commenter requested under section 611(c)(1) of IDEA, which that the Department ensure an accurate gives the Secretary the authority to priority and requirements. There are no substantive differences count of students with disabilities, reserve not more than 1⁄2 of 1 percent of between the proposed priority and account for assistive technology the amounts appropriated under Part B requirements and the final priority and utilization in classrooms, track student for each fiscal year to provide TA requirements, as discussed in the transitions for both the IDEA Part B and activities authorized under section Analysis of Comments and Changes Part C programs, and invest in 616(i), where needed, to improve the section of this document. competitive integrated employment capacity of States to meet the data Public Comment: In response to our strategies. collection requirements under Parts B invitation to comment in the NPP, three Discussion: The Department and C of IDEA. The maximum amount parties submitted comments on the appreciates the comment; however, we the Secretary may reserve under this set- proposed priority and requirements. believe that the suggestions fall outside aside for any fiscal year is $25,000,000, Generally, we do not address of the scope of the Fiscal Data Center. cumulatively adjusted by the rate of technical and other minor changes. In The commenter requested that the inflation. Section 616(i) of IDEA addition, we do not address comments Department expand its data collection requires the Secretary to review the data that raised concerns not directly related rather than indicating how the Fiscal collection and analysis capacity of to the proposed priority and Data Center can provide TA to States. States to ensure that data and requirements. We note that under IDEA section 618, information determined necessary for Analysis of Comments and Changes: the Department is required to collect the implementation of section 616 of An analysis of the comments related to from States their IDEA Part B and Part IDEA are collected, analyzed, and the priority and requirements follows. C annual child count data for infants, accurately reported to the Secretary. It OSERS received comments on specific toddlers, and children with disabilities, also requires the Secretary to provide topics including support for the and that, under IDEA sections 616 and TA (from funds reserved under section proposed center, recommendations for 618, States report on IDEA Part B and 611(c)(1)), where needed, to improve the the funding of feasibility studies, and Part C transitions through their exit data capacity of States to meet the data enhanced data collection and reporting. as well as their State Performance Plan collection requirements under Parts B Each topic is addressed below. (SPP) and Annual Performance Reports and C of IDEA, which include the data (APR).1 collection and reporting requirements in General Comments Changes: None. sections 616 and 618 of IDEA. Comment: One commenter expressed Final Priority: Additionally, the Department of Defense support for the proposed Fiscal Data National Technical Assistance Center and Labor, Health and Human Services, Center. The commenter further to Improve State Capacity to Collect, and Education Appropriations Act, 2019 requested that additional resources be Report, Analyze, and Use Accurate and Continuing Appropriations Act, made available to support the Fiscal IDEA Part B and Part C Fiscal Data. 2019; and the Further Consolidated Data Center’s expanded scope The purpose of this priority is to fund Appropriations Act, 2020 give the addressing IDEA Part C fiscal data. a cooperative agreement to establish and Secretary the authority to use funds Discussion: The Department operate the National Technical reserved under section 611(c) to appreciates the commenter’s support. Assistance Center to Improve State ‘‘administer and carry out other services Centers funded under this program Capacity to Collect, Report, Analyze, and activities to improve data provide necessary and valuable and Use Accurate IDEA Part B and Part collection, coordination, quality, and technical assistance to States. The C Fiscal Data (Fiscal Data Center). use under parts B and C of the IDEA.’’ Department will establish a funding The Fiscal Data Center will provide Department of Defense and Labor, amount that is appropriate based on the TA to improve the capacity of States to Health and Human Services, and outcomes and requirements outlined in meet the IDEA Parts B and C fiscal data Education Appropriations Act, 2019, this document. and Continuing Appropriations Act, Changes: None. 1 SPP/APR data can be found at https:// Comment: One commenter osep.grads360.org/#program. Section 618 Child 2019, Div. B, Title III of Public Law Count and Exiting data can be found at https:// 115–245, 132 Stat. 3100 (2018); Further recommended that the Department www2.ed.gov/programs/osepidea/618-data/ Consolidated Appropriations Act, 2020, support the implementation of collection-documentation/index.html.

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collection requirements under IDEA documentation of State data processes); statutory and regulatory fiscal section 618 and increase States’ and providing opportunities for in- requirements, as well as knowledge of knowledge of the underlying IDEA fiscal person and virtual cross-State State and local data collection systems, requirements and calculations necessary collaboration about IDEA fiscal data as appropriate; to submit valid and reliable data for the collection and reporting requirements (2) Examine applicable national, following collections: (1) Maintenance (required under section 618 of IDEA); State, and local data to determine the of State Financial Support (MFS) in (f) Improved capacity of SEAs, LEAs, current capacity needs of SEAs, LAs, Section V of the IDEA Part B Annual LAs, and EIS programs or providers to LEAs, and EIS programs and providers State Application; (2) Local Educational collect and use IDEA fiscal data to to meet IDEA Part B and Part C fiscal Agency (LEA) Maintenance of Effort identify issues and address those issues data collection and reporting (MOE) Reduction and Coordinated Early through monitoring, TA, and requirements; Intervening Services (CEIS); (3) stakeholder involvement; and (3) Train SEAs and LAs on how to use Description of Use of Federal IDEA Part (g) Improved IDEA fiscal data IDEA section 618 fiscal data as a means C Funds for the State Lead Agency (LA) validation using results from data of both improving data quality and and the Interagency Coordinating reviews conducted by the Department to identifying programmatic strengths and Council (ICC) in Section III of the IDEA work with States and generate tools that areas for improvement; and Part C Annual State Application; and (4) can be used by States to accurately (4) Disseminate information regarding Restricted Indirect Cost Rate/Cost communicate fiscal data to local how SEAs and LAs are currently Allocation Plan Information in Sections consumers (e.g., parents, LEAs, EIS meeting IDEA fiscal data collection and III and IV of the IDEA Part C Annual programs or providers, the general reporting requirements and are using State Application. States will also public) and lead to improvements in the IDEA section 618 data as a means of receive TA from the Fiscal Data Center validity and reliability of fiscal data both improving data quality and on the underlying fiscal requirements of required by IDEA. identifying programmatic strengths and IDEA related to these collections and Types of Priorities: areas for improvement. how they impact the States’ ability to When inviting applications for a (b) Demonstrate, in the narrative meet IDEA fiscal data collection competition using one or more section of the application under requirements. priorities, we designate the type of each ‘‘Quality of project services,’’ how the priority as absolute, competitive proposed project will— Note: The Fiscal Data Center may neither preference, or invitational through a (1) Ensure equal access and treatment provide TA to States on negotiating indirect cost rate agreements with their cognizant notice in the Federal Register. The for members of groups that have Federal agencies nor act as an agent or effect of each type of priority follows: traditionally been underrepresented representative of States in such negotiations. Absolute priority: Under an absolute based on race, color, national origin, priority, we consider only applications gender, age, or disability. To meet this The Fiscal Data Center must be that meet the priority (34 CFR requirement, the applicant must designed to achieve, at a minimum, the 75.105(c)(3)). describe how it will— following outcomes: Competitive preference priority: (i) Identify the needs of the intended (a) Increased capacity of States to Under a competitive preference priority, recipients for TA and information; and collect, report, analyze, and use high- we give competitive preference to an (ii) Ensure that services and products quality IDEA Part B and Part C fiscal application by (1) awarding additional meet the needs of the intended data; points, depending on the extent to recipients of the grant; (b) Increased State knowledge of which the application meets the priority (2) Achieve its goals, objectives, and underlying statutory and regulatory (34 CFR 75.105(c)(2)(i)); or (2) selecting intended outcomes. To meet this fiscal requirements and the calculations an application that meets the priority requirement, the applicant must necessary to submit valid and reliable over an application of comparable merit provide— fiscal data under IDEA Part B and Part that does not meet the priority (34 CFR (i) Measurable intended project C; 75.105(c)(2)(ii)). outcomes; and (c) Improved fiscal infrastructure (e.g., Invitational priority: Under an (ii) In Appendix A, the logic model sample interagency agreements, invitational priority, we are particularly (as defined in 34 CFR 77.1) by which standard operating procedures and interested in applications that meet the the proposed project will achieve its templates) by coordinating and priority. However, we do not give an intended outcomes that depicts, at a promoting communication and effective application that meets the priority a minimum, the goals, activities, outputs, fiscal data collection and reporting preference over other applications (34 and intended outcomes of the proposed strategies among relevant State offices, CFR 75.105(c)(1)). project; including SEAs, LAs and other State Final Requirements: (3) Use a conceptual framework to agencies, LEAs, schools, and early The Assistant Secretary establishes develop project plans and activities, intervention service (EIS) programs or the following requirements for this describing any underlying concepts, providers; program. We may apply one or more of assumptions, expectations, beliefs, or (d) Increased capacity of States to these requirements in any year in which theories, as well as the presumed submit accurate and timely fiscal data to this program is in effect. relationships or linkages among these enhance current State validation Requirements: variables, and any empirical support for procedures to prevent errors in State- Applicants must— this framework. Include a copy of the reported IDEA data; (a) Describe, in the narrative section conceptual framework in Appendix A; (e) Increased capacity of States to of the application under ‘‘Significance,’’ train personnel to meet the IDEA fiscal how the proposed project will— Note: The following websites provide more information on logic models and conceptual data collection and reporting (1) Use knowledge of how SEAs, LAs, frameworks: www.osepideasthatwork.org/ requirements under sections 616 and LEAs, and EIS programs and providers logicModel and www.osepideasthatwork.org/ 618 of IDEA through development of are meeting IDEA Part B and Part C resources-grantees/program-areas/ta-ta/tad- effective tools and resources (e.g., fiscal data collection and reporting project-logic-model-and-conceptual- templates, tools, calculators, and requirements and the underlying framework.

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(4) Be based on current research and capacity at the State and local levels; professional development based on make use of evidence-based practices and adult learning principles and coaching; (EBPs).2 To meet this requirement, the (C) The process by which the (F) Its proposed plan for working with applicant must describe— proposed project will collaborate with appropriate levels of the education (i) The current research on fiscal data the Office of Special Education system (e.g., SEAs, regional TA management and data system Programs (OSEP)-funded centers and providers, districts, local programs, integration, and related EBPs; and other federally funded TA centers to families) to ensure that there is (ii) How the proposed project will develop and implement a coordinated communication between each level and incorporate current research and EBPs TA plan when such other centers are that there are systems in place to in the development and delivery of its involved in a State; and support the collection, reporting, products and services; (iv) Its proposed approach to analysis, and use of high-quality IDEA (5) Develop products and provide intensive, sustained TA,5 which must fiscal data as well as fiscal data services that are of high quality and identify— management and data system sufficient intensity and duration to (A) The intended recipients, integration; and achieve the intended outcomes of the including the type and number of (G) The process by which the proposed project. To address this recipients, that will receive the products proposed project will collaborate with requirement, the applicant must and services under this approach; OSEP-funded centers and other describe— (B) Its proposed approach to federally funded TA centers to develop (i) How it proposes to identify or addressing States’ challenges reporting and implement a coordinated TA plan develop the knowledge base on fiscal high-quality IDEA fiscal data to the when they are involved in a State; data management and data system Department and the public, which (6) Develop products and implement integration and the underlying fiscal should, at a minimum, include services that maximize efficiency. To requirements of IDEA; providing on-site consultants to the SEA address this requirement, the applicant (ii) Its proposed approach to or LA to— must describe— universal, general TA,3 which must (1) Assess all 57 IDEA Part C (i) How the proposed project will use identify the intended recipients, programs to determine LA technology to achieve the intended including the type and number of organizational structure and their project outcomes; recipients, that will receive the products capacity to submit valid and reliable (ii) With whom the proposed project and services under this approach; IDEA Part C fiscal data; will collaborate and the intended (iii) Its proposed approach to targeted, (2) Assess all 60 entities that receive outcomes of this collaboration; and specialized TA,4 which must identify— IDEA Part B grants to determine their (iii) How the proposed project will (A) The intended recipients, capacity to submit valid and reliable use non-project resources to achieve the including the type and number of IDEA Part B fiscal data; intended project outcomes. recipients, that will receive the products (3) Identify and document model (c) In the narrative section of the and services under this approach; practices for data management and data application under ‘‘Quality of the (B) Its proposed approach to measure system integration policies, procedures, project evaluation,’’ include an the readiness of potential TA recipients processes, and activities within the evaluation plan for the project to work with the project, assessing, at a State; developed in consultation with and minimum, their current infrastructure, (4) Develop and adapt tools and implemented by a third-party available resources, and ability to build provide technical solutions to meet evaluator.6 The evaluation plan must— State-specific data needs; and (1) Articulate formative and 2 For the purposes of this priority, ‘‘evidence- (5) Develop a sustainability plan for summative evaluation questions, based’’ means the proposed project component is the State to continue the data including important process and supported, at a minimum, by evidence that management and data system demonstrates a rationale (as defined in 34 CFR outcome evaluation questions. These integration work in the future; questions should be related to the 77.1), where a key project component included in (C) Its proposed approach to measure the project’s logic model is informed by research or project’s proposed logic model required the readiness of SEAs and LAs to work evaluation findings that suggest the project in paragraph (b)(2)(ii) of these component is likely to improve relevant outcomes. with the project, including their requirements; 3 ‘‘Universal, general TA’’ means TA and commitment to the initiative, alignment (2) Describe how progress in and information provided to independent users through of the initiative to their needs, current their own initiative, resulting in minimal fidelity of implementation, as well as infrastructure, available resources, and interaction with TA center staff and including one- project outcomes, will be measured to ability to build capacity at the State and time, invited or offered conference presentations by answer the evaluation questions. TA center staff. This category of TA also includes local levels; information or products, such as newsletters, (D) Its proposed plan to prioritize Specify the measures and associated guidebooks, or research syntheses, downloaded instruments or sources for data from the TA center’s website by independent users. States with the greatest need for intensive TA to receive products and appropriate to the evaluation questions. Brief communications by TA center staff with Include information regarding reliability recipients, either by telephone or email, are also services; considered universal, general TA. (E) Its proposed plan for assisting and validity of measures where 4 ‘‘Targeted, specialized TA’’ means TA services SEAs and LAs to build or enhance appropriate; based on needs common to multiple recipients and training systems that include (3) Describe strategies for analyzing not extensively individualized. A relationship is data and how data collected as part of established between the TA recipient and one or more TA center staff. This category of TA includes 5 ‘‘Intensive, sustained TA’’ means TA services this plan will be used to inform and one-time, labor-intensive events, such as facilitating often provided on-site and requiring a stable, strategic planning or hosting regional or national ongoing relationship between the TA center staff 6 A ‘‘third-party’’ evaluator is an independent and conferences. It can also include episodic, less labor- and the TA recipient. ‘‘TA services’’ are defined as impartial program evaluator who is contracted by intensive events that extend over a period of time, negotiated series of activities designed to reach a the grantee to conduct an objective evaluation of the such as facilitating a series of conference calls on valued outcome. This category of TA should result project. This evaluator must not have participated single or multiple topics that are designed around in changes to policy, program, practice, or in the development or implementation of any the needs of the recipients. Facilitating operations that support increased recipient capacity project activities, except for the evaluation communities of practice can also be considered or improved outcomes at one or more systems activities, nor have any financial interest in the targeted, specialized TA. levels. outcome of the evaluation.

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improve service delivery over the course ‘‘Quality of the management plan,’’ than the end of the third quarter of each of the project and to refine the proposed how— budget period; logic model and evaluation plan, (1) The proposed management plan (4) Maintain a high-quality website, including subsequent data collection; will ensure that the project’s intended with an easy-to-navigate design, that (4) Provide a timeline for conducting outcomes will be achieved on time and meets government or industry- the evaluation and include staff within budget. To address this recognized standards for accessibility; assignments for completing the plan. requirement, the applicant must (5) Include, in Appendix A, an The timeline must indicate that the data describe— assurance to assist OSEP with the will be available annually for the APR; (i) Clearly defined responsibilities for transfer of pertinent resources and and key project personnel, consultants, and products and to maintain the continuity (5) Dedicate sufficient funds in each subcontractors, as applicable; and of services to States during the budget year to cover the costs of (ii) Timelines and milestones for transition to this new award period and developing or refining the evaluation accomplishing the project tasks; at the end of this award period, as plan in consultation with a third-party (2) Key project personnel and any appropriate; and evaluator, as well as the costs associated consultants and subcontractors will be (6) Budget at least 50 percent of the with the implementation of the allocated and how these allocations are grant award for providing intensive, evaluation plan by the third-party appropriate and adequate to achieve the sustained TA. evaluator. project’s intended outcomes; This document does not preclude us (d) Demonstrate, in the narrative (3) The proposed management plan from proposing additional priorities or section of the application under will ensure that the products and requirements, subject to meeting ‘‘Adequacy of resources,’’ how— services provided are of high quality, applicable rulemaking requirements. (1) The proposed project will relevant, and useful to recipients; and Note: This document does not solicit encourage applications for employment (4) The proposed project will benefit applications. In any year in which we choose from persons who are members of from a diversity of perspectives, to use this priority and these requirements, groups that have traditionally been including those of families, educators, we invite applications through a notice in the underrepresented based on race, color, TA providers, researchers, and policy Federal Register. national origin, gender, age, or makers, among others, in its disability, as appropriate; development and operation. Executive Orders 12866, 13563, and (2) The proposed key project (f) Address the following application 13771 personnel, consultants, and requirements. The applicant must— Regulatory Impact Analysis subcontractors have the qualifications (1) Include, in Appendix A, Under Executive Order 12866, the and experience to carry out the personnel-loading charts and timelines, Office of Management and Budget proposed activities and achieve the as applicable, to illustrate the (OMB) determines whether this project’s intended outcomes; management plan described in the regulatory action is ‘‘significant’’ and, (3) The applicant and any key narrative; therefore, subject to the requirements of partners have adequate resources to (2) Include, in the budget, attendance the Executive order and subject to carry out the proposed activities; at the following: (4) The proposed costs are reasonable (i) A one and one-half day kick-off review by OMB. Section 3(f) of in relation to the anticipated results and meeting in Washington, DC, after receipt Executive Order 12866 defines a benefits, and how funds will be spent in of the award, and an annual planning ‘‘significant regulatory action’’ as an a way that increases their efficiency and meeting in Washington, DC, with the action likely to result in a rule that cost-effectiveness, including by OSEP project officer and other relevant may— reducing waste or achieving better (1) Have an annual effect on the staff during each subsequent year of the outcomes; and economy of $100 million or more, or project period; (5) The applicant will ensure that it adversely affect a sector of the economy, will recover the lesser of: (i) Its actual Note: Within 30 days of receipt of the productivity, competition, jobs, the indirect costs as determined by the award, a post-award teleconference must be environment, public health or safety, or grantee’s negotiated indirect cost rate held between the OSEP project officer and State, local, or Tribal governments or agreement with its cognizant Federal the grantee’s project director or other authorized representative; communities in a material way (also agency; and (ii) 40 percent of its referred to as an ‘‘economically modified total direct cost (MTDC) base (ii) A two- and one-half-day project significant’’ rule); as defined in 2 CFR 200.68. directors’ conference in Washington, (2) Create serious inconsistency or DC, during each year of the project Note: The MTDC is different from the total otherwise interfere with an action taken amount of the grant. Additionally, the MTDC period; and or planned by another agency; is not the same as calculating a percentage of (iii) Three annual two-day trips to (3) Materially alter the budgetary each or a specific expenditure category. If the attend Department briefings, impacts of entitlement grants, user fees, grantee is billing based on the MTDC base, Department-sponsored conferences, and or loan programs or the rights and the grantee must make its MTDC other meetings, as requested by OSEP; obligations of recipients thereof; or documentation available to the program (3) Include, in the budget, a line item (4) Raise novel legal or policy issues office and the Department’s Indirect Cost for an annual set-aside of five percent of arising out of legal mandates, the Unit. If a grantee’s allocable indirect costs exceed 40 percent of its MTDC as defined in the grant amount to support emerging President’s priorities, or the principles 2 CFR 200.68, the grantee may not recoup the needs that are consistent with the stated in the Executive order. excess by shifting the cost to other grants or proposed project’s intended outcomes, This final regulatory action is not a contracts with the U.S. Government, unless as those needs are identified in significant regulatory action subject to specifically authorized by legislation. The consultation with, and approved by, the review by OMB under section 3(f) of grantee must use non-Federal revenue OSEP project officer. With approval Executive Order 12866. Pursuant to the sources to pay for such unrecovered costs. from the OSEP project officer, the Congressional Review Act (5 U.S.C. 801 (e) Demonstrate, in the narrative project must reallocate any remaining et seq.), the Office of Information and section of the application under funds from this annual set-aside no later Regulatory Affairs designated this rule

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as not a ‘‘major rule,’’ as defined by 5 determination that their benefits justify operation, and have total annual U.S.C. 804(2). their costs. In choosing among revenue below $7,000,000. Nonprofit Under Executive Order 13771, for alternative regulatory approaches, we institutions are defined as small entities each new rule that the Department selected those approaches that if they are independently owned and proposes for notice and comment or maximize net benefits. Based on the operated and not dominant in their field otherwise promulgates that is a analysis that follows, the Department of operation. Public institutions are significant regulatory action under believes that this regulatory action is defined as small organizations if they Executive Order 12866, and that consistent with the principles in are operated by a government imposes total costs greater than zero, it Executive Order 13563. overseeing a population below 50,000. must identify two deregulatory actions. We also have determined that this The small entities that this final For FY 2020, any new incremental costs regulatory action does not unduly regulatory action will affect are SEAs; associated with a new regulation must interfere with State, local, and Tribal LEAs, including charter schools that be fully offset by the elimination of governments in the exercise of their operate as LEAs under State law; existing costs through deregulatory governmental functions. institutions of higher education (IHEs); actions. Because this regulatory action is In accordance with these Executive other public agencies; private nonprofit not significant, the requirements of orders, the Department has assessed the organizations; freely associated States Executive Order 13771 do not apply. potential costs and benefits, both and outlying areas; Indian Tribes or We have also reviewed this final quantitative and qualitative, of this Tribal organizations; and for-profit regulatory action under Executive Order regulatory action. The potential costs organizations. We believe that the costs 13563, which supplements and are those resulting from statutory imposed on an applicant by the final explicitly reaffirms the principles, requirements and those we have priority and requirements will be structures, and definitions governing determined as necessary for limited to paperwork burden related to regulatory review established in administering the Department’s preparing an application and that the Executive Order 12866. To the extent programs and activities. benefits of this final priority and these final requirements will outweigh any permitted by law, Executive Order Discussion of Potential Costs and costs incurred by the applicant. 13563 requires that an agency— Benefits (1) Propose or adopt regulations only Participation in the Technical upon a reasoned determination that The potential costs associated with Assistance on State Data Collection their benefits justify their costs this final priority would be minimal, program is voluntary. For this reason, (recognizing that some benefits and while the potential benefits are the final priority and requirements will costs are difficult to quantify); significant. The Department believes impose no burden on small entities (2) Tailor its regulations to impose the that this regulatory action does not unless they applied for funding under least burden on society, consistent with impose significant costs on eligible the program. We expect that in obtaining regulatory objectives and entities. Participation in this program is determining whether to apply for taking into account—among other things voluntary, and the costs imposed on Technical Assistance on State Data and to the extent practicable—the costs applicants by this regulatory action will Collection program funds, an eligible of cumulative regulations; be limited to paperwork burden related entity would evaluate the requirements (3) In choosing among alternative to preparing an application. The of preparing an application and any regulatory approaches, select those potential benefits of implementing the associated costs, and weigh them approaches that maximize net benefits program—including improved capacity against the benefits likely to be achieved (including potential economic, to collect, report, analyze, and use high- by receiving a Technical Assistance on environmental, public health and safety, quality fiscal data—would outweigh the State Data Collection program grant. An and other advantages; distributive costs incurred by applicants, and the eligible entity would probably apply impacts; and equity); costs of carrying out activities only if it determines that the likely (4) To the extent feasible, specify associated with the application will be benefits exceed the costs of preparing an performance objectives, rather than the paid for with program funds. For these application. behavior or manner of compliance a reasons, we have determined that the We believe that the final priority and regulated entity must adopt; and costs of implementation will not be requirements will not impose any (5) Identify and assess available excessively burdensome for eligible additional burden on a small entity alternatives to direct regulation, applicants, including small entities. applying for a grant than the entity including economic incentives—such as would face in the absence of the final user fees or marketable permits—to Paperwork Reduction Act of 1995 action. That is, the length of the encourage the desired behavior, or The final priority and requirements applications those entities would provide information that enables the contain information collection submit in the absence of the final public to make choices. requirements that are approved by OMB regulatory action and the time needed to Executive Order 13563 also requires under OMB control number 1894–0006; prepare an application will likely be the an agency ‘‘to use the best available the final priority and requirements do same. techniques to quantify anticipated not affect the currently approved data This final regulatory action will not present and future benefits and costs as collection. have a significant economic impact on accurately as possible.’’ The Office of Regulatory Flexibility Act a small entity once it receives a grant Information and Regulatory Affairs of Certification: The Secretary certifies that because it would be able to meet the OMB has emphasized that these this final regulatory action would not costs of compliance using the funds techniques may include ‘‘identifying have a significant economic impact on provided under this program. changing future compliance costs that a substantial number of small entities. Intergovernmental Review: This might result from technological The U.S. Small Business Administration program is subject to Executive Order innovation or anticipated behavioral (SBA) Size Standards define proprietary 12372 and the regulations in 34 CFR changes.’’ institutions as small businesses if they part 79. One of the objectives of the We are issuing the final priority and are independently owned and operated, Executive order is to foster an requirements only on a reasoned are not dominant in their field of intergovernmental partnership and a

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strengthened federalism. The Executive decision by the U.S. Court of Appeals adjustment regulations establishing the order relies on processes developed by for the Federal Circuit (Federal Circuit) circumstances that constitute a failure of State and local governments for in Supernus Pharm., Inc. v. Iancu an applicant to engage in reasonable coordination and review of proposed (Supernus). The Federal Circuit in efforts to conclude processing or Federal financial assistance. Supernus held that a reduction of patent examination of an application and This document provides early term adjustment must be equal to the resulting reduction of any patent term notification of our specific plans and period of time during which the adjustment (37 CFR 1.704). This actions for this program. applicant failed to engage in reasonable rulemaking specifically revises the Accessible Format: Individuals with efforts to conclude prosecution of the period of reduction of patent term disabilities can obtain this document in application. The USPTO is revising the adjustment in the provisions of 37 CFR an accessible format (e.g., braille, large provisions pertaining to reduction of 1.704 pertaining to deferral of issuance print, audiotape, or compact disc) on patent term adjustment for alignment of a patent (37 CFR 1.704(c)(2)), request to the program contact person with the Federal Circuit decision in abandonment of an application (37 CFR listed under FOR FURTHER INFORMATION Supernus. 1.704(c)(3)), submission of a preliminary CONTACT amendment (37 CFR 1.704(c)(6)), . DATES: Electronic Access to This Document: Effective date: This final rule is submission of papers after a decision by The official version of this document is effective on July 16, 2020. the Patent Trial and Appeal Board or by the document published in the Federal Applicability date: The changes in a Federal court (37 CFR 1.704(c)(9)), and Register. You may access the official this final rule apply to original utility submission of papers after a notice of edition of the Federal Register and the and plant patents issuing from allowance under 35 U.S.C. 151 (37 CFR Code of Federal Regulations at applications filed on or after May 29, 1.704(c)(10)) to specify a period of www.govinfo.gov. At this site you can 2000, in which a notice of allowance reduction corresponding to ‘‘the period view this document, as well as all other was mailed on or after July 16, 2020. from the beginning to the end of the documents of this Department applicant’s failure to engage in FOR FURTHER INFORMATION CONTACT: Kery published in the Federal Register, in reasonable efforts to conclude Fries, Senior Legal Advisor, Office of text or Portable Document Format prosecution’’ (rather than corresponding Patent Legal Administration, Office of (PDF). To use PDF you must have to the consequences to the USPTO of the Deputy Commissioner for Patent Adobe Acrobat Reader, which is the applicant’s failure to engage in Examination Policy, at telephone available free at the site. reasonable efforts to conclude number 571–272–7757. You may also access documents of the prosecution) for consistency with the Department published in the Federal SUPPLEMENTARY INFORMATION: Federal Circuit’s decision in Supernus. Register by using the article search Executive Summary 913 F.3d at 1359. This rulemaking also feature at www.federalregister.gov. revises 37 CFR 1.704(c)(10) to exclude Purpose: The USPTO is revising the Specifically, through the advanced after-allowance amendments or other rules of practice pertaining to the patent search feature at this site, you can limit after-allowance papers that are term adjustment provisions of 35 U.S.C. your search to documents published by ‘‘expressly requested by the Office’’ 154(b) in view of the decision by the the Department. from the after-allowance amendments or Federal Circuit in Supernus Pharm., Inc. other after-allowance papers that will Mark Schultz, v. Iancu, 913 F.3d 1351 (Fed. Cir. 2019). result in a reduction of patent term Commissioner, Rehabilitation Services The Federal Circuit in Supernus held adjustment under 37 CFR 1.704(c)(10). Administration. Delegated the authority to that a reduction of patent term Costs and Benefits: This rulemaking is perform the functions and duties of the adjustment under 35 U.S.C. 154(b)(2)(C) not economically significant under Assistant Secretary for the Office of Special must be equal to the period of time Executive Order 12866 (Sept. 30, 1993). Education and Rehabilitative Services. during which the applicant failed to [FR Doc. 2020–11512 Filed 6–15–20; 8:45 am] engage in reasonable efforts to conclude Background BILLING CODE 4000–01–P prosecution of the application. The Section 532(a) of the Uruguay Round regulations pertaining to a reduction of Agreements Act, or URAA (Pub. L. 103– patent term adjustment due to a failure 465, 108 Stat. 4809 (1994)), amended 35 DEPARTMENT OF COMMERCE of an applicant to engage in reasonable U.S.C. 154 to provide that the term of efforts to conclude processing or a patent ends on the date that is twenty Patent and Trademark Office examination of an application are set years from the filing date of the forth in 37 CFR 1.704. Several application, or the earliest filing date for 37 CFR Part 1 provisions in 37 CFR 1.704 (i.e., 37 CFR which a benefit is claimed under 35 [Docket No. PTO–P–2019–0019] 1.704(c)(2), (3), (6), (9), and (10)) specify U.S.C. 120, 121, or 365(c). The URAA a period of reduction corresponding to also contained provisions, codified at 35 RIN 0651–AD38 the consequences to the USPTO of the U.S.C. 154(b), for patent term extension applicant’s failure to engage in due to certain examination delays. Patent Term Adjustment Reductions in reasonable efforts to conclude Under the patent term extension View of the Federal Circuit Decision in prosecution, rather than ‘‘the period provisions of 35 U.S.C. 154(b), as Supernus Pharm., Inc. v. Iancu. from the beginning to the end of the amended by the URAA, an applicant is AGENCY: United States Patent and applicant’s failure to engage in entitled to patent term extension for Trademark Office, Department of reasonable efforts to conclude delays due to interference (which has Commerce. prosecution,’’ as provided for in since been replaced by derivation), ACTION: Final rule. Supernus. 913 F.3d at 1359. Therefore, secrecy order, or successful appellate the USPTO is revising these provisions review. See 35 U.S.C. 154(b) (1995). SUMMARY: The United States Patent and of 37 CFR 1.704 for consistency with the The American Inventors Protection Trademark Office (USPTO or Office) is Federal Circuit’s decision in Supernus. Act of 1999, or AIPA (Pub. L. 106–113, revising the rules of practice pertaining Summary of Major Provisions: This 113 Stat. 1501, 1501A–552 through to patent term adjustment in view of the rulemaking pertains to the patent term 1501A–591 (1999)), further amended 35

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U.S.C. 154(b) to include additional interpretation of the [patent term notice in May of 2019 setting out its bases for patent term extension (termed adjustment] statute’ insofar as it implementation of Supernus with ‘‘patent term adjustment’’ in the AIPA). includes ‘not only applicant conduct or respect to the provisions of 37 CFR Generally, under the patent term behavior that result in actual delay, but 1.704(c)(8) and other provisions of 37 adjustment provisions of 35 U.S.C. also those having the potential to result CFR 1.704(c) that may include ‘‘a period 154(b), as amended by the AIPA, an in delay irrespective of whether such of time during which there is no applicant is entitled to patent term delay actually occurred.’ ’’ Supernus, identifiable effort in which the adjustment for the following reasons: (1) 913 F.3d at 1356 (quoting Gilead Scis., applicant could have engaged to If the USPTO fails to take certain actions Inc. v. Lee, 778 F.3d 1341, 1349–50 conclude prosecution.’’ See Patent Term during the examination and issue (Fed. Cir. 2015)). The Federal Circuit, Adjustment Procedures in View of the process within specified time frames (35 however, held that the USPTO may not Federal Circuit Decision in Supernus U.S.C. 154(b)(1)(A)) (known as ‘‘A’’ reduce patent term adjustment by a Pharm., Inc. v. Iancu, 84 FR 20343 (May delays); (2) if the USPTO fails to issue period that exceeds the ‘‘time during 9, 2019). a patent within three years of the actual which the applicant failed to engage in While the Federal Circuit decision in filing date of the application (35 U.S.C. reasonable efforts’’ to conclude Supernus involved 37 CFR 1.704(c)(8), 154(b)(1)(B)) (known as ‘‘B’’ delays); and prosecution, specifically stating that there are several provisions in 37 CFR (3) for delays due to interference (and ‘‘[o]n the basis of the plain language of 1.704(c)(1) through (c)(14) whose period now derivation), secrecy order, or [35 U.S.C. 154(b)(2)(C)(i),] . . . the of reduction corresponds to or includes successful appellate review (35 U.S.C. [USPTO] may not count as applicant the consequences to the USPTO of the 154(b)(1)(C)) (known as ‘‘C’’ delays). See delay a period of time during which applicant’s failure to engage in 35 U.S.C. 154(b)(1). The AIPA, however, there was no action that the applicant reasonable efforts to conclude sets forth a number of conditions and could take to conclude prosecution of prosecution, rather than ‘‘the period limitations on any patent term the patent.’’ Id. at 1358. The Federal from the beginning to the end of the adjustment accrued under 35 U.S.C. Circuit specifically stated that: applicant’s failure to engage in 154(b)(1). See 35 U.S.C. 154(b)(2). 35 reasonable efforts to conclude Thus, the statutory period of PTA prosecution.’’ Supernus, 913 F.3d at U.S.C. 154(b)(2)(C) sets forth one such reduction must be the same number of days limitation, providing, in part, that ‘‘[t]he as the period from the beginning to the end 1359. Therefore, the USPTO is revising period of adjustment of the term of a of the applicant’s failure to engage in the periods of reduction of patent term patent under [35 U.S.C. 154(b)(1)] shall reasonable efforts to conclude prosecution. adjustment in 37 CFR 1.704(c) for be reduced by a period equal to the PTA cannot be reduced by a period of time consistency with the Federal Circuit’s period of time during which the during which there is no identifiable effort in decision in Supernus. The USPTO is which the applicant could have engaged to also revising 37 CFR 1.704(c)(10) to applicant failed to engage in reasonable conclude prosecution because such time efforts to conclude prosecution of the exclude after-allowance amendments or would not be ‘‘equal to’’ and would instead other after-allowance papers that are application’’ and that ‘‘[t]he Director exceed the time during which an applicant shall prescribe regulations establishing failed to engage in reasonable efforts. ‘‘expressly requested by the Office’’ the circumstances that constitute a Id. at 1359. from the after-allowance amendments or other after-allowance papers that will failure of an applicant to engage in 37 CFR 1.704(c)(1) through (c)(14) set reasonable efforts to conclude result in a reduction of patent term forth: (1) The exemplary circumstances adjustment under 37 CFR 1.704(c)(10). processing or examination of an prescribed by the USPTO ‘‘that application.’’ 35 U.S.C. 154(b)(2)(C)(i) constitute a failure of an applicant to Discussion of Specific Rules and (iii). The USPTO implemented the engage in reasonable efforts to conclude The following is a discussion of AIPA patent term adjustment provisions processing or examination of an amendments to title 37 of the Code of of 35 U.S.C. 154(b), including setting application’’ pursuant to 35 U.S.C. Federal Regulations, part 1: forth circumstances that constitute a 154(b)(2)(C)(iii); and (2) the resulting Section 1.704(c)(2) is amended to failure of an applicant to engage in period of reduction of any patent term change ‘‘the date the patent was issued’’ reasonable efforts to conclude adjustment. The Federal Circuit to ‘‘the earlier of the date a request to processing or examination of an decision in Supernus involved a terminate the deferral was filed or the application and resulting in a reduction reduction to patent term adjustment date the patent was issued.’’ The period of any patent term adjustment, in a final under the provisions of 37 CFR of reduction of patent term adjustment rule published in September of 2000. 1.704(c)(8). The period of reduction of in § 1.704(c)(2) is now as follows: ‘‘the See Changes to Implement Patent Term patent term adjustment in 37 CFR number of days, if any, beginning on the Adjustment Under Twenty-Year Patent 1.704(c)(8) is as follows: ‘‘the number of date a request for deferral of issuance of Term, 65 FR 56365 (Sept. 18, 2000) days, if any, beginning on the day after a patent under § 1.314 was filed and (AIPA patent term adjustment final the date the initial reply was filed and ending on the earlier of the date a rule). The regulations establishing the ending on the date that the request to terminate the deferral was circumstances that constitute a failure of supplemental reply or other such paper filed or the date the patent was issued.’’ an applicant to engage in reasonable was filed.’’ 37 CFR 1.704(c)(8). This Section 1.704(c)(3) is amended to efforts to conclude processing or period corresponds to ‘‘the period from change ‘‘the earlier of: (i) The date of examination of an application and the beginning to the end of the mailing of the decision reviving the resulting reduction of any patent term applicant’s failure to engage in application or accepting late payment of adjustment are set forth in 37 CFR reasonable efforts to conclude the issue fee; or (ii) The date that is four 1.704. prosecution,’’ except in the rare months after the date the grantable In January 2019, the Federal Circuit situation in which such period includes petition to revive the application or issued a decision in Supernus ‘‘a period of time during which there is accept late payment of the issue fee was pertaining to the patent term adjustment no identifiable effort in which the filed’’ to ‘‘the date the grantable petition provisions of 35 U.S.C. 154(b)(2)(C). The applicant could have engaged to to revive the application or accept late Federal Circuit confirmed that 37 CFR conclude prosecution.’’ Supernus, 913 payment of the issue fee was filed.’’ The 1.704(c)(8) ‘‘ ‘is a reasonable F.3d at 1359. The USPTO published a period of reduction of patent term

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adjustment in § 1.704(c)(3) is now as ending on date the amendment or other not a basis for considering an follows: ‘‘the number of days, if any, paper was filed.’’ information disclosure statement beginning on the date of abandonment Section 1.704(c)(10) is amended to including information that has come to or the day after the date the issue fee change ‘‘the lesser of: (i) The number of the attention of the applicant after a was due and ending on the date the days, if any, beginning on the date the notice of allowance has been given or grantable petition to revive the amendment under § 1.312 or other mailed to be a paper ‘‘expressly application or accept late payment of paper was filed and ending on the requested by the Office’’ within the the issue fee was filed.’’ mailing date of the Office action or meaning of § 1.704(c)(10). An Section 1.704(c)(6) is amended to notice in response to the amendment information disclosure statement in change ‘‘the lesser of: (i) The number of under § 1.312 or such other paper; or (ii) compliance with §§ 1.97 and 1.98, days, if any, beginning on the day after Four months’’ to ‘‘the number of days, however, will not be considered a the mailing date of the original Office if any, beginning on the day after the failure to engage in reasonable efforts to action or notice of allowance and date of mailing of the notice of conclude prosecution of the application ending on the date of mailing of the allowance under 35 U.S.C. 151 and under § 1.704(c)(10) (or § 1.704(c)(6), (8), supplemental Office action or notice of ending on the date the amendment or (9) if the information disclosure allowance; or (ii) Four months’’ to ‘‘the under § 1.312 or other paper was filed.’’ statement is accompanied by a number of days, if any, beginning on the The period of reduction of patent term statement under § 1.704(d)). Finally, an day after the date that is eight months adjustment in § 1.704(c)(10) is now as amendment under § 1.312 or other from either the date on which the follows: ‘‘the number of days, if any, paper expressly requested by the application was filed under 35 U.S.C. beginning on the day after the date of USPTO not filed within three months 111(a) or the date of commencement of mailing of the notice of allowance under from the date of mailing or transmission the national stage under 35 U.S.C. 35 U.S.C. 151 and ending on the date of the USPTO communication notifying 371(b) or (f) in an international the amendment under § 1.312 or other the applicant of such request will result application and ending on the date the paper was filed.’’ in a reduction of patent term adjustment Section 1.704(c)(10) is also amended preliminary amendment or other under § 1.704(b). to exclude ‘‘an amendment under preliminary paper was filed.’’ This Section 1.704(c) is also amended to § 1.312 or other paper expressly eight-month period corresponds to the change ‘‘mailing date’’ to ‘‘date of requested by the Office’’ from the eight-month period in § 1.704(c)(13) for mailing’’ throughout for consistency amendments under § 1.312 or other with the other regulations pertaining to placing an application in condition for papers filed after a notice of allowance AIPA patent term adjustment (§§ 1.702 examination. See Changes to Implement that will result in a reduction of patent through 1.705) and URAA patent term the Patent Law Treaty, 78 FR 62367, term adjustment under § 1.704(c)(10). extension (§ 1.701). The USPTO has 62385 (Oct. 21, 2013) (an application is Thus, an amendment under § 1.312 or been issuing Office actions and notices expected to be in condition for other paper not expressly requested by through the Electronic Office Action examination no later than eight months the USPTO (i.e., a ‘‘voluntary’’ Program since June of 2009 for patent from its filing date (or date of amendment under § 1.312 or other applicants choosing this form of commencement of the national stage in paper) after the notice of allowance will notification. See Electronic Office an international application)). The result in a reduction of patent term Action, 1343 Off. Gaz. Pat. Office 45 period of reduction of patent term adjustment under § 1.704(c)(10). An (June 2, 2009). The term ‘‘date of adjustment in § 1.704(c)(6) is now as amendment under § 1.312 or other mailing’’ as used in the regulations follows: ‘‘the number of days, if any, paper going beyond what was requested pertaining to AIPA patent term beginning on the day after the date that by the USPTO (i.e., including material adjustment and URAA patent term is eight months from either the date on not expressly requested by the USPTO extension means the mailroom/ which the application was filed under in addition to what was requested by notification date indicated on the form 35 U.S.C. 111(a) or the date of the USPTO) would not be considered PTOL–90 accompanying the Office commencement of the national stage ‘‘an amendment under § 1.312 or other action or notice communication. See under 35 U.S.C. 371(b) or (f) in an paper expressly requested by the Office’’ Electronic Office Action, 1343 Off. Gaz. international application and ending on under § 1.704(c)(10). In addition, the Pat. Office at 46 (‘‘The mailroom/ the date the preliminary amendment or phrase ‘‘expressly requested by the notification date will also be considered other preliminary paper was filed.’’ Office’’ requires a specific request in an the date of mailing of the Section 1.704(c)(9) is amended to Office action or notice, or in an correspondence for all other purposes change ‘‘the lesser of: (i) The number of Examiner’s Interview Summary (PTOL– (e.g., [§§ ] 1.71(g)(2), 1.97(b), 1.701 days, if any, beginning on the day after 413), for the amendment under § 1.312 through 1.705)’’). the mailing date of the original Office or other paper. For example, generic action or notice of allowance and language in an Office action or notice, Applicability of the Changes in This ending on the mailing date of the such as a statement in a notice of Final Rule supplemental Office action or notice of allowability containing an examiner’s The AIPA patent term adjustment allowance; or (ii) Four months’’ to ‘‘the amendment indicating that if the provisions apply to original utility and number of days, if any, beginning on the changes and/or additions are plant patents issuing from applications day after the date of the decision by the unacceptable to applicant, an filed on or after May 29, 2000 Patent Trial and Appeal Board or by a amendment may be filed as provided by (applications and patents eligible for Federal court and ending on date the § 1.312 (section 1302.04 of the Manual patent term adjustment). The changes in amendment or other paper was filed.’’ of Patent Examining Procedure (MPEP)), this final rule apply to all applications The period of reduction of patent term is not a basis for considering an and patents eligible for patent term adjustment in § 1.704(c)(9) is now as amendment under § 1.312 to be adjustment in which a notice of follows: ‘‘the number of days, if any, ‘‘expressly requested by the Office’’ allowance was mailed on or after July beginning on the day after the date of within the meaning of § 1.704(c)(10) as 16, 2020. The USPTO makes the patent the decision by the Patent Trial and adopted in this final rule. Similarly, the term adjustment determination Appeal Board or by a Federal court and provisions of §§ 1.56, 1.97, and 1.98 are indicated in the patent by a computer

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program that uses the information July 16, 2020, consistent with the or business day.’’ Accordingly, any recorded in the USPTO’s Patent changes in this final rule, if requested reduction under § 1.704(c)(6), as Application Locating and Monitoring by the patentee. adopted in this final rule, would begin (PALM) system (except when an on the day after the next succeeding Comments and Responses to Comments applicant requests reconsideration secular or business day in this situation. pursuant to § 1.705(b)). See 65 FR at The USPTO published a notice For example, if an application was filed 56381 (response to comment 25). The proposing changes to the rules of on May 18, 2019, and the USPTO USPTO is in the process of modifying practice pertaining to patent term mailed an Office action on February 28, its patent term adjustment program to adjustment in view of the decision by 2020, but the applicant had filed a implement the changes in this final rule. the Federal Circuit in Supernus. See preliminary amendment on February 17, The USPTO calculates the patent term Patent Term Adjustment Reductions in 2020, that required a supplemental adjustment manually when an applicant View of the Federal Circuit Decision in Office action addressing the preliminary requests reconsideration of a patent Supernus Pharm., Inc. v. Iancu, 84 FR amendment, the eight-month period term adjustment determination pursuant 53090 (Oct. 4, 2019). In response to the would end on Tuesday January 21, to § 1.705(b) (the fee required for a notice of proposed rulemaking, the 2020, under § 1.704(c)(6), as adopted in reconsideration of a patent term USPTO received seven comments from this final rule, because January 18 and adjustment determination pursuant to three submitters, more particularly, 19, 2020, were weekend days and § 1.705(b) partially covers the USPTO’s from an intellectual property January 20, 2020, was a Federal holiday. cost of performing a manual patent term organization, a healthcare company, and Thus, the period of reduction under adjustment determination). The USPTO an individual patent practitioner. The § 1.704(c)(6), as adopted in this final will decide any timely request for comments were supportive of the rule, would begin on Wednesday, reconsideration in compliance with proposed changes to § 1.704(c) but January 22, 2020 (i.e., Wednesday, § 1.705(b) of a patent term adjustment included specific suggestions and January 22, 2020, would be ‘‘day one’’), determination in applications and questions. The comments and the and end on February 17, 2020. patents eligible for patent term USPTO’s responses thereto follow: Comment (3): One comment requests Comment (1): One comment suggests adjustment in which a notice of clarification whether an applicant could that the USPTO confirm that the patent allowance was mailed on or after July avoid a reduction of patent term term reduction under § 1.704(c)(3) does 16, 2020, consistent with the changes in adjustment under § 1.704(c)(6) for the not apply where a notice of this final rule. submission of a preliminary amendment abandonment has been withdrawn by or other paper by having the examiner While the USPTO has adopted ad hoc the USPTO, either sua sponte or as the expressly request that the applicant procedures for seeking reconsideration result of a petition. submit the preliminary amendment or of the patent term adjustment Response: Section 1.704(c)(3) other paper. determination in the past when there addresses the situation in which an Response: Section 1.706(c)(6) does not have been changes to the interpretation abandoned application has been revived contain a provision for preliminary of the provisions of 35 U.S.C. 154(b) as (§ 1.137), whereas § 1.704(c)(4) amendments or other papers expressly a result of court decisions, these ad hoc addresses the situation in which a requested by the examiner (like procedures were adopted because holding of abandonment is withdrawn, § 1.704(c)(8)). Section 1.704(c)(6), former 35 U.S.C. 154(b)(4) provided a and § 1.704(c)(4) has not been amended however, does not result in a reduction time period for seeking judicial review in this final rule. Section 1.704(c)(4) of patent term adjustment unless the that was not related to the filing of a continues to provide that the failure to preliminary amendment or other request for reconsideration of the file a petition to withdraw the holding preliminary paper: (1) Is submitted less USPTO’s patent term adjustment of abandonment or to revive an than one month before the mailing of an determination or the date of the application within two months from the Office action under 35 U.S.C. 132 or USPTO’s decision on any request for date of mailing of a notice of notice of allowance under 35 U.S.C. reconsideration of the USPTO’s patent abandonment will result in the period of 151; and (2) requires the mailing of a term adjustment determination. See adjustment set forth in § 1.703 being supplemental Office action or notice of Revisions to Implement the Patent Term reduced by ‘‘the number of days, if any, allowance. A preliminary amendment or Adjustment Provisions of the Leahy- beginning on the day after the date two other paper expressly requested by the Smith America Invents Act Technical months from the date of mailing of a examiner should not require the mailing Corrections Act, 79 FR 27755, 27759 notice of abandonment and ending on of a supplemental Office action or (May 15, 2014). As § 1.705(b) now the date a petition to withdraw the notice of allowance. provides that its two-month time period holding of abandonment or to revive the Comment (4): One comment suggests may be extended under the provisions application was filed.’’ that the USPTO do a further study of the of § 1.136(a) (permitting an applicant to Comment (2): One comment seeks impact to § 1.704(c)(6). request reconsideration of the patent clarification whether the USPTO would Response: The eight-month period in term adjustment indicated on the patent extend the eight-month period to § 1.704(c)(6), as adopted in this final as late as seven months after the date the respond to the next business day if the rule, is consistent with the eight-month patent was granted), the USPTO is not eight-month period ends on a Saturday, period in § 1.704(c)(13), which is the adopting an ad hoc procedure for Sunday, or Federal holiday under time period at which an application is requesting a patent term adjustment proposed § 1.704(c)(6). expected to be in condition for recalculation directed to the changes in Response: Under 35 U.S.C. 21(b), examination. See 78 FR at 62385. The this final rule. The USPTO will decide ‘‘[w]hen the day, or the last day, for USPTO’s first action pendency has been any timely request for reconsideration taking any action or paying any fee in decreasing in recent years, and the in compliance with § 1.705(b) of a the United States Patent and Trademark USPTO expects that trend to continue. patent term adjustment determination in Office falls on Saturday, Sunday, or a The USPTO will monitor the impact applications and patents eligible for Federal holiday within the District of that delays in placing an application in patent term adjustment in which a Columbia, the action may be taken, or condition for examination have on first notice of allowance was mailed before fee paid, on the next succeeding secular action pendency and will adjust the

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time periods in § 1.704(c)(6) and (c)(13) § 1.704(d); (11) the resubmission by the quotation marks omitted)); Nat’l Org. of as appropriate. applicant of unlocatable paper(s) Veterans’ Advocates v. Sec’y of Veterans Comment (5): Several comments previously filed in the application Affairs, 260 F.3d 1365, 1375 (Fed. Cir. request clarification regarding (§ 1.251); (12) a request for 2001) (Rule that clarifies interpretation § 1.704(c)(10) and the submission of acknowledgment of an information of a statute is interpretive.); Bachow drawings and other papers in response disclosure statement in compliance with Commc’ns Inc. v. FCC, 237 F.3d 683, to a notice received from the USPTO. §§ 1.97 and 1.98, provided that the 690 (D.C. Cir. 2001) (Rules governing an The comments suggest that the USPTO applicant had requested that the application process are procedural should make a distinction as to whether examiner acknowledge the information under the Administrative Procedure the papers are being voluntarily disclosure statement prior to the notice Act.); Inova Alexandria Hosp. v. submitted or are being submitted in of allowance, or the request for Shalala, 244 F.3d 342, 350 (4th Cir. response to an Office action or notice acknowledgement was the applicant’s 2001) (Rules for handling appeals were from the USPTO. first opportunity to request that the procedural where they did not change Response: Section 1.704(c)(10), as examiner acknowledge the information the substantive standard for reviewing adopted in this final rule, excludes ‘‘an disclosure statement; (13) comments on claims.). Specifically, this rulemaking amendment under § 1.312 or other the substance of an interview where the revises USPTO rules that interpret paper expressly requested by the Office’’ applicant-initiated interview resulted in certain statutory provisions pertaining from the amendments under § 1.312 or a notice of allowance; and (14) letters to patent term adjustment to specify a other papers filed after a notice of related to government interests (e.g., period of reduction corresponding to allowance that will result in a reduction those between NASA and the USPTO). ‘‘the period from the beginning to the of patent term adjustment. Thus, only See Changes to Patent Term Adjustment end of the applicant’s failure to engage an amendment under § 1.312 or other in View of the Federal Circuit Decision in reasonable efforts to conclude paper not expressly requested by the in Novartis v. Lee, 80 FR 1346, 1354 prosecution’’ (rather than to the USPTO (i.e., a ‘‘voluntary’’ amendment (Jan. 9, 2015); see also MPEP 2732. The consequences to the USPTO of the under § 1.312 or other paper) after the USPTO is not changing this indication applicant’s failure to engage in notice of allowance will result in a of papers submitted after a notice of reasonable efforts to conclude reduction of patent term adjustment allowance that will not result in a prosecution) for consistency with the under § 1.704(c)(10), as adopted in this reduction of patent term adjustment Federal Circuit’s decision in Supernus. final rule. An amendment under § 1.312 under § 1.704(c)(10), except to also 913 F.3d at 1359. or other paper expressly requested by exclude ‘‘an amendment under § 1.312 Accordingly, prior notice and the USPTO filed more than three or other paper expressly requested by opportunity for public comment for the months from the date of mailing or the Office’’ from the amendments under changes in this rulemaking are not transmission of the USPTO § 1.312 or other papers filed after a required pursuant to 5 U.S.C. 553(b) or communication notifying the applicant notice of allowance that will result in a (c) or any other law. See Perez, 575 U.S. of such request, however, will result in reduction of patent term adjustment at 101 (Notice-and-comment procedures a reduction of patent term adjustment under § 1.704(c)(10). are required neither when an agency under § 1.704(b). Thus, an amendment Comment (7): One comment suggests ‘‘issue[s] an initial interpretive rule’’ nor under § 1.312 or other paper expressly that the rule change be applied ‘‘when it amends or repeals that requested by the USPTO submitted prospectively because it will alter patent interpretive rule.’’); Cooper Techs. Co. v. within three months of the date of prosecution. The comment also asks the Dudas, 536 F.3d 1330, 1336–37 (Fed. mailing or transmission of the Office USPTO to clarify what impact the rule Cir. 2008) (stating that 5 U.S.C. 553, and action or notice requiring such an changes would have on issued patents. thus 35 U.S.C. 2(b)(2)(B), do not require amendment under § 1.312 or other Response: The changes to § 1.704 in notice and comment rulemaking for paper will not result in a reduction of this final rule apply to applications and ‘‘interpretative rules, general statements patent term adjustment. patents eligible for patent term of policy, or rules of agency Comment (6): One comment asks adjustment in which a notice of organization, procedure, or practice’’ whether the proposed change to allowance was mailed on or after July (quoting 5 U.S.C. 553(b)(A))). However, § 1.704(c)(10) affects the list of other 16, 2020. The USPTO, however, will the USPTO chose to seek public papers not considered to be a failure to decide any timely request for comment before implementing the rule engage in unreasonable efforts under to benefit from the public’s input. this provision. reconsideration in compliance with Response: The USPTO has previously § 1.705(b) of a patent term adjustment B. Regulatory Flexibility Act indicated that the submission of the determination in applications and For the reasons set forth herein, the following papers after a notice of patents eligible for patent term Senior Counsel for Regulatory and allowance will not result in a reduction adjustment in which a notice of Legislative Affairs in the Office General of patent term adjustment under allowance was mailed before July 16, Law of the USPTO has certified to the § 1.704(c)(10): (1) Fee(s) Transmittal 2020 consistent with the changes in this Chief Counsel for Advocacy of the Small (PTOL–85B); (2) power of attorney; (3) final rule if requested by the patentee. Business Administration that the power to inspect; (4) change of address; Rulemaking Considerations changes adopted in this notice will not (5) change of entity status (micro/small/ have a significant economic impact on not small entity status); (6) a response A. Administrative Procedure Act a substantial number of small entities. to the examiner’s reasons for allowance The changes in this rulemaking See 5 U.S.C. 605(b). or a request to correct an error or involve rules of agency practice and This rulemaking does not impose any omission in the ‘‘Notice of Allowance’’ procedure and/or interpretive rules. See additional requirements or fees on or ‘‘Notice of Allowability’’; (7) status Perez v. Mortg. Bankers Ass’n, 575 U.S. applicants. This rulemaking also does letters; (8) requests for a refund; (9) an 92, 97 (2015) (Interpretive rules ‘‘advise not change the circumstances defined as inventor’s oath or declaration; (10) an the public of the agency’s construction constituting a failure of an applicant to information disclosure statement with a of the statutes and rules which it engage in reasonable efforts to conclude statement in compliance with administers.’’ (citation and internal processing or examination of an

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application (35 U.S.C. 154(b)(2)(C)(iii)). tailored the rule to impose the least oil, natural gas, coal, and nuclear energy This rulemaking implements the burden on society consistent with resources under Executive Order 13783 Federal Circuit’s ruling on the obtaining the regulatory objectives; (3) (Mar. 28, 2017). provisions of 35 U.S.C. 154(b)(2)(C)(i) in selected a regulatory approach that J. Executive Order 13772 (Core Supernus to reflect the applicable maximizes net benefits; (4) specified Principles for Regulating the United period of reduction in the event that performance objectives; (5) identified States Financial System) there is a failure of an applicant to and assessed available alternatives; (6) engage in reasonable efforts to conclude involved the public in an open This rulemaking does not involve processing or examination. This exchange of information and regulation of the United States financial rulemaking specifically revises the perspectives among experts in relevant system under Executive Order 13772 period of reduction of patent term disciplines, affected stakeholders in the (Feb. 3, 2017). adjustment in the provisions of 37 CFR private sector, and the public as a 1.704 pertaining to deferral of issuance whole, and provided online access to K. Executive Order 12988 (Civil Justice of a patent (37 CFR 1.704(c)(2)), the rulemaking docket; (7) attempted to Reform) abandonment of an application (37 CFR promote coordination, simplification, This rulemaking meets applicable 1.704(c)(3)), submission of a preliminary and harmonization across Government standards to minimize litigation, amendment (37 CFR 1.704(c)(6)), agencies and identified goals designed submission of papers after a decision by eliminate ambiguity, and reduce to promote innovation; (8) considered burden, as set forth in sections 3(a) and the Patent Trial and Appeal Board or by approaches that reduce burdens and a Federal court (37 CFR 1.704(c)(9)), and 3(b)(2) of Executive Order 12988 (Feb. 5, maintain flexibility and freedom of 1996). submission of papers after a notice of choice for the public; and (9) ensured allowance under 35 U.S.C. 151 (37 CFR the objectivity of scientific and L. Executive Order 13045 (Protection of 1.704(c)(10)) to specify a period of technological information and Children) reduction corresponding to ‘‘the period processes. from the beginning to the end of the This rulemaking does not concern an applicant’s failure to engage in E. Executive Order 13771 (Reducing environmental risk to health or safety reasonable efforts to conclude Regulation and Controlling Regulatory that may disproportionately affect prosecution’’ (rather than to the Costs) children under Executive Order 13045 consequences to the USPTO of the This rulemaking is not an Executive (Apr. 21, 1997). applicant’s failure to engage in Order 13771 (Jan. 30, 2017) regulatory M. Executive Order 12630 (Taking of reasonable efforts to conclude action because it is not significant under Private Property) prosecution) for consistency with the Executive Order 12866 (Sept. 30, 1993). Federal Circuit’s decision in Supernus. This rulemaking will not effect a F. Executive Order 13132 (Federalism) 913 F.3d at 1359. The changes in this taking of private property or otherwise rulemaking will not have a significant This rulemaking does not contain have taking implications under economic impact on a substantial policies with federalism implications Executive Order 12630 (Mar. 15, 1988). number of small entities because sufficient to warrant preparation of a applicants are not entitled to patent Federalism Assessment under Executive N. Congressional Review Act term adjustment that have not been Order 13132 (Aug. 4, 1999). Under the Congressional Review Act reduced by a period equal to the period G. Executive Order 13175 (Tribal provisions of the Small Business of the applicant’s failure to engage in Consultation) Regulatory Enforcement Fairness Act of reasonable efforts to conclude 1996 (5 U.S.C. 801–808), the USPTO This rulemaking will not: (1) Have processing or examination (35 U.S.C. will submit a report containing the final substantial direct effects on one or more 154(b)(2)(C)(i) and 37 CFR 1.704(a)), and rule resulting from this rulemaking and Indian tribes; (2) impose substantial because applicants may avoid adverse other required information to the U.S. direct compliance costs on Indian tribal patent term adjustment consequences by Senate, the U.S. House of governments; or (3) preempt tribal law. refraining from actions or inactions Representatives, and the Comptroller Therefore, a tribal summary impact defined as constituting a failure of an General of the Government statement is not required under applicant to engage in reasonable efforts Accountability Office. to conclude processing or examination. Executive Order 13175 (Nov. 6, 2000). O. Unfunded Mandates Reform Act of For the foregoing reasons, the changes H. Executive Order 13211 (Energy 1995 in this notice will not have a significant Effects) economic impact on a substantial number of small entities. This rulemaking is not a significant The changes set forth in this energy action under Executive Order rulemaking do not involve a Federal C. Executive Order 12866 (Regulatory 13211 because this rulemaking is not intergovernmental mandate that will Planning and Review) likely to have a significant adverse effect result in the expenditure by State, local, This rulemaking has been determined on the supply, distribution, or use of and tribal governments, in the aggregate, to be not significant under Executive energy. Therefore, a Statement of Energy of $100 million (as adjusted) or more in Order 12866 (Sept. 30, 1993). Effects is not required under Executive any one year, or a Federal private-sector Order 13211 (May 18, 2001). mandate that will result in the D. Executive Order 13563 (Improving expenditure by the private sector of Regulation and Regulatory Review) I. Executive Order 13783 (Promoting $100 million (as adjusted) or more in The USPTO has complied with Energy Independence and Economic any one year, and will not significantly Executive Order 13563 (Jan. 18, 2011). Growth) or uniquely affect small governments. Specifically, the USPTO has, to the This rulemaking does not potentially Therefore, no actions are necessary extent feasible and applicable: (1) Made burden the development or use of under the provisions of the Unfunded a reasoned determination that the domestically produced energy Mandates Reform Act of 1995. See 2 benefits justify the costs of the rule; (2) resources, with particular attention to U.S.C. 1501 et seq.

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P. National Environmental Policy Act Authority: 35 U.S.C. 2(b)(2), unless compliance with § 1.53(c)(3) to convert otherwise noted. This rulemaking will not have any the provisional application into a effect on the quality of the environment ■ 2. Section 1.704 is amended by nonprovisional application was filed; and is thus categorically excluded from revising paragraph (c) to read as follows: (6) Submission of a preliminary amendment or other preliminary paper review under the National § 1.704 Reduction of Period of Adjustment Environmental Policy Act of 1969. See less than one month before the mailing of Patent Term. of an Office action under 35 U.S.C. 132 42 U.S.C. 4321 et seq. * * * * * or notice of allowance under 35 U.S.C. Q. National Technology Transfer and (c) Circumstances that constitute a 151 that requires the mailing of a Advancement Act failure of the applicant to engage in supplemental Office action or notice of reasonable efforts to conclude The requirements of section 12(d) of allowance, in which case the period of processing or examination of an the National Technology Transfer and adjustment set forth in § 1.703 shall be application also include the following Advancement Act of 1995 (15 U.S.C. reduced by the number of days, if any, circumstances, which will result in the 272 note) are not applicable because this beginning on the day after the date that following reduction of the period of rulemaking does not contain provisions is eight months from either the date on adjustment set forth in § 1.703 to the that involve the use of technical which the application was filed under extent that the periods are not standards. 35 U.S.C. 111(a) or the date of overlapping: commencement of the national stage R. Paperwork Reduction Act (1) Suspension of action under § 1.103 under 35 U.S.C. 371(b) or (f) in an The Paperwork Reduction Act of 1995 at the applicant’s request, in which case international application and ending on (44 U.S.C. 3501 et seq.) requires that the the period of adjustment set forth in the date the preliminary amendment or USPTO consider the impact of § 1.703 shall be reduced by the number other preliminary paper was filed; paperwork and other information of days, if any, beginning on the date a (7) Submission of a reply having an collection burdens imposed on the request for suspension of action under omission (§ 1.135(c)), in which case the public. The rules of practice pertaining § 1.103 was filed and ending on the date period of adjustment set forth in § 1.703 to patent term adjustment and extension of the termination of the suspension; shall be reduced by the number of days, (2) Deferral of issuance of a patent have been reviewed and approved by if any, beginning on the day after the under § 1.314, in which case the period the Office of Management and Budget date the reply having an omission was of adjustment set forth in § 1.703 shall (OMB) under the Paperwork Reduction filed and ending on the date that the be reduced by the number of days, if Act of 1995 (44 U.S.C. 3501 et seq.) reply or other paper correcting the any, beginning on the date a request for under OMB control number 0651–0020. omission was filed; This rulemaking does not impose any deferral of issuance of a patent under (8) Submission of a supplemental additional requirements (including § 1.314 was filed and ending on the reply or other paper, other than a information collection requirements) or earlier of the date a request to terminate supplemental reply or other paper fees for patent applicants or patentees. the deferral was filed or the date the expressly requested by the examiner, Therefore, the USPTO is not patent was issued; after a reply has been filed, in which (3) Abandonment of the application or resubmitting information collection case the period of adjustment set forth late payment of the issue fee, in which packages to OMB for its review and in § 1.703 shall be reduced by the case the period of adjustment set forth approval because the changes in this number of days, if any, beginning on the in § 1.703 shall be reduced by the rulemaking do not affect the information day after the date the initial reply was number of days, if any, beginning on the filed and ending on the date that the collection requirements associated with date of abandonment or the day after the supplemental reply or other such paper the information collections approved date the issue fee was due and ending was filed; under OMB control number 0651–0020 on the date the grantable petition to (9) Submission of an amendment or or any other information collections. other paper after a decision by the Notwithstanding any other provision revive the application or accept late Patent Trial and Appeal Board, other of law, no person is required to respond payment of the issue fee was filed; (4) Failure to file a petition to than a decision designated as containing to, nor shall any person be subject to a withdraw the holding of abandonment a new ground of rejection under penalty for failure to comply with, a or to revive an application within two § 41.50(b) of this title or statement under collection of information subject to the months from the date of mailing of a § 41.50(c) of this title, or a decision by requirements of the Paperwork notice of abandonment, in which case a Federal court, less than one month Reduction Act unless that collection of the period of adjustment set forth in before the mailing of an Office action information displays a currently valid § 1.703 shall be reduced by the number under 35 U.S.C. 132 or a notice of OMB control number. of days, if any, beginning on the day allowance under 35 U.S.C. 151 that List of Subjects in 37 CFR Part 1 after the date two months from the date requires the mailing of a supplemental Administrative practice and of mailing of a notice of abandonment Office action or supplemental notice of procedure, Biologics, Courts, Freedom and ending on the date a petition to allowance, in which case the period of of information, Inventions and patents, withdraw the holding of abandonment adjustment set forth in § 1.703 shall be Reporting and record keeping or to revive the application was filed; reduced by the number of days, if any, requirements, Small businesses. (5) Conversion of a provisional beginning on the day after the date of application under 35 U.S.C. 111(b) to a For the reasons set forth in the the decision by the Patent Trial and nonprovisional application under 35 preamble, 37 CFR part 1 is amended as Appeal Board or by a Federal court and U.S.C. 111(a) pursuant to 35 U.S.C. follows: ending on date the amendment or other 111(b)(5), in which case the period of paper was filed; PART 1—RULES OF PRACTICE IN adjustment set forth in § 1.703 shall be (10) Submission of an amendment PATENT CASES reduced by the number of days, if any, under § 1.312 or other paper, other than beginning on the date the application an amendment under § 1.312 or other ■ 1. The authority citation for 37 CFR was filed under 35 U.S.C. 111(b) and paper expressly requested by the Office part 1 continues to read as follows: ending on the date a request in or a request for continued examination

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in compliance with § 1.114, after a is prior to the actual filing date of the available only in hard copy form. notice of allowance has been given or application that resulted in the patent. Publicly available docket materials are mailed, in which case the period of * * * * * available either through adjustment set forth in § 1.703 shall be www.regulations.gov or at the Andrei Iancu, reduced by the number of days, if any, Environmental Protection Agency, beginning on the day after the date of Under Secretary of Commerce for Intellectual Region 5, Air and Radiation Division, 77 Property and Director of the United States West Jackson Boulevard, Chicago, mailing of the notice of allowance under Patent and Trademark Office. 35 U.S.C. 151 and ending on the date Illinois 60604. This facility is open from [FR Doc. 2020–11786 Filed 6–15–20; 8:45 am] 8:30 a.m. to 4:30 p.m., Monday through the amendment under § 1.312 or other BILLING CODE 3510–16–P paper was filed; Friday, excluding Federal holidays and facility closures due to COVID 19. We (11) Failure to file an appeal brief in recommend that you telephone Emily compliance with § 41.37 of this chapter ENVIRONMENTAL PROTECTION Crispell, Environmental Scientist, at within three months from the date on AGENCY (312) 353–8512 before visiting the which a notice of appeal to the Patent Region 5 office. 40 CFR Part 52 Trial and Appeal Board was filed under FOR FURTHER INFORMATION CONTACT: 35 U.S.C. 134 and § 41.31 of this [EPA–R05–OAR–2019–0699; FRL–10009– Emily Crispell, Environmental Scientist, chapter, in which case the period of 87–Region 5] Control Strategies Section, Air Programs adjustment set forth in § 1.703 shall be Branch (AR–18J), Environmental Air Plan Approval; Wisconsin; Second reduced by the number of days, if any, Protection Agency, Region 5, 77 West Maintenance Plans for 1997 Ozone beginning on the day after the date three Jackson Boulevard, Chicago, Illinois NAAQS; Door County, Kewaunee months from the date on which a notice 60604, (312) 353–8512, crispell.emily@ County, Manitowoc County and of appeal to the Patent Trial and Appeal epa.gov. Board was filed under 35 U.S.C. 134 and Milwaukee-Racine Area SUPPLEMENTARY INFORMATION: § 41.31 of this chapter, and ending on AGENCY: Environmental Protection Throughout this document whenever the date an appeal brief in compliance Agency (EPA). ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean with § 41.37 of this chapter or a request ACTION: Final rule. EPA. for continued examination in compliance with § 1.114 was filed; SUMMARY: The Environmental Protection I. Background Information Agency (EPA) is approving a revision to On March 24, 2020, EPA proposed to (12) Submission of a request for the Wisconsin State Implementation approve the 1997 ozone NAAQS continued examination under 35 U.S.C. Plan (SIP). On December 13, 2019, the maintenance plans for the Door County, 132(b) after any notice of allowance Wisconsin Department of Natural Kewaunee County, Manitowoc County, under 35 U.S.C. 151 has been mailed, in Resources (WDNR) submitted the State’s and Milwaukee-Racine areas (85 FR which case the period of adjustment set plans for maintaining the 1997 ozone 16590). An explanation of the Clean Air forth in § 1.703 shall be reduced by the National Ambient Air Quality Standard Act (CAA) requirements, a detailed number of days, if any, beginning on the (NAAQS or standard) in the following analysis of the revisions, and EPA’s day after the date of mailing of the areas: Kewaunee County, Door County, reasons for proposing approval were notice of allowance under 35 U.S.C. 151 Manitowoc County, and Milwaukee- provided in the proposed rulemaking and ending on the date the request for Racine area (Kenosha, Milwaukee, and will not be restated here. The public continued examination under 35 U.S.C. Ozaukee, Racine, Washington and comment period for this proposed rule 132(b) was filed; Waukesha counties). EPA is approving ended on April 23, 2020. EPA received these maintenance plans because they (13) Failure to provide an application no comments on the proposal. in condition for examination as defined provide for the maintenance of the 1997 in paragraph (f) of this section within ozone NAAQS through the end of the II. Final Action eight months from either the date on second 10-year maintenance period. EPA is approving the Kewaunee which the application was filed under This action makes certain commitments County, Door County and Manitowoc 35 U.S.C. 111(a) or the date of related to maintenance of the 1997 County, and the Milwaukee-Racine area commencement of the national stage ozone NAAQS in these areas federally second maintenance plans for the 1997 under 35 U.S.C. 371(b) or (f) in an enforceable as part of the Wisconsin Ozone NAAQS, submitted by WDNR on SIP. EPA proposed to approve this international application, in which case December 13, 2019, as a revision to the action on March 24, 2020 and received the period of adjustment set forth in Wisconsin SIP. These second no adverse comments. § 1.703 shall be reduced by the number maintenance plans are designed to keep DATES: of days, if any, beginning on the day This final rule is effective on July the Kewaunee County area in 16, 2020. after the date that is eight months from attainment of the 1997 ozone NAAQS either the date on which the application ADDRESSES: EPA has established a through 2028, Door County and was filed under 35 U.S.C. 111(a) or the docket for this action under Docket ID Manitowoc County in attainment of the date of commencement of the national No. EPA–R05–OAR–2019–0699. All 1997 ozone NAAQS though 2030, and documents in the docket are listed on stage under 35 U.S.C. 371(b) or (f) in an the Milwaukee-Racine area in the www.regulations.gov website. international application and ending on attainment of the 1997 ozone NAAQS Although listed in the index, some the date the application is in condition through 2032. information is not publicly available, for examination as defined in paragraph i.e., Confidential Business Information III. Statutory and Executive Order (f) of this section; and (CBI) or other information whose Reviews (14) Further prosecution via a disclosure is restricted by statute. Under the CAA, the Administrator is continuing application, in which case Certain other material, such as required to approve a SIP submission the period of adjustment set forth in copyrighted material, is not placed on that complies with the provisions of the § 1.703 shall not include any period that the internet and will be publicly CAA and applicable Federal regulations.

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42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5 Manitowoc County, and Milwaukee- Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small Racine areas. These second maintenance EPA’s role is to approve state choices, Business Regulatory Enforcement plans are designed to keep the provided that they meet the criteria of Fairness Act of 1996, generally provides Kewaunee County area in attainment of the CAA. Accordingly, this action that before a rule may take effect, the the 1997 ozone NAAQS through 2028, merely approves state law as meeting agency promulgating the rule must Door County and Manitowoc County in Federal requirements and does not submit a rule report, which includes a attainment of the 1997 ozone NAAQS impose additional requirements beyond copy of the rule, to each House of the though 2030, and the Milwaukee-Racine those imposed by state law. For that Congress and to the Comptroller General area in attainment of the 1997 ozone reason, this action: of the United States. EPA will submit a NAAQS through 2032. • Is not a significant regulatory action report containing this action and other [FR Doc. 2020–11690 Filed 6–15–20; 8:45 am] subject to review by the Office of required information to the U.S. Senate, BILLING CODE 6560–50–P Management and Budget under the U.S. House of Representatives, and Executive Orders 12866 (58 FR 51735, the Comptroller General of the United October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in ENVIRONMENTAL PROTECTION January 21, 2011); the Federal Register. A major rule AGENCY • Is not an Executive Order 13771 (82 cannot take effect until 60 days after it FR 9339, February 2, 2017) regulatory is published in the Federal Register. 40 CFR Part 52 action because SIP approvals are This action is not a ‘‘major rule’’ as exempted under Executive Order 12866; defined by 5 U.S.C. 804(2). • [EPA–R03–OAR–2018–0042; FRL–10009– Does not impose an information Under section 307(b)(1) of the CAA, 54–Region 3] collection burden under the provisions petitions for judicial review of this of the Paperwork Reduction Act (44 action must be filed in the United States Approval and Promulgation of Air U.S.C. 3501 et seq.); Court of Appeals for the appropriate Quality Implementation Plans; • Is certified as not having a circuit by August 17, 2020. Filing a Maryland; Infrastructure Requirements significant economic impact on a petition for reconsideration by the for the 2010 Sulfur Dioxide National substantial number of small entities Administrator of this final rule does not Ambient Air Quality Standard under the Regulatory Flexibility Act (5 affect the finality of this action for the U.S.C. 601 et seq.); purposes of judicial review nor does it AGENCY: Environmental Protection • Does not contain any unfunded extend the time within which a petition Agency (EPA). mandate or significantly or uniquely for judicial review may be filed, and ACTION: Final rule. affect small governments, as described shall not postpone the effectiveness of in the Unfunded Mandates Reform Act such rule or action. This action may not SUMMARY: The Environmental Protection of 1995 (Pub. L. 104–4); be challenged later in proceedings to Agency (EPA) is approving portions of • Does not have federalism enforce its requirements. (See section a state implementation plan (SIP) implications as specified in Executive 307(b)(2).) submittal from the State of Maryland. Order 13132 (64 FR 43255, August 10, The submittal pertains to the basic 1999); List of Subjects in 40 CFR Part 52 program elements referred to as • Is not an economically significant Environmental protection, Air infrastructure requirements for the 2010 regulatory action based on health or pollution control, Incorporation by sulfur dioxide (SO2) National Ambient safety risks subject to Executive Order reference, Intergovernmental relations, Air Quality Standard (NAAQS or 13045 (62 FR 19885, April 23, 1997); Nitrogen dioxide, Ozone, Reporting and standard). EPA is approving certain • Is not a significant regulatory action recordkeeping requirements, Volatile elements of the infrastructure SIP subject to Executive Order 13211 (66 FR organic compounds. submittal in accordance with the 28355, May 22, 2001); Dated: May 26, 2020. requirements of the Clean Air Act • Is not subject to requirements of (CAA). Section 12(d) of the National Cheryl Newton, Technology Transfer and Advancement Deputy Regional Administrator, Region 5. DATES: This final rule is effective on July 16, 2020. Act of 1995 (15 U.S.C. 272 note) because Accordingly, 40 CFR part 52 is application of those requirements would amended as follows: ADDRESSES: EPA has established a be inconsistent with the CAA; and docket for this action under Docket ID • Does not provide EPA with the PART 52—APPROVAL AND Number EPA–R03–OAR–2018–0042. All discretionary authority to address, as PROMULGATION OF documents in the docket are listed on appropriate, disproportionate human IMPLEMENTATION PLANS the https://www.regulations.gov health or environmental effects, using website. Although listed in the index, ■ practicable and legally permissible 1. The authority citation for part 52 some information is not publicly methods, under Executive Order 12898 continues to read as follows: available, e.g., confidential business (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. information (CBI) or other information In addition, the SIP is not approved ■ 2. Section 52.2585 is amended by whose disclosure is restricted by statute. to apply on any Indian reservation land adding paragraph (kk) to read as Certain other material, such as or in any other area where EPA or an follows: copyrighted material, is not placed on Indian tribe has demonstrated that a the internet and will be publicly tribe has jurisdiction. In those areas of § 52.2585 Control strategy: Ozone. available only in hard copy form. Indian country, the rule does not have * * * * * Publicly available docket materials are tribal implications and will not impose (kk) Second maintenance plan. available through https:// substantial direct costs on tribal Approval—On December 13, 2019 www.regulations.gov, or please contact governments or preempt tribal law as Wisconsin submitted 1997 Ozone the person identified in the FOR FURTHER specified by Executive Order 13175 (65 NAAQS second maintenance plans for INFORMATION CONTACT section for FR 67249, November 9, 2000). the Kewaunee County, Door County, additional availability information.

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FOR FURTHER INFORMATION CONTACT: to measure ambient air quality levels part 51, subpart BB, for characterization 12 Marilyn Powers, Planning & and to determine compliance with the of SO2 emissions, but EPA disagrees Implementation Branch (3AD30), Air & NAAQS, in light of the requirements that the DRR requires installation of SO2 Radiation Division, U.S. Environmental under the Data Requirements Rule monitors at all six of the sources. Under Protection Agency, Region III, 1650 (DRR) for SO2. The commenter believes the DRR, states were required to submit Arch Street, Philadelphia, Pennsylvania that section 110(a)(2)(B) should be a list to EPA that identified all sources 19103. The telephone number is (215) disapproved until SO2 monitors are within the state having SO2 emissions 814–2308. Ms. Powers can also be installed at Brandon Shores, CP Crane, that exceeded a 2,000 tons per year (tpy) reached via electronic mail at Chalk Point, Herbert Wagner, Luke annual threshold during the most recent [email protected]. Paper (Luke) and Morgantown, and that year for which emissions data for that SUPPLEMENTARY INFORMATION: the data should be captured and source was available, plus any reported to EPA and the public. The additional sources identified by the air I. Background commenter also states that EPA has agency or by EPA as also warranting air On May 8, 2019 (84 FR 20070), EPA failed to take the DRR into consideration quality characterization. For each of the published a notice of proposed in its determination that section listed sources, a state was required to rulemaking (NPRM) for the State of 110(a)(2)(G) is approvable, despite its indicate by July 1, 2016, whether air Maryland. In the NPRM, EPA proposed finding that Maryland has shown under quality around the source would be approval of portions of Maryland’s section 110(a)(2)(B) that it has the characterized through ambient infrastructure SIP submittal for the 2010 ability and authority to perform SO2 air monitoring or through air quality SO2 NAAQS. The formal SIP revision quality monitoring in accordance with modeling. See 40 CFR 51.1203(b). (16–11) was submitted by Maryland on EPA’s requirements. The commenter Alternatively, the state could indicate August 17, 2016. believes that installation of monitors at that documentation would be provided by January 13, 2017, that the listed II. Summary of SIP Revision and EPA the six sources in Maryland are required source was subject to federally- Analysis under the DRR so that ambient SO2 levels near those sources can be enforceable and in effect emission On August 17, 2016, Maryland, evaluated for comparison to significant limit(s) below 2,000 tpy or a shutdown. through the Maryland Department of the harm levels for SO2, and that EPA If the state chose to install new SO2 Environment (MDE) formally submitted should not approve section 110(a)(2)(B) monitor(s), the state was required to a SIP revision to satisfy certain and (G) until Maryland installs more include information about the new infrastructure requirements of section SO monitors and reports the monitored monitors in the annual monitoring 2 110(a) of the CAA for the 2010 SO2 data to EPA and the public. network plan (AMNP) by July 1, 2016, NAAQS. The SIP submittal addressed and to ensure that the new monitor(s) Response 1: The commenter refers to the following infrastructure elements for were operational by January 1, 2017. If the section 110(a)(2)(G) requirement in the 2010 SO2 NAAQS: CAA section the state chose to model a source, the the context of SO air quality 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), 2 modeling protocol was required to be monitoring and the DRR. Section D(ii), (E), (F), (G), (H), (J), (K), (L), and submitted by July 1, 2016. (M). As explained in the NPRM, EPA is 110(a)(2)(G) requires that state On June 30, 2016, Maryland not taking action in this rulemaking implementation plans have emergency submitted a letter notifying EPA of the related to Maryland’s submittal for the authority comparable to that contained State’s selected methods for in section 303 of the CAA, and adequate interstate transport requirement of characterizing the SO2 emissions for the section 110(a)(2)(D)(i)(I). EPA is taking contingency plans to implement such six sources named by the commenter.3 authority. In the proposed rule for this action on Maryland’s 2010 1-hour SO2 The letter identified modeling as the NAAQS infrastructure submission action, the technical support document method for characterizing five of the related to the section 110(a)(2)(D)(i)(I) lays out EPA’s rationale for proposing sources, and monitoring for requirements in a separate rulemaking. approval of Maryland’s submittal for characterizing the Luke facility.4 The NPRM and the Technical Support section 110(a)(2)(G). The SIP-approved Document (TSD) provided EPA’s review Maryland regulations COMAR 1 Letter dated January 5, 2016 from Larry Hogan, and rationale for proposing approval of 26.11.05.03 and 26.11.05.04 establish Maryland Governor to Shawn Garvin, Regional criteria for addressing emergency Administrator recommending sources in Maryland portions of Maryland’s submittal and subject to the DRR, available in the docket for this will not be restated here. The TSD is episodes of SO2 in the State. However, rulemaking action or at https://www.epa.gov/sites/ available online at www.regulations.gov, because the comment pertains to air production/files/2016-06/documents/md.pdf. Docket ID Number EPA–R03–OAR– quality monitoring, EPA believes that 2 Letter dated March 16, 2016 from Shawn 2018–0042. the commenter mistakenly cited to Garvin, Regional Administrator to Benjamin H. section 110(a)(2)(G) and instead meant Grumbles, Maryland Secretary, agreeing with the III. Public Comments and EPA’s Maryland recommendation, available in the docket to cite to the monitoring requirements for this rulemaking action, or at https:// Responses under section 110(a)(2)(F), which www.epa.gov/sites/production/files/2016-06/ One anonymous commenter provided pertain to the installation, maintenance, documents/md-response.pdf. comments in response to the May 8, and replacement of equipment, and the 3 Available at https://www.epa.gov/sites/ production/files/2016-07/documents/maryland_ 2019 proposed approval. EPA’s implementation of stationary source source_characterization.pdf. responses to the comments are provided monitoring, periodic reports on 4 Three of the listed sources (Brandon Shores, CP in this document. The full text of the emissions and emissions-related data Crane, and Herbert A. Wagner) that the State chose comment is in the docket for this final from such sources, and correlation of the modeling pathway for are located in an area that EPA designated nonattainment under the 2010 SO2 rule. the reports with any emissions NAAQS in July 2016 after consideration of all Comment 1: The commenter limitations or standards. The section available modeling, including modeling submitted questions the validity of EPA’s 110(a)(2)(F) requirement is discussed by the State. See Air Quality Designations for the statement in the TSD under CAA later in this response. EPA agrees that 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard—Round 2 (81 FR section 110(a)(2)(B) that Maryland the six sources identified by the 45039, July 12, 2016). For the reasons explained in maintains and operates a network of commenter were listed by the State this response regarding listed sources for which a ambient monitors throughout the State under the DRR requirements, 40 CFR state chose the modeling pathway, EPA disagrees

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Maryland’s 2016 AMNP includes the DRR sources, and Maryland chose to of reports to the standard. Section 2–103 following narrative of the chosen option model for certain sources. With this in and 2–301 of the Environment Article, to characterize SO2 concentrations mind, EPA found that for SO2, Annotated Code of Maryland, provides around each of these sources, as follows: Maryland’s monitoring network is the authority for monitoring of air ‘‘This final rule gives air agencies the sufficient under section 110(a)(2)(B) to emissions for sources in the State and flexibility to characterize air quality monitor, compile and analyze data on for adopting regulations to control air using either modeling of actual source SO2 ambient data, and Maryland does pollution, including testing, monitoring, emissions or using appropriately sited provide monitored or modeled data to record keeping, and emissions reporting ambient air quality monitors. At the EPA upon request. The TSD for the requirements. Under this authority, time of this publication, all sources NPRM provides EPA’s analysis of how Maryland has adopted, and EPA has except Verso Luke Mill are expected to Maryland’s submittal met the approved into the Maryland SIP, model their emissions. Verso Luke Mill requirements for section 110(a)(2)(B) provisions of Code of Maryland submitted a draft monitoring plan to and 110(a)(2)(F). Maryland’s authority (COMAR) 26.11—Air Quality that MDE in March 2016. When Verso Luke to monitor and analyze ambient air require the installation, maintenance, Mill has submitted a complete package quality is found in sections 2–103(b)(2) and replacement of equipment, and the of material describing their proposed and 2–301(a)(1) of the Environment implementation of other necessary steps monitoring plan, an addendum to this Article, Annotated Code of Maryland. by stationary sources for testing, Network Plan will be published and The ambient air quality standards, monitoring, recordkeeping, and made available for a separate 30-day definitions, reference conditions, and reporting of emissions. This SIP- public comment period. The same July methods of measurement have been approved requirement of COMAR 26.11 2016 submission deadline to EPA will approved into the SIP and are found also establishes the authority needed to apply to this addendum.’’ 5 This under COMAR 26.11.04.02. Regarding require sources to provide for periodic language in the AMNP notes that the the validity of Maryland’s SO2 reports on the nature and amount of DRR provides Maryland the flexibility monitoring network under 110(a)(2)(B), emissions from such sources. Also to choose between modeling and EPA affirms that Maryland maintains relevant to the requirements of section monitoring for each source subject to and operates a network of ambient SO2 110(a)(2)(F) is section .04(B)(4) of the requirements of the DRR, which monitors throughout the State meeting Maryland regulation COMAR 26.11.01— Maryland exercised in its decision to the requirements of the DRR and other Testing and Monitoring, which requires use air quality modeling to characterize applicable requirements, to measure that all testing and monitoring reports five sources’ SO2 emissions and ambient air quality levels and to submitted to MDE under this section be monitoring to characterize Luke’s SO2 determine compliance with the NAAQS. available for public inspection, and emissions. The DRR does not mandate As required by 40 CFR 58.10, Maryland Maryland makes the monitoring data installation of SO2 monitors at the submits an AMNP annually to EPA that available to the public in real time at sources Maryland chose to characterize details any modifications to the this site: https://mde.maryland.gov/ through air quality modeling. To meet sampling network. Maryland also programs/Air/AirQualityMonitoring/ the modeling pathway for Chalk Point submits a periodic network assessment Pages/index.aspx. The TSD for the and Morgantown Generating Stations, to EPA every five years to determine if NPRM details EPA’s analysis of Maryland submitted a modeling the network meets the monitoring Maryland’s submission related to analysis for the area surrounding each objectives defined in 40 CFR part 58, section 110(a)(2)(B) and 110(a)(2)(F), source on December 19, 2016, prior to appendix D, and to determine whether and EPA’s determination that the the January 13, 2017 submission date (1) new sites are needed, (2) existing Maryland’s submittal meets the required by the DRR. Before the sites are no longer needed and can be requirements for these sections. modeling analysis was submitted to terminated, and (3) new technologies Comment 2: The commenter stated EPA, a modeling protocol was are appropriate for inclusion into the that EPA should provide air quality data developed to outline the procedures to network. As required by 40 CFR 51.320, to the public so the public does not have follow for the modeling analysis. To Maryland submits all ambient air to guess when facilities are polluting the meet the monitoring pathway for Luke quality data and associated quality air, and that monitoring network plans in Allegany County, Maryland installed assurance data for SO2 to EPA’s Air and modifications to the plans should three monitors to characterize the SO 2 Quality System (AQS) in accordance be made public as well. The commenter emissions around Luke, including one with the schedule prescribed by EPA in also states that EPA should require monitor in West Virginia. The new 40 CFR 58.16. The 2016, 2017, and 2018 monitoring network plans be made monitors began operation on January 1, AMNP plans are provided in the docket available to the public for comment so 2017. 6 for this rulemaking. Therefore, the the public can litigate based on EPA also disagrees with the comment NPRM proposed to determine that unbiased publicly available data. that section 110(a)(2)(B) and 110(a)(2)(F) Maryland met the requirements under Response 2: The quality-assured, should be disapproved because of a lack section 110(a)(2)(B) of the CAA. certified monitoring data collected by of SO2 monitors, which the commenter Regarding section 110(a)(2)(F), EPA the State is provided to the public. believes is required under the DRR. As finds that Maryland’s SIP contains Maryland makes the monitoring data discussed above, the DRR provides authority meeting the requirements to available to the public in real time at states the option to either model or require sources to install, maintain and this site: https://mde.maryland.gov/ monitor SO2 emissions around listed replace equipment necessary to monitor programs/Air/AirQualityMonitoring/ emissions from sources, the Pages/index.aspx. After Maryland that the DRR required monitors to characterize SO2 requirements to provide for periodic submits the certified monitoring data to emissions around Brandon Shores, CP Crane, and reports on the nature and amount of Herbert A. Wagner. EPA, EPA reviews the data, then posts emissions from sources, and correlation 5 The ‘‘publication’’ referred to is the AMNP as the emissions data to EPA’s AQS. The published in the Maryland Register. The AMNP lists all six of the sources named by the commenter, 6 The 2016, 2017, and 2018 AMNP Plans were AQS air monitoring data can be found with Luke as the only source to be characterized by approved by EPA November 10, 2016, November at this site: https://www.epa.gov/aqs. monitoring. 17, 2017, and October 26, 2018, respectively. EPA posts monitoring data and

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summary reports at this site: https:// single SIP submission, and whether EPA as the Administrator may prescribe by www.epa.gov/outdoor-air-quality-data. must act upon such SIP submission in regulation.’’ The regulations at 40 CFR Regarding public notice for the a single action. Although section part 54 require that a notice of intent to AMNP, EPA regulations at 40 CFR part 110(a)(1) directs states to submit ‘‘a sue be served on the Administrator by 58, subpart B, require among other plan’’ to meet these requirements, EPA certified mail. 40 CFR 54.2(a). Title 40 things that the state provide the AMNP interprets the CAA to allow states to CFR 54.3 specifies the content of such for public inspection for at least 30 days make multiple SIP submissions notice and requires, among other things, prior to submission to EPA. 40 CFR separately addressing infrastructure SIP the full name and address of the person 58.10(a)(1). Maryland did provide a 30- elements for the same NAAQS. If states giving notice. So, a citizen intending to day public comment period on the 2016 elect to make such multiple SIP file a notice of intent to sue on EPA’s AMNP, therefore, the public does have submissions to meet the infrastructure mandatory duty to act on any portion of an opportunity to comment on SIP requirements, EPA can elect to act the Maryland submittal is required to do Maryland’s AMNP at the state level. The on such submissions either individually so via certified mail directly to monitors installed to characterize SO2 or in a larger combined action. Administrator, which would also need emissions around the Luke facility are Similarly, EPA interprets the CAA to to meet the other requirements specified required to continue in operation to allow it to take action on the individual in 40 CFR part 54. EPA, therefore, does report ambient data and may not be shut parts of one larger, comprehensive not consider this comment as meeting down unless the monitor meets specific infrastructure SIP submission for a the requirements for notice of a criteria under § 51.1203(c)(3) and 40 given NAAQS without concurrent mandatory duty suit. CFR part 58. Under 40 CFR 58.10, action on the entire submission. Comment 4: The commenter AMNPs must go through Maryland’s Therefore, EPA has sometimes elected questions EPA’s proposed approval of public process. Under 40 CFR 58.14, to act at different times on various section 110(a)(2)(E) based on Maryland’s modifications to the SO2 monitoring elements and sub-elements of the same staff of 43 people, and that EPA needs network outside of the AMNP require infrastructure SIP submission. to clarify whether these 43 individuals approval by the Regional Administrator This is discussed in the guidance are working on only the SO2 SIP or if of EPA. issued on September 13, 2013 (2013 they also have other work Comment 3: The commenter Infrastructure Guidance).8 The 2013 responsibilities. The commenter questions why EPA has not yet taken Infrastructure Guidance explains that believes that EPA should show that action on section 110(a)(2)(D)(i)(I), and EPA has historically, when reviewing these 43 people are able to handle all also questions EPA’s policy of taking infrastructure SIP submissions, operated their assigned duties. The commenter separate, later action on the portion of on the basis that the elements and sub- also questions EPA’s determination that the Maryland submittal related to this elements of section 110(a)(2) for a given MDE has adequate funding without an section. In particular, the commenter NAAQS are, for the most part, severable. analysis of MDE’s revenue and expenses notes that EPA has had the submittal EPA intends to continue its practice of and believes that EPA should perform a since August 17, 2016, should have acting on infrastructure SIP elements financial audit of MDE to ensure the taken action by now, and should not be together or separately, as appropriate, State has adequate funding to perform delaying action for a later date. The including in this instance, where EPA is their obligations under the CAA. commenter notes that Maryland had Response 4: As stated in the TSD for taking separate action on the section until June 2, 2013 to submit this SIP and the NPRM, EPA’s evaluation indicates 110(a)(2)(D)(i)(I) portion of Maryland’s that EPA had 18 months after that to that the State of Maryland has the submittal.9 take final action on these SIPs, i.e. staffing and funding resources to meet December 2, 2014. The commenter EPA acknowledges that it has not met SIP obligations under section states that EPA must take action on this the statutory date for action on this 110(a)(2)(E). Maryland’s budget and staff section as soon as possible to prevent Maryland submittal. However, this level has been consistent over the past harmful air pollution from negatively action will discharge EPA’s statutory number of years and over these years, impacting neighboring states like obligation related to section Maryland has been able to meet its Delaware, the District of Columbia, 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), statutory commitments, including Pennsylvania, New Jersey, West (E), (F), (G), (H), (J), (K), (L), and (M) of submission of required air quality data Virginia, and Virginia. The commenter the CAA. With regard to this comment and annual monitoring network plans. also states that this comment serves as as a notice of intent to sue on the Maryland has an EPA-approved fee a notice of intent to sue on EPA’s failure section 110(a)(2)(D)(i)(I) portion of the program under CAA title V which is to act on this section of the CAA within submittal, section 304(a) of CAA sets used to support title V program the statutory time frame. forth the circumstances under which a elements such as permitting, Response 3: EPA’s approach to citizen can sue under the CAA. monitoring, testing, inspections, and reviewing and taking action on However, section 304(b) states that no enforcement. EPA conducts periodic infrastructure SIPs is discussed in action can be commenced ‘‘prior to 60 title V fee and program audits in numerous past infrastructure days after the plaintiff has given notice accordance with generally accepted rulemaking actions.7 In these past of such action to the Administrator.’’ government auditing standards. actions, EPA explained an ambiguity in Section 304(b)(2) stipulates that such Maryland regulation COMAR section 110(a)(1) and (2) with respect to notice ‘‘shall be given in such manner 26.11.02.19 provides fee schedules and infrastructure SIPs pertaining to other relevant fee information regarding whether states must meet all of the 8 ‘‘Guidance on Infrastructure State title V permits and state permits to Implementation Plan (SIP) Elements under Clean infrastructure SIP requirements in a Air Act Sections 110(a)(1) and 110(a)(2),’’ operate. Additionally, MDE receives Memorandum from Stephen D. Page, September 13, grant funding annually from EPA 7 As an example, See Approval and Promulgation 2013. through CAA section 105 to assist the of Air Quality Implementation Plans; Pennsylvania; 9 In a separate action on April 22, 2020 (85 FR State with the costs of implementing Infrastructure Requirements for the 2010 Nitrogen 22381), EPA proposed to disapprove the portion of Dioxide and 2012 Fine Particulate Matter National Maryland’s August 17, 2016 infrastructure SIP programs for the prevention and control Ambient Air Quality Standards (80 FR 26461, May submittal for section 110(a)(2)(D)(i)(II) related to of air pollution or implementation of 8, 2015). interstate transport of emissions. national primary and secondary ambient

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air quality standards. The CAA section V. Statutory and Executive Order November 9, 2000), because the SIP is 105 grant funding MDE receives goes Reviews not approved to apply in Indian country through an evaluation process under the located in the State, and EPA notes that A. General Requirements requirements of 40 CFR part 35, subpart it will not impose substantial direct A, which call for the State and EPA to Under the CAA, the Administrator is costs on tribal governments or preempt jointly evaluate and report progress and required to approve a SIP submission tribal law. accomplishments under the work plan. that complies with the provisions of the B. Submission to Congress and the Maryland also has various permit CAA and applicable Federal regulations. Comptroller General programs that are self-funded as they 42 U.S.C. 7410(k); 40 CFR 52.02(a). apply fees for permit applications. Most Thus, in reviewing SIP submissions, The Congressional Review Act, 5 of these permit program fees can be EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small adjusted if the State determines that the provided that they meet the criteria of Business Regulatory Enforcement fee does not cover the reasonable costs the CAA. Accordingly, this action Fairness Act of 1996, generally provides of reviewing and acting upon the permit merely approves state law as meeting that before a rule may take effect, the applications. Federal requirements and does not agency promulgating the rule must In addition to the EPA programs impose additional requirements beyond submit a rule report, which includes a through which funding is received, those imposed by state law. For that copy of the rule, to each House of the reason, this action: Congress and to the Comptroller General MDE’s infrastructure SIP submission • identifies the organizations that Is not a ‘‘significant regulatory of the United States. EPA will submit a participate in developing, action’’ subject to review by the Office report containing this action and other implementing, and enforcing the EPA- of Management and Budget under required information to the U.S. Senate, approved SIP provisions related to a Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and new or revised NAAQS and the October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United January 21, 2011); States prior to publication of the rule in associated resources. Maryland’s • Environmental Trust Fund, Is not an Executive Order 13771 (82 the Federal Register. A major rule administered by the Maryland FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it Department of Natural Resources (DNR), action because SIP approvals are is published in the Federal Register. provides Maryland with annual funding exempted under Executive Order 12866. This action is not a ‘‘major rule’’ as • Does not impose an information that is used by the State to conduct air defined by 5 U.S.C. 804(2). collection burden under the provisions quality modeling, and also funds the of the Paperwork Reduction Act (44 C. Petitions for Judicial Review Maryland Power Plan Research U.S.C. 3501 et seq.); Program. Also, the Public Service Under section 307(b)(1) of the CAA, • Is certified as not having a petitions for judicial review of this Commission (PSC) collects application significant economic impact on a fees from power plants to fund its action must be filed in the United States substantial number of small entities Court of Appeals for the appropriate regulatory program. Based on a review under the Regulatory Flexibility Act (5 of the existing resources, EPA has circuit by August 17, 2020. Filing a U.S.C. 601 et seq.); petition for reconsideration by the concluded that Maryland has met the • Does not contain any unfunded funding requirements of section Administrator of this final rule does not mandate or significantly or uniquely affect the finality of this action for the 110(a)(2)(E) and has adequate personnel affect small governments, as described to implement the SIP. purposes of judicial review nor does it in the Unfunded Mandates Reform Act extend the time within which a petition IV. Final Action of 1995 (Pub. L. 104–4); for judicial review may be filed, and • Does not have federalism EPA is approving Maryland’s August shall not postpone the effectiveness of implications as specified in Executive such rule or action. This action 17, 2016 infrastructure SIP submission Order 13132 (64 FR 43255, August 10, which addresses the basic program approving portions of Maryland’s 1999); infrastructure SIP submittal for the 2010 elements, or portions thereof, specified • Is not an economically significant SO2 NAAQS may not be challenged in sections 110(a)(2)(A), (B), (C), regulatory action based on health or (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), later in proceedings to enforce its safety risks subject to Executive Order requirements. (See section 307(b)(2)). (L), and (M) of the CAA, necessary to 13045 (62 FR 19885, April 23, 1997); implement, maintain, and enforce the • Is not a significant regulatory action List of Subjects in 40 CFR Part 52 2010 SO NAAQS. EPA is approving 2 subject to Executive Order 13211 (66 FR Environmental protection, Air Maryland’s infrastructure SIP submittal 28355, May 22, 2001); pollution control, Incorporation by for the 2010 SO NAAQS for these • 2 Is not subject to requirements of reference, Intergovernmental relations, elements. As noted previously, EPA is Section 12(d) of the National Reporting and recordkeeping taking separate action on the portion of Technology Transfer and Advancement requirements, Sulfur oxides. the MDE submittal related to transport Act of 1995 (15 U.S.C. 272 note) because i.e., section 110(a)(2)(D)(i)(I). Maryland’s application of those requirements would Dated: May 26, 2020. submittal did not address section be inconsistent with the CAA; and Cosmo Servidio, 110(a)(2)(I) or the nonattainment new • Does not provide EPA with the Regional Administrator, Region III. source review (NNSR) permitting discretionary authority to address, as Accordingly, 40 CFR part 52 is program requirements of section appropriate, disproportionate human amended as follows: 110(a)(2)(C), which pertain to the health or environmental effects, using nonattainment planning requirements of practicable and legally permissible PART 52—APPROVAL AND part D of the CAA. States are required methods, under Executive Order 12898 PROMULGATION OF to submit those nonattainment area (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS requirements under a different timeline In addition, this rule does not have as statutorily required under part D of tribal implications as specified by ■ 1. The authority citation for part 52 the CAA. Executive Order 13175 (65 FR 67249, continues to read as follows:

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Authority: 42 U.S.C. 7401 et seq. ‘‘Section 110(a)(2) Infrastructure § 52.1070 Identification of plan. Requirements for the 2010 SO2 * * * * * Subpart V—Maryland NAAQS’’ at the end of the table to read (e) * * * ■ 2. In § 52.1070, the table in paragraph as follows: (e) is amended by adding the entry

Applicable State Name of non-regulatory geographic submittal EPA approval date Additional explanation SIP revision area date

******* Section 110(a)(2) Infra- Statewide .... 08/17/16 6/16/20, [insert Federal § 52.1070 is amended. This action addresses the fol- structure Requirements Register citation]. lowing CAA elements: 110(a)(2)(A), (B), (C), for the 2010 SO2 (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and NAAQS. (M). This action does not address CAA sections 110(a)(D)(i)(I) and 110(a)(2)(I), nor does it address the portion of section 110(a)(2)(C) related to NNSR.

[FR Doc. 2020–11643 Filed 6–15–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. (including potential economic, BILLING CODE 6560–50–P Rafael N. Taylor, Senior Procurement environmental, public health and safety Analyst, Procurement Policy and effects, and other advantages; Warrant Management Services, 003A2A, distributive impacts; and equity). E.O. 425 I Street NW, Washington, DC 20001, 13563 (Improving Regulation and DEPARTMENT OF VETERANS (202) 382–2787. (This is not a toll-free Regulatory Review) emphasizes the AFFAIRS number.) importance of quantifying both costs SUPPLEMENTARY INFORMATION: and benefits, reducing costs, 48 CFR Parts 804, 805, 849, and 852 harmonizing rules, and promoting Background flexibility. The Office of Information RIN 2900–AQ77 On February 13, 2020, VA published and Regulatory Affairs has determined VA Acquisition Regulation: a proposed rule in the Federal Register that this rule is not a significant Administrative and Information (85 FR 8242) which announced VA’s regulatory action under Executive Order Matters; Publicizing Contract Actions; intent to amend regulations for VAAR 12866. VA’s impact analysis can be found as and Termination of Contracts Case RIN 2900–AQ77 (parts 804, 805, 849, and 852). VA provided a 60-day a supporting document at http:// AGENCY: Department of Veterans Affairs. comment period for the public to www.regulations.gov, usually within 48 hours after the rulemaking document is ACTION: Final rule. respond to the proposed rule and published. Additionally, a copy of the submit comments. The comment period rulemaking and its impact analysis are SUMMARY: The Department of Veterans for the proposed rule ended on April 13, available on VA’s website at http:// Affairs (VA) is amending and updating 2020 and VA received no comments. www.va.gov/orpm/, by following the its VA Acquisition Regulation (VAAR) This rule adopts as a final rule, without link for ‘‘VA Regulations Published in phased increments to revise or changes, the proposed rule published in From FY 2004 Through Fiscal Year to remove any policy superseded by the Federal Register on February 13, Date.’’ changes in the Federal Acquisition 2020. Regulation (FAR), to remove procedural This final rule is not subject to the guidance internal to VA into the VAAM, Technical Non-Substantive Changes to requirements of E.O. 13771 because this and to incorporate any new agency the Proposed Rule rule is not significant under E.O. 12866. specific regulations or policies. These This rule makes one non-substantive Paperwork Reduction Act changes seek to align the VAAR with change to the proposed rule to ensure This final rule contains no provisions the FAR and remove outdated and compliance with the FAR. A recent constituting a collection of information duplicative requirements and reduce update in 84 FR 40220, dated Aug. 13, under the Paperwork Reduction Act of burden on contractors. The VAAM 2019, revised the FAR part 4 heading 1995 (44 U.S.C. 3501–3521). incorporates portions of the removed from ‘‘Administrative Matters’’ to VAAR as well as other internal agency ‘‘Administrative and Information Regulatory Flexibility Act acquisition policy. VA will rewrite Matters.’’ This final rule includes this The Secretary hereby certifies that certain parts of the VAAR and VAAM, technical non-substantive change to the this final rule will not have a significant and as VAAR parts are rewritten, will heading under 804 to ‘‘Administrative economic impact on a substantial publish them in the Federal Register. In and Information Matters.’’ number of small entities as they are particular, this rulemaking revises defined in the Regulatory Flexibility Act Executive Orders 12866, 13563, and VAAR coverage concerning (5 U.S.C. 601–612). This rulemaking 13771 Administrative and Information Matters, does not change VA’s policy regarding Publicizing Contract Actions, and Executive Orders (E.O.s) 12866 and small businesses, does not have an Termination of Contracts, as well as an 13563 direct agencies to assess all costs economic impact to individual affected part concerning Solicitation and benefits of available regulatory businesses, and there are no increased Provisions and Contract Clauses. alternatives and, when regulation is or decreased costs to small business DATES: This rule is effective on July 16, necessary, to select regulatory entities. On this basis, the final rule 2020. approaches that maximize net benefits would not have an economic impact on

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a substantial number of small entities as Subpart 804.1—[Removed and PART 852—SOLICITATION they are defined in the Regulatory Reserved] PROVISIONS AND CONTRACT Flexibility Act, 5 U.S.C. 601–612. CLAUSES Therefore, pursuant to 5 U.S.C. 605(b), ■ 3. Subpart 804.1, consisting of ■ 9. The authority citation for part 852 this rulemaking is exempt from the sections 804.101 and 804.1102, is continues to read as follows: initial and final regulatory flexibility removed and reserved. analysis requirements of 5 U.S.C. 603 Authority: 38 U.S.C. 8127–8128, and and 604 do not apply. ■ 4. Subpart 804.13 is added to read as 8151–8153; 40 U.S.C. 121(c); 41 U.S.C. follows: 1121(c)(3), 41 U.S.C. 1303; 41 U.S.C. 1702; Unfunded Mandates and 48 CFR 1.301 through 1.304. The Unfunded Mandates Reform Act Subpart 804.13—Personal Identity of 1995 requires, at 2 U.S.C. 1532, that Verification Subpart 852.2—Text of Provisions and agencies prepare an assessment of Clauses anticipated costs and benefits before 804.1303 Contract clause. ■ 10. Section 852.204–70 is added to issuing any rule that may result in the The contracting officer shall insert the read as follows: expenditure by State, local, and tribal clause at 852.204–70, Personal Identity governments, in the aggregate, or by the Verification of Contractor Personnel, in 852.204–70 Personal Identity Verification private sector, of $100 million or more solicitations and contracts that require of Contractor Personnel. (adjusted annually for inflation) in any contractor employees to have routine As prescribed in 804.1303, insert the one year. This final rule would have no access to a VA facility or to VA following clause: such effect on State, local, and tribal information systems. This clause is used governments or on the private sector. PERSONAL IDENTITY VERIFICATION in conjunction with FAR clause 52.204– OF CONTRACTOR PERSONNEL (MAY Congressional Review Act 9, Personal Identity Verification of 2020) Pursuant to the Congressional Review Contractor Personnel. (a) The Contractor shall comply with Act (5 U.S.C. 801 et seq.), the Office of current Department of Veterans Affairs policy Information and Regulatory Affairs PART 805—[Removed and Reserved] for personal identity verification of all designated this rule as not a major rule, employees performing under this contract as defined by 5 U.S.C. 804(2). ■ 5. Part 805, consisting of sections when frequent and continuing access to VA 805.202, 805.205, and 805.207, is facilities or information systems is required. List of Subjects removed and reserved under the (b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s 48 CFR Parts 804, 805, and 849 authority of 40 U.S.C. 121(c) and 48 CFR employees will require frequent and Government procurement. 1.301 through 1.304. continuing access to VA facilities or information systems. 48 CFR Part 852 PART 849—TERMINATION OF (End of clause) CONTRACTS Government procurement, Reporting ■ 11. Section 852.249–70 is revised to and recordkeeping requirements. read as follows: ■ 6. The authority citation for part 849 Signing Authority is revised to read as follows: 852.249–70 Termination for Default— Supplement for Mortuary Services. The Secretary of Veterans Affairs, or Authority: 40 U.S.C. 121(c); 41 U.S.C. designee, approved this document and 1702; and 48 CFR 1.301 through 1.304. As prescribed in 849.504–70, insert authorized the undersigned to sign and the following clause: submit the document to the Office of the Subpart 849.1—[Removed and TERMINATION FOR DEFAULT— Federal Register for publication Reserved] electronically as an official document of SUPPLEMENT FOR MORTUARY the Department of Veterans Affairs. SERVICES (MAY 2020) ■ Pamela Powers, Acting Deputy 7. Subpart 849.1, consisting of The FAR clause entitled Default (Fixed- Secretary, Department of Veterans sections 849.101, 849.106, 849.111, Price Supply and Service), at 52.249–8, is Affairs, approved this document on May 849.111–70, and 849.111–71, is supplemented as follows: 3, 2020, for publication. removed and reserved. The Contracting Officer may terminate this contract for default by written notice without ■ Consuela Benjamin, 8. Subpart 849.5 is revised to read as the ten-day notice required by paragraph Regulations Development Coordinator, Office follows: (a)(2) of the Default clause if— of Regulation Policy & Management, Office (a) The Contractor, through circumstances of the Secretary, Department of Veterans Subpart 849.5—Contract Termination reasonably within its control or that of its Affairs. Clauses employees, performs any act under or in connection with this contract, or fails in the For the reasons set out in the 849.504 Termination of fixed-price performance of any service under this preamble, VA amends 48 CFR parts 804, contracts for default. contract and the act or failures may 805, 849, and 852 as follows: reasonably be considered to reflect discredit 849.504–70 Termination of mortuary upon the Department of Veteran Affairs in PART 804—ADMINISTRATIVE AND services. fulfilling its responsibility for proper care of INFORMATION MATTERS remains; Use the clause at 852.249–70, (b) The Contractor, or its employees, ■ 1. The authority citation for part 804 Termination for Default—Supplement solicits relatives or friends of the deceased to is revised to read as follows: for Mortuary Services, in all purchase supplies or services not under this Authority: 40 U.S.C. 121(c); 41 U.S.C. solicitations and contracts for mortuary contract. (The Contractor may furnish 1702; and 48 CFR 1.301 through 1.304. services containing the FAR clause supplies or arrange for services not under 52.249–8, Default (Fixed-Price Supply this contract, only if representatives of the ■ 2. Revise the heading for part 804 to deceased voluntarily request, select, and pay read as set forth above. and Service). for them.);

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(c) The services or any part of the services (d) The Contractor refuses to perform the (End of clause) are performed by anyone other than the services required for any particular remains; [FR Doc. 2020–11608 Filed 6–15–20; 8:45 am] or Contractor or the Contractor’s employees BILLING CODE 8320–01–P without the written authorization of the (e) The Contractor mentions or otherwise Contracting Officer; uses this contract in its advertising in any way.

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Proposed Rules Federal Register Vol. 85, No. 116

Tuesday, June 16, 2020

This section of the FEDERAL REGISTER Building Ground Floor, Washington, DC Background contains notices to the public of the proposed 20590–0001. issuance of rules and regulations. The • Hand Delivery or Courier: Take On November 20, 2019, Aerospace purpose of these notices is to give interested comments to Docket Operations in Design and Compliance applied for a persons an opportunity to participate in the Room W12–140 of the West Building supplemental type certificate for the rule making prior to the adoption of the final installation of a therapeutic oxygen rules. Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 system for medical use in the executive a.m. and 5 p.m., Monday through interiors of the Bombardier Model CL– 600–2B19 airplane. The Model CL–600– DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. • Fax: Fax comments to Docket 2B19 airplane, which is currently Federal Aviation Administration Operations at 202–493–2251. approved under Type Certificate No. Privacy: The FAA will post all A21EA, is a twin-engine transport 14 CFR Part 25 comments it receives, without change, airplane with a maximum takeoff weight to http://www.regulations.gov/, of 47,450 lbs. The Model CL–600–2B19 [Docket No. FAA–2020–0519; Notice No. 25– including any personal information the airplane will have 55 seats approved for 20–06–SC] commenter provides. Using the search taxi, takeoff, and landing. Special Conditions: Aerospace Design function of the docket website, anyone Type Certification Basis and Compliance, LLC, Bombardier, Inc. can find and read the electronic form of Model CL–600–2B19 Airplane; all comments received into any FAA Under the provisions of title 14, Code Installation of a Therapeutic Oxygen docket, including the name of the of Federal Regulations (14 CFR) 21.101, System for Medical Use individual sending the comment (or Aerospace Design and Compliance must signing the comment for an association, show that the Bombardier Model CL– AGENCY: Federal Aviation business, labor union, etc.). DOT’s 600–2B19 airplane, as changed, Administration (FAA), DOT. complete Privacy Act Statement can be continues to meet the applicable ACTION: Notice of proposed special found in the Federal Register published provisions of the regulations listed in conditions. on April 11, 2000 (65 FR 19477–19478). Type Certificate No. A21EA, or the Docket: Background documents or applicable regulations in effect on the SUMMARY: This action proposes special comments received may be read at date of application for the change, conditions for the Bombardier Inc. http://www.regulations.gov/ at any time. except for earlier amendments as agreed (Bombardier) Model CL–600–2B19 Follow the online instructions for upon by the FAA. airplane. This airplane, as modified by accessing the docket or go to Docket If the Administrator finds that the Aerospace Design and Compliance, LLC Operations in Room W12–140 of the applicable airworthiness regulations (Aerospace Design and Compliance), West Building Ground Floor at 1200 (e.g., 14 CFR part 25) do not contain will have a novel or unusual design New Jersey Avenue SE, Washington, adequate or appropriate safety standards feature when compared to the state of DC, between 9 a.m. and 5 p.m., Monday for the Bombardier Model CL–600–2B19 technology envisioned in the through Friday, except Federal holidays. airplane because of a novel or unusual airworthiness standards for transport FOR FURTHER INFORMATION CONTACT: design feature, special conditions are category airplanes. The design feature is Robert Hettman, Propulsion & prescribed under the provisions of an installation of a therapeutic oxygen Mechanical Systems, AIR–672, § 21.16. system for medical use. The applicable Transport Standards Branch, Policy and airworthiness regulations do not contain Special conditions are initially Innovation Division, Aircraft applicable to the model for which they adequate or appropriate safety standards Certification Service, Federal Aviation for this design feature. These proposed are issued. Should the applicant apply Administration, 2200 South 216th for a supplemental type certificate to special conditions contain the Street, Des Moines, Washington 98198; additional safety standards that the modify any other model included on the telephone and fax 206–231–3171; email same type certificate to incorporate the Administrator considers necessary to [email protected]. establish a level of safety equivalent to same novel or unusual design feature, SUPPLEMENTARY INFORMATION: that established by the existing these special conditions would also airworthiness standards. Comments Invited apply to the other model under § 21.101. DATES: Send comments on or before July The FAA invites interested people to In addition to the applicable 6, 2020. take part in this rulemaking by sending airworthiness regulations and special ADDRESSES: Send comments identified written comments, data, or views. The conditions, the Bombardier Model CL– by Docket No. FAA–2020–0519 using most helpful comments reference a 600–2B19 airplane must comply with any of the following methods: specific portion of the special the fuel-vent and exhaust-emission • Federal eRegulations Portal: Go to conditions, explain the reason for any requirements of 14 CFR part 34, and the http://www.regulations.gov/ and follow recommended change, and include noise certification requirements of 14 the online instructions for sending your supporting data. CFR part 36. comments electronically. The FAA will consider all comments The FAA issues special conditions, as • Mail: Send comments to Docket received by the closing date for defined in 14 CFR 11.19, in accordance Operations, M–30, U.S. Department of comments. The FAA may change these with § 11.38, and they become part of Transportation (DOT), 1200 New Jersey special conditions based on the the type certification basis under Avenue SE, Room W12–140, West comments received. § 21.101.

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Novel or Unusual Design Features source to passengers for use during a List of Subjects in 14 CFR Part 25 The Bombardier Model CL–600–2B19 decompression, and for discretionary or Aircraft, Aviation safety, Reporting airplane will incorporate the following first-aid use any time during the flight. and recordkeeping requirements. novel or unusual design features: In the proposed design, the passenger Authority Citation A therapeutic oxygen system for and therapeutic oxygen systems use the medical use. same source of oxygen. The special The authority citation for these As a part of the executive interior conditions contain additional design special conditions is as follows: installation, the gaseous passenger requirements for the equipment Authority: 49 U.S.C. 106(f), 106(g), 40113, oxygen system will be outfitted with a involved in this dual therapeutic oxygen 44701, 44702, 44704. therapeutic oxygen system. The plus gaseous oxygen installation. The Proposed Special Conditions therapeutic oxygen system shares the Furthermore, the potential hazard that same supply of oxygen with the existing can exist when the oxygen content of an Accordingly, the Federal Aviation passenger oxygen system and consists of enclosed area becomes too high because Administration (FAA) proposes the multiple constant flow oxygen outlets of system leaks, malfunction, or damage following special conditions as part of located throughout the cabin. The from external sources, make it necessary the type certification basis for flightcrew can turn the therapeutic to ensure that adequate safety standards Bombardier Model CL–600–2B19 oxygen system on and off from the are applied to the design and airplanes, as modified by Aerospace flightdeck to allow use at any point installation of the oxygen system in Design and Compliance, LLC. during the flight, and to preserve a Bombardier Model CL–600–2B19 The distribution system for the sufficient remaining oxygen reserve, in airplanes. These potential hazards also passenger therapeutic oxygen systems the event therapeutic oxygen is used for necessitate development and must be designed and installed to meet medical purposes, to accommodate the application of appropriate additional requirements as follows: passengers in the event of an emergency design and installation standards. 1. When oxygen is supplied to oxygen situation. passengers for both supplemental and The proposed special conditions therapeutic purposes, the distribution Discussion contain the additional safety standards system must be designed for either— No specific regulations address the that the Administrator considers a. A source of supplemental oxygen design and installation of required necessary to establish a level of safety for protection following a loss of cabin passenger oxygen systems that share a equivalent to that established by the pressure, and a separate source for supply source with an optional oxygen existing airworthiness standards. therapeutic purposes: or system used specifically for therapeutic Applicability b. A common source of supply with applications. Therapeutic oxygen means to separately reserve the systems have been previously certified, As discussed above, these special minimum supply required by the and were generally considered an conditions are applicable to the passengers for supplemental use extension of the passenger oxygen Bombardier Model CL–600–2B19 following a loss of cabin pressure. system for the purpose of defining the airplane as modified by Aerospace Issued in Des Moines, Washington, on May applicable regulations. As a result, Design and Compliance. Should 21, 2020. existing requirements, such as Aerospace Design and Compliance James E. Wilborn, §§ 25.1309, 25.1441(b) and (c), 25.1451, apply at a later date for a supplemental Acting Manager, Transport Standards and 25.1453, in the Bombardier Model type certificate to modify any other Branch, Policy and Innovation Division, CL–600–2B19 airplanes’ certification model included on Type Certificate No. Aircraft Certification Service. basis applicable to this STC project, A21EA, to incorporate the same novel or [FR Doc. 2020–11437 Filed 6–15–20; 8:45 am] provide some design standards unusual design feature, these special BILLING CODE 4910–13–P appropriate for oxygen system conditions would apply to that model as installations. In addition, § 25.1445 well. includes standards for oxygen Certification of the Bombardier Model DEPARTMENT OF TRANSPORTATION distribution systems when oxygen is CL–600–2B19 airplane is currently supplied to flightcrew and passengers. If Federal Aviation Administration scheduled for May 2020. The substance a common source of supply is used, of these special conditions has been § 25.1445(a)(2) requires a means to 14 CFR Part 39 subject to the notice and public separately reserve the minimum supply comment procedure in several prior [Docket No. FAA–2020–0465; Product required by the flightcrew. Identifier 2020–NM–074–AD] Section 25.1445 is intended to protect instances with no public comments the flightcrew by ensuring that an received. Therefore, because a delay RIN 2120–AA64 adequate supply of oxygen is available would significantly affect the Airworthiness Directives; The Boeing to complete a descent and landing applicant’s installation of the system Company Airplanes following a loss of cabin pressure. When and the certification of the airplane, the FAA is shortening the public comment the regulation was written, the only AGENCY: Federal Aviation period to 20 days. passenger oxygen system designs were Administration (FAA), DOT. supplemental oxygen systems intended Conclusion ACTION: Notice of proposed rulemaking to protect passengers from hypoxia in (NPRM). the event of a decompression. Existing This action affects only a certain passenger oxygen systems did not novel or unusual design feature on one SUMMARY: The FAA proposes to adopt a include design features that would model of airplane. It is not a rule of new airworthiness directive (AD) for allow the flightcrew to control oxygen to general applicability and affects only The Boeing Company Model 787–8, passengers during flight. There are no the applicant who applied to the FAA 787–9, and 787–10 airplanes powered similar requirements in § 25.1445 when for approval of these features on the by Rolls Royce Trent 1000 engines. This oxygen is supplied from the same airplane. proposed AD was prompted by reports

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of damage to the inner fixed structure Moines, WA; phone: 206–231–3553; having part number (P/N) 725Z3171– (IFS) forward upper fire seal and email: [email protected]. 127 or P/N 725Z3171–128 with a fire damage to thermal insulation blankets SUPPLEMENTARY INFORMATION: seal having P/N 725Z3171–151 or P/N in the forward upper area of the thrust 725Z3171–152, as applicable. After any Comments Invited reverser (TR). This proposed AD would IFS forward upper fire seal replacement, require repetitive inspections of the IFS The FAA invites you to send any AD 2018–15–03 requires updating the forward upper fire seal and thermal written relevant data, views, or part number of the thrust reverser half insulation blankets in the forward upper arguments about this proposal. Send (two thrust reverser halves per engine). area of the TR for damage and your comments to an address listed AD 2018–15–03 also prohibits the applicable on-condition actions. The under the ADDRESSES section. Include installation of IFS forward upper fire FAA is proposing this AD to address the ‘‘Docket No. FAA–2020–0465; Product seals having P/N 725Z3171–127 or P/N unsafe condition on these products. Identifier 2020–NM–074–AD’’ at the 725Z3171–128, as of August 27, 2018 beginning of your comments. The FAA DATES: The FAA must receive comments (the effective date of AD 2018–15–03). on this proposed AD by July 31, 2020. specifically invites comments on the overall regulatory, economic, This proposed AD would require ADDRESSES: You may send comments, environmental, and energy aspects of repetitive inspections of the IFS forward using the procedures found in 14 CFR this NPRM. The FAA will consider all upper fire seal and thermal insulation 11.43 and 11.45, by any of the following comments received by the closing date blankets in the forward upper area of methods: and may amend this NPRM because of the TR for damage, and applicable on- • Federal eRulemaking Portal: Go to those comments. condition actions. During the https://www.regulations.gov. Follow the The FAA will post all comments inspections specified in this proposed instructions for submitting comments. received, without change, to https:// AD, if damage is found on any IFS • Fax: 202–493–2251. • www.regulations.gov, including any forward upper fire seal, and that fire Mail: U.S. Department of personal information you provide. The Transportation, Docket Operations, M– seal has P/N 725Z3171–127 or P/N FAA will also post a report 725Z3171–128, that damaged fire seal 30, West Building Ground Floor, Room summarizing each substantive verbal W12–140, 1200 New Jersey Avenue SE, must be replaced with a fire seal having contact received about this proposed P/N 725Z3171–151 or P/N 725Z3171– Washington, DC 20590. AD. • Hand Delivery: Deliver to Mail 152, as applicable. After the IFS forward address above between 9 a.m. and 5 Discussion upper fire seal replacement, operators may update the part number of the p.m., Monday through Friday, except The FAA has received reports of thrust reverser half to get credit for Federal holidays. damage to the IFS forward upper fire compliance with the requirements of For service information identified in seal and damage to thermal insulation this NPRM, contact Boeing Commercial blankets in the forward upper area of AD 2018–15–03, provided that action is Airplanes, Attention: Contractual & Data the TR. Investigation revealed that accomplished within the compliance Services (C&DS), 2600 Westminster structural gapping could occur at the time of AD 2018–15–03, which is 36 Blvd., MC 110–SK57, Seal Beach, CA interface between the leading edge of months after August 27, 2018 (the 90740–5600; telephone 562–797–1717; the IFS and the engine splitter structure effective date of AD 2018–15–03). internet https:// during flight. This gapping condition Related Service Information Under 1 www.myboeingfleet.com. You may view exposes the IFS forward upper fire seal CFR Part 51 this referenced service information at to excessive airflow pressure and also the FAA, Airworthiness Products allows airflow to pass between the The FAA reviewed Boeing Alert Section, Operational Safety Branch, engine splitter structure and the IFS Requirements Bulletin B787–81205– 2200 South 216th St., Des Moines, WA. forward upper fire seal, resulting in SB780041–00 RB, Issue 001, dated For information on the availability of damage to the IFS forward upper fire March 31, 2020. The service information this material at the FAA, call 206–231– seal and thermal blanket. Failure of the describes procedures for repetitive 3195. It is also available on the internet IFS forward upper fire seal could cause inspections of the IFS forward upper at https://www.regulations.gov by the loss of seal pressurization and fire seal and thermal insulation blankets searching for and locating Docket No. degrade the ability to detect and of the TR for damage and applicable on- FAA–2020–0465. extinguish an engine fire, resulting in an condition actions. Damage to a forward Examining the AD Docket uncontrolled fire. Damage to the TR upper fire seal includes cuts, splits, insulation blanket could result in nicks, punctures, and missing sections. You may examine the AD docket on thermal damage to the TR inner wall, Damage to an upper thermal blanket the internet at https:// the subsequent release of engine exhaust www.regulations.gov by searching for includes tears, cuts, missing metal skin, components, and consequent damage to missing insulation, and over- and locating Docket No. FAA–2020– critical areas of the airplane. 0465; or in person at Docket Operations temperature conditions shown by between 9 a.m. and 5 p.m., Monday Relationship Between This Proposed discoloration or scorching. The on- through Friday, except Federal holidays. AD and AD 2018–15–03 condition actions include replacing any damaged forward upper fire seal with a The AD docket contains this NPRM, any This proposed AD does not supersede new fire seal having an appropriate part comments received, and other or terminate any requirement of AD number, and replacing any damaged information. The street address for 2018–15–03, Amendment 39–19335 (83 Docket Operations is listed above. FR 34753, July 23, 2018) (‘‘AD 2018–15– forward upper thermal blanket with a Comments will be available in the AD 03’’). AD 2018–15–03 requires an new thermal blanket. docket shortly after receipt. inspection to determine the part number This service information is reasonably FOR FURTHER INFORMATION CONTACT: Tak of the IFS forward upper fire seals, and available because the interested parties Kobayashi, Aerospace Engineer, applicable on-condition actions. The on- have access to it through their normal Propulsion Section, FAA, Seattle ACO condition actions include replacement course of business or by the means Branch, 2200 South 216th St., Des of any IFS forward upper fire seal identified in the ADDRESSES section.

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FAA’s Determination Directive Implementation Aviation 001, dated March 31, 2020, specifies 0.5 The FAA is proposing this AD Rulemaking Committee (AD ARC), to task hours for replacing the fire seal and because the agency evaluated all the enhance the AD system. One 0.5 task hours for replacing the thermal relevant information and determined enhancement is a process for annotating blanket. Boeing notified the FAA that the unsafe condition described which steps in the service information these estimates are not accurate and the previously is likely to exist or develop are ‘‘required for compliance’’ (RC) with correct estimated task hours are 2 work- in other products of the same type an AD. Boeing has implemented this RC hours per TR half for replacing the fire design. concept into Boeing service bulletins. seal and 1 work-hour per TR half for In an effort to further improve the replacing the thermal blanket. The Costs Proposed AD Requirements quality of ADs and AD-related Boeing of Compliance section in this proposed service information, a joint process This proposed AD would require AD reflects the corrected estimated improvement initiative was worked accomplishment of the actions costs. identified in Boeing Alert Requirements between the FAA and Boeing. The Bulletin B787–81205–SB780041–00 RB, initiative resulted in the development of Interim Action Issue 001, dated March 31, 2020, a new process in which the service described previously, except as information more clearly identifies the The FAA considers this proposed AD discussed under ‘‘Differences Between actions needed to address the unsafe interim action. If final action is later this Proposed AD and the Service condition in the ‘‘Accomplishment identified, the FAA might consider Information,’’ and except for any Instructions.’’ The new process results further rulemaking at that time. differences identified as exceptions in in a Boeing Requirements Bulletin, Costs of Compliance the regulatory text of this proposed AD. which contains only the actions needed For information on the procedures to address the unsafe condition (i.e., The FAA estimates that this proposed and compliance times, see this service only the RC actions). AD affects 14 airplanes of U.S. registry. information at https:// Differences Between This Proposed AD The FAA estimates the following costs www.regulations.gov by searching for and the Service Information to comply with this proposed AD: and locating Docket No. FAA–2020– 0465. Boeing Alert Service Bulletin B787– 81205–SB780041–00, Issue 001, dated Explanation of Requirements Bulletin March 31, 2020, which is referred to in The FAA worked in conjunction with Boeing Alert Requirements Bulletin industry, under the Airworthiness B787–81205–SB780041–00 RB, Issue

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspection ...... 4 work-hours × $85 per hour = $340 per in- $0 $340 per inspection $4,760 per inspection spection cycle. cycle. cycle

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Action Labor cost Parts cost Cost per product

Fire seal replace- 2 work-hours × $85 per hour = $170 $1,365 per TR half ...... $1,535 per TR half (4 TR halves per ment. per TR half. airplane) Thermal blanket re- 1 work-hour × $85 per hour = $85 per $17,855 per TR half ...... $17,940 per TR half (4 TR halves per placement. TR half. airplane)

According to the manufacturer, some Aviation Programs, describes in more develop on products identified in this or all of the costs of this proposed AD detail the scope of the Agency’s rulemaking action. may be covered under warranty by authority. Regulatory Findings Goodrich, thereby reducing the cost The FAA is issuing this rulemaking impact on affected operators. The FAA under the authority described in The FAA determined that this does not control warranty coverage for Subtitle VII, Part A, Subpart III, Section proposed AD would not have federalism affected individuals. As a result, the 44701: ‘‘General requirements.’’ Under implications under Executive Order FAA has included all known costs in that section, Congress charges the FAA 13132. This proposed AD would not our cost estimate. with promoting safe flight of civil have a substantial direct effect on the States, on the relationship between the Authority for This Rulemaking aircraft in air commerce by prescribing regulations for practices, methods, and national Government and the States, or Title 49 of the United States Code procedures the Administrator finds on the distribution of power and specifies the FAA’s authority to issue necessary for safety in air commerce. responsibilities among the various rules on aviation safety. Subtitle I, This regulation is within the scope of levels of government. section 106, describes the authority of that authority because it addresses an For the reasons discussed above, I the FAA Administrator. Subtitle VII: unsafe condition that is likely to exist or certify this proposed regulation:

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(1) Is not a ‘‘significant regulatory components, and consequent damage to (2) For service information identified in action’’ under Executive Order 12866, critical areas of the airplane. this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data (2) Will not affect intrastate aviation (f) Compliance in Alaska, and Services (C&DS), 2600 Westminster Blvd., Comply with this AD within the (3) Will not have a significant MC 110–SK57, Seal Beach, CA 90740–5600; compliance times specified, unless already telephone 562–797–1717; internet https:// economic impact, positive or negative, done. www.myboeingfleet.com. You may view this on a substantial number of small entities referenced service information at the FAA, (g) Required Actions under the criteria of the Regulatory Airworthiness Products Section, Operational Flexibility Act. Except as specified by paragraph (h) of this Safety Branch, 2200 South 216th St., Des AD: At the applicable times specified in the Moines, WA. For information on the List of Subjects in 14 CFR Part 39 ‘‘Compliance’’ paragraph of Boeing Alert availability of this material at the FAA, call Air transportation, Aircraft, Aviation Requirements Bulletin B787–81205– 206–231–3195. SB780041–00 RB, Issue 001, dated March 31, safety, Incorporation by reference, Issued on June 3, 2020. Safety. 2020, do all applicable actions identified in, and in accordance with, the Accomplishment Lance T. Gant, The Proposed Amendment Instructions of Boeing Alert Requirements Director, Compliance & Airworthiness Bulletin B787–81205–SB780041–00 RB, Issue Division, Aircraft Certification Service. Accordingly, under the authority 001, dated March 31, 2020. [FR Doc. 2020–12869 Filed 6–15–20; 8:45 am] delegated to me by the Administrator, Note 1 to paragraph (g): Guidance for BILLING CODE 4910–13–P the FAA proposes to amend 14 CFR part accomplishing the actions required by this 39 as follows: AD can be found in Boeing Alert Service Bulletin B787–81205–SB780041–00, Issue DEPARTMENT OF TRANSPORTATION PART 39—AIRWORTHINESS 001, dated March 31, 2020, which is referred DIRECTIVES to in Boeing Alert Requirements Bulletin Federal Aviation Administration B787–81205–SB780041–00 RB, Issue 001, ■ 1. The authority citation for part 39 dated March 31, 2020. continues to read as follows: 14 CFR Part 71 (h) Exceptions to Service Information Authority: 49 U.S.C. 106(g), 40113, 44701. Specifications [Docket No. FAA–2020–0525; Airspace Docket No. 20–ASO–7] § 39.13 [Amended] Where Boeing Alert Requirements Bulletin B787–81205–SB780041–00 RB, Issue 001, RIN 2120–AA66 ■ 2. The FAA amends § 39.13 by adding dated March 31, 2020, uses the phrase ‘‘the the following new airworthiness Issue 001 date of Requirements Bulletin Proposed Amendment and directive (AD): B787–81205–SB780041–00 RB’’ this AD Establishment of Area Navigation The Boeing Company: Docket No. FAA– requires using ‘‘the effective date of this AD.’’ (RNAV) Routes; South-Central Florida 2020–0465; Product Identifier 2020– (i) Alternative Methods of Compliance Metroplex Project NM–074–AD. (AMOCs) AGENCY: Federal Aviation (a) Comments Due Date (1) The Manager, Seattle ACO Branch, Administration (FAA), DOT. FAA, has the authority to approve AMOCs The FAA must receive comments by July ACTION: Notice of proposed rulemaking 31, 2020. for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with (NPRM). (b) Affected ADs 14 CFR 39.19, send your request to your SUMMARY: This action proposes to None. principal inspector or local Flight Standards District Office, as appropriate. If sending amend two existing low altitude RNAV (c) Applicability information directly to the manager of the routes (T-routes), and establish nine This AD applies to The Boeing Company certification office, send it to the attention of new T-routes in support of the South- Model 787–8, 787–9, and 787–10 airplanes, the person identified in paragraph (j)(1) of Central Florida Metroplex Project. The certificated in any category, powered by Rolls this AD. Information may be emailed to: 9- proposed changes would reduce the Royce Trent 1000 engines. [email protected]. dependency of the National Airspace (2) Before using any approved AMOC, (d) Subject System (NAS) on ground-based notify your appropriate principal inspector, navigational systems, and assist with Air Transport Association (ATA) of or lacking a principal inspector, the manager the transition to a more efficient America Code 78, Engine Exhaust System. of the local flight standards district office/ certificate holding district office. Performance Based Navigation (PBN) (e) Unsafe Condition (3) An AMOC that provides an acceptable route structure. This AD was prompted by reports of level of safety may be used for any repair, DATES: Comments must be received on damage to the inner fixed structure (IFS) modification, or alteration required by this or before July 31, 2020. forward upper fire seal and damage to AD if it is approved by The Boeing Company ADDRESSES: Send comments on this thermal insulation blankets in the forward Organization Designation Authorization proposal to the U.S. Department of upper area of the thrust reverser (TR). The (ODA) that has been authorized by the FAA is issuing this AD to address the damage Manager, Seattle ACO Branch, FAA, to make Transportation, Docket Operations, 1200 to the IFS forward upper fire seal and the those findings. To be approved, the repair New Jersey Avenue SE, West Building thermal insulation blankets of the TR due to method, modification deviation, or alteration Ground Floor, Room W12–140, airflow through structural gapping that could deviation must meet the certification basis of Washington, DC 20590; telephone: 1 occur at the interface between the leading the airplane, and the approval must (800) 647–5527 or (202) 366–9826. You edge of the IFS and the engine splitter specifically refer to this AD. must identify FAA Docket No. FAA– structure during flight. Failure of the IFS (j) Related Information 2020–0525; Airspace Docket No. 20– forward upper fire seal could cause the loss ASO–7 at the beginning of your of seal pressurization and degrade the ability (1) For more information about this AD, to detect and extinguish an engine fire, contact Tak Kobayashi, Aerospace Engineer, comments. You may also submit resulting in an uncontrolled fire. Damage to Propulsion Section, FAA, Seattle ACO comments through the internet at the TR insulation blanket could result in Branch, 2200 South 216th St., Des Moines, https://www.regulations.gov. thermal damage to the TR inner wall, the WA; phone: 206–231–3553; email: FAA Order 7400.11D, Airspace subsequent release of engine exhaust [email protected]. Designations and Reporting Points, and

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subsequent amendments can be viewed comments through the internet at Metroplex Project. The purpose of the online at https://www.faa.gov/air_ https://www.regulations.gov. routes is to expand the availability of traffic/publications/. For further Commenters wishing the FAA to RNAV and improve the efficiency of the information, you can contact the Rules acknowledge receipt of their comments NAS by reducing the dependency on and Regulations Group, Federal on this action must submit with those ground-based navigation systems. The Aviation Administration, 800 comments a self-addressed, stamped following is a general description of the Independence Avenue SW, Washington, postcard on which the following proposed amended and new routes. DC 20591; telephone: (202) 267–8783. statement is made: ‘‘Comments to FAA T–208: T–208 is an existing route that The Order is also available for Docket No. FAA–2020–0525; Airspace currently extends from the Gators, FL inspection at the National Archives and Docket No. 20–ASO–7.’’ The postcard (GNV), VORTAC eastward to the Records Administration (NARA). For will be date/time stamped and returned CARRA, FL, fix, then to the Ormond information on the availability of FAA to the commenter. Beach (OMN) VORTAC. This action Order 7400.11D at NARA, email: All communications received on or proposes to remove the Gators [email protected], or go to https:// before the specified comment closing VORTAC, the CARRA fix, and the www.archives.gov/federal-register/cfr/ date will be considered before taking Ormond Beach VORTAC from the route. ibr-locations.html. action on the proposed rule. The T–208 would be realigned to start at the WALEE, FL, waypoint (WP) (located to FOR FURTHER INFORMATION CONTACT: Paul proposal contained in this action may Gallant, Rules and Regulations Group, be changed in light of comments the east of the current Gators VORTAC). The route would then proceed eastward Office of Policy, Federal Aviation received. A report summarizing each to the MMKAY, FL and the FOXAM, FL, Administration, 800 Independence substantive public contact with FAA WPs, (near the Florida east coast), then Avenue SW, Washington, DC 20591; personnel concerned with this it would turn southward through the telephone: (202) 267–8783. rulemaking will be filed in the docket. SUUGR, FL, WP, the SMYRA, FL, SUPPLEMENTARY INFORMATION: Availability of NPRM’s OAKIE, FL, MALET, FL, TICCO, FL, and Authority for This Rulemaking An electronic copy of this document INDIA, FL, fixes, then continue may be downloaded through the southward through the DIMBY, FL, WP, The FAA’s authority to issue rules internet at https://www.regulations.gov. the VALKA, FL, fix, the SULTY, FL, regarding aviation safety is found in Recently published rulemaking WIXED, FL, CLEFF, FL, DURRY, FL, Title 49 of the United States Code. documents can also be accessed through and BOBOE, FL, WPs, and terminating Subtitle I, Section 106 describes the the FAA’s web page at https:// at the SHANC, FL, fix (located about 17 authority of the FAA Administrator. www.faa.gov/air_traffic/publications/ nautical miles (NM) northwest of the Subtitle VII, Aviation Programs, airspace_amendments/. Fort Lauderdale, FL, VOR/DME). The describes in more detail the scope of the You may review the public docket amended route would extend between agency’s authority. This rulemaking is containing the proposal, any comments the WALEE, FL, WP, and the SHANC, promulgated under the authority received and any final disposition in FL, fix. described in Subtitle VII, Part A, person in the Dockets Office (see T–210: T–210 is an existing route that Subpart I, Section 40103. Under that ADDRESSES section for address and currently extends from the Taylor, FL section, the FAA is charged with phone number) between 9:00 a.m. and (TAY), VORTAC, to the OHLEE, FL, prescribing regulations to assign the use 5:00 p.m., Monday through Friday, WP, to the BRADO, FL, fix. The FAA of the airspace necessary to ensure the except federal holidays. An informal proposes to remove the Taylor VORTAC safety of aircraft and the efficient use of docket may also be examined during from the route and add the MARQO, FL, airspace. This regulation is within the normal business hours at the office of WP (in the vicinity of the Taylor scope of that authority as it would the Eastern Service Center, Federal VORTAC) as the new start point. From expand the availability of RNAV in Aviation Administration, Room 210, the MARQO WP, the route would Florida to improve the efficiency of the 1701 Columbia Ave., College Park, GA proceed southeastward through the NAS by lessening the dependency on 30337. OHLEE, FL, WP, and BRADO, FL, fix (as ground-based navigation aids. currently charted). After the BRADO fix, Availability and Summary of the route would turn southward through Comments Invited Documents for Incorporation by the MMKAY, FL, WP, the MRUTT, FL, Reference Interested parties are invited to WP, the GUANO, FL, fix, and the participate in this proposed rulemaking This document proposes to amend KIZER, FL, fix (located about 23 NM by submitting such written data, views, FAA Order 7400.11D, Airspace north of the Orlando, FL (ORL), or arguments as they may desire. Designations and Reporting Points, VORTAC). After KIZER, the route would Comments that provide the factual basis dated August 8, 2019, and effective turn southwestward through the supporting the views and suggestions September 15, 2019. FAA Order EMSEE, FL, DAIYL, FL, AKOJO, FL, and presented are particularly helpful in 7400.11D is publicly available as listed PUNQU, FL, WPs, and terminating at developing reasoned regulatory in the ADDRESSES section of this the VARZE, FL, WP. decisions on the proposal. Comments proposed rule. FAA Order 7400.11D T–336: T–336 is a proposed new route are specifically invited on the overall lists Class A, B, C, D, and E airspace that would extend between the TROYR, regulatory, aeronautical, economic, areas, air traffic service routes, and FL, WP, and the WIXED, FL, WP. environmental, and energy-related reporting points. T–337: T–337 is a proposed new route aspects of the proposal. that would extend between the SWENY, The Proposal Communications should identify both FL, WP, and the WEZER, FL, WP. docket numbers (FAA Docket No. FAA– The FAA is proposing an amendment T–339: T–339 is a proposed new route 2020–0525; Airspace Docket No. 20– to Title 14 Code of Federal Regulations that would extend between the KARTR, ASO–7 and be submitted in triplicate to (14 CFR) part 71 to amend two existing FL, WP, and the ODDEL, FL, WP. the Docket Management Facility (see low altitude RNAV routes (T-routes), T–341: T–341 is a proposed new route ADDRESSES section for address and and establish nine new T-routes in that would extend between the MEAGN, phone number). You may also submit support of the South-Central Florida FL, WP, and the MARQO, FL, WP.

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T–343: T–343 is a proposed new route regulations for which frequent and The Proposed Amendment that would extend between the WORPP, routine amendments are necessary to FL, WP, and the INDIA, FL, WP. keep them operationally current. It, In consideration of the foregoing, the T–345: T–345 is a proposed new route therefore: (1) Is not a ‘‘significant Federal Aviation Administration that would extend between the MARKT, regulatory action’’ under Executive proposes to amend 14 CFR part 71 as FL, WP, and the DEARY, FL, WP. Order 12866; (2) is not a ‘‘significant follows: T–347: T–347 is a proposed new route rule’’ under Department of that would extend between the CLEFF, Transportation (DOT) Regulatory PART 71—DESIGNATION OF CLASS A, FL, WP, and the SEBAG, FL, WP. Policies and Procedures (44 FR 11034; B, C, D, AND E AIRSPACE AREAS; AIR T–349: T–349 is a proposed new route February 26, 1979); and (3) does not TRAFFIC SERVICE ROUTES; AND that would extend between the VARZE, warrant preparation of a regulatory REPORTING POINTS FL, WP, and the TROYR, FL, WP. evaluation as the anticipated impact is T–353: T–353 is a proposed new route so minimal. Since this is a routine ■ 1. The authority citation for part 71 that would extend between the FEBRO, matter that will only affect air traffic continues to read as follows: FL, WP, and the ASTOR, FL, WP. procedures and air navigation, it is United States Area Navigation routes certified that this proposed rule, when Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, are published in paragraph 6011 of FAA promulgated, will not have a significant 1959–1963 Comp., p. 389. Order 7400.2D, dated August 8, 2019, economic impact on a substantial and effective September 15, 2019, which number of small entities under the § 71.1 [Amended] is incorporated by reference in 14 CFR criteria of the Regulatory Flexibility Act. 71.1. The RNAV routes listed in this ■ 2. The incorporation by reference in document would be subsequently Environmental Review 14 CFR 71.1 of FAA Order 7400.11D, published in the Order. This proposal will be subject to an Airspace Designations and Reporting FAA Order 7400.11, Airspace environmental analysis in accordance Points, dated August 8, 2019, and Designations and Reporting Points, is with FAA Order 1050.1F, effective September 15, 2019, is published yearly and effective on ‘‘Environmental Impacts: Policies and amended as follows: September 15. Procedures’’ prior to any FAA final regulatory action. Paragraph 6011 United States Navigation Regulatory Notices and Analyses Routes. List of Subjects in 14 CFR Part 71 The FAA has determined that this * * * * * proposed regulation only involves an Airspace, Incorporation by reference, established body of technical Navigation (air).

T–208 WALEE, FL to SHANC, FL [Amended] WALEE, FL WP (Lat. 29°41′36.05″ N, long. 082°14′07.07″ W) MMKAY, FL WP (Lat. 29°41′55.42″ N, long. 081°26′49.15″ W) FOXAM, FL WP (Lat. 29°33′37.73″ N, long. 081°09′37.84″ W) SUUGR, FL WP (Lat. 29°19′40.38″ N, long. 081°07′20.79″ W) SMYRA, FL FIX (Lat. 29°00′19.48″ N, long. 080°59′34.51″ W) OAKIE, FL FIX (Lat. 28°51′04.26″ N, long. 080°55′52.35″ W) MALET, FL FIX (Lat. 28°41′29.90″ N, long. 080°52′04.30″ W) TICCO, FL FIX (Lat. 28°31′00.50″ N, long. 080°47′52.80″ W) INDIA, FL FIX (Lat. 28°26′04.19″ N, long. 080°45′55.25″ W) DIMBY, FL WP (Lat. 28°04′52.54″ N, long. 080°37′37.61″ W) VALKA, FL FIX (Lat. 27°55′06.06″ N, long. 080°34′17.17″ W) SULTY, FL WP (Lat. 27°48′12.41″ N, long. 080°32′59.17″ W) WIXED, FL WP (Lat. 27°41′24.86″ N, long. 080°29′56.56″ W) CLEFF, FL WP (Lat. 27°00′03.31″ N, long. 080°32′38.27″ W) DURRY, FL WP (Lat. 26°43′46.96″ N, long. 080°24′09.25″ W) BOBOE, FL WP (Lat. 26°28′48.72″ N, long. 080°23′05.23″ W) SHANC, FL FIX (Lat. 26°18′51.14″ N, long. 080°20′00.16″ W)

****** T–210 MARQO, FL to VARZE, FL [Amended] MARQO, FL WP (Lat. 30°30′53.57″ N, long. 082°32′45.62″ W) OHLEE, FL WP (Lat. 30°16′06.04″ N, long. 082°06′32.53″ W) BRADO, FL FIX (Lat. 29°55′21.88″ N, long. 081°28′07.89″ W) MMKAY, FL WP (Lat. 29°41′55.42″ N, long. 081°26′49.15″ W) MRUTT, FL WP (Lat. 29°12′12.40″ N, long. 081°23′55.50″ W) GUANO, FL FIX (Lat. 29°05′58.73″ N, long. 081°23′18.93″ W) KIZER, FL FIX (Lat. 28°55′26.00″ N, long. 081°22′17.83″ W) EMSEE, FL WP (Lat. 28°50′43.72″ N, long. 081°32′47.03″ W) DAIYL, FL WP (Lat. 28°49′10.74″ N, long. 081°41′29.68″ W) AKOJO, FL WP (Lat. 28°45′44.01″ N, long. 081°43′31.54″ W) PUNQU, FL WP (Lat. 28°34′33.65″ N, long. 081°49′22.43″ W) VARZE, FL WP (Lat. 28°16′25.85″ N, long. 082°01′44.51″ W)

****** T–336 TROYR, FL to WIXED, FL [New] TROYR, FL WP (Lat. 29°34′20.92″ N, long. 083°01′52.68″ W) OMMNI, FL WP (Lat. 28°51′29.29″ N, long. 082°09′41.75″ W) PUNQU, FL WP (Lat. 28°34′33.65″ N, long. 081°49′22.43″ W) YOJIX, FL WP (Lat. 28°02′44.04″ N, long. 081°33′45.34″ W) YONMA, FL WP (Lat. 28°03′55.68″ N, long. 081°24′31.18″ W) ODDEL, FL WP (Lat. 28°05′45.51″ N, long. 081°10′10.24″ W) DEARY, FL WP (Lat. 28°06′02.53″ N, long. 080°54′51.40″ W) WIXED, FL WP (Lat. 27°41′24.86″ N, long. 080°29′56.56″ W)

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****** T–337 SWENY, FL to WEZER, FL [New] SWENY, FL WP (Lat. 26°33′58.08″ N, long. 082°12′21.08″ W) RISKS, FL WP (Lat. 27°01′51.89″ N, long. 081°56′40.30″ W) WEZER, FL WP (Lat. 28°02′26.59″ N, long. 082°02′39.60″ W)

****** T–339 KARTR, FL to ODDEL, FL [New] KARTR, FL FIX (Lat. 25°29′45.76″ N, long. 081°30′46.24″ W) DEEDS, FL FIX (Lat. 25°58′40.31″ N, long. 081°13′59.60″ W) SWAGS, FL FIX (Lat. 26°10′37.07″ N, long. 081°05′59.93″ W) ZAGPO, FL WP (Lat. 26°23′47.41″ N, long. 080°57′25.83″ W) DIDDY, FL FIX (Lat. 27°18′38.15″ N, long. 080°52′55.92″ W) ODDEL, FL FIX (Lat. 28°05′45.51″ N, long. 081°10′10.24″ W)

****** T–341 MEAGN, FL to MARQO, FL [New] MEAGN, FL WP (Lat. 26°14′17.20″ N, long. 080°47′23.64″ W) ZAGPO, FL WP (Lat. 26°23′47.41″ N, long. 080°57′25.83″ W) CUSEK, FL WP (Lat. 26°51′38.79″ N, long. 081°23′17.37″ W) WEZER, FL WP (Lat. 28°02′26.59″ N, long. 082°02′39.60″ W) VARZE, FL WP (Lat. 28°16′25.85″ N, long. 082°01′44.51″ W) MARQO, FL WP (Lat. 30°30′53.57″ N, long. 082°32′45.62″ W)

****** T–343 WORPP, FL to INDIA, FL [New] WORPP, FL FIX (Lat. 25°53′36.69″ N, long. 080°58′26.87″ W) CUSEK, FL WP (Lat. 26°51′38.79″ N, long. 081°23′17.37″ W) FEBRO, FL WP (Lat. 27°37′02.08″ N, long. 081°47′07.68″ W) TAHRS, FL WP (Lat. 27°52′12.96″ N, long. 081°33′55.12″ W) YOJIX, FL FIX (Lat. 28°02′44.04″ N, long. 081°33′45.34″ W) YONMA, FL FIX (Lat. 28°03′55.68″ N, long. 081°24′31.18″ W) ODDEL, FL FIX (Lat. 28°05′45.51″ N, long. 081°10′10.24″ W) DEARY, FL FIX (Lat. 28°06′02.53″ N, long. 080°54′51.40″ W) INDIA, FL FIX (Lat. 28°26′04.19″ N, long. 080°45′55.25″ W)

****** T–345 MARKT, FL to DEARY, FL [New] MARKT, FL WP (Lat. 26°22′53.63″ N, long. 080°34′41.82″ W) AIRBT, FL WP (Lat. 26°46′51.62″ N, long. 080°42′21.85″ W) DOWDI, FL WP (Lat. 27°07′16.35″ N, long. 080°42′02.47″ W) LLNCH, FL WP (Lat. 27°26′07.67″ N, long. 080°41′44.46″ W) DEARY, FL WP (Lat. 28°06′02.53″ N, long. 080°54′51.40″ W) T–347 CLEFF, FL to SEBAG, FL [New] CLEFF, FL WP (Lat. 27°00′03.31″ N, long. 080°32′38.27″ W) BAIRN, FL WP (Lat. 27°56′52.37″ N, long. 081°06′54.35″ W) SABOT, FL WP (Lat. 28°15′05.10″ N, long. 081°13′37.16″ W) CROPY, FL WP (Lat. 28°47′32.71″ N, long. 081°21′35.38″ W) KIZER, FL WP (Lat. 28°55′26.00″ N, long. 081°22′17.83″ W) GUANO, FL WP (Lat. 29°05′58.73″ N, long. 081°23′18.93″ W) MRUTT, FL WP (Lat. 29°12′12.40″ N, long. 081°23′55.50″ W) FOXAM, FL WP (Lat. 29°33′37.73″ N, long. 081°09′37.84″ W) SEBAG, FL WP (Lat. 29°49′04.24″ N, long. 081°12′34.72″ W)

****** T–349 VARZE, FL to TROYR, FL [New] VARZE, FL WP (Lat. 28°16′25.85″ N, long. 082°01′44.51″ W) TROYR, FL WP (Lat. 29°34′20.92″ N, long. 083°01′52.68″ W)

****** T–353 FEBRO, FL to ASTOR, FL [New] FEBRO, FL WP (Lat. 27°37′02.08″ N, long. 081°47′07.68″ W) MOANS, FL WP (Lat. 27°54′49.97″ N, long. 081°44′54.89″ W) PUNQU, FL WP (Lat. 28°34′33.65″ N, long. 081°49′22.43″ W) AKOJO, FL WP (Lat. 28°45′44.01″ N, long. 081°43′31.54″ W) DAIYL, FL WP (Lat. 28°49′10.74″ N, long. 081°41′29.68″ W) EMSEE, FL WP (Lat. 28°50′43.72″ N, long. 081°32′47.03″ W) KIZER, FL WP (Lat. 28°55′26.00″ N, long. 081°22′17.83″ W) GUANO, FL WP (Lat. 29°05′58.73″ N, long. 081°23′18.93″ W) MRUTT, FL WP (Lat. 29°12′12.40″ N, long. 081°23′55.50″ W) FOXAM, FL WP (Lat. 29°33′37.73″ N, long. 081°09′37.84″ W) ASTOR, FL WP (Lat. 29°47′55.30″ N, long. 081°18′06.11″ W)

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* * * * * EPA public comment policy, EPA is proposing to approve Utah’s Issued in Washington, DC, on June 10, information about CBI or multimedia March 7, 2016 regional haze Progress 2020. submissions, and general guidance on Report SIP submittal. making effective comments, please visit Scott M. Rosenbloom, II. Background http://www2.epa.gov/dockets/ Acting Manager, Rules and Regulations Group. commenting-epa-dockets. A. Requirements of the Clean Air Act Docket: All documents in the docket and the EPA’s Regional Haze Rule [FR Doc. 2020–12856 Filed 6–15–20; 8:45 am] are listed in the www.regulations.gov In section 169A of the 1977 BILLING CODE 4910–13–P index. Although listed in the index, Amendments to the CAA, Congress some information is not publicly created a program for protecting available, e.g., CBI or other information visibility in the nation’s national parks ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. and wilderness areas. This section of the AGENCY Certain other material, such as CAA establishes ‘‘as a national goal the copyrighted material, will be publicly prevention of any future, and the 40 CFR Part 52 available only in hard copy. Publicly remedying of any existing, impairment [EPA–R08–OAR–2019–0621; FRL–10008– available docket materials are available 52–Region 8] either electronically in of visibility in mandatory Class I www.regulations.gov. To reduce the risk Federal areas which impairment results Approval and Promulgation of of COVID–19 transmission, for this from manmade air pollution.’’ The EPA promulgated a rule to Implementation Plans; Utah; Regional action we do not plan to offer hard copy address regional haze on July 1, 1999.2 Haze 5-Year Progress Report State review of the docket. Please email or The Regional Haze Rule revised the Implementation Plan call the person listed in the FOR FURTHER existing visibility regulations 3 to INFORMATION CONTACT section if you AGENCY: Environmental Protection integrate provisions addressing regional Agency (EPA). need to make alternative arrangements for access to the docket. haze and established a comprehensive ACTION: Proposed rule. visibility protection program for Class I FOR FURTHER INFORMATION CONTACT: areas. The requirements for regional Jaslyn Dobrahner, Air and Radiation SUMMARY: The Environmental Protection haze, found at 40 CFR 51.308 and 40 Division, EPA, Region 8, Mailcode Agency (EPA) is proposing to approve a CFR 51.309, are included in the EPA’s 8ARD–IO, 1595 Wynkoop Street, regional haze progress report State visibility protection regulations at 40 Denver, Colorado, 80202–1129, (303) Implementation Plan (SIP) revision CFR 51.300 through 40 CFR 51.309. The 312–6252, [email protected]. submitted by the State of Utah on March EPA revised the Regional Haze Rule on 7, 2016. The revision addresses the SUPPLEMENTARY INFORMATION: January 10, 2017.4 requirements for states to submit Throughout this document wherever The CAA requires each state to periodic reports describing progress ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean develop a SIP to meet various air quality toward reasonable progress goals the EPA. requirements, including protection of established for regional haze and a I. What action is the EPA proposing? visibility.5 Regional haze SIPs must determination of adequacy of the State’s On March 7, 2016, Utah submitted a assure reasonable progress toward the regional haze SIP. The EPA is taking national goal of achieving natural this action pursuant to section 110 of Progress Report SIP revision (Progress Report) which: (1) Detailed the progress visibility conditions in Class I areas. A the Clean Air Act (CAA). state must submit its SIP and SIP DATES made toward achieving progress for : Written comments must be 1 revisions to the EPA for approval. Once received on or before July 16, 2020. improving visibility at Class I areas, and (2) declared a determination of approved, a SIP is enforceable by the ADDRESSES: Submit your comments, adequacy of the State’s regional haze EPA and citizens under the CAA. If a identified by Docket ID No. EPA–R08– plan to meet reasonable progress goals. state elects not to make a required SIP OAR–2019–0621, to the Federal The State provided a public hearing for submittal, fails to make a required SIP Rulemaking Portal: https:// comment on the Progress Report on submittal, or if we find that a state’s www.regulations.gov. Follow the online December 1, 2014 and provided Federal required submittal is incomplete or not instructions for submitting comments. Land Managers (FLMs) an opportunity approvable, then we must promulgate a Once submitted, comments cannot be to comment on the Progress Report. The federal implementation plant (FIP) to edited or removed from fill this regulatory gap.6

www.regulations.gov. The EPA may 1 42 U.S.C. 7491(a). Areas designated as B. Requirements for Regional Haze SIPs publish any comment received to its mandatory Class I Federal areas consist of national Submitted Under 40 CFR 51.309 public docket. Do not submit parks exceeding 6,000 acres, wilderness areas and electronically any information you national memorial parks exceeding 5,000 acres, and The EPA’s Regional Haze Rule all international parks that were in existence on consider to be Confidential Business August 7, 1977. 42 U.S.C. 7472(a). In accordance provides two paths to address regional Information (CBI) or other information with section 169A of the CAA, EPA, in consultation haze. One is 40 CFR 51.308, which whose disclosure is restricted by statute. with the Department of Interior, promulgated a list requires states to perform individual of 156 areas where visibility is identified as an Multimedia submissions (audio, video, important value. 44 FR 69122 (Nov. 30, 1979). The 2 64 FR 35714, 35714 (July 1, 1999) (codified at etc.) must be accompanied by a written extent of a mandatory Class I area includes 40 CFR part 51, subpart P). comment. The written comment is subsequent changes in boundaries, such as park 3 The EPA had previously promulgated considered the official comment and expansions. 42 U.S.C. 7472(a). Although states and tribes may designate as Class I additional areas regulations to address visibility impairment in Class should include discussion of all points whose visibility they consider to be an important I areas that is ‘‘reasonably attributable’’ to a single you wish to make. The EPA will value, the requirements of the visibility program set source or small group of sources, i.e., reasonably generally not consider comments or forth in section 169A of the CAA apply only to attributable visibility impairment (RAVI). 45 FR 80084, 80084 (Dec. 2, 1980). comment contents located outside of the ‘‘mandatory Class I Federal areas.’’ Each mandatory Class I Federal area is the responsibility of a 4 82 FR 3078 (Jan. 10, 2017). primary submission (i.e., on the web, ‘‘Federal Land Manager.’’ 42 U.S.C. 7602(i). When 5 42 U.S.C. 7410(a), 7491, and 7492(a); CAA cloud, or other file sharing system). For we use the term ‘‘Class I area’’ in this section, we sections 110(a), 169A, and 169B. additional submission methods, the full mean a ‘‘mandatory Class I Federal area.’’ 6 42 U.S.C. 7410(c)(1).

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point source best available retrofit requirements for Transport Region State provides an alternative to BART for technology (BART) determinations and progress reports are similar to those for Hunter and Huntington that would evaluate the need for other control other states, but the requirements for the provide greater reasonable progress strategies. The other method for reports are codified at 40 CFR toward natural visibility conditions than addressing regional haze is through 40 51.309(d)(10). BART. On January 22, 2020, the EPA CFR 51.309, and is an option for states proposed to approve the July 3, 2019 D. Regulatory and Legal History of the termed the ‘‘Transport Region States,’’ SIP revision.17 Utah Regional Haze SIP and FIP including Utah. Transport Region States III. The EPA’s Evaluation of Utah’s can adopt regional haze strategies based On May 26, 2011, Utah submitted Progress Report and Adequacy on recommendations from the Grand regional haze SIP revisions addressing Determination Canyon Visibility Transport the requirements of 40 CFR 51.309 that, Commission (GCVTC) for protecting the for the most part, superseded and A. Regional Haze Progress Report replaced regional haze SIP revisions 16 Class I areas on the Colorado In this action, the EPA is proposing to 7 submitted on December 12, 2003, Plateau. The GCVTC submitted an approve Utah’s Progress Report and the August 8, 2004, and September 9, 2008.9 annex to the EPA, known as the State’s determination that the existing On December 14, 2012, the EPA Backstop Trading Program, containing regional haze implementation plan approved the SIP revisions as meeting annual sulfur dioxide (SO2) emissions requires no further substantive revision. reduction milestones and detailed the requirements of the Regional Haze Utah’s Progress Report must meet the provisions of a backstop trading Rule except for the requirements under requirements set forth in 40 CFR program to be implemented 40 CFR 51.309(d)(4)(vii) pertaining to 10 51.309(d)(10)(i). The State must also automatically if measures failed to NOX and PM BART. On June 4, 2015, provide a determination of the adequacy achieve the SO2 milestones. Utah the State of Utah submitted to the EPA of the existing implementation plan to submitted a regional haze SIP under 40 a revision to its Regional Haze SIP to ensure reasonable progress. 40 CFR CFR 51.309 to address stationary source address the requirements under 40 CFR 51.309(d)(10)(ii). If the State determines SO2 emissions reductions and submitted 51.309(d)(4)(vii) pertaining to NOX and that the existing implementation plan a regional haze SIP under 40 CFR PM BART, which included an requires no further revision, then the 11 51.309(d)(4)(vii) to address stationary alternative to BART. On July 5, 2016, State must provide a negative source nitrogen oxide (NOX) and we partially approved and partially declaration that further revision of the particulate matter (PM) emissions disapproved the June 4, 2015 SIP existing implementation plan is not 12 reductions. revision. Specifically, the EPA needed at this time. Id. approved the State’s PM BART C. Requirements for the Five-Year As previously noted, on January 22, determination, but disapproved Utah’s Regional Haze Progress Report SIP 2020, the EPA proposed to approve a BART alternative for NOX. The EPA SIP revision that provides a BART Under both 40 CFR 51.308 and 40 promulgated a FIP for those portions of alternative for the Hunter and CFR 51.309, states are required to the SIP that were disapproved.13 Several Huntington power plants.18 The EPA submit progress reports that evaluate 14 parties challenged the NOX BART FIP. has not yet taken final action to approve progress towards the reasonable As a result of the litigation, on the proposed SIP revision, and the EPA progress goals for each mandatory September 11, 2017, the EPA’s July 5, is not prejudging the outcome of that federal Class I area within the state and 2016 final rule was stayed by the U.S. rulemaking process. We note that in the in each Class I area outside the state that 15 Court of Appeals for the Tenth Circuit. event the proposed SIP revision is not may be affected by emissions from On July 3, 2019, Utah submitted a finalized, there is already a FIP in place within the state. In addition, the subsequent SIP revision intended to which addresses the previously provisions also require states to submit, replace the NOX BART FIP for identified SIP deficiencies. Thus, at the same time as the progress report, PacifiCorp’s Hunter and Huntington regardless of whether the EPA finalizes a determination of adequacy of the 16 power plants. The SIP revision the proposed approval of the Utah SIP state’s existing regional haze SIP. The first progress report must be in the form revision for the Hunter and Huntington Plan for Regional Haze (Utah Progress Report), page power plants, Utah will have an of a SIP revision and is due 5 years after F–8 (Feb. 16, 2016). implementation plan in place that fully submittal of the initial regional haze 9 We only acted on the state rules associated with SIP. the Backstop Trading Program and emissions addresses the regional haze As a Transport Region State, Utah inventories in the 2008 submittal because the 2011 requirements for the first submittal superseded and replaced all other implementation period. submitted its Progress Report SIP under sections. We took no action on the December 12, 40 CFR 51.309, and exercised the option 2003, and August 8, 2004, submittals because these 1. Status of Implementation of Control to meet the requirements contained in were superseded entirely by the 2011 submittal. 77 Measures 40 CFR 51.309 for regional haze FR 74355, 74356 (Dec.14, 2012). 10 Utah’s Progress Report must include a implementation plans.8 The 77 FR at 74357. 11 A State must demonstrate that a BART description of the status of alternative achieves greater reasonable progress implementation of all control measures 7 The Colorado Plateau is a high, semi-arid than source-specific BART. 40 CFR 51.308(e)(2), tableland in southeast Utah, northern Arizona, (e)(3). included in the regional haze SIP for northwest New Mexico, and western Colorado. The 12 81 FR 43894 (July 5, 2016). achieving reasonable progress goals for 16 mandatory Class I areas are: Grand Canyon 13 81 FR at 43896, 43907. Class I areas both within and outside of National Park, Mount Baldy Wilderness, Petrified 14 Forest National Park, Sycamore Canyon Wilderness, Utah v. EPA, No. 16–9541 (10th Cir.); the State. 40 CFR 51.309(d)(10)(i)(A). Black Canyon of the Gunnison National Park PacifiCorp v. EPA, No. 16–9542 (10th Cir.); Utah In its Progress Report, Utah Wilderness, Flat Tops Wilderness, Maroon Bells Associated Municipal Power Systems v. EPA, No. summarized the regional haze measures Wilderness, Mesa Verde National Park, Weminuche 16–9543 (10th Cir.); Deseret Generation that were relied upon in the regional Wilderness, West Elk Wilderness, San Pedro Park Transmission Cooperative v. EPA, No. 16–9545 Wilderness, Arches National Park, Bryce Canyon (10th Cir.). National Park, Canyonlands National Park, Capital 15 Utah v. EPA, No. 16–9541 (10th Cir.), ECF No. includes an amendment to the monitoring, record Reef National Park and Zion National Park. 10496767. keeping, and reporting requirements. 8 Utah Department of Environmental Quality, 16 On December 3, 2019, Utah submitted a 17 85 FR 3558 (Jan. 22, 2020). Progress Report for Utah’s State Implementation supplement to the July 2019 SIP submission that 18 Id.

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haze SIP, as well as the SO2 emissions Trading Program. The State referenced Regional SO2 Emissions and Milestones reduction strategies implemented by the SO2 emissions for sources associated Report 20 (Table 1). sources in New Mexico, Utah and with the SO2 Backstop Trading 19 Wyoming under the SO2 Backstop Program found within the 2013

TABLE 1—REPORTED EMISSIONS FOR SOURCES ASSOCIATED WITH THE BACKSTOP TRADING PROGRAM 21

Reported 2013 State Plant name SO2 emissions (tons)

NM ...... Agave Energy Co./Agave Dagger Draw Gas Plant ...... 14 NM ...... Frontier Field Services/Empire Abo Plant ...... 478 NM ...... DCP Midstream/Artesia Gas Plant ...... 284 NM ...... DCP Midstream/Eunice Gas Plant ...... 3,044 NM ...... DCP Midstream/Linam Ranch Gas Plant ...... 648 NM ...... Duke—Magnum/Pan Energy—Burton Flats ...... 0 NM ...... Duke Energy/Dagger Draw Gas Plant ...... 0 NM ...... Versado Gas Processors, LP/Eunice Gas Plant ...... 184 NM ...... Frontier Field Services/Maljamar Gas Plant ...... 2,244 NM ...... Western Refining Southwest Inc-Gallup Refinery ...... 34 NM ...... Davis Gas Processing/Denton Plant ...... 972 NM ...... OXY USA WTP Limited Partnership—Indian Basin Gas Plant ...... 44 NM ...... Navajo Refining Co/Artesia Refinery ...... 39 NM ...... Public Service Co of New Mexico/San Juan Generating Station ...... 6,076 NM ...... Raton Pub. Service/Raton Power Plant ...... 0 NM ...... Regency Field Services/Jal #3 ...... 1,002 NM ...... Versado Gas Processors, LP/Eunice South Gas Plant ...... 0 NM ...... Versado Gas Processors, LLC/Monument Plant ...... 723 NM ...... Versado Gas Processors, LLC/Saunders Plant ...... 369 NM ...... Tri-State Gen & Transmission/Escalante Station ...... 951 NM ...... Western Gas Resources/San Juan River Gas Plant ...... 58 NM ...... Western Refining Southwest Inc./Bloomfield Products Terminal ...... 0 NM ...... ConocoPhillips-Midland Office/MCA Tank Battery No. 2 ...... 195 NM ...... ConocoPhillips-Midland Office/East Vacuum Liquid Recovery and CO2 Plant ...... 156 UT ...... Brigham Young University—Main Campus ...... 120 UT ...... Chevron Products Co—Salt Lake Refinery ...... 26 UT ...... Big West Oil Company—Flying J Refinery ...... 45 UT ...... Graymont Western US Inc—Cricket Mountain Plant ...... 52 UT ...... Holcim—Devil’s Slide Plant ...... 172 UT ...... Holly Refining and Marketing Co—Phillips Refinery ...... 101 UT ...... Intermountain Power Service Corporation—Intermountain Generating Station ...... 4,724 UT ...... Kennecott Utah Copper Corp—Power Plant/Lab/Tailings Impoundment ...... 1,810 UT ...... Kennecott Utah Copper Corp—Smelter and Refinery ...... 727 UT ...... Materion Natural Resources—Delta Mill ...... 0 UT ...... PacifiCorp—Carbon Power Plant ...... 7,702 UT ...... PacifiCorp—Hunter Power Plant ...... 5,055 UT ...... PacifiCorp—Huntington Power Plant ...... 2,409 UT ...... Patara Midstream LLC Lisbon Natural Gas Processing Plant ...... 5 UT ...... Sunnyside Cogeneration Associates—Sunnyside Cogeneration Facility ...... 917 UT ...... Tesoro West Coast—Salt Lake City Refinery ...... 664 UT ...... Utelite Corporation—Shale Processing ...... 80 WY ...... American Colloid Mineral Co—East Colony ...... 96 WY ...... American Colloid Mineral Co—West Colony ...... 0 WY ...... Basin Electric—Dry Fork Station ...... 830 WY ...... Basin Electric—Laramie River Station ...... 9,286 WY ...... Big Horn Gas Processing—Big Horn/Byron Gas Plant ...... 0 WY ...... Black Hills Corporation—Neil Simpson I ...... 879 WY ...... Black Hills Corporation—Neil Simpson II ...... 511 WY ...... Black Hills Corporation—Osage Plant ...... 0 WY ...... Black Hills Corporation—Wygen I ...... 566 WY ...... Cheyenne Light Fuel and Power Company—Wygen II ...... 172 WY ...... Black Hills Corporation—Wygen III ...... 315 WY ...... Burlington Resources—Bighorn Wells ...... 0 WY ...... Burlington Resources—Lost Cabin Gas Plant ...... 1,998 WY ...... Chevron USA—Carter Creek Gas Plant ...... 596 WY ...... Chevron USA—Table Rock Field ...... 0 WY ...... Chevron USA—Table Rock Gas Plant ...... 22 WY ...... Chevron USA—Whitney Canyon/Carter Creek Wellfield ...... 3 WY ...... Devon Energy Production Co., L.P.—Beaver Creek Gas Field ...... 2 WY ...... Devon Gas Services, L.P.—Beaver Creek Gas Plant ...... 49

19 20 21 Utah Progress Report, page F–12. Western Regional Air Partnership, 2013 In 2013, three states participated in the SO2 Regional SO2 Emissions and Milestone Report Backstop Trading Program. SO2 emissions from all (March 18, 2015). three participating states are recorded and collectively compared to the milestone.

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TABLE 1—REPORTED EMISSIONS FOR SOURCES ASSOCIATED WITH THE BACKSTOP TRADING PROGRAM 21—Continued

Reported 2013 State Plant name SO2 emissions (tons)

WY ...... Encore Operating LP—Elk Basin Gas Plant ...... 824 WY ...... Exxon Mobil Corporation—Labarge Black Canyon Facility ...... 139 WY ...... Exxon Mobil Corporation—Shute Creek ...... 885 WY ...... FMC Corp—Green River Sodium Products ...... 2,942 WY ...... FMC Wyoming Corporation Granger Soda Ash Plant ...... 344 WY ...... Frontier Oil & Refining Company—Cheyenne Refinery ...... 267 WY ...... Worland Plant ...... 25 WY ...... Marathon Oil Co—Oregon Basin Gas Plant ...... 182 WY ...... Marathon Oil Co—Oregon Basin Wellfield ...... 40 WY ...... Merit Energy Company—Brady Gas Plant ...... 316 WY ...... Merit Energy Company—Whitney Facility ...... 1 WY ...... Merit Energy Company—Whitney Canyon Wellfield ...... 0 WY ...... Mountain Cement Company—Laramie Plant ...... 273 WY ...... P4 Production, L.L.C.—Rock Springs Coal Calcining Plant ...... 754 WY ...... PacifiCorp—Dave Johnston Plant ...... 8,648 WY ...... PacifiCorp—Jim Bridger Plant ...... 11,397 WY ...... PacifiCorp—Naughton Plant ...... 6,741 WY ...... PacifiCorp—Wyodak Plant ...... 2,236 WY ...... Simplot Phosphates LLC—Rock Springs Plant ...... 1,222 WY ...... Sinclair Oil Company—Sinclair Refinery ...... 154 WY ...... Sinclair Wyoming Refining Company—Casper Refinery ...... 225 WY ...... Solvay Chemicals—Soda Ash Plant (Green River Facility) ...... 42 WY ...... TATA Chemicals (Soda Ash Partners)—Green River Plant ...... 4,662 WY ...... The Western Sugar Cooperative—Torrington Plant ...... 203 WY ...... University of Wyoming—Heat Plant ...... 160 WY ...... Wyoming Refining—Newcastle Refinery ...... 263

Utah’s Progress Report identified four associated with PM and NOX emissions above, the EPA has proposed but not yet stationary sources subject to BART: for these four units in addition to the taken final action with respect to Utah’s PacifiCorp Hunter Units 1 and 2 and three other units included in the June BART alternative for the Hunter and PacifiCorp Huntington Units 1 and 2. 2015 and July 2019 BART alternatives Huntington Units. The status of control measures are provided in Table 2. As explained

TABLE 2—CONTROL MEASURES AND UPDATES FOR SOURCES SUBJECT TO BART AND THE BART ALTERNATIVE IN UTAH 22

12 3 Unit PM control type PM emission limit NOX control type NOX emission limit

Hunter Unit 1 ...... Fabric Filter (completed in 0.015 lb/MMBtu (three-run Low-NOX burners (LNB) + 0.26 lb/MMBtu (30-day 2014). test average). separated overfire air rolling). (SOFA) (completed in 2014). Hunter Unit 2 ...... Fabric Filter (completed in 0.015 lb/MMBtu (three-run LNB + SOFA (completed 0.26 lb/MMBtu (30-day 2011). test average). in 2011). rolling). Hunter Unit 3 ...... NA ...... NA ...... LNB + SOFA (completed 0.34 lb/MMBtu (30-day in 2008)4. rolling). Huntington Unit 1 ...... Fabric Filter (completed in 0.015 lb/MMBtu (three-run LNB + SOFA (completed 0.26 lb/MMBtu (30-day 2010). test average). in 2010). rolling). Huntington Unit 2 ...... Fabric Filter (completed in 0.015 lb/MMBtu (three-run LNB + SOFA (completed 0.26 lb/MMBtu (30-day 2006). test average). in 2006). rolling). Carbon Unit 1 ...... NA ...... Shutdown by August 15, NA ...... Shutdown by August 15, 2015. 2015. Carbon Unit 2 ...... NA ...... Shutdown by August 15, NA ...... Shutdown by August 15, 2015. 2015. 1 Based on annual stack testing. 2 The BART PM emissions limits were previously approved in our July 2016 final rule. 81 FR at 43907. 3 Based on continuous emission monitoring system (CEMS) measurement. 4 81 FR 2004, 2018 (Jan. 14, 2016).

In addition to summarizing the status the June 2015 SIP submittal (i.e. Utah submitted the and PM and NOX BART controls, Utah same NO BART alternative in the June 2015 and of the SO2 Backstop Trading Program X provides an update on the State’s Smoke July 2019 SIPs). As explained above, the EPA proposed to approve the July 2019 SIP on January Management Plan (SMP) which 22 Obtained from the July 2019 Utah regional haze 22, 2020. 85 FR at 3558. By including these SIP provides operating procedures for SIP submittal, Section IX.H.22. The measures in the measures here, the EPA is not prejudging the federal and state agencies that use NOX BART alternative of the July 2019 SIP outcome of its ongoing rulemaking process submittal are identical to those in the alternative in regarding the 2019 SIP. prescribed fire, wildfire, and wildland

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fire on federal, state and private in accordance with evaluations treatments to fire and agricultural wildlands in Utah.23 Federal and state conducted by the Utah Airshed burning in addition to the 2011 land managers and the Utah Department Oversight Group, was revised in 2006 prescribed fire emissions (Table 3).24 of Air Quality formed the Utah Airshed and 2014 and included the transition to Oversight Group to manage, oversee, a web-based burn permitting program. and evaluate the SMP. After being In its Progress Report, the State provides certified by the EPA in 1999, the SMP, the status of Utah’s alternative

TABLE 3—PRESCRIBED FIRE EMISSIONS IN 2011

Projects Tons Percent Agency implemented Black acres consumed Tons of PM10 %

Bureau of Indian Affairs ...... 2 3,900 56,550 707 2 Bureau of Land Management ...... 21 1,621 11,722 134 19 Forest Service ...... 44 10,484 194,837 2,385 40 Fish and Wildlife Service ...... 4 2,505 7,453 39 4 National Park Service ...... 9 429 5,024 67 8 Utah Division of Forestry, Fire, and State Lands ...... 29 3,074 28,570 333 27

Totals ...... 109 22,013 304,156 3,665 100

Finally, Utah also provides status provisions under 40 CFR mentioned in 40 CFR updates in the Progress Report for the 51.309(d)(10)(i)(A) regarding the 51.309(d)(10)(i)(A). 40 CFR Clean Air Corridor,25 Pollution implementation status of control 51.309(d)(10)(i)(B) Prevention and Renewable Energy,26 measures because the State’s Progress In its Progress Report, Utah presents Report provides documentation of the mobile sources, comprehensive information on emissions reductions implementation of control measures emissions tracking system, New Source achieved from the pollution control within Utah, including the BART- Performance Standards, Prevention of strategies discussed above. The State Significant Deterioration, New Source eligible sources. provides regional SO2 emissions from Review, Maximum Achievable Control 2. Summary of Emissions Reductions 2003 through 2013 (Table 4) as well as Technology, and other Grand Canyon Achieved statewide SO2, NOX, ammonia, volatile Visibility Transport Commission Utah’s Progress Report must include a organic compounds, primary organic 27 recommendations. summary of the emissions reductions aerosol, elemental carbon, fine soil, and The EPA proposes to find that Utah achieved throughout the State through coarse mass emissions in 2002 and has adequately addressed the applicable implementation of control measures 2008. (Table 5).

28 TABLE 4—REGIONAL SO2 EMISSIONS AND MILESTONES

Adjusted Adjusted reported regional Year SO2 emissions milestone (tons) (tons)

2003 ...... * 330,679 * 447,383 2004 ...... * 337,970 * 448,259 2005 ...... * 304,591 * 446,903 2006 ...... ** 279,134 ** 20,194 2007 ...... ** 273,663 ** 420,637 2008 ...... ** 244,189 378,398 2009 ...... 143,704 234,903 2010 ...... 131,124 200,722 2011 ...... 117,976 200,722 2012 ...... 96,246 200,722 2013 ...... 101,381 185,795 2014 ...... 92,533 170,868 2015 ...... 81,454 155,940

* Represents the adjusted SO2 emissions/milestone for Arizona, New Mexico, Oregon, Utah, Wyoming, and Albuquerque-Bernalillo County. ** Represents the adjusted SO2 emissions/milestone for Arizona, New Mexico, Utah, Wyoming, and Albuquerque-Bernalillo County. Figures with no asterisk represent the adjusted SO2 emissions/milestone for New Mexico, Utah, Wyoming, and Albuquerque-Bernalillo County.

23 Utah Progress Report, page F–14–F–16. 26 The Grand Canyon Visibility Transport Documents, https://www.wrapair.org//forums/309/ 24 Utah Progress Report, page F–15. Commission set a goal of achieving 10 percent of docs.html (last visited April 3, 2020). This Table 25 The Clean Air Corridor is an area covering generation from renewable resources in 2005 and 20 represents the adjusted SO2 emissions/milestone for major portions of Nevada, southern Utah, eastern percent in 2015. Utah reports that significant New Mexico, Utah, Wyoming, and Albuquerque- progress has been made towards these goals. Utah Oregon and southwestern Idaho intended to Bernalillo County. Adjustments to reported Progress Report, page F–17. represent a region from which clean air transport emissions are required to allow the basis of current influences many of the clean air days at Grand 27 Utah Progress Report, pages F–18–F–20. emissions estimates to account for changes in Canyon National Park. Utah Progress Report, page 28 See Utah Progress Report, page F–20; see also F–16. Western Regional Air Partnership, 309 Committee: monitoring and calculation methods.

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TABLE 5—SO2, NOX, AMMONIA, VOLATILE ORGANIC COMPOUNDS, PRIMARY ORGANIC AEROSOL, ELEMENTAL CARBON, FINE SOIL, AND COARSE MASS EMISSIONS 29

Difference between 2002 and 2008 Pollutant 2002 Emissions † 2008 Emissions ‡ emissions (tons/year) (tons/year) (tons/year)/ percent change

Sulfur Dioxide ...... 54,083 31,190 ¥22,892/¥42 Nitrogen Oxides ...... 239,969 193,322 ¥38,262/¥19 Ammonia ...... 29,999 39,744 9,745/32 Volatile Organic Compounds ...... 827,515 396,449 ¥431,066/¥52 Primary Organic Aerosol ...... 29,407 7,547 ¥21,860/¥74 Elemental Carbon ...... 8,769 4,098 ¥4,671/¥53 Fine Soil ...... 14,877 28,536 13,659/92 Coarse Mass ...... 97,500 214,745 117,245/>100 † Plan02d. ‡ WestJump2008.

The emissions data show that there 3. Visibility Conditions and Changes TABLE 6—UTAH’S CLASS I AREAS AND were decreases in emissions of SO2, IMPROVE SITES Pursuant to 40 CFR 51.309(d)(10)(i)(C) NOX, volatile organic compounds, primary organic aerosol, and elemental for each mandatory Class I area within Class I area IMPROVE site the State, Utah must assess the carbon. Furthermore, regional SO2 Arches National Park ...... CANY1 emissions have been below the following visibility conditions and Bryce Canyon National Park ...... BRCA1 milestone every year. According to the changes, with values for most impaired Canyonlands National Park ...... CANY1 and least impaired days 33 expressed in Capitol Reef National Park ...... CAPI1 State, increases in emissions of coarse Zion National Park ...... ZICA1 * and fine particulate between 2002 and terms of five-year averages of these annual values: * The ZICA1 monitoring site replaced the ZION1 2008 (>100 percent and 92 percent, monitoring site in 2003. respectively) may be due to i. Assess the current visibility The Progress Report addressed enhancements in dust inventory conditions for the most impaired and current visibility conditions and the methodology rather than changes in least impaired days. difference between the baseline period actual emissions.30 Similarly, ammonia ii. Analyze the difference between visibility conditions, progress period emissions increased by 32 percent current visibility conditions for the most visibility conditions, and current period between 2002 and 2008. According to impaired and least impaired days and visibility conditions with values for the the State, increases in ammonia baseline visibility conditions. most impaired (20 percent worst days) emissions, which are predominantly iii. Evaluate the change in visibility and least impaired and/or clearest days from area sources and on-road mobile impairment for the most impaired and (20 percent best days). Table 7: sources, may be due to a combination of least impaired days over the past five Visibility Progress in Utah’s Class I population changes and differences in years. Areas, shows the difference between the methodologies used to estimate these current period (represented by 2009– emissions.31 In its Progress Report, Utah provides 2013 data) and the baseline visibility information on visibility conditions for The EPA proposes to conclude that data (represented by 2000–2004 data) 34 the Class I areas within its borders. Utah has adequately summarized the in addition to the Preliminary There are five Class I areas located in 35 emissions reductions achieved Reasonable Progress (PRP) projection. Utah: Arches National Park, Bryce throughout the State in its Progress The PRP was developed by the WRAP Canyon National Park, Canyonlands Report as required under 40 CFR as the projected visibility improvement National Park, Capitol Reef National 51.309(d)(10)(i)(B). In meeting this for 2018, and reflects growth plus all Park, and Zion National Park. controls ‘‘on the books’’ as of a certain requirement, the EPA does not expect Monitoring and data representing date.36 Table 8: Visibility Rolling 5-Year states to quantify emissions reductions visibility conditions in Utah’s five Class Averages in Utah’s Class I Areas, shows for measures which had not yet been I areas is based on the four Interagency the rolling 5-year average visibility from implemented or for which the Monitoring of Protected Visual 2000–2013 as well as the change from compliance date had not yet been Environments (IMPROVE) monitoring the first 5-year rolling average period reached at the time progress reports are (2000–2004) to the last 5-year rolling 32 sites located across the State (Table 6). finalized. average period (2009–2013).

29 Utah Progress Report, pages F–50–F–57. visibility impairment (measured in deciviews) for ‘‘worst’’ have the same meaning and ‘‘least 30 Utah Progress Report, page F–49. the 20% of monitored days in a calendar year with impaired’’ and ‘‘best’’ have the same meaning. 31 Utah Progress Report, page F–48. the highest and lowest amount of visibility 34 Utah Progress Report, pages F–31–F–32. 32 The Utah Progress Report is dated May 18, impairment, respectively, averaged over a five-year 35 77 FR at 74361–62. 2015. period. See 40 CFR 51.301. In the context of 40 CFR 36 PRPa predicts improvement as of March 2007, 33 The ‘‘most impaired days’’ and ‘‘least impaired 51.309 and this document, ‘‘most impaired’’ and while PRPb predicts improvement as of March days’’ in the regional haze rule refers to the average 2009.

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TABLE 7—VISIBILITY PROGRESS IN UTAH’S CLASS I AREAS

2018 preliminary IMPROVE Baseline Progress Current Difference Difference reasonable Class I area site period period period (progress— (current— progress 2000–04 2005–09 2009–13 baseline) baseline) PRP18a/ PRP18b

Deciview

20% Worst Days

Arches National Park ...... CANY1 ...... 11.2 11.0 10.8 ¥0.2 ¥0.4 10.9/10.7 Bryce Canyon National Park ...... BRCA1 ...... 11.6 11.9 10.6 0.3 ¥1.0 11.2/11.1 Canyonlands National Park ...... CANY1 ...... 11.2 11.0 10.8 ¥0.2 ¥0.4 10.9/10.7 Capitol Reef National Park ...... CAPI1 ...... 10.9 11.3 10.2 0.4 ¥0.7 10.5/10.4 Zion National Park ...... ZICA1 ...... 12.5 12.3 10.8 ¥0.2 ¥1.7 ** NA

20% Best Days

Arches National Park ...... CANY1 ...... 3.7 2.8 3.1 ¥0.9 ¥0.6 3.5 Bryce Canyon National Park ...... BRCA1 ...... 2.8 2.1 1.8 ¥0.7 ¥1.0 2.6 Canyonlands National Park ...... CANY1 ...... 3.7 2.8 3.1 ¥0.9 ¥0.6 3.5 Capitol Reef National Park ...... CAPI1 ...... 4.1 2.7 2.6 ¥1.4 ¥1.5 3.9 Zion National Park ...... ZICA1 ...... 5.0 4.3 4.3 ¥0.7 ¥0.7 ** NA ** There are no PRPs established for the ZICA1 monitor. The PRP18a was originally established for the original ZION1 IMPROVE monitor, which was discontinued on July 29, 2004.

TABLE 8—VISIBILITY ROLLING 5-YEAR AVERAGES IN UTAH’S CLASS I AREAS

Change Class I area IMPROVE 2000–04 2005–09 2006–10 2007–11 2008–12 2009–13 from site baseline

Deciview

20% Worst Days

Arches National Park ...... CANY1 ...... 11.2 11.0 11.0 10.9 11.0 10.8 ¥0.4 Bryce Canyon National BRCA1 ...... 11.6 11.9 11.4 11.4 11.0 10.6 ¥1.0 Park. Canyonlands National Park CANY1...... 11.2 11.0 11.0 10.9 11.0 10.8 ¥0.4 Capitol Reef National Park CAPI1 ...... 10.9 11.3 10.8 10.4 10.5 10.2 ¥0.7 Zion National Park ...... ZICA1 ...... 12.5 12.3 12.5 12.2 11.5 10.8 ¥1.7

20% Best Days

Arches National Park ...... CANY1 ...... 3.7 2.8 2.9 2.9 2.9 3.1 ¥0.6 Bryce Canyon National BRCA1 ...... 2.8 2.1 2.0 2.0 1.8 1.8 ¥1.0 Park. Canyonlands National Park CANY1...... 3.7 2.8 2.9 2.9 2.9 3.1 ¥0.6 Capitol Reef National Park CAPI1 ...... 4.1 2.7 2.6 2.7 2.5 2.6 ¥1.5 Zion National Park ...... ZICA1 ...... 5.0 4.3 4.5 4.4 4.2 4.2 ¥0.8

As shown in Table 7, all the In its Progress Report, Utah of monitored visibility data as required IMPROVE monitoring sites within the demonstrates that particulate organic by the Regional Haze Rule. State show improvement in visibility matter was the largest contributor to 4. Emissions Tracking Analysis conditions between the baseline (2000– light extinction on the 20 percent worst 2004) and current (2009–2013) periods days with the largest difference between Utah’s Progress Report must include on both the 20 percent worst visibility the 5-year average baseline and progress an analysis tracking the change over the and 20 percent best visibility days. In periods at the Bryce Canyon National past five years in emissions of Park (BRCA1) site.38 According to the addition, all of Utah’s Class I areas met pollutants contributing to visibility State, the difference between the 5-year the PRP18a on both the 20 percent worst impairment from all sources and average baseline and progress periods at and 20 percent best visibility days over activities within the State. 40 CFR the BRCA1 site was influenced by large the current (2009–2013) period (Table 51.309(d)(10)(i)(D). 7). Furthermore, deciview improvement wildfire events in July and August of 2009.39 In its Progress Report, Utah presents was consistent over the 2000–2013 time data from a 2008 emissions inventory, period, using 5-year rolling averages The EPA proposes to conclude that Utah has adequately addressed the which leverages inventory development (Table 8).37 requirements under 40 CFR work performed by the Western 51.309(d)(10)(i)(C) to include summaries Regional Air Partnership (WRAP) for the 37 Refer to the Utah Progress Report for pollutant West-wide Jumpstart Air Quality contributions at each Class I area and 5-year rolling 38 Utah Progress Report, pages F–34, F–37. averages. Utah Progress Report, pages F–39–F–46. 39 Utah Progress Report, pages F–10, F–37.

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Modeling Study (WestJumpAQMS) 40 to the baseline emissions inventory for primary organic aerosol, elemental and the Deterministic & Empirical 2002 (Plan02d).41 The pollutants carbon, fine soil, and coarse mass from Assessment of Smoke’s Contribution to inventoried include the following both anthropogenic and natural sources Ozone (DEASCO3) modeling projects, source classifications: SO2, NOX, (Table 9). termed WestJump2008 and compares it ammonia, volatile organic compounds,

TABLE 9—EMISSIONS PROGRESS IN UTAH

Pollutant (anthropogenic, 2002 emissions 2008 emissions Difference 2018 preliminary natural, (Plan02d) (WestJump2008) (percent change) reasonable progress and total sources) (PRP18a)

tons/year

SO2: Anthropogenic ...... 51,665 31,410 ¥20,256 (¥39) 42,096 Natural ...... 2,418 92 ¥2,326 (¥96) 2,418 Total ...... 54,083 31,190 ¥22,892 (¥42) 44,513

NOX: Anthropogenic ...... 218,499 194,913 ¥23,586 (¥11) 150,593 Natural ...... 21,470 6,793 ¥14,676 (¥68) 21,470 Total ...... 239,969 193,322 ¥38,262 (¥19) 172,063

Ammonia: Anthropogenic ...... 28,107 39,295 11,188 (40) 29,947 Natural ...... 1,893 449 ¥1,444 (¥76) 1,893 Total ...... 29,999 39,744 9,745 (32) 31,840

Volatile Organic Compounds: Anthropogenic ...... 166,550 228,985 62,434 (37) 213,767 Natural ...... 660,965 238,518 ¥422,447 (¥64) 660,966 Total ...... 827,515 396,449 ¥431,066 (¥52) 874,732

Primary Organic Aerosol: Anthropogenic ...... 3,220 6,379 3,159 (98) 3,064 Natural ...... 26,187 1,167 ¥25,020 (¥96) 26,188 Total ...... 29,407 7,547 ¥21,860 (¥74) 29,252

Elemental Carbon: Anthropogenic ...... 3,364 3,889 524 (16) 1,327 Natural ...... 5,405 209 ¥5,196 (¥96) 5,405 Total ...... 8,769 4,098 ¥4,671 (¥53) 6,732

Fine Soil: Anthropogenic ...... 5,585 17,297 11,712 (>100) 7,953 Natural ...... 9,292 11,239 1,947 (21) 9,292 Total ...... 14,877 28,536 13,659 (92) 17,245

Coarse Mass: Anthropogenic ...... 23,676 117,232 93,556 (>100) 36,357 Natural ...... 73,824 97,513 23,689 (32) 73,824 Total ...... 97,500 214,745 117,245 (>100) 110,181

Overall, Utah’s emissions that affect inventories was in SO2 emissions which emissions. Indeed, a triennial inventory visibility were reduced in all sectors for can be attributed to the implementation for 2011 shows point source NOX all pollutants (total) except for ammonia of the SO2 Backstop Trading Program in emissions of 69,913 tons per year which and coarse and fine particulate matter December 2003.44 The largest increase is 17 percent lower than recorded in the 46 categories. Similar to other Western in point source inventories was in NOX base year inventory. states,42 Utah cites large variability in emissions going from 84,218 tons per The EPA proposes to conclude that changes in windblown dust observed for year in 2002 to 87,623 tons per year in Utah has adequately addressed the contiguous Western states, which was 2008.45 According to the State, the requirements under 40 CFR likely due in large part to enhancements differences in NOX emissions 51.309(d)(10)(i)(D) to track changes in in dust inventory methodology rather inventories result from normal emissions of pollutants contributing to than changes in actual emissions.43 The fluctuations in plant operations and do visibility impairment from all sources largest decrease in point source not indicate a trend of increasing and activities within the State.

40 WRAP Regional Technical Center and West available in the docket for this action, ‘‘WestJump 43 Utah Progress Report, page F–49. Jump AQMS, https://www.wrapair2.org/ Fact Sheet.’’ 44 Utah Progress Report, page F–50. 41 WestJumpAQMS.aspx (last visited March 19, 2020). Utah Progress Report, pages F–46, F–48. 45 Utah Progress Report, page F–51. 42 84 FR 32682, 32687 (July 9, 2019), 85 FR 21341 Additional information on the WestJump study 46 Utah Progress Report, page F–48. (April 17, 2020).

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5. Assessment of Changes Impeding requirements under 40 CFR percent worst and 20 percent best Visibility Progress 51.309(d)(10)(i)(E) and proposes to agree visibility days over the current (2009– 50 Utah’s Progress Report must include with Utah that there have been no 2013) period; and (4) consistent an assessment of any significant changes significant changes in anthropogenic deciview improvement over the 2000– in anthropogenic emissions within or emissions that have limited or impeded 2013 time period, using 5-year rolling outside the State that have occurred progress in reducing pollutant averages. Thus, Utah is confident that over the past five years that have limited emissions and improving visibility. the current implementation plan elements and strategies are sufficient to or impeded progress in reducing 6. Assessment of Current pollutant emissions and improving make progress towards visibility goals. Implementation Plan Elements and The EPA proposes to conclude that visibility in Class I areas impacted by Strategies Utah has adequately addressed the the State’s sources. 40 CFR Utah’s Progress Report must include requirements under 40 CFR 51.309(d)(10)(i)(E). an assessment of whether the current 51.309(d)(10)(i)(F) and proposes to agree In its Progress Report, Utah provided implementation plan elements and with the State’s determination that an assessment of significant changes in strategies are sufficient to enable the implementation plan elements are anthropogenic emissions within or State, or other states with mandatory sufficient to enable the State to make outside the State. On the 20% worst Class I areas affected by emissions from reasonable progress towards the days over the 5-year period from 2005– the State, to meet all established WRAP’s PRPs. 2009, particulate organic matter and reasonable progress goals. 40 CFR ammonium sulfate were the two highest 51.309(d)(10)(i)(F). 7. Review of Current Monitoring contributors to haze in Class I areas in In its Progress Report, Utah provided Strategy Utah. According to the State, the an assessment of whether the current Utah’s Progress Report must include a primary sources of anthropogenic implementation plan elements and review of the State’s visibility particulate organic matter in Utah strategies in the regional haze SIP are monitoring strategy and any include prescribed forest and sufficient to enable the State, or other modifications to the strategy as agricultural burning, vehicle exhaust, states with Class I areas affected by necessary. 40 CFR 51.309(d)(10)(i)(G). vehicle refueling, solvent evaporation emissions from the State, to meet all The monitoring strategy for regional (e.g., paints), food cooking, and various established reasonable progress goals. In haze in Utah relies upon participation commercial and industrial sources. The particular, Utah compared visibility in the IMPROVE network, which is the State asserts that increases in conditions and emissions reductions to primary monitoring network for regional anthropogenic primary organic aerosols the WRAP PRP projections.48 haze nationwide. may be due to changes in methodology Under the Regional Haze Rule, states In its Progress Report, Utah between 2002 and 2008 and do not adopting the requirements of 40 CFR summarizes the existing monitoring necessarily reflect an actual change in 51.309 are deemed to have met the network, which includes four IMPROVE emissions. According to the State, the reasonable progress requirements for the monitors, used to monitor visibility at primary anthropogenic sources of SO2 Class I areas located on the Colorado the five Class I areas in the State. The include coal-burning power plants and Plateau. 40 CFR 51.309(a). Since all the State relies solely on the IMPROVE other industrial sources, with stationary Class I areas in Utah are on the Colorado monitoring network to track long-term point sources accounting for Plateau, the State met all reasonable visibility improvement and degradation approximately 90 percent of SO2 progress requirements for the Class I and will continue to rely on the emissions in Utah. The State asserts that areas in Utah. Additionally, Utah IMPROVE monitoring network, without SO2 emissions declined by 42 percent previously determined, and the EPA modifications to the existing network, between 2002 and 2008. Because agreed, that emissions from the State do for complying with the regional haze anthropogenic emissions within Utah not significantly impact or will not monitoring requirements. have decreased overall, Utah concludes significantly impact other states’ Class I The EPA proposes to find that Utah that anthropogenic SO2 emissions or areas. Thus, Utah was not required to adequately addressed the requirements other anthropogenic emissions have not establish reasonable progress goals.49 of 40 CFR 51.309(d)(10)(i)(G) because limited or impeded progress in reducing Accordingly, for the purpose of the State reviewed its visibility pollutant emissions or reducing evaluating this section of the progress monitoring strategy and determined that visibility.47 report requirements, we propose to no further modifications to the strategy Although not cited in Utah’s Progress assess progress toward the PRPs. are necessary. Report, at the time of the analysis done Utah asserts that visibility continues B. Determination of Adequacy of the by the State for the Progress Report to improve at the State’s Class I areas Existing Regional Haze Plan (March 2015), not all BART alternative from 2000 through 2013. Indeed, key The provisions under 40 CFR controls had been realized because visibility metrics described previously, 51.309(d)(10)(ii) require states to compliance dates had not yet occurred show: (1) A decrease in total SO and 2 determine the adequacy of their existing for Carbon Units 1 and 2 (Table 2). NO emissions, which are associated X implementation plan to meet existing Thus, the impacts of the emissions with anthropogenic sources; (2) reasonable progress goals and take one reductions from BART alternative improvement in visibility conditions of the following actions: controls had not been fully realized and between the baseline (2000–2004) and (1) Submit a negative declaration to are therefore not evident or accounted current (2009–2013) periods on both the the EPA that no further substantive for in the State’s Progress Report. These 20 percent worst visibility and 20 additional anthropogenic emissions percent best visibility days at all 50 PRP18b modeling results show additional reductions have further improved IMPROVE monitoring sites; (3) projected visibility improvement using all known visibility in Utah’s Class I areas. achievement of the PRP18a at all of and expected controls as of March 2009. All of The EPA proposes to find that Utah Utah’s Class I areas on both the 20 Utah’s Class I areas achieve PRP18b except for Arches National Park and Canyonlands National has adequately addressed the Park which, at 10.8 deciviews during the current 48 Utah Progress Report, pages F–59–F–63. period (2009–2013), are above the PRP18b of 10.7 47 Utah Progress Report, page F–59. 49 77 FR at 74367–68. deciviews. See supra Table 7.

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revision to the state’s existing regional IV. Proposed Action practicable and legally permissible haze implementation plan is needed at The EPA is proposing to approve methods, under Executive Order 12898 this time; Utah’s March 7, 2016, Regional Haze (59 FR 7629, February 16, 1994). (2) If the state determines that the Progress Report as meeting the In addition, the SIP is not approved implementation plan is or may be applicable regional haze requirements to apply on any Indian reservation land inadequate to ensure reasonable set forth in 40 CFR 51.309(d)(10). or in any other area where EPA or an progress due to emissions from sources Indian tribe has demonstrated that a V. Statutory and Executive Order in another state(s) which participated in tribe has jurisdiction. In those areas of Reviews a regional planning process, the state Indian country, the proposed rule does must provide notification to the EPA Under the CAA, the Administrator is not have tribal implications and will not and to the other state(s) which required to approve a SIP submission impose substantial direct costs on tribal participated in the regional planning that complies with the provisions of the governments or preempt tribal law as process with the state. The state must Act and applicable Federal regulations. specified by Executive Order 13175 (65 also collaborate with the other state(s) 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). through the regional planning process Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, for developing additional strategies to Environmental protection, Air address the plan’s deficiencies; provided that they meet the criteria of the CAA. Accordingly, this action pollution control, Carbon monoxide, (3) Where the state determines that merely proposes to approve state law as Greenhouse gases, Incorporation by the implementation plan is or may be meeting Federal requirements and does reference, Intergovernmental relations, inadequate to ensure reasonable not impose additional requirements Lead, Nitrogen dioxide, Ozone, progress due to emissions from sources beyond those imposed by state law. For Particulate matter, Reporting and in another country, the state shall that reason, this action: recordkeeping requirements, Sulfur provide notification, along with • Is not a ‘‘significant regulatory oxides, Volatile organic compounds. available information, to the action’’ subject to review by the Office Authority: 42 U.S.C. 7401 et seq. Administrator; or of Management and Budget under Dated: May 29, 2020. (4) If the state determines that the Executive Orders 12866 (58 FR 51735, Gregory Sopkin, implementation plan is or may be October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, EPA Region 8. inadequate to ensure reasonable January 21, 2011); progress due to emissions from sources • Is not an Executive Order 13771 (82 [FR Doc. 2020–12075 Filed 6–15–20; 8:45 am] within the state, then the state shall FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P revise its implementation plan to action because SIP approvals are address the plan’s deficiencies within exempted under Executive Order 12866; • ENVIRONMENTAL PROTECTION one year. Does not impose an information AGENCY According to Utah, the IMPROVE data collection burden under the provisions demonstrate that Utah is on track to of the Paperwork Reduction Act (44 40 CFR Part 300 meet the WRAP’s PRPs. Thus, Utah’s U.S.C. 3501 et seq.); • Is certified as not having a [EPA–HQ–SFUND–2012–0063; FRL–10009– Progress Report provides a negative 34–Region 4] declaration to the EPA that no further significant economic impact on a substantive revisions to the regional substantial number of small entities National Oil and Hazardous haze SIP are needed to improve under the Regulatory Flexibility Act (5 Substances Pollution Contingency U.S.C. 601 et seq.); visibility in Class I areas beyond those • Plan; National Priorities List: Deletion controls already in place and scheduled Does not contain any unfunded of the Fairfax St. Wood Treaters to be in place at the time Utah prepared mandate or significantly or uniquely Superfund Site the Progress Report.51 affect small governments, as described in the Unfunded Mandates Reform Act AGENCY: Environmental Protection The EPA proposes to conclude that of 1995 (Pub. L. 104–4); Agency (EPA). Utah has adequately addressed 40 CFR • Does not have Federalism ACTION: Proposed rule; Notice of Intent. 51.309(d)(10)(i)(G) because key visibility implications as specified in Executive metrics described previously show Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection improvement in visibility conditions 1999); Agency (EPA) Region 4 is issuing a between the baseline (2000–2004) and • Is not an economically significant Notice of Intent to Delete Fairfax St. current (2009–2013) periods on both the regulatory action based on health or Wood Treaters Superfund Site (Site) 20 percent worst visibility and 20 safety risks subject to Executive Order located in Jacksonville, Florida, from percent best visibility days at all 13045 (62 FR 19885, April 23, 1997); the National Priorities List (NPL) and IMPROVE monitoring sites and • Is not a significant regulatory action requests public comments on this consistent deciview improvement is subject to Executive Order 13211 (66 FR proposed action. The NPL, promulgated shown over the 2000–2013 time period. 28355, May 22, 2001); pursuant to section 105 of the Additionally, further visibility • Is not subject to requirements of Comprehensive Environmental improvement has likely resulted from section 12(d) of the National Response, Compensation, and Liability the 2015 shutdown of Carbon 1 and 2, Technology Transfer and Advancement Act (CERCLA) of 1980, as amended, is which was required after Utah’s Act of 1995 (15 U.S.C. 272 note) because an appendix of the National Oil and Progress Report was finalized. The EPA application of those requirements would Hazardous Substances Pollution also expects further visibility be inconsistent with the CAA; and Contingency Plan (NCP). The EPA and improvement to result from subsequent • Does not provide EPA with the the State of Florida, through the Florida regional haze actions. discretionary authority to address, as Department of Environmental Protection appropriate, disproportionate human (FDEP), have determined that all 51 Utah Progress Report, page F–65. health or environmental effects, using appropriate response actions under

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CERCLA, have been completed. epa.gov or Ron Tolliver at tolliver.ron@ The EPA continues to carefully and However, this deletion does not epa.gov. continuously monitor information from preclude future actions under Instructions: Direct your comments to the Centers for Disease Control and Superfund. Docket ID No. EPA–HQ–SFUND–2012– Prevention (CDC), local area health DATES: Comments must be received by 0063. EPA’s policy is that all comments departments, and our Federal partners July 16, 2020. received will be included in the public so that we can respond rapidly as conditions change regarding COVID. 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Do not protected through https:// submit electronically any information www.regulations.gov or email. The I. Introduction you consider to be Confidential https://www.regulations.gov website is II. NPL Deletion Criteria Business Information (CBI) or other an ‘‘anonymous access’’ system, which III. Deletion Procedures IV. Basis for Site Deletion information whose disclosure is means the EPA will not know your restricted by statute. Multimedia identity or contact information unless I. Introduction submissions (audio, video, etc.) must be you provide it in the body of your comment. 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Following Centers for Disease the subject of remedial actions financed Electronic files should avoid the use of Control and Prevention (CDC) and by the Hazardous Substance Superfund special characters, any form of Office of Policy Management (OPM) (Fund). As described in 40 CFR encryption, and be free of any defects or guidance and specific state guidelines 300.425(e)(3) of the NCP, sites deleted viruses. impacting our regional offices, EPA’s from the NPL remain eligible for Fund- workforce has been authorized to Docket: All documents in the docket financed remedial actions if future telework to help prevent transmission of are listed in the https:// conditions warrant such actions. the coronavirus [COVID–19]. As a result www.regulations.gov index. Although The EPA will accept comments on the there is a temporary shutdown of EPA’s listed in the index, some information is proposal to delete this site for thirty (30) Docket Center and EPA Regional not publicly available, e.g., CBI or other days after publication of this document Records Centers. While in this information whose disclosure is in the Federal Register. workforce telework status, there are restricted by statute. Certain other Section II of this document explains practical limitations on the ability of material, such as copyrighted material, the criteria for deleting sites from the staff to collect, and for Agency will be publicly available only in NPL. Section III of this document personnel to respond to, ‘‘hard copy’’ hardcopy. Publicly available docket discusses procedures that the EPA is mailed queries sent directly to Agency materials are available electronically in using for this action. Section IV of this office locations. Therefore, until the https://www.regulations.gov. document discusses where to access and workforce is able to return to office The EPA is temporarily suspending review the information that locations, EPA recommends that, to the its Docket Center and Regional Records demonstrates how the deletion criteria extent feasible, any correspondence Centers for public visitors to reduce the have been met at the Fairfax St. Wood mailed to the Agency should also be risk of transmitting COVID–19. In Treaters Superfund Site and sent via email. addition, many site information demonstrates how it meets the deletion • For questions on this document and repositories are closed and information criteria. submission of comments please in these repositories, including the contact—Leigh Lattimore, Remedial deletion docket, has not been updated II. NPL Deletion Criteria Project Manager, U.S. Environmental with hardcopy or electronic media. For The NCP establishes the criteria that Protection Agency, Region 4, 61 Forsyth further information and updates on EPA the EPA uses to delete sites from the Street SW—MS9T25, Atlanta, GA Docket Center services, please visit us NPL. In accordance with 40 CFR 30303, (404) 562–8768, lattimore.leigh@ online at https://www.epa.gov/dockets. 300.425(e), sites may be deleted from

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the NPL where no further response is made these items available for public that pressure-treated utility poles, appropriate. In making such a inspection and copying at the Site pilings, heavy timber items, and determination pursuant to 40 CFR information repositories identified plywood lumber products using the 300.425(e), the EPA will consider, in above. wood treating preservative chromated consultation with the State, whether any If comments are received within the copper arsenate (CCA). CCA is of the following criteria have been met: 30-day public comment period on this characterized by a bright green color i. Responsible parties or other persons document, the EPA will evaluate and and is composed of waterborne oxides, have implemented all appropriate respond appropriately to the comments or salts, of chromium, copper, and response actions required; before making a final decision to delete. arsenic. ii. All appropriate Fund-financed If necessary, the EPA will prepare a As a result of the wood treating response under CERCLA has been Responsiveness Summary to address operations and EPA’s understanding of implemented, and no further response any significant public comments the process at the facility, some of the action by responsible parties is received. After the public comment contaminated soil is contaminated with appropriate; or period, if the EPA determines it is still Resource Conservation and Recovery iii. The remedial investigation has appropriate to delete the Site, the Act (RCRA) Listed Hazardous Waste shown that the release poses no Regional Administrator will publish a (F035). Under 40 CFR 261.31, F035 significant threat to public health or the final Notice of Deletion in the Federal Listed hazardous waste is defined as environment and, therefore, the taking Register. Public notices, public ‘‘Wastewater (except those that have not of remedial measures is not appropriate. submissions and copies of the come into contact with process Pursuant to CERCLA section 121(c) Responsiveness Summary, if prepared, contaminants), process residuals, and the NCP, the EPA conducts five- will be made available to interested preservative drippage, and spent year reviews to ensure the continued parties and in the site information formulations from wood preserving protectiveness of remedial actions repositories listed above. processes generated at plants that use where hazardous substances, pollutants, Deletion of a site from the NPL does inorganic preservatives containing or contaminants remain at a site above not itself create, alter, or revoke any arsenic or chromium.’’ Under EPA’s levels that allow for unlimited use and individual’s rights or obligations. ‘‘contained-in’’ policy, contaminated unrestricted exposure. The EPA Deletion of a site from the NPL does not media (e.g., groundwater, soil, or conducts such five-year reviews even if in any way alter EPA’s right to take sediments) is considered to contain a site is deleted from the NPL. The EPA enforcement actions, as appropriate. RCRA hazardous waste: (1) When media may initiate further action to ensure The NPL is designed primarily for is contaminated with characteristic continued protectiveness at a deleted informational purposes and to assist hazardous waste and exhibits a site if new information becomes EPA management. Section 300.425(e)(3) characteristic of hazardous waste; or (2) available that indicates it is appropriate. of the NCP states that the deletion of a when the media is contaminated with Whenever there is a significant release site from the NPL does not preclude hazardous constituents from RCRA from a site deleted from the NPL, the eligibility for future response actions, Listed Hazardous Waste. (63 FR 28617, deleted site may be restored to the NPL should future conditions warrant such May 26, 1998). For F035, the RCRA without application of the hazard actions. hazardous constituents are arsenic and ranking system. IV. Basis for Site Deletion chromium. If contaminated media (e.g. III. Deletion Procedures The following information provides soil) contain Listed Hazardous Waste, The following procedures apply to EPA’s rationale for deleting the Site then once generated (i.e., excavated deletion of the Site: from the NPL: from the ground) they are with limited (1) The EPA consulted with the State exceptions, subject to all applicable Site Background and History before developing this Notice of Intent RCRA hazardous waste requirements to Delete. The Fairfax St. Wood Treaters (FSWT) until EPA (or an authorized State) (2) The EPA has provided the state 30 (CERCLIS ID: FLD000623041) determine the media no longer contains working days for review of this Superfund site encompasses 12.5 acres hazardous waste. These RCRA document prior to publication of it and is located at 2610 Fairfax Street, in requirements were identified in the today. a predominantly residential area of ROD as ‘‘applicable or relevant and (3) In accordance with the criteria Jacksonville, Duval County, Florida. appropriate requirements’’ (ARARs) discussed above, the EPA has Features of the FSWT facility included consistent with CERCLA Section determined that no further response is a burned building, parking lot, drip pad, 121(d)(2) and the National Contingency appropriate; former tank farm, and retention pond. Plan (NCP) as well as EPA guidance. In (4) The State of Florida, through the FSWT is bordered to the north by St. addition, due to the elevated Florida Department of Environmental Johns/CSX railroad tracks, to the east by concentrations of arsenic and chromium Protection, has concurred with deletion Fairfax Street and residential properties in soil and residual waste in the former of the Site from the NPL. beyond, to the south by West 14th Street process area, there is a possibility that (5) Concurrently with the publication and residential properties beyond, and this soil/waste could be determined by of this Notice of Intent to Delete in the to the west by Susie E. Tolbert and R.V. the Toxicity Characteristic Leaching Federal Register, a notice is being Daniels Elementary Schools (STES) and Procedure (TCLP) to be RCRA Toxicity published in a major local newspaper, by residential properties on Pullman characteristic waste under 40 CFR The Florida Times-Union. The Court. Moncrief Creek is located about 261.24 [D004 and D007]. Residual waste newspaper notice announces the 30-day 1,000 feet west of the FSWT property. material in pipes and drains are public comment period concerning the Overflow from the FSWT retention classified as a RCRA Listed hazardous Notice of Intent to Delete the site from pond flows into Moncrief Creek via a waste [F035]. Building and other man- the NPL. city drainage pipe, which collects made debris that is contaminated with (6) The EPA placed copies of stormwater from the general area. this Listed hazardous waste may be documents supporting the proposed From 1980 to 2010, Wood Treaters, hazardous debris under RCRA deletion in the deletion docket and LLC operated a wood treating facility regulations.

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Between 1980 and 1990, there was no activities at the FSWT property and the if a response action is warranted to stormwater management system on the adjacent STES and RVDES shared protect the environment. It was facility. The topography of the FSWT playground. determined that if a response action was property and the surrounding area is In May 2011, the EPA conducted a warranted, a focused feasibility study generally flat; therefore, stormwater was site assessment investigation at the will be completed and the additional either directed to the STES retention FSWT property. During the contaminated areas will be remediated pond or flowed overland across the investigation, soil samples were as a second operable unit under the FSWT property. Uncontrolled collected along the northern and FSWT site. stormwater contaminated with CCA western portions of the FSWT property, The Feasibility Study evaluated from the wood treating process is along the southern FSWT property excavation and off-site disposal and believed to have overflowed onto boundary, beneath the concrete that with different treatment options for soils neighboring properties during this time, covered the majority of the FSWT considered RCRA hazardous. The future resulting in CCA contaminated soil. In property, and from nearby residential anticipated land use is residential. 1990, FSWT installed a stormwater properties. Groundwater samples were Cleanup concentrations were developed collection and retention system, also collected from monitoring wells to be protective of human health and are including site grading and paving for installed by Wood Treaters, LLC based on future anticipated land use. throughout the property and around the drainage, stormwater collection swales, Selected Remedy diversion berms, and a polyethylene- STES retention pond. lined retention pond. The site was proposed to be on the EPA chose excavation and off-site After 1990, stormwater that collected National Priorities List (NPL) on March treatment and disposal as the best in the treated wood storage yard and 15, 2012 (77 FR 15344), and was option for the remedial action at the areas other than the drip pad was finalized on September 18, 2012 (77 FR site. The Record of Decision (ROD) was diverted to ditches located along the 57495). signed on August 22, 2017. The major northern, southern, and western components of the remedy included Remedial Investigation and Feasibility excavation of the 12.5 area parcel, property boundaries. These ditches Study (RI/FS) drained into the retention pond at the sediment in the on-site retention pond, northwestern corner of the property. An Between 2012 and 2013, the EPA and off-site properties. In addition to overflow pipe is located in the retention conducted a remedial investigation (RI) excavation, the remedy included pond so that water overflows into the and risk assessment to fully characterize temporary storage of generated waste, pipe and discharges into nearby site contaminants, fate and transport, off-site disposal at EPA approved Moncrief Creek, a tributary of the Trout and receptors for all exposure routes on landfills, backfilling and restoration River. and off-site. Based on the Human Health activities. The Remedial Action Wood Treaters, LLC filed for Risk Assessment (HHRA) and the Objectives were: (1) Prevent human bankruptcy in July 2010. In August Screening-Level Ecological Risk exposure (direct contact and ingestion) 2010, after Wood Treaters, LLC, Assessment (SLERA), unacceptable risks to on-site soil with concentrations of abandoned the facility, the EPA, at the were estimated for non-residential and COCs above levels protective of request of the FDEP, conducted residential exposures to arsenic, copper, residential use; (2) Prevent migration of emergency response (ER) activities at chromium, and polycyclic aromatic contaminated stormwater runoff from the facility that included pumping out hydrocarbons (PAHs) on site. For off- the FSWT site to adjacent properties the water contained in the secondary site residential soils, the EPA believed and Moncrief Creek; (3) Prevent containment area and retention pond, that soils immediately adjacent to the unacceptable risk to ecological receptors removing product in tanks, and FSWT property and nearby residential (benthic organisms and avian) from collecting soil, surface water, sediment, yards were contaminated by former contaminated sediments and surface and residual waste material samples. wood treating operations conducted at water in the on-site retention pond; (4) Upon arrival, the EPA plugged the the site. The HHRA determined that Prevent direct contact with residual overflow pipe in the on-site retention several residential yards exceed EPA’s waste material and contaminated pond to prevent contaminated water in acceptable risk range. It was determined building structures located on the site, the pond from flowing into Moncrief that the site-related contamination including the drip pad and process Creek. Once the on-site retention pond migrated due to stormwater runoff and containment areas; and (5) Prevent off- was stabilized, the plug was removed. spray from the tires of the trucks leaving site residential human exposure (direct In January 2011, the EPA conducted the site from the south, east, and west. contact and ingestion) to soil with a removal investigation at the FSWT The EPA and FDEP decided to address concentrations of arsenic above levels property. During the removal all residential parcels that were protective of residential use. investigation, soil samples were impacted by site-related contamination collected from 17 residential properties, and where arsenic concentrations are Response Actions the STES and RVDES properties, and above the background concentration of In accordance with the ROD, a pre- the FSWT property. Arsenic, chromium, 2.36 ppm. design field investigation was and copper were detected in surface and The SLERA also identified a risk for performed to fill data gaps at the school subsurface soil samples collected from an avian receptor that may use the on- property and at residential properties the FSWT property. site retention pond as a primary food east of the FSWT Site for arsenic In July 2011, the EPA conducted a source and the sediments warrant a concentrations and to provide removal confirmation and residential response action. Within Moncrief Creek, additional site-specific information sampling event at the FSWT property. the major area of sediment needed to develop the RD. Removal activities included excavation contamination is located about 1,800 Three residential properties were of gravel and soil down to 1.5 feet below feet downstream of the discharge point sampled consistent with the RI land surface (bls) along the northern, of stormwater from the FSWT site to the sampling. Two of the properties western, and southern portions of the creek. However, further investigation of exceeded the arsenic cleanup level. property. Between March and October stream sediments in Moncrief Creek STES delineation soil samples were 2011, the EPA conducted removal located off-site was needed to determine collected on March 20, 2018 and June

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12 through June 14, 2018. Arsenic deletion docket and they describe the final fact sheets and held a final concentrations exceeded the cleanup cleanup techniques, cleanup availability session to highlight the level. The EPA and FDEP recognized the concentrations for COCs, confirmation accomplishment and answer any potential concern of the parents and testing results, and QA/QC questions and concerns. community and worked together to methodologies. All EPA documents are on the site’s address the impacted soil as soon as Cleanup Levels public website. A notice is being possible. Since the EPA did not have RA funding, FDEP mobilized, removed, and Except for arsenic, the cleanup levels published in a major local newspaper, disposed of offsite the impacted soil for the on-site and off-site contaminated the Florida Times-Union and postcards during the summer break when students surface soils are based on FDEP’s SCTLs have been sent out notifying the pubic were not present. This facilitated a for direct exposure and residential use of the deletion. component of the selected remedy. (Florida Administrative Code [F.A.C.] Determination That the Site Meets the 62–777 Table II). These SCTLs are Starting on July 9, 2018, the FDEP, Criteria for Deletion in the NCP started collecting additional soil identified as chemical-specific ARARs. samples for delineation of the area Neither EPA (as a policy matter) nor The EPA has followed all procedures needing removal on the STES. Florida set cleanup levels for an required by 40 CFR 300.425(e), Deletion Excavation activities occurred from July individual contaminant that is more from the NPL. The EPA consulted with 16, 2018 through August 12, 2018, and stringent than the site-specific the State of Florida prior to developing were completed in 25 days. background concentration for that this document. The EPA determined Approximately 3,360 tons of soil was contaminant, provided that the that both the EPA and FDEP have removed from the school property background level is protective of human conducted all appropriate response during the excavation activities. The health and the environment. Therefore, actions required and that no further excavated area was backfilled and the EPA used the site-specific response action for this portion of the restored. background level of 2.36 ppm for Site is appropriate. The EPA is The Remedial Action began in arsenic instead of the FDEP SCTL. The February 2019 and construction cleanup levels for sediments are based publishing a notice in a major local activities were completed in October on Florida’s sediment quality newspaper, The Florida Times-Union, 2019. The 51 residential properties, the assessment guidelines for the protection of its intent to partially delete the Site 12.5-acre property, and the on-site of sediment-dwelling organisms. The and how to submit comments. The EPA retention pond were remediated and cleanup levels can be found in the placed copies of documents supporting restored. The EPA contractor excavated, Record of Decision (SEMS 11054367) the proposed partial deletion in the Site stockpiled, and disposed of roughly information repository; these documents 67,000 tons of excavated soils and Operation and Maintenance are available for public inspection and sediments at EPA approved RCRA Since the RA cleanup levels achieved copying. facilities. The EPA also collected unlimited use and unrestricted exposure The implemented remedy achieved confirmation samples from the floors (UU/UE), there is no need for Operation the degree of cleanup and protection and sidewalls of excavation areas and and Maintenance (O&M). However, the specified in the ROD. The selected continued excavating soil if owner of the property should employ remedial action objectives and confirmation samples exceeded cleanup good housing keeping practices to levels. ensure proper drainage of stormwater associated cleanup levels for the surface In July 2019, the EPA collected from the site and should include routine soil are consistent with agency policy sediment samples, fish, insects, and inspection of all site areas for evidence and guidance. Based on information crayfish along Moncrief Creek to of positive drainage towards the site currently available to the EPA, no address uncertainties raised in the ditches and retention pond, routine further Superfund response in the area SERLA. The analyses of the data mowing of site grass, routine removal of proposed for deletion is needed to concluded that site-related debris and vegetation other than grass protect human health and the contaminants (arsenic, copper, from the ditches and retention pond, environment. chromium) are not likely to be and routine inspection and removal of List of Subjects in 40 CFR Part 300 appreciable contributors to the toxicity any debris, vegetation or other levels observed in the sediment toxicity obstruction from the pond inlet Environmental protection, Air tests from sediment samples from the structures and pipes. pollution control, Chemicals, Hazardous retention basin and that site-related waste, Hazardous substances, metals contamination in the Moncrief Five-Year Review Intergovernmental relations, Penalties, Creek retention basin is not likely to Hazardous substances, pollutants, or Reporting and recordkeeping cause appreciable or unacceptable risks contaminants will not remain at the Site to ecological receptors that may feed at above levels that allow for UU/UE after requirements, Superfund, Water the Moncrief Creek retention basin. completion of all remedial action pollution control, Water supply. Therefore, it was determined the EPA construction. Therefore, a statutory five- Authority: 33 U.S.C. 1321(d); 42 U.S.C. would not take a response action on year review under CERCLA Section 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Moncrief Creek. 121(c) will not be required for this 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, The completion of Remedial Action remedial action. 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 was documented in the Final Remedial FR 2923, 3 CFR, 1987 Comp., p. 193. Action Report and documented in a Community Involvement Dated: June 4, 2020. Superfund Remedial Action Completion The EPA held numerous community memorandum signed on March 11, 2020 meetings before and during the Mary S. Walker, (Superfund Enterprise Management residential cleanup. The EPA issued fact Regional Administrator, Region 4. System (SEMS) document identification sheets and maintained a public website [FR Doc. 2020–12692 Filed 6–15–20; 8:45 am] number 11143607). The reports and the during remedial construction. After the BILLING CODE 6560–50–P memorandum are available in the cleanup was complete, the EPA released

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Notices Federal Register Vol. 85, No. 116

Tuesday, June 16, 2020

This section of the FEDERAL REGISTER which is significantly less than offerors Act of 2018, the United States contains documents other than rules or would be expected to spend on a Department of Agriculture (USDA) proposed rules that are applicable to the traditional proposal. Some 100 announces a meeting of the National public. Notices of hearings and investigations, participants may require as much as 2 Agricultural Research, Extension, committee meetings, agency decisions and additional hours each to provide Education, and Economics Advisory rulings, delegations of authority, filing of petitions and applications and agency additional information upon selection. Board. Total Estimated Annual Burden: statements of organization and functions are DATES: The National Agricultural 8,200 hours (800 participants × 10 examples of documents appearing in this Research Extension, Education, and hours/participant) + (100 participants × section. Economics Advisory Board will meet 2 hours/participant). virtually by telephone conference on General Description of Collection: July 7–9, 2020, from 11:00 a.m.–3:00 USAID/CDI establishes open innovation AGENCY FOR INTERNATIONAL p.m. Eastern Daylight Time (EDT). The competitions—prizes, challenges and DEVELOPMENT public may file written comments before hackathons to source breakthrough or up to July 23, 2020. Agency Information Collection innovations from innovators around the Activities; Proposed Collection; world to further USAID’s ability to ADDRESSES: The meeting will take place Response to Comments; Open address its development and virtually via Zoom. Dial-in options will Innovation Competitions—Prizes, humanitarian response priorities. be available. Challenges, Hackathons USAID/CDI solicited written Web Preregistration: Participants comments from all interested persons wishing to participate may preregister AGENCY: Center for Development about the proposed collection of by emailing the NAREEE Advisory Innovation (CDI), U.S. Agency for information. USAID/CDI specifically Board at [email protected]. Upon International Development (USAID). sought information relevant to the registration you will receive a unique ACTION: Notice of response to following topics: link, call-in number, and access code. information collection. • The necessity of the collection of Written comments may be sent to The information described for the proper National Agricultural Research, SUMMARY: The United States Agency for performance of USAID/CDI’s functions, Extension, Education, and Economics International Development sought including its practical utility; Advisory Board Office, Room 332A, comment on information contained in • The accuracy of the estimation of Whitten Building, United States Federal Register Notice (Document the burden of the proposed collection; Department of Agriculture, STOP 0321, Number: 2020–01961) and published • Enhancing the quality, utility, and 1400 Independence Avenue SW, Monday, February 3, 2020. One clarity of the information to be Washington, DC 20250–0321. Due to comment was received. The content of collected; and COVID–19, we recommend you email that comment was not germane to the • Using automation and forms of comments to [email protected]. subject of the information collection information technology to minimize the FOR FURTHER INFORMATION CONTACT: exercise. USAID/CDI will now request burden imposed by the collection of Michele Esch, Executive Director/ approval of this generic collection of information. Designated Federal Official, or Shirley information from the Office of Morgan-Jordan, Program Support Management and Budget (OMB). William Day, Coordinator, National Agricultural FOR FURTHER INFORMATION CONTACT: Grants Management Specialist, Center for Development Innovation, U.S. Agency for Research, Extension, Education, and Michael Jackson, USAID, Center for Economics Advisory Board; telephone: Development Innovations 202–216– International Development. [FR Doc. 2020–12943 Filed 6–15–20; 8:45 am] (202) 720–3684 or email: nareee@ 3467 or [email protected]. ars.usda.gov. SUPPLEMENTARY INFORMATION: BILLING CODE P Title: Open innovation SUPPLEMENTARY INFORMATION: competitions—Prizes, Challenges and Purpose of the meeting: To provide hackathons. DEPARTMENT OF AGRICULTURE advice and recommendations on the top OMB Number: 2020–01961. priorities and policies for food and Type of Review: Renewal of generic Office of the Secretary agricultural research, education, extension, and economics. The focus of collection. Meeting Notice of the National Method of Collection: Electronic. this meeting will be on the deliberation Agricultural Research, Extension, Frequency of Response: Periodically. of the report and recommendations of Affected Public: Open Innovation Education, and Economics Advisory the relevance and adequacy review of Competition contestants. Board the climate and energy needs programs Estimated Number of Respondents: AGENCY: Research, Education, and of the USDA Research, Education, and Approximately 800 participants Economics, USDA. Extension mission area and the annually based on current year ACTION: Notice of public meeting. Cooperative Extension activities of the estimates. land-grant university system. The Board Estimated Time per Response: SUMMARY: In accordance with the will also hear from REE leadership and Response time varies depending on the Federal Advisory Committee Act, the receive updates from the subcommittees nature of the open innovation National Agricultural Research, of the Board. A detailed agenda may be competition from an average estimated Extension, and Teaching Policy Act of received from the contact person response time of 10 hours/participant 1977, and the Agriculture Improvement identified in this notice or at https://

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nareeeab.ree.usda.gov/meetings/ operates in compliance with the Federal comments and requests for time to make general-meetings. Advisory Committee Act. The purpose oral comments must be sent to Mark Tentative Agenda: On Tuesday, July of the committee is to improve Gaston, RAC Coordinator, Lassen 7, 2020 through Thursday, July 9, 2020, collaborative relationships and to National Forest Supervisor’s Office, the meeting will be held from 11:00 a.m. provide advice and recommendations to 2550 Riverside Drive, Susanville, EDT until 3:00 p.m. EDT. the Forest Service concerning projects California 96130; by email to Public Participation: This meeting is and funding consistent with the Act. [email protected], or via facsimile open to the public via internet and RAC information can be found at the to 530–252–6428. telephone and any interested following website: https:// Meeting Accommodations: If you are individuals wishing to attend. www.fs.usda.gov/main/lassen/ a person requiring reasonable Opportunity for public comment will be workingtogether/advisorycommittees. accommodation, please make requests offered. To attend the meeting via DATES: The meeting will be held on July in advance for sign language telephone and/or make oral statements 23, 2020, starting at 10:00 a.m. interpreting, assistive listening devices, regarding any items on the agenda, you All RAC meetings are subject to or other reasonable accommodation. For must contact Michele Esch or Shirley cancellation. For status of meeting prior access to the facility or proceedings, Morgan-Jordan at email: nareee@ to attendance, please contact the person please contact the person listed in the ars.usda.gov at least 5 business days listed under FOR FURTHER INFORMATION section titled FOR FURTHER INFORMATION prior to the meeting. Members of the CONTACT. CONTACT. All reasonable public will be heard in the order in accommodation requests are managed which they sign up at the beginning of ADDRESSES: The meeting will be held on a case-by-case basis. the meeting. The Chair will conduct the with virtual attendance only. For virtual meeting to facilitate the orderly conduct meeting information, please contact the Cikena Reid, of business. Written comments by person listed under FOR FURTHER USDA Committee Management Officer. attendees or other interested INFORMATION CONTACT. [FR Doc. 2020–12967 Filed 6–15–20; 8:45 am] stakeholders will be welcomed for the Written comments may be submitted BILLING CODE 3411–15–P public record before and up to two as described under SUPPLEMENTARY weeks following the Board meeting (or INFORMATION. All comments, including by close of business Thursday, July 23, names and addresses when provided, COMMISSION ON CIVIL RIGHTS 2020). All written statements must be are placed in the record and are sent to Michele Esch, Designated available for public inspection and Notice of Public Meeting of the Alaska Federal Officer and Executive Director, copying. The public may inspect Advisory Committee comments received at Lassen National National Agricultural Research, AGENCY: Forest Superivsor’s Office. Please call U.S. Commission on Civil Extension, Education, and Economics Rights. Advisory Board, U.S. Department of ahead to facilitate entry into the ACTION: Announcement of meeting. Agriculture, Room 332A, Jamie L. building. Whitten Building, Mail Stop 0321, 1400 FOR FURTHER INFORMATION CONTACT: SUMMARY: Notice is hereby given, Independence Avenue SW, Washington, Mark Gaston, RAC Coordinator, by pursuant to the provisions of the rules DC 20250–0321; or email: nareee@ phone at 505–252–6604 or via email at and regulations of the U.S. Commission ars.usda.gov. All statements will [email protected]. on Civil Rights (Commission) and the become a part of the official record of Individuals who use Federal Advisory Committee Act the National Agricultural Research, telecommunication devices for the deaf (FACA) that a meeting of the Alaska Extension, Education, and Economics (TDD) may call the Federal Information Advisory Committee (Committee) to the Advisory Board and will be kept on file Relay Service (FIRS) at 1–800–877–8339 Commission will be held at 12:00 p.m. for public review in the Research, between 8:00 a.m. and 8:00 p.m., Alaska Time (AKT) on Wednesday, July Education, and Economics Advisory Eastern Standard Time, Monday 1, 2020. The purpose of the meeting will Board Office. through Friday. be to discuss which civil rights topic to Cikena Reid, SUPPLEMENTARY INFORMATION: The examine; and to nominate and elect vice chair. Committee Management Officer, U.S. purpose of the meeting is to: Department of Agriculture. 1. Approve minutes of last meeting, DATES: The meeting will be held on [FR Doc. 2020–12966 Filed 6–15–20; 8:45 am] 2. Old Business; Wednesday, July 1, 2020 at 12:00 p.m. AKT. BILLING CODE 3410–03–P 3. Discuss membership outreach; 4. Call for project proposals; Public Call Information: 5. Disuss Title II Funding for 2017, Dial: 888–394–8218. DEPARTMENT OF AGRICULTURE 2018, and 2019; Conference ID: 8203613. 6. Committee Assignments; FOR FURTHER INFORMATION CONTACT: Ana Forest Service 7. Set next meeting dates; and Victoria Fortes (DFO) at afortes@ 8. Time for public comments. usccr.gov or (202) 681–0857. Lassen County Resource Advisory The meeting is open to the public. SUPPLEMENTARY INFORMATION: This Committee The agenda will include time for people meeting is available to the public AGENCY: Forest Service, USDA. to make oral statements of three minutes through the following toll-free call-in ACTION: Notice of meeting. or less. Individuals wishing to make an number: 888–394–8218, conference ID oral statement should request in writing number: 8203613. Any interested SUMMARY: The Lassen County Resource by July 16, 2020 to be scheduled on the member of the public may call this Advisory Committee (RAC) will hold a agenda. Anyone who would like to number and listen to the meeting. virtual meeting. The committee is bring related matters to the attention of Callers can expect to incur charges for authorized under the Secure Rural the committee may file written calls they initiate over wireless lines, Schools and Community Self- statements with the committee staff and the Commission will not refund any Determination Act (the Act) and before or after the meeting. Written incurred charges. Callers will incur no

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charge for calls they initiate over land- DEPARTMENT OF COMMERCE (polyethylene; polypropylene; air line connections to the toll-free particle); butadiene-styrene-alkyl- telephone number. Persons with hearing Foreign-Trade Zones Board methacrylate copolymer; styrene- impairments may also follow the [B–37–2020] butadiene rubber; rubber hoses (not proceedings by first calling the Federal reinforced, with or without fittings; Relay Service at 1–800–877–8339 and Foreign-Trade Zone (FTZ) 75— reinforced, with or without fittings); providing the Service with the Phoenix, Arizona; Notification of radial tires; rubber components (O-rings; conference call number and conference Proposed Production Activity; Lucid rings; seals; gaskets; washers; bumpers; ID number. Motors USA, Inc;. (Electric grommets; bushings); natural rubber Automobiles and Subassemblies); spring isolators; paper labels; carpet; Members of the public are entitled to Casa Grande and Tempe, Arizona passenger window tempered safety make comments during the open period glass; windshields of laminated safety at the end of the meeting. Members of Lucid Motors USA, Inc. (Lucid Motors) submitted a notification of glass (not framed and not fitted; cut-to- the public may also submit written size, framed to fit, framed with ceramic comments; the comments must be proposed production activity to the FTZ Board for its facilities in Casa Grande frit coating); nickel plated steel sheet; received in the Regional Programs Unit steel components (pipes for rotors; pipe within 30 days following the meeting. and Tempe, Arizona. The notification conforming to the requirements of the bends and elbow fittings; tube fittings; Written comments may be mailed to the mesh; bolts; screws; locknuts; nuts; Western Regional Office, U.S. regulations of the FTZ Board (15 CFR 400.22) was received on June 2, 2020. plugs; studs; washers; dowel pins; leaf Commission on Civil Rights, 300 North The Lucid Motors facilities are springs; springs; caps; clamps; clips; Los Angeles Street, Suite 2010, Los located within Subzone 75N. The retainer plates; rings; hinges; brackets; Angeles, CA 90012. They may also be facilities will be used for the production mountings; fittings for motor vehicles); emailed to Ana Victoria Fortes at of electric passenger automobiles and iron leaf springs; copper components [email protected]. subassemblies. Pursuant to 15 CFR (solid bars for rotors; profiles for rotors; Records and documents discussed 400.14(b), FTZ activity would be limited shield plates; foil; ferrules); brass during the meeting will be available for to the specific foreign-status materials standoffs; nickel alloy plates; aluminum public viewing prior to and after the and components and specific finished bonding wire (not alloy); aluminum meeting at https:// products described in the submitted alloy bonding wire; aluminum alloy www.facadatabase.gov/FACA/ notification (as described below) and sheets; aluminum components (foil; tube fittings; spacers; clamps; castings; FACAPublicViewCommitteeDetails?id= subsequently authorized by the FTZ forgings; plugs; hinges; brackets, a10t0000001gzljAAA. Board. Production under FTZ procedures mountings, fittings, bushings for motor Please click on the ‘‘Meeting Details’’ could exempt Lucid Motors from vehicles; cooling tubes; wheels); and ‘‘Documents’’ links. Records customs duty payments on the foreign- assemblies operated by a key or radio generated from this meeting may also be status components used in export wave signal (deck lid/trunk latch; side inspected and reproduced at the production. On its domestic sales, for door latch); tubular keys; hood latches Regional Programs Unit, as they become the foreign-status materials/components not containing any locking mechanism; available, both before and after the noted below, Lucid Motors would be metal door handles not containing lock meeting. Persons interested in the work able to choose the duty rates during or latch assemblies; brazing rings; of this Committee are directed to the customs entry procedures that apply to electromechanical brake boosters; Commission’s website, https:// electric passenger vehicles (for nine or pumps (displacement; electric oil; www.usccr.gov, or may contact the less people), lithium-ion battery packs centrifugal); reservoirs (brake fluid; Regional Programs Unit at the above for electric vehicles, drive inverters, AC coolant); compressors; vent fans for email or street address. motors, DC/DC converters, and cooling systems; fans for center console differentials (duty rate ranges from duty- controllers; compressor tubes; Agenda free to 3.4%). Lucid Motors would be compressor discharge fittings; hose able to avoid duty on foreign-status assemblies for air conditioner systems; I. Welcome components which become scrap/waste. battery chillers; heat exchangers; II. Nominate Vice Chair Customs duties also could possibly be coolant heaters; assemblies (radiator/ III. Concept Stage Presentation deferred or reduced on foreign-status condenser; drive unit; printed circuit production equipment. board (for: Converters; inverters; power IV. Review Civil Rights Topics The components and materials supplies; controllers; distribution); V. Public Comment sourced from abroad include: Rigid occupant detection sensor; seatbelt VI. Discuss Next Steps plastic tubing (ethylene; propylene; adjuster; cross member; door switch vinyl chloride); plastic tubes (having a plate; suspension; axle); heat exchanger VII. Good of the Order minimum burst pressure of 27.6 MPa; coil springs; oil filters; housings (for: Air VIII. Adjournment not reinforced, without fittings; not filters; flange bearings; motors; drive David Mussatt, reinforced, with fittings; reinforced); inverters; visual signaling equipment; plastic components (fittings for hoses; lighting equipment; controllers; junction Supervisory Chief, Regional Programs Unit. gap pads; caps and closures; plugs; door boxes; plastic connectors; gear boxes); [FR Doc. 2020–12907 Filed 6–15–20; 8:45 am] handles; trays; baffle inserts; brackets; windshield washer reservoir assemblies BILLING CODE P cable supports; cable ties; clips; with motor; windshield washer nozzles; fasteners; gaskets; mounts and fittings; pressure relief valves; check valves; O-rings; seals; washers; converter coolant manifolds; valve bodies; covers; vents; brake hoses; seat bearings (ball; wheel; tapered roller); organizers); electrical tape; self-adhesive door components (actuators; rocker plastic components (sheet in rolls; tape; panels; dampeners; strikers; pockets); film; labels; strips); separators AC electric motors exceeding 150kW;

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electric vehicle motors/drive units; reinforcement beam); seat belts; seat belt For further information, contact bearing end bells; heat sinks for drive webbing; cross members; fenders; Juanita Chen at [email protected] units; stators and components hoods; body stamped components (door or 202–482–1378. (laminations; plastic pipes; stacks); panel; floor panel; electric charger port Dated: June 10, 2020. motor gear cases; rotors and components door; hinge door; door skin; windshield Andrew McGilvray, molding); visors; torque boxes; cables (endcaps; shafts; stacks; aluminum Executive Secretary. spacers); electrical transformers; DC/DC (hood; decklid; door); trunk liners; cargo [FR Doc. 2020–12951 Filed 6–15–20; 8:45 am] converters; driver inverters; controllers restraint nets; stoppers (brake pedal; for electric motors (direction; speed accelerator pedal arm); interior door BILLING CODE 3510–DS–P drive); wireless Qi charging modules; trim/molding; dashboard panels; air ducts; glove compartment doors; pillars; ferrite beads; power inductors; inverter DEPARTMENT OF COMMERCE heat sinks; metal magnets; 12V batteries; trunk lids; window lift mechanisms; finished lithium-ion batteries; finished brake components (brake discs/rotors; International Trade Administration lithium-ion battery packs for electrically plates (metal backing; anchor); brake [A–570–122] powered vehicles; lithium-ion battery line brackets; shoes; drums; hubs; rotors; rotor shields; spindles; brake cells; battery exhaust ducts; connectors Certain Corrosion Inhibitors From the (battery; printed circuit board assembly; pads; shims; pistons; piston boots; boot rings; calipers); gears and components People’s Republic of China: wire harness; lug); finished battery pack Postponement of Preliminary enclosures; lithium-ion battery module (boxes; carriers; shims); suspension systems and components (coil springs; Determination in the Less-Than-Fair- insulators; lithium-ion battery modules; Value Investigation lithium-battery enclosure side rails; assemblies (link; control arm); camber terminal plates; lithium-ion battery cell link bushings; shocks; struts; axle AGENCY: Enforcement and Compliance, top plates; silicon rubber vents; lights damper forks; dampers; damper dust International Trade Administration, (back panel; interior; dashboard; side boots; damper spring modules; Department of Commerce. exterior nose; license plate); lamps knuckles; ride height sensor drop links); DATES: Applicable June 16, 2020. radiator shrouds; radiators; steering (taillight; trunk and/or luggage FOR FURTHER INFORMATION CONTACT: columns and components (power compartment; position; headlight; fog Lochard Philozin, AD/CVD Operations, steering assemblies; intermediate shafts; light; glove compartment; map; ashtray; Office I, Enforcement and Compliance, intermediate shaft assemblies); steering dome light; sealed beam; tungsten International Trade Administration, wheels; steering boxes; safety airbags; halogen); light bars; interior roof U.S. Department of Commerce, 1401 accelerator pedals; sound absorbing lighting modules; visual signaling Constitution Avenue NW, Washington, insulation; lenses for automotive equipment (lamps (turn signal; brake; DC 20230; telephone: (202) 482–4260. headlight lamps, parking lamps, and stop; parking; running; reverse/back up); signal lamps; automotive navigation SUPPLEMENTARY INFORMATION: reflectors/markers; horns); windshield apparatus (electronic control units); tire Background wipers; defrosters; demisters; pressure management systems; motor On February 25, 2020, the Department microphones for hands-free use of vehicle seats; lumbar seat bolsters; and, of Commerce (Commerce) initiated a phone input to vehicle sound system; motor vehicle seat upholstery (duty rate less-than-fair-value (LTFV) investigation loudspeakers (single; multiple); ranges from duty free to 9.0%). The of imports of certain corrosion microphone and loudspeaker sets; audio request indicates that finished lithium- amplifiers; speaker grills; cameras (with inhibitors (corrosion inhibitors) from ion batteries, finished lithium-ion 1 or without monitors); blind spot battery packs for electrically powered the People’s Republic of China. detection radars; vehicle GPS tracking vehicles, lithium-ion battery cells, Currently, the preliminary devices; radio receivers (AM/FM; lumbar seat bolsters, and motor vehicle determination is due no later than July satellite); antennas; capacitors (fixed; seat upholstery will be admitted to the 14, 2020. aluminum; ceramic dielectric (single zone in privileged foreign (PF) status (19 Postponement of Preliminary layer; multilayer); plastic); fixed CFR 146.41), thereby precluding Determination resistors (composition; film); inverted tariff benefits on such items. Section 733(b)(1)(A) of the Tariff Act thermistors; printed circuits; busbars; The request also indicates that certain fuses; automotive signaling flashers; of 1930, as amended (the Act), requires materials/components are subject to Commerce to issue the preliminary electrical relays; electrical switches; pin duties under Section 232 of the Trade determination in an LTFV investigation receptacles; junction boxes; lug Expansion Act of 1962 (Section 232) or within 140 days after the date on which connectors; terminal lugs; terminals; Section 301 of the Trade Act of 1974 Commerce initiated the investigation. controller boards; switchboards; (Section 301), depending on the country However, section 733(c)(1)(A)(b)(1) of contactors; junction box plates; sensors of origin. The applicable Section 232 the Act permits Commerce to postpone (wheel speed; battery); electronic and Section 301 decisions require the preliminary determination until no control units; magnet wires (aka subject merchandise to be admitted to later than 190 days after the date on winding wire); wire harnesses; cables FTZs in PF status. for voltage not exceeding 1,000V (alone Public comment is invited from which Commerce initiated the 2 or fitted with connectors); insulated interested parties. Submissions shall be investigation if: (A) The petitioner busbars (for: A voltage not exceeding addressed to the Board’s Executive makes a timely request for a 1,000V and fitted with connectors; a Secretary and sent to: [email protected]. The postponement; or (B) Commerce voltage exceeding 1,000V); insulated closing period for their receipt is July concludes that the parties concerned are grounding wire for a voltage not 27, 2020. cooperating, that the investigation is exceeding 1,000V (fitted or not fitted A copy of the notification will be with connectors); cable for a voltage available for public inspection in the 1 See Certain Corrosion Inhibitors from the People’s Republic of China: Initiation of Less-Than- exceeding 1,000V (alone or fitted with ‘‘Reading Room’’ section of the Board’s Fair-Value Investigation, 85 FR 12506 (March 3, connectors); subframes; body panels; website, which is accessible via 2020). bumper components (fascia; air inlet; www.trade.gov/ftz. 2 The petitioner is Wincom Incorporated.

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extraordinarily complicated, and that Atmospheric Administration (NOAA), excluded from the requirement to additional time is necessary to make a Commerce. prepare an environmental assessment or preliminary determination. Under 19 ACTION: Notice; receipt of application. environmental impact statement. CFR 351.205(e), the petitioner must Concurrent with the publication of submit a request for postponement 25 SUMMARY: Notice is hereby given that this notice in the Federal Register, days or more before the scheduled date Wildstar Films, Ltd., Embassy House, NMFS is forwarding copies of the of the preliminary determination and Queens Avenue, Bristol, United application to the Marine Mammal must state the reasons for the request. Kingdom, BS8 1SB (Responsible Party: Commission and its Committee of Commerce will grant the request unless Jo Harvey), has applied in due form for Scientific Advisors. a permit to conduct commercial or it finds compelling reasons to deny the Dated: June 11, 2020. educational photography on bottlenose request. Julia Marie Harrison, On June 3, 2020, the petitioner dolphins (Tursiops truncatus). Chief, Permits and Conservation Division, DATES: Written, telefaxed, or email submitted a timely request that Office of Protected Resources, National Commerce postpone the preliminary comments must be received on or before Marine Fisheries Service. July 16, 2020. determination in the LTFV [FR Doc. 2020–12950 Filed 6–15–20; 8:45 am] investigation.3 The petitioner stated that ADDRESSES: These documents are BILLING CODE 3510–22–P it requests postponement of the available upon written request or by preliminary determination because appointment in the Permits and { } ‘‘ a dditional time will be necessary to Conservation Division, Office of DEPARTMENT OF COMMERCE ensure that Commerce is able to Protected Resources, NMFS, 1315 East- sufficiently review all questionnaire West Highway, Room 13705, Silver National Oceanic and Atmospheric responses and request clarification and Spring, MD 20910; phone (301) 427– Administration additional information as necessary.’’ 4 8401; fax (301) 713–0376. For the reason stated above and Written comments on this application [RTID 0648–XS032] because there are no compelling reasons should be submitted to the Chief, Fisheries of the Caribbean, Gulf of to deny the request, Commerce, in Permits and Conservation Division, at Mexico, and South Atlantic; Reef Fish accordance with section 733(c)(1)(A) of the address listed above. Comments may Fishery of Puerto Rico and the U.S. the Act, is postponing the deadline for also be submitted by facsimile to (301) Virgin Islands; Exempted Fishing the preliminary determination by 50 713–0376, or by email to Permit days (i.e., to 190 days after the date on [email protected]. Please which this investigation was initiated). include the File No. in the subject line AGENCY: National Marine Fisheries As a result, Commerce will issue its of the email comment. Service (NMFS), National Oceanic and preliminary determination no later than Those individuals requesting a public Atmospheric Administration (NOAA), September 2, 2020. In accordance with hearing should submit a written request Commerce. section 735(a)(1) of the Act and 19 CFR to the Chief, Permits and Conservation ACTION: Notice of receipt of an 351.210(b)(1), the deadline for the final Division at the address listed above. The application for an exempted fishing determination of this investigation will request should set forth the specific permit; request for comments. continue to be 75 days after the date of reasons why a hearing on this the preliminary determination, unless application would be appropriate. SUMMARY: NMFS announces the receipt postponed at a later date. FOR FURTHER INFORMATION CONTACT: Erin of an application for an exempted Markin or Carrie Hubard, (301) 427– fishing permit (EFP) from the NMFS Notification to Interested Parties 8401. Panama City, FL laboratory. If granted, This notice is issued and published the EFP would authorize NMFS or SUPPLEMENTARY INFORMATION: The pursuant to section 733(c)(2) of the Act NMFS contracted commercial fishers subject permit is requested under the and 19 CFR 351.205(f)(1). aboard a commercial fishing vessel to authority of the Marine Mammal collect certain deep-water snapper Dated: June 10, 2020. Protection Act of 1972, as amended species in waters of the U.S. exclusive Jeffrey I. Kessler, (MMPA; 16 U.S.C. 1361 et seq.) and the economic zone (EEZ) off Puerto Rico. regulations governing the taking and Assistant Secretary for Enforcement and The EFP would exempt this activity Compliance. importing of marine mammals (50 CFR from complying with certain seasonal [FR Doc. 2020–12948 Filed 6–15–20; 8:45 am] part 216). and area closures and from certain bag BILLING CODE 3510–DS–P The applicant proposes to obtain footage of bottlenose dolphins limits in the U.S. Caribbean EEZ. The (Charleston Estuarine System Stock) in purpose of the EFP is to gather DEPARTMENT OF COMMERCE waters around Charleston County, South information that could be used to define Carolina, including Kiawah Island, Bull essential fish habitat (EFH) of deep- National Oceanic and Atmospheric Creek, and Hilton Head, for a water snappers off the coast of Puerto Administration documentary series celebrating the Rico and to determine life history information for queen, silk, black, and [RTID 0648–XA232] wildlife of America for the National Geographic Channel. Up to 980 blackfin snappers. Marine Mammals; File No. 23836 bottlenose dolphins may be filmed from DATES: Comments must be received no land, vessel, or unmanned aircraft later than July 16, 2020. AGENCY: National Marine Fisheries systems, annually. The permit would ADDRESSES: You may submit comments Service (NMFS), National Oceanic and expire on December 31, 2021. on the application, identified by In compliance with the National ‘‘NOAA–NMFS–2020–0071’’, by any of 3 See Petitioner’s Letter, ‘‘Certain Corrosion Environmental Policy Act of 1969 (42 the following methods: Inhibitors from the People’s Republic of China: • Petitioner’s Request for Postponement of the U.S.C. 4321 et seq.), an initial Electronic Submission: Submit all Preliminary Determination,’’ dated June 3, 2020. determination has been made that the electronic public comments via the 4 Id. activity proposed is categorically Federal e-Rulemaking Portal. Go to

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https://www.regulations.gov/ contracted vessel. This permit would 100 red hind; up to 100 yellowfin, red, docket?D=NOAA-NMFS-2020-0071, exempt project participants from certain tiger, and black grouper combined; and click the ‘‘Comment Now!’’ icon, seasonal and area closure regulations at up to 100 yellowedge grouper) would be complete the required fields, and enter 50 CFR 622.435 and from certain reef either be possessed onboard the vessel or attach your comments. fish bag limit regulations at 50 CFR only for the purpose of taking length • Mail: Sarah Stephenson, Southeast 622.437, as identified and described measurements prior to being returned to Regional Office, NMFS, 263 13th below. Pending issuance, the EFP would the water if caught during seasonal and Avenue South, St. Petersburg, FL 33701. be expected to be effective from August area closures, or would be retained if The EFP application and related 1, 2020, through August 1, 2021. caught during other times. documents are available for review Activities under the EFP would Length measurements would be upon written request to any of the above consist of harvesting reef fish during a recorded for all targeted and incidental addresses. total of 39 fishing trips in the 1-year species except for species for which Instructions: Comments sent by any project period, of which 15 trips would harvest is prohibited under Federal law other method, to any other address or be within the U.S. EEZ off Puerto Rico. (i.e., goliath and Nassau groupers, and individual, or received after the end of The remaining trips would be midnight, rainbow, and blue the comment period, may not be conducted in Puerto Rico territorial parrotfishes). These prohibited species considered by NMFS. All comments waters. Sampling sites would be would be returned immediately to the received are a part of the public record randomly selected from locations with a water with a minimum of harm. The and will generally be posted for public high probability of containing habitat gonads, eyes, and otoliths of the targeted viewing on www.regulations.gov that could be considered essential for species would be removed for without change. All personal identifying deep-water snappers as determined by histological and ageing analyses information (e.g., name, address, etc.), bathymetric maps produced by NOAA’s conducted by NMFS, contracted confidential business information, or Marine Spatial Ecology Division observers, Puerto Rico’s Department of otherwise sensitive information (https://maps.ngdc.noaa.gov/viewers/ Natural and Environmental Resources, submitted voluntarily by the sender will bathymetry/). The target depth range for and the University of South Carolina. be publicly accessible. NMFS will this project is 100 to 650 m, with In order to minimize the negative accept anonymous comments (enter N/ sampling sites selected in each 50 m biological effects of bringing these deep- A in the required fields if you wish to depth range throughout the overall water species to the surface, the remain anonymous). depth range. commercial fishing vessel would have Project activities would be conducted venting tools onboard to properly vent FOR FURTHER INFORMATION CONTACT: from August 1, 2020, through August 1, fish being released to facilitate their Sarah Stephenson, 727–824–5305; 2021. The majority of sampling would return to depth. email: [email protected]. occur in September and October of Under the EFP, the applicant would SUPPLEMENTARY INFORMATION: The EFP is 2020. Sampling would occur along the be allowed to fish for and possess the requested under the authority of the western coast of Puerto Rico from targeted and incidental deep-water Magnuson-Stevens Fishery Isabela to Puerto Real, including the Isla species in or from the Bajo de Sico Conservation and Management Act (16 de Desecheo Marine Reserve. closed area during the October 1 U.S.C. 1801 et seq.), and regulations at Sampling would be conducted by through March 31 closure period (50 50 CFR 600.745(b) concerning exempted hook-and-line drift fishing in deep- CFR 622.435(a)(2)(iv)). A maximum of fishing. water habitats, with an underwater 25 fishing trips would occur in the Bajo The applicant is currently conducting camera attached to a second fishing line. de Sico area during the project. In exempted fishing activities under an On each fishing trip, 4 to 10 sites would addition, the applicant would be EFP for a similar deep-water snapper be fished per day based on distance allowed to fish for or possess the research project off Puerto Rico that was between the sampling sites and weather. targeted and incidental deep-water issued on November 16, 2018, and is At each site, one vertical fishing line species during species-specific seasonal valid through August 1, 2020. Notice of would be deployed from the commercial closures: Yellowfin, red, tiger, black, receipt of the application for the current fishing vessel with a surface float and and yellowedge grouper during the EFP, with an opportunity to comment, bottom weight for a 20-minute soak February 1 through April 30 seasonal published in the Federal Register on time. Twelve #9 hooks would be closure (50 CFR 622.435(a)(1)(i)); red July 16, 2018 (83 FR 32843). No public attached to the bottom 2 m of the line hind grouper during the December 1 comments on that EFP were received and manual snapper reels would be through the last day of February from that notice or since then from the used to retrieve the line. Video cameras seasonal closure from the EEZ west of public. encased in deep-water housings and an 67°10′ W longitude (50 CFR The applicant requests authorization LED light would be attached to a small, 622.435(a)(1)(ii)); and silk, black, to collect deep-water reef fish species in lightweight frame deployed on the blackfin, and vermilion snappers during the U.S. EEZ off the west coast of Puerto second fishing line for a 30-minute soak the October 1 through December 31 Rico. The applicant is seeking to gather time. Once deployed, the system would seasonal closure (50 CFR information that could be used to define rest on the seafloor via tripod legs. 622.435(a)(1)(iii)). The applicant intends essential fish habitat for deep-water The applicant would target queen, to retain samples of the targeted species snapper species off Puerto Rico, and to silk, black, and blackfin snappers, but caught during the seasonal or area obtain additional life history anticipates encountering other species. closures. After samples are taken from information about queen, silk, black, A maximum of 450 of the targeted the targeted species, the remainder of and blackfin snapper. Specimens would species (up to 150 queen snapper; up to the fish caught during a seasonal or area be collected by NMFS researchers and/ 120 silk snapper; up to 120 blackfin closure would be given to the contracted or contractors and contracted snapper; up to 60 black snapper) would commercial fishermen for personal use commercial fishermen aboard a be retained under the EFP. Additionally, and consumption. For incidental commercial fishing vessel. These a maximum of 400 of the incidental species, the EFP would allow the activities may be conducted without species (up to 100 vermilion and applicant to possess the species during NMFS staff or contractors aboard the wenchman snapper combined; up to the applicable seasonal and area

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closures for sufficient time to collect Atmospheric Administration (NOAA), Engineering Program and record length measurements. If the Commerce. (NA18NMF4720279). targeted or incidental species are caught ACTION: Notice; request for comments. The EFP would authorize the outside the closed seasons and closed participating vessel to deploy two areas, the commercial fishermen may SUMMARY: The Assistant Regional experimental trawls consisting of five or retain them and sell them, consistent Administrator for Sustainable Fisheries, more traps. Experimental trawls would with applicable law. Additionally, as Greater Atlantic Region, NMFS, has have a rope spool, fitted with an applicable for the targeted and made a preliminary determination that acoustic release, deployed on one end of incidental species described within the an Exempted Fishing Permit application the trawl, with a buoy line attached to application and this notice, the from the Ocean Associated Incorporated the other. Soak time would be between applicant would be exempt from bag contains all of the required information 2–5 days, but may be modified limit regulations at 50 CFR and warrants further consideration. The depending on what each fisherman 622.437(b)(1). Exempted Fishing Permit would allow decides is appropriate for fishing. NMFS finds this application warrants one commercial fishing vessel to fish Sampling would occur from May further consideration based on a outside of fishery regulations in support through November 2020 in Lobster preliminary review. Possible conditions of research conducted by the applicant. Conservation Management Area 3. the agency may impose on this permit, Regulations under the Magnuson- Initial deployments would be overseen if it is granted, include but are not Stevens Fishery Conservation and by a Woods Hole Oceanographic limited to, a prohibition on conducting Management Act require publication of Institute engineering team, but later sampling activities within marine this notification to provide interested would be observed by OAI personnel. protected areas, marine sanctuaries, or parties the opportunity to comment on There would be 42 deployments of special management zones, without applications for proposed Exempted experimental trawls. additional authorization, and requiring Fishing Permits. If approved, the applicant may compliance with best practices in the DATES: Comments must be received on request minor modifications and event of interactions with any protected or before July 1, 2020. extensions to the EFP throughout the species. NMFS may also require annual year. EFP modifications and extensions reports summarizing the amount of reef ADDRESSES: You may submit written may be granted without further notice if comments by following method: they are deemed essential to facilitate fish species harvested during the • seasonal and area closures, as well as Email: [email protected]. completion of the proposed research during the period of effectiveness of any Include in the subject line ‘‘Comments and have minimal impacts that do not issued EFP. Additionally, NMFS would on OAIRopeless Fishing EFP.’’ change the scope or impact of the require any sea turtles taken FOR FURTHER INFORMATION CONTACT: initially approved EFP request. Any incidentally during the course of the Laura Hansen, Fishery Management fishing activity conducted outside the activities to be handled with due care to Specialist, 978–281–9225. scope of the exempted fishing activity prevent injury to live specimens, SUPPLEMENTARY INFORMATION: The Ocean would be prohibited. observed for activity, and returned to Associates Incorporated (OAI) Authority: 16 U.S.C. 1801 et seq. the water. submitted a complete application for an Dated: June 10, 2020. A final decision on issuance of the Exempted Fishing Permit (EFP) on He´le`ne M.N. Scalliet, EFP will depend on NMFS’ review of March 12, 2020, to conduct commercial public comments received on the fishing activities that the regulations Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. application, consultations with the would otherwise restrict. The OAI is affected state(s), the Council, and the requesting an exemption from Federal [FR Doc. 2020–12897 Filed 6–15–20; 8:45 am] U.S. Coast Guard, and a determination lobster regulations that would authorize BILLING CODE 3510–22–P that it is consistent with all applicable a federally-permitted commercial laws. lobster vessel to participate in a ropeless DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 1801 et seq. lobster gear study. This EFP would exempt the participating vessel from the Dated: June 10, 2020. National Oceanic and Atmospheric Federal gear marking requirements ´ ` Administration Helene M.N. Scalliet, found at 50 CFR 697.21(b)(2). This Acting Director, Office of Sustainable would allow for the use of a single buoy [RTID 0648–XW016] Fisheries, National Marine Fisheries Service. marker on a trawl of more than three Magnuson-Stevens Act Provisions; [FR Doc. 2020–12873 Filed 6–15–20; 8:45 am] traps. Fisheries Off West Coast States; BILLING CODE 3510–22–P The purpose of this study is to test a Pacific Coast Groundfish Fishery; prototype ropeless fishing system to Trawl Rationalization Program; 2020 potentially prevent entanglements of DEPARTMENT OF COMMERCE Cost Recovery protected species, primarily North National Oceanic and Atmospheric Atlantic right whales. This is a AGENCY: National Marine Fisheries Administration continuation of a study that started in Service (NMFS), National Oceanic and 2018. The traps were deployed on a Atmospheric Administration (NOAA), commercial fishing vessel in 2019 to get Commerce. [RTID 0648–XX054] fishermen confident in deploying the ACTION: Notice, 2020 cost recovery fee Magnuson-Stevens Act Provisions; gear. The trawl was deployed nine times percentage correction. General Provisions for Domestic with soak times ranging from 9–20 Fisheries; Application for Exempted minutes in an average depth of 120 ft SUMMARY: This action provides Fishing Permits (36.5 m). The spool performed as participants in the Pacific Coast designed and was retrieved easily with Groundfish Trawl Rationalization AGENCY: National Marine Fisheries all deployments. This study is funded Program (Trawl Program), Shorebased Service (NMFS), National Oceanic and through the NMFS Bycatch Reduction Individual Fishing Quota (IFQ) Program

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with the updated 2020 fee percentage (Shorebased IFQ Program, MS Co-op Program, including both increased costs needed to calculate the required Program, and CP Co-op Program) in for new requirements of the program payments for the cost recovery fees due 2014. NMFS collects the fees to recover and reduced costs resulting from any for the remainder of 2020. For the the incremental costs of management, program efficiencies. remainder of calendar year 2020, NMFS data collection and analysis, and ‘‘V’’, as specified at § 660.115(b)(1)(ii), announces that the Shorebased IFQ enforcement of the Groundfish Trawl is the total ex-vessel value, as defined at Program fee percentage will be 2.88 Rationalization Program. Additional § 660.111, for each sector from the percent. background can be found in the cost previous calendar year. The regulations recovery proposed and final rules, 78 FR define ex-vessel value slightly DATES: Applicable June 16, 2020. 7371 (February 1, 2013) and 78 FR differently for each sector, thus NMFS FOR FURTHER INFORMATION CONTACT: 75268 (December 11, 2013), uses slightly different methods to Christopher Biegel, Cost Recovery respectively. The details of cost calculate ‘‘V’’ for each sector. For the Program Coordinator, (503) 231–6291, recovery for the Groundfish Trawl Shorebased IFQ Program, NMFS used fax (503) 872–2737, email Rationalization Program are in the ex-vessel value for calendar year [email protected]. regulation at 50 CFR 660.115 (Trawl 2018 as reported in Pacific Fisheries SUPPLEMENTARY INFORMATION: The fishery-cost recovery program), 660.140 Information Network (PacFIN) from Magnuson-Stevens Fishery (Shorebased IFQ Program), 660.150 (MS shorebased IFQ electronic fish tickets, Conservation and Management Act Co-op Program), and 660.160 (CP Co-op as this was the most recent complete set (MSA) requires NMFS to collect fees to Program). of data. recover the costs directly related to the To calculate the fee percentages, NMFS announced the 2020 cost management, data collection and NMFS uses the formula specified in recovery fees in the Federal Register on analysis, and enforcement directly regulation at § 660.115(b)(1), where the December 11, 2019 (84 FR 67720). related to and in support of a limited fee percentage by sector equals the Subsequently, NMFS determined that access privilege program (LAPP) (16 lower of 3 percent or DPC for that sector the DPC for the Shorebased IFQ Program U.S.C. 1854(d)(2)), also called ‘‘cost divided by total ex-vessel value (V) for inadvertently included costs that were recovery.’’ The Pacific Coast Groundfish that sector multiplied by 100 (Fee not recoverable as well as some staff Trawl Rationalization Program is a percentage = the lower of 3 percent or costs that should have been included. LAPP, implemented in 2011, and (DPC/V) × 100). The recalculation has resulted in an consists of three sector-specific ‘DPC,’ as defined in the regulations at updated cost recovery fee that will be in programs: The Shorebased IFQ Program, § 660.115(b)(1)(i), are the actual effect for the remainder of the 2020 the Mothership (MS) Co-op Program, incremental costs for the previous fiscal calendar year. and the Catcher Processer (CP) Co-op year directly related to the management, The adjustments were associated with Program. In accordance with the MSA, data collection and analysis, and the West Coast Region (WCR) staff time and based on a recommended structure enforcement of each program and contracting, Northwest Fisheries and methodology developed in (Shorebased IFQ Program, MS Co-op Science Center Scientific Data coordination with the Pacific Fishery Program, and CP Co-op Program). Management Program (SDM) Management Council, NMFS began Actual incremental costs means those contracting, and the Pacific States collecting mandatory fees of up to 3 net costs that would not have been Marine Fisheries Commission (PSMFC) percent of the ex-vessel value of incurred but for the implementation of grant. These adjustments are shown groundfish from each program the Groundfish Trawl Rationalization below (in Table 1).

TABLE 1

WCR Adjustment Sector contracting WCR staff SDM PSMFC for 2021 adjustment adjustment adjustment adjustment calculation

IFQ ...... ¥$6,300.00 $3,200.00 ¥$196,423.00 ¥$31,751.89 ¥$231,273.89

The redetermination resulted in an percentage. This adjustment is shown adjustment to the Shorebased IFQ below (in Table 2). Program 2020 cost recovery fee

TABLE 2

IFQ IFQ total costs Correction Final IFQ ex-vessel IFQ fee totals value percentage

$1,807,551.12 ...... ¥$231,273.87 $1,576,277.25 $54,795,365.00 2.88

Because the adjustment has resulted excess as a credit in the 2021 fee publication of this notice. Fees are only in a lower fee for the Shorebased IFQ calculation. accepted in Pay.gov by credit/debit card Program, NMFS will calculate the fees Cost recovery fees are submitted to or bank transfers. Cash or checks cannot that should have been collected under NMFS by Fish buyers via Pay.gov be accepted. Fish buyers registered with the 2.88 percent fee and include the (https://www.pay.gov/paygov/). The fee Pay.gov can login in the upper left-hand percentage will be updated upon corner of the screen. Fish buyers not

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registered with Pay.gov can go to the ecosystem-based management of marine and authorities set forth in section cost recovery forms directly from the and coastal areas, conservation of ocean 12302 of the ICOOS Act of 2009 and website below. A link to the IFQ Pay.gov and coastal resources and public safety. other appropriate matters as the Under form is listed below: IFQ: https:// The Act requires the establishment Secretary refers to the Committee for www.pay.gov/public/form/start/ and administration of this Committee by review and advice. 58062865. the Under Secretary of Commerce for The United States Integrated Ocean Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. Oceans and Atmosphere. Observing System Advisory Committee 773 et seq., and 16 U.S.C. 7001 et seq. NOAA will hereby accept will provide advice on: applications for membership on the (a) Administration, operation, Dated: June 10, 2020. Committee to fill two vacancies that management, and maintenance of the He´le`ne M.N. Scalliet, occurred in late 2019. These vacancy System; Acting Director, Office of Sustainable appointments shall be for the remainder (b) Expansion and periodic Fisheries, National Marine Fisheries Service. of the unexpired term of the vacancy, modernization and upgrade of [FR Doc. 2020–12891 Filed 6–15–20; 8:45 am] which ends August 15, 2021. An technology components of the System; BILLING CODE 3510–22–P individual so appointed may (c) Identification of end-user subsequently be appointed for an communities, their needs for additional three-year term. The Act information provided by the System, DEPARTMENT OF COMMERCE states: ‘‘Members shall be qualified by and the System’s effectiveness in education, training, and experience to dissemination information to end-user National Oceanic and Atmospheric evaluate scientific and technical communities and to the general public; Administration information related to the design, and (d) Any other purpose identified by United States Integrated Ocean operation, maintenance, or use of the the Under Secretary of Commerce for Observing System Advisory [Integrated Ocean Observing] System, or Oceans and Atmosphere or the Committee use of data products provided through the System.’’ NOAA encourages Interagency Ocean Observation AGENCY: National Ocean Service, individuals with expertise in Committee. National Oceanic and Atmospheric oceanographic data, products, and The Committee’s voting members will Administration (NOAA), Department of services; coastal management; fisheries be appointed by the Under Secretary of Commerce. management; coastal and marine spatial Commerce for Oceans and Atmosphere. ACTION: Notice of new member planning; geodesy; water levels; and Members shall be qualified by solicitation for the United States other science-related fields to submit education, training, and experience to Integrated Ocean Observing System applications for Committee evaluate scientific and technical (U.S. IOOS) Advisory Committee. membership. To apply for membership information related to the design, on the Committee, applicants should operation, maintenance, or use of the SUMMARY: The National Oceanic and submit a resume highlighting their System, or the use of data products Atmospheric Administration (NOAA) is qualifications as indicated in the provided through the System. Members soliciting applications for membership ADDRESSES section. NOAA is an equal- are selected on a standardized basis, in on the United States Integrated Ocean opportunity employer. accordance with applicable Department Observing System Advisory Committee DATES: Nominations should be of Commerce guidance. Members will (the Committee), which is a Federal submitted no later than July 30, 2020. be appointed for three-year terms, advisory committee. Members of the Applications received after July 30, renewable once. One Committee Committee will fulfill the requirements 2020 may not be considered during this member will be designated by the Under of the Integrated Coastal and Ocean membership application cycle, but may Secretary as chairperson. Full-time Observation System Act of 2009 (the be considered for future membership officers or employees of the United Act). The Committee provides advice to cycles. States may not be appointed as a voting the Under Secretary of Commerce for member. Members will be appointed as Oceans and Atmosphere and to the ADDRESSES: Submit an application for special Government employees (SGEs) Interagency Ocean Observation Committee membership, including for purposes of section 202(a) of title 18, Committee on the planning, integrated cover letter, resume, and requested United States Code. Members serve at design, operation, maintenance, items below, to Laura Gewain via Email the discretion of the Under Secretary enhancement, and expansion of the [email protected]. Please direct and are subject to government ethics United States Integrated Ocean any questions regarding application standards. Members of the Committee Observing System (U.S. IOOS). U.S. submission to Laura Gewain via Email will not be compensated for service on IOOS promotes research to develop, or Telephone: 240–533–9456. the Committee, but they may be allowed test, and deploy innovations and FOR FURTHER INFORMATION CONTACT: travel expenses, including per diem in improvements in coastal and ocean Krisa Arzayus, 1315 East-West Highway, lieu of subsistence, in accordance with observation technologies and modeling Station 2616, Silver Spring, MD 20910; subchapter I of chapter 57 of title 5, systems, addresses regional and national Telephone: 240–533–9455; Email: United States Code. needs for ocean information, gathers [email protected]. The Committee will meet at least once data on key coastal, ocean, and Great SUPPLEMENTARY INFORMATION: This each year, and at other times at the call Lakes variables and ensures timely and notice responds to the ICOOS Act of of the Under Secretary, the Interagency sustained dissemination and availability 2009 (Pub. L. 111–11, section 12304), Ocean Observation Committee, or the of these data for societal benefits. U.S. which requires the Under Secretary of Committee Chairperson. The Committee IOOS benefits national safety, the Commerce for Oceans and Atmosphere has approximately fifteen voting economy, and the environment through to solicit nominations for Committee members. This solicitation is to obtain support for national defense, marine membership. The Committee will advise candidate applications for up to two full commerce and forecasting, navigation the NOAA Administrator or Interagency voting member vacancies. safety, weather, climate, energy siting Ocean Observation Committee on To apply for membership, applicants and production, economic development, matters related to the responsibilities must submit the following five items,

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including a cover letter that responds to Disclosure Report to avoid involvement comment during the public meeting, the five questions below. The entire in a real or apparent conflict of interest. please select ‘‘yes’’ during the online package should be a maximum length of One may find the Confidential Financial registration. The line-up of speakers will eight pages or fewer. NOAA is an equal Disclosure Report at the following be based on your date and time of opportunity employer. website: http://www.usoge.gov/forms/ registration. (1) A cover letter that responds to the form_450.aspx. five questions listed below and serves as FOR FURTHER INFORMATION CONTACT: a statement of interest to serve on the Krisa M. Arzayus, Carrie Hall, Evaluator, NOAA Office for panel. Please see ‘‘Short Response Deputy Director, U.S. Integrated Ocean Coastal Management by phone at (240) Observing System Office, National Ocean Questions’’ below. Service, National Oceanic and Atmospheric 533–0730 or email Carrie.Hall@ (2) Highlight the nominee’s specific Administration. noaa.gov. Copies of the previous area(s) of expertise relevant to the [FR Doc. 2020–12913 Filed 6–15–20; 8:45 am] evaluation findings, coastal purpose of the Panel from the list in the BILLING CODE 3150–JE–P management program’s 2016–2020 Federal Register Notice. Assessment and Strategy and reserve’s (3) A short biography of 300 to 400 management plan and site profile may words. DEPARTMENT OF COMMERCE be viewed and downloaded on the (4) A current resume. internet at http://coast.noaa.gov/czm/ (5) The nominee’s full name, title, National Oceanic and Atmospheric evaluations. A copy of the evaluation institutional affiliation, mailing address, Administration email, phone, fax and contact notification letter and most recent information. Evaluation of State Coastal progress reports may be obtained upon Short Response Questions: Management Program and National request by contacting Carrie Hall. (1) List your area(s) of expertise, as Estuarine Research Reserve SUPPLEMENTARY INFORMATION: Section listed above. AGENCY: Office for Coastal Management 312 of the Coastal Zone Management (2) List the geographic region(s) of the Act (CZMA) requires NOAA to conduct country with which you primarily (OCM), National Ocean Service (NOS), periodic evaluations of federally associate your expertise. National Oceanic and Atmospheric (3) Describe your leadership or Administration (NOAA), Department of approved state coastal programs and professional experience that you believe Commerce (DOC). national estuarine research reserves. will contribute to the effectiveness of ACTION: Notice of public meeting and The process includes one or more this panel. opportunity to comment. public meetings, consideration of (4) Describe your familiarity and written public comments, and experience with U.S. IOOS data, SUMMARY: The National Oceanic and consultations with interested Federal, products, and services. Atmospheric Administration (NOAA), state, and local agencies and members of (5) Generally describe the breadth and Office for Coastal Management will hold the public. For the evaluation of the scope of your knowledge of a public meeting to solicit comments on Maryland Coastal Management Program stakeholders, users, or other groups who the performance evaluation of the NOAA will consider the extent to which interact with NOAA or other U.S. IOOS Maryland Coastal Management Program the state has met the national objectives, agencies and whose views and input and Chesapeake Bay Maryland National adhered to the management program Estuarine Research Reserve. you believe you can share with the approved by the Secretary of Commerce, panel. DATES: NOAA will consider all written and adhered to the terms of financial comments received by July 31, 2020. assistance under the CZMA. For the Individuals Selected for Committee The virtual public meeting will be held evaluation of the Chesapeake Bay Membership on Wednesday July 22, 2020 at 12:00 Maryland National Estuarine Research Upon selection and agreement to p.m. EDT. Reserve, NOAA will consider the extent serve on the United States Integrated ADDRESSES: You may submit comments to which the state has met the national Ocean Observing System Advisory on the coastal management program and objectives, adhered to its management Committee, one becomes a Special national estuarine research reserve Government Employee (SGE) of the NOAA intends to evaluate by emailing plan approved by the Secretary of United States Government. An SGE is Carrie Hall, Evaluator, NOAA Office for Commerce, and adhered to the terms of an officer or employee of an agency who Coastal Management at Carrie.Hall@ financial assistance under the Coastal is retained, designated, appointed, or noaa.gov. Comments that the Office for Zone Management Act. When the employed to perform temporary duties, Coastal Management receives are evaluation is completed, NOAA’s Office with or without compensation, for not considered part of the public record and for Coastal Management will place a to exceed 130 days during any period of may be publicly accessible. Any notice in the Federal Register 365 consecutive days, either on a full- personal identifying information (e.g., announcing the availability of the Final time or intermittent basis. After the name, address) submitted voluntarily by Evaluation Findings. membership selection process is the sender may also be publicly Keelin Kuipers, complete, applicants who are selected to accessible. NOAA will accept serve on the Committee must complete anonymous comments. Deputy Director, Office for Coastal the following actions before they can be To participate in the public meeting Management, National Ocean Service, appointed as a Committee member: Wednesday, July 22, 2020 at 12:00 p.m. National Oceanic and Atmospheric (a) Background Check (on-line EDT, registration is required one hour in Administration. Background Check process and advance by 11:00 a.m. EDT. [FR Doc. 2020–12874 Filed 6–15–20; 8:45 am] fingerprinting conducted through Registration: http:// BILLING CODE 3510–JE–P NOAA Workforce Management); and noaacsc.adobeconnect.com/ (b) Confidential Financial Disclosure cbmnerrpublicmeeting/event/event_ Report: As an SGE, one is required to info.html. You may participate online or file annually a Confidential Financial by phone. If you would like to provide

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DEPARTMENT OF COMMERCE of the evaluation notification letter and Information Administration (NTIA), on most recent progress report may be behalf of the Executive Branch, National Oceanic and Atmospheric obtained upon request by contacting the published a Notice seeking comments in Administration person identified under FOR FURTHER accordance with the Secure 5G and INFORMATION CONTACT. Beyond Act of 2020 to inform the Evaluation of National Estuarine SUPPLEMENTARY INFORMATION: Section development of an Implementation Plan Research Reserve 312 of the Coastal Zone Management for the National Strategy to Secure 5G. AGENCY: Office for Coastal Management Act (CZMA) requires NOAA to conduct Through this Notice, NTIA is extending (OCM), National Ocean Service (NOS), periodic evaluations of federally the comment deadline by seven days National Oceanic and Atmospheric approved state coastal programs. The from June 18, 2020, to June 25, 2020. Administration (NOAA), Department of process includes one or more public DATES: Comments must be received on Commerce (DOC). meetings, consideration of written or before June 25, 2020. ACTION: Notice of public meeting and public comments, and consultations ADDRESSES: Written comments may be opportunity to comment. with interested Federal, state, and local submitted by email to secure5G@ agencies and members of the public. ntia.gov. Comments submitted by email SUMMARY: The National Oceanic and During the evaluation, NOAA will should be machine-searchable and Atmospheric Administration (NOAA), consider the extent to which the should not be copy-protected. Written Office for Coastal Management will hold University of Texas at Austin has met comments also may be submitted by a public meeting to solicit comments on the national objectives, adhered to the mail to the National the performance evaluation of the management program approved by the Telecommunications and Information Mission Aransas National Estuarine Secretary of Commerce, and adhered to Administration, U.S. Department of Research Reserve. the terms of financial assistance under Commerce, 1401 Constitution Avenue, DATES: Mission Aransas National the CZMA. When the evaluation is NW, Room 4725, Attn: Secure 5G RFC, Estuarine Research Reserve: The public completed, NOAA’s Office for Coastal Washington, DC 20230. Responders meeting will be held on July 16, 2020, Management will place a notice in the should include the name of the person and written comments must be received Federal Register announcing the or organization filing the comment, as on or before July 26, 2020. For specific availability of the Final Evaluation well as a page number, on each page of dates, times, and locations of the public Findings. their submissions. All comments received are a part of the public record meetings, see SUPPLEMENTARY You may participate or submit oral and will generally be posted to http:// INFORMATION. comments at the public meeting scheduled as follows: www.ntia.doc.gov/ without change. All ADDRESSES: You may submit comments Date: Thursday, July 16, 2020 personal identifying information (e.g., on the coastal program NOAA intends name, address) voluntarily submitted by Time: 6:00 p.m., local time to evaluate by any of the following the commenter may be publicly methods: Instructions for joining the public accessible. Do not submit Confidential Public Meeting and Oral Comments: meeting and providing public comment Business Information or otherwise A public meeting will be held virtually. will be made available by July 2, 2020 sensitive or protected information. For specific information on how to at https://coast.noaa.gov/czm/ NTIA will also accept anonymous participate see SUPPLEMENTARY evaluations/. comments. INFORMATION. Written public comments must be received on or before July 26, 2020. FOR FURTHER INFORMATION CONTACT: Written Comments: Please submit Travis Hall, National written comments to Pam Kylstra, Keelin Kuipers, Telecommunications and Information Program Development Specialist, NOAA Deputy Director, Office for Coastal Administration, U.S. Department of Office for Coastal Management, 2234 Management, National Ocean Service, Commerce, 1401 Constitution Avenue, South Hobson Avenue, Charleston, National Oceanic and Atmospheric NW, Room 4725, Washington, DC South Carolina 29405 or email Administration. 20230; Telephone: (202) 482–3522; comments to [email protected]. [FR Doc. 2020–12876 Filed 6–15–20; 8:45 am] Email: [email protected]. For media Comments that the Office for Coastal BILLING CODE 3150–JE–P inquiries: Stephen Yusko, Office of Management receives are considered Public Affairs, National part of the public record and may be Telecommunications and Information publicly accessible. Any personal DEPARTMENT OF COMMERCE Administration, U.S. Department of identifying information (e.g., name, Commerce, 1401 Constitution Avenue address) submitted voluntarily by the National Telecommunications and NW, Room 4897, Washington, DC sender may also be publicly accessible. Information Administration 20230; telephone: (202) 482–7002; NOAA will accept anonymous [Docket No. 200521–0144] email: [email protected]. comments. SUPPLEMENTARY INFORMATION: In FOR FURTHER INFORMATION CONTACT: Pam RIN 0660–XC047 accordance with the Secure 5G and Kylstra, Program Development The National Strategy To Secure 5G Beyond Act of 2020, Public Law 116– Specialist, NOAA Office for Coastal Implementation Plan 129, the National Telecommunications Management, NOS/NOAA, 2234 South and Information Administration (NTIA), Hobson Avenue, Charleston, South AGENCY: National Telecommunications on behalf of the Executive Branch, is Carolina 29405, by phone at (843) 740– and Information Administration, U.S. requesting comments to inform the 1259 or email [email protected]. Department of Commerce. development of an Implementation Plan Copies of the previous evaluation ACTION: Notice; Extension of Comment for the National Strategy to Secure 5G. findings may be viewed and Period. NTIA published a Notice and Request downloaded on the internet at https:// for Public Comments in the Federal coast.noaa.gov/czm/evaluations/ SUMMARY: On May 28, 2020, the Register on May 28, 2020. See NTIA, evaluation_findings/index.html. A copy National Telecommunications and Notice, The National Strategy to Secure

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5G Implementation Plan, Docket No. Title III of Public Law 107–279. The The meeting will adjourn at 5:00 p.m. 200521–0144, 85 FR 32016 (May 28, Governing Board is established to ET. 2020), available at: https:// formulate policy for NAEP, which is Public Participation: The open session www.ntia.gov/files/ntia/publications/fr- administered by the National Center for of the Governing Board meeting is open secure-5g-implementation-plan- Education Statistics (NCES). The to the public through advance 05282020.pdf. The original deadline for Governing Board’s responsibilities registration. Virtual public participation submission of comments was June 18, include the following: Selecting subject is available with view access, along with 2020. With today’s Notice, NTIA areas to be assessed, developing an audio option for listening. The extends the comment deadline by seven assessment frameworks and Governing Board is empowered to days until June 25, 2020. All other specifications, developing appropriate conduct the virtual meeting in a manner information in the May 28, 2020 Notice student achievement levels for each that will facilitate the orderly conduct of and Request for Public Comments grade and subject tested, developing business and accomplish meeting remains unchanged. standards and procedures for state and objectives in a timely manner. A link to national comparisons, improving the Dated: June 11, 2020. the registration page will be posted on form and use of NAEP, developing Kathy Smith, the Governing Board’s website https:// guidelines for reporting and www.nagb.gov no later than 5 working Chief Counsel, National Telecommunications disseminating results, and releasing and Information Administration. days prior to the meetings. Members of initial NAEP results to the public. the public who need additional [FR Doc. 2020–12960 Filed 6–15–20; 8:45 am] Governing Board members serve 4-year information on the meeting may contact BILLING CODE 3510–60–P terms, subject to renewal for another 4 Munira Mwalimu at the address or years, at the discretion of the Secretary telephone number listed above. of Education. Access to Records of the Meeting: DEPARTMENT OF EDUCATION Meeting Agenda Pursuant to FACA requirements, the public may access the meeting agenda National Assessment Governing Board On Monday, June 29, 2020, the for the open session of the June 29 Governing Board will convene virtually meeting of the Governing Board at National Assessment Governing in closed session from 2:00 p.m. to 4:00 https://www.nagb.gov no later than June Board; Meetings p.m. to discuss independent cost 25, 2020. AGENCY: National Assessment estimates related to the impact of the COVID–19 pandemic on the NAEP 2021 Reasonable Accommodations: The Governing Board, U.S. Department of Governing Board website is accessible to Education. operations and subsequent potential impacts on the NAEP budget and individuals with disabilities. If you will ACTION: Notice of virtual meetings. assessment schedule. The Board will need an auxiliary aid or service to participate in the meeting (e.g., SUMMARY: The National Assessment receive a briefing from Peggy Carr, Associate Commissioner, NCES, on cost interpreting service, assistive listening Governing Board (hereafter referred to device, or materials in an alternate as Governing Board) announces two implications which will involve reviewing the government’s format), please notify the contact person virtual meetings that are scheduled on listed in this notice no later than June June 29, 2020. The meeting will have independent cost estimates for possibly revising the national assessment 22, 2020. Written comments related to two sessions—a closed session which is the work of the Governing Board may be not open to the public, followed by a activities. These discussions may impact current and future NAEP submitted electronically or in hard copy session open to the public via video and to the attention of the Executive Officer/ audio access. This notice sets forth the contracts and budgets and must be kept confidential. Public disclosure of this Designated Federal Official (see contact agenda for the two meetings and information noted above). Information meeting participation information. confidential information would significantly impede implementation of on the Governing Board and its work Notice of the meeting is required under can be found at www.nagb.gov. § 10(a)(2) of the Federal Advisory the NAEP assessment program if Electronic Access to this Document: Committee Act (FACA). conducted in open session. Such matters are protected by exemption 9(B) The official version of this document is DATES: Dates and Times: of § 552b(c) of Title 5 of the United the document published in the Federal June 29, 2020: National Assessment States Code. Register. Internet access to the official Governing Board Meetings. Following the closed session, on edition of the Federal Register and the Session 1: Closed meeting: 2:00 p.m. Monday, June 29, 2020, the Governing Code of Federal Regulations is available to 4:00 p.m. Eastern Time (ET). Board will convene virtually in open via the Federal Digital System at: Session 2: Open meeting: 4:00 p.m. to session from 4:00 p.m. to 5:00 p.m. ET. www.gpo.gov/fdsys. This site allows the 5:00 p.m. Eastern Time (ET). The meeting will begin with Governing public to view this document, as well as ADDRESSES: Virtual Meetings. Board Chair Haley Barbour’s review of all other documents of this Department FOR FURTHER INFORMATION CONTACT: the meeting agenda and a summary of published in the Federal Register, in Munira Mwalimu, Executive Officer/ the policy issues the Governing Board text or Adobe Portable Document Designated Federal Official for the will need to consider in reviewing the Format (PDF). To use PDF, you must Governing Board, 800 North Capitol impact of COVID–19 on the NAEP 2021 have Adobe Acrobat Reader, which is Street NW, Suite 825, Washington, DC planned assessments. This session will available free at the Adobe website. You 20002, telephone: (202) 357–6938, fax: be informed by discussions led by Peggy may also access documents of the (202) 357–6945, email: Carr, Associate Commissioner, NCES, Department published in the Federal [email protected]. and Lesley Muldoon, Governing Board Register by using the article search SUPPLEMENTARY INFORMATION: Executive Director followed by feature at: www.federalregister.gov. Statutory Authority and Function: Governing Board discussion. The Chair Specifically, the advanced search The Governing Board is established then will provide closing remarks and feature at this site allow searches to under the National Assessment of highlight next steps on plans for the documents published by the Educational Progress Authorization Act, 2021 NAEP Schedule of Assessments. Department.

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Authority: Pub. L. 107–279, Title III— accordance with the Paperwork schools as required under the CARES National Assessment of Educational Progress Reduction Act of 1995 (PRA) (44 U.S.C. Act. On June 5, 2020, a change to the § 301. 3506(c)(2)(A)), provides the general emergency collection was approved in Lesley Muldoon, public and Federal agencies with an order to allow ED to provide clarity on Executive Director, National Assessment opportunity to comment on proposed, the reporting requirements for the Governing Board (NAGB), U.S. Department revised, and continuing collections of ESSER Fund. The Department is seeking of Education. information. This helps the Department public comment for this collection in [FR Doc. 2020–12952 Filed 6–15–20; 8:45 am] assess the impact of its information order to comply with the terms of BILLING CODE P collection requirements and minimize clearance. the public’s reporting burden. It also Dated: June 11, 2020. helps the public understand the Kate Mullan, Department’s information collection DEPARTMENT OF EDUCATION PRA Coordinator, Strategic Collections and requirements and provide the requested [Docket No. ED–2020–SCC–0077] Clearance, Governance and Strategy Division, data in the desired format. ED is Office of Chief Data Officer. soliciting comments on the proposed Agency Information Collection [FR Doc. 2020–12946 Filed 6–15–20; 8:45 am] information collection request (ICR) that Activities; Comment Request; BILLING CODE 4000–01–P is described below. The Department of Certification and Agreement for the Education is especially interested in ESSER Fund Application public comment addressing the DEPARTMENT OF EDUCATION AGENCY: Office of Elementary and following issues: (1) Is this collection Secondary Education (OESE), necessary to the proper functions of the Applications for New Awards; Department of Education (ED). Department; (2) will this information be Technical Assistance on State Data ACTION: Notice. processed and used in a timely manner; Collection—National Technical (3) is the estimate of burden accurate; Assistance Center To Improve State SUMMARY: In accordance with the (4) how might the Department enhance Capacity To Collect, Report, Analyze, Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the and Use Accurate IDEA Part B and Part proposing an extension of an existing information to be collected; and (5) how C Fiscal Data information collection. might the Department minimize the DATES: Interested persons are invited to burden of this collection on the AGENCY: Office of Special Education and submit comments on or before August respondents, including through the use Rehabilitative Services, Department of 17, 2020. of information technology. Please note Education. ACTION: ADDRESSES: To access and review all the that written comments received in Notice. response to this notice will be documents related to the information SUMMARY: The Department of Education collection listed in this notice, please considered public records. (Department) is issuing a notice inviting Title of Collection: Certification and use http://www.regulations.gov by applications for new awards for fiscal Agreement for the ESSER Fund searching the Docket ID number ED– year (FY) 2020 for a National Technical Application. 2020–SCC–0077. Comments submitted Assistance Center to Improve State in response to this notice should be OMB Control Number: 1810–0743. Type of Review: An extension of an Capacity to Collect, Report, Analyze, submitted electronically through the and Use Accurate IDEA Part B and Part Federal eRulemaking Portal at http:// existing information collection. Respondents/Affected Public: State, C Fiscal Data (Fiscal Data Center), www.regulations.gov by selecting the Local, and Tribal Governments. Catalog of Federal Domestic Assistance Docket ID number or via postal mail, Total Estimated Number of Annual (CFDA) number 84.373F. The Fiscal commercial delivery, or hand delivery. Responses: 52. Data Center will provide technical If the regulations.gov site is not Total Estimated Number of Annual assistance (TA) to improve the capacity available to the public for any reason, Burden Hours: 260. of States to meet the data collection ED will temporarily accept comments at Abstract: This is a request for regular requirements under Parts B and C of the [email protected]. Please include the approval of an information collection. Individuals with Disabilities Education docket ID number and the title of the On April 23, 2020 the Department was Act (IDEA). The Fiscal Data Center will information collection request when granted approval for this information support States in collecting, reporting, requesting documents or submitting collection that solicited from State and determining how to best analyze comments. Please note that comments educational agencies (SEAs) and use their IDEA Parts B and C fiscal submitted by fax or email and those applications for funding under section data to establish and meet high submitted after the comment period will 18003 of the Coronavirus Aid, Relief, expectations for each child with a not be accepted. Written requests for and Economic Security Act (CARES disability and will customize its TA to information or comments submitted by Act), the Elementary and Secondary meet each State’s specific needs. This postal mail or delivery should be School Emergency Relief Fund (ESSER notice relates to the approved addressed to the Director of the Strategic Fund). The ESSER Fund awards grants information collection under OMB Collections and Clearance Governance to State educational agencies (SEAs) for control number 1894–0006. and Strategy Division, U.S. Department the purpose of providing local DATES: of Education, 400 Maryland Ave. SW, educational agencies (LEAs), including Applications Available: June 16, 2020. LBJ, Room 6W–208D, Washington, DC charter schools that are LEAs, with Deadline for Transmittal of 20202–4537. emergency relief funds to address the Applications: July 31, 2020. FOR FURTHER INFORMATION CONTACT: For impact that Novel Coronavirus Disease Deadline for Intergovernmental specific questions related to collection 2019 (COVID–19) has had, and Review: September 29, 2020. activities, please contact Christopher continues to have, on elementary and ADDRESSES: For the addresses for Tate, 202–453–6047. secondary schools across the nation. obtaining and submitting an SUPPLEMENTARY INFORMATION: The LEAs must provide equitable services to application, please refer to our Common Department of Education (ED), in students and teachers in non-public Instructions for Applicants to

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Department of Education Discretionary use under parts B and C of the IDEA.’’ MOE/CEIS data collection based on the Grant Programs, published in the Department of Defense and Labor, final LEA MOE regulations that were Federal Register on February 13, 2019 Health and Human Services, and published in the Federal Register on (84 FR 3768), and available at Education Appropriations Act, 2019, April 28, 2015 (80 FR 23644), and States www.govinfo.gov/content/pkg/FR-2019- and Continuing Appropriations Act, will need to ensure that the data they 02-13/pdf/2019-02206.pdf. 2019, Div. B, Title III of Public Law submit under those new elements are FOR FURTHER INFORMATION CONTACT: 115–245, 132 Stat. 3100 (2018); Further valid and reliable. In addition, the Jennifer Finch, U.S. Department of Consolidated Appropriations Act, 2020, Department continues to identify errors Education, 400 Maryland Avenue SW, Div. A, Title III of Public Law 116–94, in States’ Part B LEA MOE/CEIS data Room 5016C, Potomac Center Plaza, 133 Stat. 2590 (2019). submissions through its annual review Washington, DC 20202–5076. Priority: This priority is from the process. Finally, based on the Office of Telephone: (202) 245–6610. Email: notice of final priority and requirements Special Education Programs’ (OSEP) [email protected]. (NFP) for this program published monitoring visits and subsequent fiscal If you use a telecommunications elsewhere in this issue of the Federal findings in several States, OSEP has device for the deaf (TDD) or a text Register. determined that States continue to need telephone (TTY), call the Federal Relay Background: The purpose of this support in understanding the Service (FRS), toll free, at 1–800–877– priority is to establish a Fiscal Data requirements relating to the data 8339. Center to provide States with TA to elements reported under the LEA MOE/ assist them in meeting their fiscal data SUPPLEMENTARY INFORMATION: CEIS data collection. collection and reporting obligations For example, OSEP has identified Full Text of Announcement under IDEA. Under Part B of IDEA, State noncompliance in the methodologies I. Funding Opportunity Description educational agencies (SEAs) are used by some States to calculate the required to submit fiscal data to the amounts of their LEAs’ IDEA Part B Purpose of Program: The purpose of Department in (1) the IDEA Part B local subgrants. This type of noncompliance the Technical Assistance on State Data educational agency (LEA) Maintenance has broader implications for LEAs and Collection program is to improve the of Effort (MOE) Reduction and capacity of States to meet IDEA data States that receive increased or Coordinated Early Intervening Services decreased funding for special education collection and reporting requirements. (CEIS) (LEA MOE/CEIS) Data Collection; Funding for the program is authorized and related services. As an illustration and (2) Section V of the IDEA Part B of the potential impact of fiscal under section 611(c)(1) of IDEA, which Annual Application. Under IDEA Part gives the Secretary the authority to noncompliance, an error in calculating C, State lead agencies (LAs) are also the amount of an LEA’s IDEA Part B reserve not more than 1⁄2 of 1 percent of required to report fiscal data to the the amounts appropriated under Part B allocation affects the amounts the LEA Department in (1) Section III of the may expend to meet other fiscal for each fiscal year to provide TA IDEA Part C Annual Application (use of activities authorized under section requirements, such as LEA MOE funds); and (2) Section IV of the IDEA reduction under 34 CFR 300.205, 616(i) of IDEA, where needed, to Part C Annual Application (indirect improve the capacity of States to meet voluntary CEIS under 34 CFR costs). 300.226(a), comprehensive CEIS under the data collection requirements under In reviewing the data submitted by Parts B and C of IDEA. The maximum 34 CFR 300.646(d), and proportionate States, the Department finds that States share for parentally placed private amount the Secretary may reserve under continue to need support to build their this set-aside for any fiscal year is school children with disabilities under capacity to submit valid and reliable 34 CFR 300.133. Based on the $25,000,000, cumulatively adjusted by IDEA Part B and Part C fiscal data. It is the rate of inflation. Section 616(i) of complexities and high stakes involved important for these data to be accurate in reporting valid and reliable IDEA Part IDEA requires the Secretary to review so that States can use them to more the data collection and analysis capacity B fiscal data, the Department effectively manage all available funding determined that States continue to need of States to ensure that data and resources for services for children with information determined necessary for TA to improve their data collection disabilities and ensure that IDEA funds capacity, their ability to analyze and use the implementation of section 616 of are used as a payor of last resort. In IDEA are collected, analyzed, and that data, and their ability to ensure data addition, under IDEA Part B, States may are accurate and can be reported to the accurately reported to the Secretary. It suffer significant monetary also requires the Secretary to provide Department and the public.1 consequences as a result of inaccurate Accurately collecting and reporting TA (from funds reserved under section data reporting or noncompliance 611(c)(1)), where needed, to improve the valid and reliable IDEA Part B fiscal identified through these data data is critically important for States capacity of States to meet the data collections. collection requirements under Parts B and LEAs. Failure of a State to report and C of IDEA, which include the data Data Under IDEA Part B accurate data on MFS may result in a collection and reporting requirements in In FY 2014, the Department funded reduction of IDEA Part B section 611 sections 616 and 618 of IDEA. the Technical Assistance on State Data funds. Failure of an LEA to meet LEA Additionally, the Department of Defense Collection—IDEA Fiscal Data Center, MOE may result in repayment by the and Labor, Health and Human Services, which provided TA to improve the SEA of non-Federal funds to the and Education Appropriations Act, 2019 capacity of States to meet the following Department. In addition, accurate fiscal and Continuing Appropriations Act, IDEA Part B fiscal data collection information is needed for States to make 2019; and the Further Consolidated requirements under section 618 of informed decisions on the use of their Appropriations Act, 2020 give the IDEA: (1) Maintenance of State IDEA Part B funds. Finally, valid and Secretary the authority to use funds Financial Support (MFS) for special reliable fiscal data allow OSEP to better reserved under section 611(c) to education and related services; and (2) 1 The Department’s FY 2014 notice of proposed ‘‘administer and carry out other services LEA MOE/CEIS. priority (79 FR 24661) provided information on the and activities to improve data Since that time, the Department challenges States face in understanding, submitting, collection, coordination, quality, and added new data elements to the LEA analyzing and using IDEA Part B fiscal data.

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protect the Federal interest in the (2) Coordinate all available funding the fiscal data reported by the State and approximately $13.2 billion of IDEA sources for IDEA Part C services the related fiscal assurances and Part B grants made available to States by (including its system of payments); certification regarding funding needed the Department in Federal fiscal year (3) Use IDEA Part C funds to or provided by other State agencies (and (FFY) 2019 by ensuring that States and supplement, not supplant, the level of any methods, such as interagency LEAs meet their obligation to collect State and local funds expended for agreements or other appropriate written and report accurate data on IDEA’s MFS infants and toddlers with disabilities; mechanisms) and the State’s related and LEA MOE requirements. and application requirements, including its TA on collecting, reporting, (4) Charge administrative direct and system of payments policies. States’ analyzing, and using other IDEA Part B indirect costs to the IDEA Part C grant fiscal data reflect confusion with the and Part C data reported under sections consistent with applicable Federal fiscal fiscal requirements not only under the 616 and 618 of IDEA will be provided requirements.3 IDEA Part C statute and regulations, but by the National Technical Assistance In addition, each LA must certify that also the fiscal requirements under the Center to Improve State Capacity to the arrangements to establish financial Office of Management and Budget Collect, Report, Analyze, and Use responsibility for the provision of IDEA (OMB) Uniform Administrative Accurate IDEA Part B Data, CFDA Part C services among appropriate Requirements, Cost Principles, and number 84.373Y, and the National public agencies under 34 CFR 303.511 Audit Requirements for Federal Awards, Technical Assistance Center to Improve and the LA’s contracts with early codified in 2 CFR part 200 (OMB State Capacity to Collect, Report, intervention service (EIS) providers Uniform Guidance). Analyze, and Use Accurate Early regarding financial responsibility for the Specifically, OSEP has identified Childhood IDEA Data, CFDA number provision of IDEA Part C services meet issues with, and States have raised 84.373Z, for which notices of final the requirements in 34 CFR 303.500 questions about, how to report IDEA priority and requirements were through 303.521 and are current as of Part C fiscal data regarding the amount published in the Federal Register on the date of submission of the of IDEA Part C funds to be used for: (1) 4 August 12, 2019 (84 FR 39736 and 84 certification. Fiscal data related to this Administrative costs, such as positions FR 39727). certification may need to also be partially or wholly funded by IDEA Part reported in Section III of the IDEA Part C funds, and the amount of fringe Data Under IDEA Part C C Annual State Application under benefits (reported in Section III.A.); (2) In its review of State submissions of funding for other State agencies to the maintenance and implementation IDEA Part C fiscal data, the Department extent Federal IDEA Part C funds are activities for the LA and the State found that States need support to used in conjunction with State funding Interagency Coordinating Council (ICC) submit accurate, valid, and reliable data or other support provided by State (including any costs that require prior in two areas: (1) Use of IDEA Part C agencies other than the State LA. approval by OSEP, such as equipment, funds; and (2) indirect costs.2 In its In several instances, States’ reporting rent, and participant support costs for reviews, OSEP found inconsistencies of IDEA Part C fiscal data in their trainings and conferences) (reported in within the IDEA Part C Annual applications indicates that there is Section III.B.); (3) direct services Application between the fiscal data confusion related to the implementation (disaggregated by the type of service and reported by a State LA and the related of underlying Part C fiscal requirements. expended consistently with IDEA’s fiscal certification and assurances that Many States need support in payor-of-last-resort and system of the State must provide as part of its understanding the administrative costs payments requirements) (reported in application for eligibility. that may be charged to IDEA Part C Section III.C.); and (4) activities by other In its IDEA Part C Annual grants as direct and indirect costs. State agencies (reported in Section Application, each LA must provide Additionally, in their annual III.D.). The fiscal data in each of these several fiscal-related assurances and a application numerous States are unable categories reflects a need for TA on the fiscal-related certification. Specifically, to identify or disaggregate the costs for requirements in the OMB Uniform each LA must— direct services, as well as costs Guidance as they apply to IDEA Part C (1) Ensure its statewide system has a attributable to other State agencies, due LAs and EIS providers. single line of responsibility, including— to confusion regarding the fiscal OSEP has also found that States need (a) The identification and certification, and fiscal assurances TA with Section III use of funds or coordination of all available resources regarding the payor of last resort, system ‘‘budget’’ amendment requests after the for early intervention services within of payments, methods, and related fiscal grant is issued to comply with fiscal the State, including those from Federal, coordination requirements. requirements and in order to expend State, local, and private sources, OSEP’s review of the fiscal data in unused IDEA Part C funds prior to those consistent with subpart F of 34 CFR part Section III of the IDEA Part C funds lapsing. These fiscal requirements 303; and application (use of funds) indicates that are also codified in the OMB Uniform (b) The assignment of financial States need TA in this area. This review Guidance. responsibility in accordance with has identified inconsistencies in data In Section IV.B. of the IDEA Part C subpart F of 34 CFR part 303 and across categories of expenses (including application, the LA must report on specifically ensure IDEA Part C funds direct and indirect costs) and between whether the State plans to charge are used as payor of last resort indirect costs to the IDEA Part C grant (including any method under IDEA 3 These assurances are provided in Section II.B., through the use of a restricted indirect items 13 and 24. The assurance numbers are from cost rate agreement or a cost allocation section 640); the FFY 2019 IDEA Part C Annual State Application, which can be accessed at https:// plan that is approved by the LA’s 2 These fiscal data are reported in the following osep.grads360.org/#communities/pdc/documents/ Federal cognizant agency and provide sections of the IDEA Part C Application: (1) Section 17654. appropriate documentation. III: Use of Federal IDEA Part C Funds for the State 4 This is certification number 3 in Section II.C. of Sections III.F.6 and IV.B also require LA and the Interagency Coordinating Council (ICC); the application, and it is provided, under IDEA and (2) Section IV.B: Restricted Indirect Cost Rate/ section 640 and 34 CFR 303.202, in Section II.C. It States to indicate that, if indirect costs Cost Allocation Plan data, which the Department can be accessed at https://osep.grads360.org/ are being charged to the IDEA Part C collects, inter alia, under section 618(a)(3) of IDEA. #communities/pdc/documents/17654. grant, the State must indicate the total

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amount of the overall Federal IDEA Part In addition, this priority includes an Absolute Priority: For FY 2020 and C grant funds that will be charged for indirect cost cap that is the lesser of the any subsequent year in which we make restricted indirect costs and provide grantee’s actual indirect costs as awards from the list of unfunded appropriate approval documentation. If determined by the grantee’s negotiated applications from this competition, this the State charges indirect costs to its indirect cost rate agreement with its priority is an absolute priority. Under 34 IDEA Part C grant, then, under 34 CFR cognizant Federal agency and 40 CFR 75.105(c)(3), we consider only 303.225(c), an LA may charge them percent of the grantee’s modified total applications that meet this priority. through either: (1) A restricted indirect direct cost (MTDC) base. We believe this This priority is: cost rate agreement that meets the cap is appropriate as it maximizes the National Technical Assistance Center requirements in 34 CFR 76.560 through availability of funds for the primary TA to Improve State Capacity to Collect, 76.569; or (2) a cost allocation plan that purposes of this priority. The Report, Analyze, and Use Accurate meets the non-supplanting requirements Department has done an analysis of the IDEA Part B and Part C Fiscal Data. in 34 CFR 303.225(b) and 34 CFR part indirect cost rates for all current TA The purpose of this priority is to fund 76.5 OSEP has worked with LAs when centers funded under the Technical a cooperative agreement to establish and it identifies large amounts of IDEA Part Assistance and Dissemination and operate the National Technical C funding being reserved for Technical Assistance on State Data Assistance Center to Improve State administrative or indirect costs and Collection programs as well as other Capacity to Collect, Report, Analyze, believes that LAs need TA both on grantees that are large, midsize, and and Use Accurate IDEA Part B and Part reporting indirect cost data to the small businesses and small nonprofit C Fiscal Data (Fiscal Data Center). Department in the application and on organizations and has found that, in The Fiscal Data Center will provide applying indirect costs and related general, total indirect costs charged on TA to improve the capacity of States to Federal requirements to the IDEA Part C these grants by these entities were at or meet the IDEA Parts B and C fiscal data grant. This is particularly relevant to below 35 percent of total direct costs collection requirements under IDEA LAs that have a cognizant Federal (TDC). We recognize that, dependent on section 618 and increase States’ agency other than the Department and the structure of the investment and knowledge of the underlying IDEA fiscal to ensure that States and LAs meet activities, the MTDC base could be requirements and calculations necessary requirements in the Education much smaller than the TDC, which to submit valid and reliable data for the Department General Administrative would imply a higher indirect cost rate following collections: (1) MFS in Regulations and the OMB Uniform than those calculated here. The Section V of the IDEA Part B Annual Guidance, which require indirect costs Department arrived at a 40 percent rate State Application; (2) LEA MOE/CEIS; for IDEA Part C grants to be calculated to address some of that variation. This (3) Description of Use of Federal IDEA on a restricted basis due to IDEA Part would account for a 12 percent variance Part C Funds for the LA and the ICC in C’s nonsupplanting requirement.6 The between TDC and MTDC. However, we Section III of the IDEA Part C Annual Fiscal Data Center will support States in note that, in the absence of a cap, State Application; and (4) Restricted appropriately applying their previously certain entities would likely charge Indirect Cost Rate/Cost Allocation Plan negotiated or provisionally approved indirect cost rates in excess of 40 Information in Sections III and IV of the indirect cost rate agreements or a cost percent of MTDC. Based on our IDEA Part C Annual State Application. allocation plan as described above. The analysis, it appears that those entities States will also receive TA from the Fiscal Data Center will not support LAs would likely be larger for-profit and Fiscal Data Center on the underlying in negotiating an indirect cost rate nonprofit organizations, but these fiscal requirements of IDEA related to agreement with their cognizant organizations appear to be outliers when these collections and how they impact agencies. compared to the majority of other large the States’ ability to meet IDEA fiscal businesses as well as the entirety of data collection requirements. States need TA in reporting valid and Note: The Fiscal Data Center may OSEP’s grantees. Setting an indirect cost reliable IDEA Part C fiscal data, neither provide TA to States on rate cap of 40 percent would be in line understanding the underlying negotiating indirect cost rate agreements with the majority of applicants’ existing requirements in Section III and Section with their cognizant Federal agencies negotiated rates with the cognizant IV of the IDEA Part C Annual State nor act as an agent or representative of Federal agency. Application, and optimally using and States in such negotiations. analyzing the data submitted to the This priority aligns with two The Fiscal Data Center must be Department. priorities from the Secretary’s Final designed to achieve, at a minimum, the Indirect Costs Charged by the Fiscal Supplemental Priorities and Definitions following outcomes: Data Center to the Grant. for Discretionary Grant Programs, (a) Increased capacity of States to published in the Federal Register on collect, report, analyze, and use high- 5 Approximately three quarters of States have a March 2, 2018 (83 FR 9096): Priority 2: quality IDEA Part B and Part C fiscal department of health or social services as the LA Promoting Innovation and Efficiency, data; for Part C. In those cases, the U.S. Department of Streamlining Education With an (b) Increased State knowledge of Health and Human Services is the cognizant Increased Focus on Student Outcomes, underlying statutory and regulatory Federal agency for indirect cost purposes. For certain territories, the U.S. Department of the and Providing Increased Value to fiscal requirements and the calculations Interior is the cognizant Federal agency for indirect Students and Taxpayers; and Priority 5: necessary to submit valid and reliable cost purposes. For LAs that are also SEAs, the Meeting the Unique Needs of Students fiscal data under IDEA Part B and Part Department is the cognizant agency for approving and Children with Disabilities and/or C; the LA’s restricted indirect cost rate or cost allocation plan. If an LA has a cognizant Federal Those With Unique Gifts and Talents. (c) Improved fiscal infrastructure (e.g., agency other than the Department for determining The Fiscal Data Center must be sample interagency agreements, the LA’s restricted indirect cost rate or approving awarded and operated in a manner standard operating procedures and its cost allocation plan, the LA must attach a copy consistent with the nondiscrimination templates) by coordinating and of the approved restricted indirect cost rate agreement or cost allocation plan to the Department requirements contained in the U.S. promoting communication and effective in the IDEA Part C Annual Application. Constitution and the Federal civil rights fiscal data collection and reporting 6 Appendix VI and Appendix VII to 2 CFR 200. laws. strategies among relevant State offices,

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including SEAs, LAs and other State (4) Disseminate information regarding (ii) How the proposed project will agencies, LEAs, schools, and EIS how SEAs and LAs are currently incorporate current research and EBPs programs or providers; meeting IDEA fiscal data collection and in the development and delivery of its (d) Increased capacity of States to reporting requirements and are using products and services; submit accurate and timely fiscal data to IDEA section 618 data as a means of (5) Develop products and provide enhance current State validation both improving data quality and services that are of high quality and procedures to prevent errors in State- identifying programmatic strengths and sufficient intensity and duration to reported IDEA data; areas for improvement. achieve the intended outcomes of the (e) Increased capacity of States to (b) Demonstrate, in the narrative proposed project. To address this train personnel to meet the IDEA fiscal section of the application under requirement, the applicant must data collection and reporting ‘‘Quality of project services,’’ how the describe— requirements under sections 616 and proposed project will— (i) How it proposes to identify or 618 of IDEA through development of (1) Ensure equal access and treatment develop the knowledge base on fiscal effective tools and resources (e.g., for members of groups that have data management and data system templates, tools, calculators, and traditionally been underrepresented integration and the underlying fiscal documentation of State data processes); based on race, color, national origin, requirements of IDEA; gender, age, or disability. To meet this (ii) Its proposed approach to and providing opportunities for in- 8 person and virtual cross-State requirement, the applicant must universal, general TA, which must collaboration about IDEA fiscal data describe how it will— identify the intended recipients, including the type and number of collection and reporting requirements (i) Identify the needs of the intended recipients, that will receive the products (required under section 618 of IDEA); recipients for TA and information; and and services under this approach; (f) Improved capacity of SEAs, LEAs, (ii) Ensure that services and products meet the needs of the intended (iii) Its proposed approach to targeted, LAs, and EIS programs or providers to 9 recipients of the grant; specialized TA, which must identify— collect and use IDEA fiscal data to (A) The intended recipients, identify issues and address those issues (2) Achieve its goals, objectives, and intended outcomes. To meet this including the type and number of through monitoring, TA, and recipients, that will receive the products stakeholder involvement; and requirement, the applicant must provide— and services under this approach; (g) Improved IDEA fiscal data (B) Its proposed approach to measure (i) Measurable intended project validation using results from data the readiness of potential TA recipients outcomes; and reviews conducted by the Department to to work with the project, assessing, at a (ii) In Appendix A, the logic model work with States and generate tools that minimum, their current infrastructure, (as defined in 34 CFR 77.1) by which can be used by States to accurately available resources, and ability to build the proposed project will achieve its communicate fiscal data to local capacity at the State and local levels; intended outcomes that depicts, at a consumers (e.g., parents, LEAs, EIS and programs or providers, the general minimum, the goals, activities, outputs, (C) The process by which the public) and lead to improvements in the and intended outcomes of the proposed proposed project will collaborate with validity and reliability of fiscal data project; OSEP-funded centers and other required by IDEA. (3) Use a conceptual framework to federally funded TA centers to develop In addition to these programmatic develop project plans and activities, and implement a coordinated TA plan requirements, to be considered for describing any underlying concepts, when such other centers are involved in funding under this priority, applicants assumptions, expectations, beliefs, or a State; and must meet the application and theories, as well as the presumed (iv) Its proposed approach to administrative requirements in this relationships or linkages among these intensive, sustained TA,10 which must priority, which are— variables, and any empirical support for identify— (a) Describe, in the narrative section this framework. Include a copy of the of the application under ‘‘Significance,’’ conceptual framework in Appendix A; 8 ‘‘Universal, general TA’’ means TA and how the proposed project will— Note: The following websites provide information provided to independent users through more information on logic models and their own initiative, resulting in minimal (1) Use knowledge of how SEAs, LAs, conceptual frameworks: interaction with TA center staff and including one- LEAs, and EIS programs and providers time, invited or offered conference presentations by www.osepideasthatwork.org/logicModel are meeting IDEA Part B and Part C TA center staff. This category of TA also includes and www.osepideasthatwork.org/ information or products, such as newsletters, fiscal data collection and reporting resources-grantees/program-areas/ta-ta/ guidebooks, or research syntheses, downloaded requirements and the underlying from the TA center’s website by independent users. tad-project-logic-model-and-conceptual- statutory and regulatory fiscal Brief communications by TA center staff with framework. requirements, as well as knowledge of recipients, either by telephone or email, are also (4) Be based on current research and considered universal, general TA. State and local data collection systems, 9 make use of evidence-based practices ‘‘Targeted, specialized TA’’ means TA services as appropriate; (EBPs).7 To meet this requirement, the based on needs common to multiple recipients and (2) Examine applicable national, not extensively individualized. A relationship is applicant must describe— State, and local data to determine the established between the TA recipient and one or (i) The current research on fiscal data more TA center staff. This category of TA includes current capacity needs of SEAs, LAs, management and data system one-time, labor-intensive events, such as facilitating LEAs, and EIS programs and providers strategic planning or hosting regional or national integration, and related EBPs; and to meet IDEA Part B and Part C fiscal conferences. It can also include episodic, less labor- data collection and reporting intensive events that extend over a period of time, 7 For the purposes of this priority, ‘‘evidence- such as facilitating a series of conference calls on requirements; based’’ means the proposed project component is single or multiple topics that are designed around (3) Train SEAs and LAs on how to use supported, at a minimum, by evidence that the needs of the recipients. Facilitating IDEA section 618 fiscal data as a means demonstrates a rationale (as defined in 34 CFR communities of practice can also be considered of both improving data quality and 77.1), where a key project component included in targeted, specialized TA. the project’s logic model is informed by research or 10 ‘‘Intensive, sustained TA’’ means TA services identifying programmatic strengths and evaluation findings that suggest the project often provided on-site and requiring a stable, areas for improvement; and component is likely to improve relevant outcomes. Continued

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(A) The intended recipients, (G) The process by which the evaluator, as well as the costs associated including the type and number of proposed project will collaborate with with the implementation of the recipients, that will receive the products OSEP-funded centers and other evaluation plan by the third-party and services under this approach; federally funded TA centers to develop evaluator. (B) Its proposed approach to and implement a coordinated TA plan (d) Demonstrate, in the narrative addressing States’ challenges reporting when they are involved in a State; section of the application under high-quality IDEA fiscal data to the (6) Develop products and implement ‘‘Adequacy of resources,’’ how— Department and the public, which services that maximize efficiency. To (1) The proposed project will should, at a minimum, include address this requirement, the applicant encourage applications for employment providing on-site consultants to the SEA must describe— from persons who are members of or LA to— (i) How the proposed project will use groups that have traditionally been (1) Assess all 57 IDEA Part C technology to achieve the intended underrepresented based on race, color, programs to determine LA project outcomes; national origin, gender, age, or organizational structure and their (ii) With whom the proposed project disability, as appropriate; capacity to submit valid and reliable will collaborate and the intended (2) The proposed key project IDEA Part C fiscal data; outcomes of this collaboration; and personnel, consultants, and (2) Assess all 60 entities that receive (iii) How the proposed project will subcontractors have the qualifications IDEA Part B grants to determine their use non-project resources to achieve the and experience to carry out the capacity to submit valid and reliable intended project outcomes. proposed activities and achieve the IDEA Part B fiscal data; (c) In the narrative section of the (3) Identify and document model application under ‘‘Quality of the project’s intended outcomes; practices for data management and data project evaluation,’’ include an (3) The applicant and any key system integration policies, procedures, evaluation plan for the project partners have adequate resources to processes, and activities within the developed in consultation with and carry out the proposed activities; State; implemented by a third-party (4) The proposed costs are reasonable (4) Develop and adapt tools and evaluator.11 The evaluation plan must— in relation to the anticipated results and provide technical solutions to meet (1) Articulate formative and benefits, and how funds will be spent in State-specific data needs; and summative evaluation questions, a way that increases their efficiency and (5) Develop a sustainability plan for including important process and cost-effectiveness, including by the State to continue the data outcome evaluation questions. These reducing waste or achieving better management and data system questions should be related to the outcomes; and integration work in the future; project’s proposed logic model required (5) The applicant will ensure that it (C) Its proposed approach to measure in paragraph (b)(2)(ii) of these will recover the lesser of: (i) Its actual the readiness of SEAs and LAs to work requirements; indirect costs as determined by the with the project, including their (2) Describe how progress in and grantee’s negotiated indirect cost rate commitment to the initiative, alignment fidelity of implementation, as well as agreement with its cognizant Federal of the initiative to their needs, current project outcomes, will be measured to agency; and (ii) 40 percent of its infrastructure, available resources, and answer the evaluation questions. modified total direct cost (MTDC) base ability to build capacity at the State and Specify the measures and associated as defined in 2 CFR 200.68. local levels; instruments or sources for data Note: The MTDC is different from the (D) Its proposed plan to prioritize appropriate to the evaluation questions. total amount of the grant. Additionally, States with the greatest need for Include information regarding reliability the MTDC is not the same as calculating intensive TA to receive products and and validity of measures where a percentage of each or a specific services; appropriate; expenditure category. If the grantee is (E) Its proposed plan for assisting (3) Describe strategies for analyzing billing based on the MTDC base, the SEAs and LAs to build or enhance data and how data collected as part of grantee must make its MTDC training systems that include this plan will be used to inform and documentation available to the program professional development based on improve service delivery over the course office and the Department’s Indirect adult learning principles and coaching; of the project and to refine the proposed Cost Unit. If a grantee’s allocable (F) Its proposed plan for working with logic model and evaluation plan, indirect costs exceed 40 percent of its appropriate levels of the education including subsequent data collection; MTDC as defined in 2 CFR 200.68, the system (e.g., SEAs, regional TA (4) Provide a timeline for conducting grantee may not recoup the excess by providers, districts, local programs, the evaluation and include staff shifting the cost to other grants or families) to ensure that there is assignments for completing the plan. contracts with the U.S. Government, communication between each level and The timeline must indicate that the data unless specifically authorized by that there are systems in place to will be available annually for the legislation. The grantee must use non- support the collection, reporting, Annual Performance Report (APR); and Federal revenue sources to pay for such analysis, and use of high-quality IDEA (5) Dedicate sufficient funds in each unrecovered costs. fiscal data as well as fiscal data budget year to cover the costs of (e) Demonstrate, in the narrative management and data system developing or refining the evaluation section of the application under integration; and plan in consultation with a third-party ‘‘Quality of the management plan,’’ how— ongoing relationship between the TA center staff 11 A ‘‘third-party’’ evaluator is an independent and the TA recipient. ‘‘TA services’’ are defined as and impartial program evaluator who is contracted (1) The proposed management plan negotiated series of activities designed to reach a by the grantee to conduct an objective evaluation will ensure that the project’s intended valued outcome. This category of TA should result of the project. This evaluator must not have outcomes will be achieved on time and in changes to policy, program, practice, or participated in the development or implementation operations that support increased recipient capacity of any project activities, except for the evaluation within budget. To address this or improved outcomes at one or more systems activities, nor have any financial interest in the requirement, the applicant must levels. outcome of the evaluation. describe—

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(i) Clearly defined responsibilities for products and to maintain the continuity considered LEAs under State law; IHEs; key project personnel, consultants, and of services to States during the other public agencies; private nonprofit subcontractors, as applicable; and transition to this new award period and organizations; freely associated States (ii) Timelines and milestones for at the end of this award period, as and outlying areas; Indian Tribes or accomplishing the project tasks; appropriate; and Tribal organizations; and for-profit (2) Key project personnel and any (6) Budget at least 50 percent of the organizations. consultants and subcontractors will be grant award for providing intensive, 2. Cost Sharing or Matching: This allocated and how these allocations are sustained TA. program does not require cost sharing or appropriate and adequate to achieve the Program Authority: 20 U.S.C. 1411(c), matching. project’s intended outcomes; 1416(i), 1418(c), and 1442; the Department of 3. Subgrantees: A grantee under this (3) The proposed management plan Defense and Labor, Health and Human competition may not award subgrants to will ensure that the products and Services, and Education Appropriations Act, entities to directly carry out project services provided are of high quality, 2019, and Continuing Appropriations Act, activities described in its application. relevant, and useful to recipients; and 2019, Div. B, Title III of Public Law 115–245, Under 34 CFR 75.708(e), a grantee may (4) The proposed project will benefit 132 Stat. 3100 (2018); and Further contract for supplies, equipment, and Consolidated Appropriations Act, 2020, Div. from a diversity of perspectives, other services in accordance with 2 CFR including those of families, educators, A, Title III of Public Law 116–94, 133 Stat. 2590 (2019). part 200. TA providers, researchers, and policy 4. Other General Requirements: makers, among others, in its Applicable Regulations: (a) The (a) Recipients of funding under this development and operation. Education Department General competition must make positive efforts (f) Address the following application Administrative Regulations in 34 CFR to employ and advance in employment requirements. The applicant must— parts 75, 77, 79, 81, 82, 84, 86, 97, 98, qualified individuals with disabilities (1) Include, in Appendix A, and 99. (b) The OMB Guidelines to (see section 606 of IDEA). personnel-loading charts and timelines, Agencies on Governmentwide (b) Applicants for, and recipients of, as applicable, to illustrate the Debarment and Suspension funding must, with respect to the management plan described in the (Nonprocurement) in 2 CFR part 180, as aspects of their proposed project narrative; adopted and amended as regulations of relating to the absolute priority, involve (2) Include, in the budget, attendance the Department in 2 CFR part 3485. (c) individuals with disabilities, or parents at the following: The Uniform Administrative of individuals with disabilities ages (i) A one and one-half day kick-off Requirements, Cost Principles, and birth through 26, in planning, meeting in Washington, DC, after receipt Audit Requirements for Federal Awards implementing, and evaluating the of the award, and an annual planning in 2 CFR part 200, as adopted and project (see section 682(a)(1)(A) of meeting in Washington, DC, with the amended as regulations of the IDEA). OSEP project officer and other relevant Department in 2 CFR part 3474. (d) The staff during each subsequent year of the regulations for this program in 34 CFR IV. Application and Submission project period. 300.702. (e) The NFP. Information Note: Within 30 days of receipt of the Note: The regulations in 34 CFR part 1. Application Submission award, a post-award teleconference 79 apply to all applicants except Instructions: Applicants are required to must be held between the OSEP project federally recognized Indian Tribes. follow the Common Instructions for officer and the grantee’s project director Note: The regulations in 34 CFR part Applicants to Department of Education or other authorized representative; 86 apply to institutions of higher Discretionary Grant Programs, (ii) A two- and one-half-day project education (IHEs) only. directors’ conference in Washington, published in the Federal Register on DC, during each year of the project II. Award Information February 13, 2019 (84 FR 3768), and period; and Type of Award: Cooperative available at www.govinfo.gov/content/ (iii) Three annual two-day trips to agreement. pkg/FR-2019-02-13/pdf/2019-02206.pdf, attend Department briefings, Estimated Available Funds: which contain requirements and Department-sponsored conferences, and $3,975,000 in years 1 and 2, $4,425,000 information on how to submit an other meetings, as requested by OSEP; in years 3 and 4, and $4,200,000 in year application. Grants.gov has relaxed the (3) Include, in the budget, a line item 5. requirement for applicants to have an for an annual set-aside of 5 percent of Contingent upon the availability of active registration in the System for the grant amount to support emerging funds and the quality of applications, Award Management (SAM) in order to needs that are consistent with the we may make additional awards in FY apply for funding during the COVID–19 proposed project’s intended outcomes, 2021 from the list of unfunded pandemic. An applicant that does not as those needs are identified in applications from this competition. have an active SAM registration can still consultation with, and approved by, the Maximum Award: We will not make register with Grants.gov, but must OSEP project officer. With approval an award exceeding $3,975,000 in years contact the Grants.gov Support Desk, from the OSEP project officer, the 1 and 2, $4,425,000 in years 3 and 4, toll-free, at 1–800–518–4726, in order to project must reallocate any remaining and $4,200,000 in year 5 for a single take advantage of this flexibility. funds from this annual set-aside no later budget period of 12 months. 2. Intergovernmental Review: This than the end of the third quarter of each Estimated Number of Awards: 1. competition is subject to Executive budget period; Note: The Department is not bound by Order 12372 and the regulations in 34 (4) Maintain a high-quality website, any estimates in this notice. CFR part 79. Information about with an easy-to-navigate design, that Project Period: Up to 60 months. Intergovernmental Review of Federal meets government or industry- Programs under Executive Order 12372 recognized standards for accessibility; III. Eligibility Information is in the application package for this (5) Include, in Appendix A, an 1. Eligible Applicants: SEAs; LAs competition. assurance to assist OSEP with the under Part C of the IDEA; LEAs, 3. Funding Restrictions: We reference transfer of pertinent resources and including public charter schools that are regulations outlining funding

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restrictions in the Applicable project, the Secretary considers the (1) The Secretary considers the Regulations section of this notice. quality and sufficiency of strategies for adequacy of resources for the proposed 4. Recommended Page Limit: The ensuring equal access and treatment for project and the quality of the personnel application narrative (Part III of the eligible project participants who are who will carry out the proposed project. application) is where you, the applicant, members of groups that have (2) In determining the quality of address the selection criteria that traditionally been underrepresented project personnel, the Secretary reviewers use to evaluate your based on race, color, national origin, considers the extent to which the application. We recommend that you (1) gender, age, or disability. applicant encourages applications for limit the application narrative to no (3) In addition, the Secretary employment from persons who are more than 70 pages and (2) use the considers the following factors: members of groups that have following standards: (i) The extent to which the goals, traditionally been underrepresented • A ‘‘page’’ is 8.5″ x 11″, on one side objectives, and outcomes to be achieved based on race, color, national origin, only, with 1″ margins at the top, bottom, by the proposed project are clearly gender, age, or disability. and both sides. specified and measurable. (3) In addition, the Secretary • Double-space (no more than three (ii) The extent to which there is a considers the following factors: lines per vertical inch) all text in the conceptual framework underlying the (i) The qualifications, including application narrative, including titles, proposed research or demonstration relevant training and experience, of the headings, footnotes, quotations, activities and the quality of that project director or principal reference citations, and captions, as well framework. investigator. as all text in charts, tables, figures, (iii) The extent to which the services (ii) The qualifications, including graphs, and screen shots. to be provided by the proposed project relevant training and experience, of key • Use a font that is 12 point or larger. reflect up-to-date knowledge from project personnel. • Use one of the following fonts: research and effective practice. (iii) The qualifications, including Times New Roman, Courier, Courier (iv) The extent to which the training relevant training and experience, of New, or Arial. or professional development services to project consultants or subcontractors. The recommended page limit does not be provided by the proposed project are (iv) The qualifications, including apply to Part I, the cover sheet; Part II, of sufficient quality, intensity, and relevant training, experience, and the budget section, including the duration to lead to improvements in independence, of the evaluator. narrative budget justification; Part IV, practice among the recipients of those (v) The adequacy of support, the assurances and certifications; or the services. including facilities, equipment, abstract (follow the guidance provided (v) The extent to which the TA supplies, and other resources, from the in the application package for services to be provided by the proposed applicant organization or the lead completing the abstract), the table of project involve the use of efficient applicant organization. contents, the list of priority strategies, including the use of (vi) The relevance and demonstrated requirements, the resumes, the reference technology, as appropriate, and the commitment of each partner in the list, the letters of support, or the leveraging of non-project resources. proposed project to the implementation appendices. However, the (vi) The adequacy of mechanisms for and success of the project. recommended page limit does apply to ensuring high-quality products and (vii) The extent to which the budget all of the application narrative, services from the proposed project. is adequate to support the proposed including all text in charts, tables, (c) Quality of the project evaluation project. figures, graphs, and screen shots. (15 points). (viii) The extent to which the costs are (1) The Secretary considers the reasonable in relation to the objectives, V. Application Review Information quality of the evaluation to be design, and potential significance of the 1. Selection Criteria: The selection conducted of the proposed project. proposed project. criteria for this competition are from 34 (2) In determining the quality of the (e) Quality of the management plan CFR 75.210 and are as follows: evaluation, the Secretary considers the (25 points). (a) Significance (10 points). following factors: (1) The Secretary considers the (1) The Secretary considers the (i) The extent to which the methods quality of the management plan for the significance of the proposed project. of evaluation are thorough, feasible, and proposed project. (2) In determining the significance of appropriate to the goals, objectives, and (2) In determining the quality of the the proposed project, the Secretary outcomes of the proposed project. management plan for the proposed considers the following factors: (ii) The extent to which the methods project, the Secretary considers the (i) The extent to which specific gaps of evaluation provide for examining the following factors: or weaknesses in services, effectiveness of project implementation (i) The adequacy of the management infrastructure, or opportunities have strategies. plan to achieve the objectives of the been identified and will be addressed by (iii) The extent to which the methods proposed project on time and within the proposed project, including the of evaluation will provide performance budget, including clearly defined nature and magnitude of those gaps or feedback and permit periodic responsibilities, timelines, and weaknesses. assessment of progress toward achieving milestones for accomplishing project (ii) The importance or magnitude of intended outcomes. tasks. the results or outcomes likely to be (iv) The extent to which the methods (ii) The extent to which the time attained by the proposed project. of evaluation include the use of commitments of the project director and (b) Quality of project services (35 objective performance measures that are principal investigator and other key points). clearly related to the intended outcomes project personnel are appropriate and (1) The Secretary considers the of the project and will produce adequate to meet the objectives of the quality of the services to be provided by quantitative and qualitative data to the proposed project. the proposed project. extent possible. (iii) The adequacy of mechanisms for (2) In determining the quality of the (d) Adequacy of resources and quality ensuring high-quality products and services to be provided by the proposed of project personnel (15 points). services from the proposed project.

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

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products and services deemed by an listed under FOR FURTHER INFORMATION Materials Supply Chain Workshop independent review panel of qualified CONTACT. planned for the fall of 2020 to determine experts or members of the target Electronic Access to This Document: opportunities, gaps, and bottlenecks in audiences to be of high relevance to The official version of this document is the battery cathode materials supply educational and early intervention the document published in the Federal and the value chain. policy or practice. Register. You may access the official DATES: Responses to the RFI must be • Program Performance Measure 3: edition of the Federal Register and the received by July 16, 2020. The percentage of all TA and Code of Federal Regulations at ADDRESSES: Interested parties are to dissemination products and services www.govinfo.gov. At this site you can submit comments electronically to deemed by an independent review view this document, as well as all other [email protected]. panel of qualified experts or members of documents of this Department Include Battery Critical Materials target audiences to be useful in published in the Federal Register, in Supply Chain R&D in the subject of the improving educational or early text or Portable Document Format title. Only electronic responses will be intervention policy or practice. (PDF). To use PDF you must have • accepted. The complete RFI document Program Performance Measure 4: Adobe Acrobat Reader, which is is located at https://eere- The cost efficiency of the Technical available free at the site. exchange.energy.gov/. Assistance on State Data Collection You may also access documents of the FOR FURTHER INFORMATION CONTACT: Department published in the Federal Program includes the percentage of Question may be addressed to Helena Register by using the article search milestones achieved in the current Khazdozian at 202–586–9236 or feature at www.federalregister.gov. annual performance report period and [email protected]. Specifically, through the advanced the percentage of funds spent during the Further instruction can be found in the current fiscal year. search feature at this site, you can limit RFI document posted on EERE The measures apply to projects your search to documents published by Exchange. funded under this competition, and the Department. grantees are required to submit data on SUPPLEMENTARY INFORMATION: The Mark Schultz, these measures as directed by OSEP. purpose of this RFI is to solicit feedback Grantees will be required to report Commissioner, Rehabilitation Services from industry, academia, research information on their project’s Administration, Delegated the authority to laboratories, government agencies, and perform the functions and duties of the performance in annual and final other stakeholders on issues related to Assistant Secretary for the Office of Special challenges and opportunities in the performance reports to the Department Education and Rehabilitative Services. upstream and midstream critical (34 CFR 75.590). [FR Doc. 2020–11504 Filed 6–15–20; 8:45 am] The Department will also closely materials battery supply chains. EERE is monitor the extent to which the BILLING CODE 4000–01–P specifically interested in information on products and services provided by the raw minerals production and refining Center meet needs identified by and processing of cathode materials stakeholders and may require the Center DEPARTMENT OF ENERGY including cobalt, lithium, and battery grade (Class I) nickel.1 Informed by to report on such alignment in their Notice of Request for Information (RFI) previous roundtable discussions, EERE annual and final performance reports. on Battery Critical Materials Supply plans to organize an R&D Battery 6. Continuation Awards: In making a Chain R&D continuation award under 34 CFR Critical Materials Supply Chain 75.253, the Secretary considers, among AGENCY: Advanced Manufacturing Workshop in the fall of 2020 to other things: Whether a grantee has Office (AMO), Office of Energy determine opportunities, gaps, and made substantial progress in achieving Efficiency and Renewable Energy, bottlenecks in the battery cathode the goals and objectives of the project; Department of Energy (DOE). materials supply and the value chain. whether the grantee has expended funds ACTION: Request for information (RFI). This workshop will be guided by the in a manner that is consistent with its goal to create a diverse, domestic battery approved application and budget; and, SUMMARY: The U.S. Department of supply chain in the next 5 years. EERE if the Secretary has established Energy (DOE) invites public comment is specifically seeking input on the performance measurement on its Request for Information (RFI) current state of the battery cathode requirements, the performance targets in number DE–FOA–0002358 regarding the materials supply chains and gaps and the grantee’s approved application. BATTERY CRITICAL MATERIALS opportunities for near-term and long- In making a continuation award, the SUPPLY CHAIN R&D. This RFI pertains term R&D. Such input will inform the Secretary also considers whether the to a Research & Development (R&D) agenda of the workshop planned for grantee is operating in compliance with Battery Critical Materials Supply Chain next fall as well as to inform the the assurances in its approved Workshop planned to be hosted by the development of the R&D roadmap as application, including those applicable Office of Energy Efficiency & Renewable part of implementation of the Federal to Federal civil rights laws that prohibit Energy (EERE), Advanced Strategy. Specific questions can be discrimination in programs or activities Manufacturing Office (AMO), found in the RFI. The RFI is available receiving Federal financial assistance Geothermal Technologies Office (GTO) at: https://eere-exchange.energy.gov/. and Vehicle Technologies Office (VTO). from the Department (34 CFR 100.4, Confidential Business Information 104.5, 106.4, 108.8, and 110.23). The purpose of this RFI is to solicit feedback from industry, academia, Pursuant to 10 CFR 1004.11, any VII. Other Information research laboratories, government person submitting information that he Accessible Format: Individuals with agencies, and other stakeholders on or she believes to be confidential and disabilities can obtain this document issues related to challenges and and a copy of the application package in opportunities in the upstream and 1 Nickel is not a critical mineral commodity on the list published by the Secretary of Interior. an accessible format (e.g., braille, large midstream critical materials battery https://www.federalregister.gov/documents/2018/ print, audiotape, or compact disc) on supply chains. Such input will inform 05/18/2018-10667/final-list-of-critical-minerals- request to the program contact person the agenda of the R&D Battery Critical 2018.

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exempt by law from public disclosure NCC-Events.html. The email address contact Thomas Sarkus, (412) 386–5981 should submit via email, postal mail, or you provide in the on-line registration or [email protected] to state hand delivery two well-marked copies: form will be used to forward your desire to speak. You must make One copy of the document marked instructions on how to join the meeting your request for an oral statement at ‘‘confidential’’ including all the using WebEx. WebEx requires a least 3 calendar days before the meeting. information believed to be confidential, computer, web browser and an installed Reasonable provision will be made to and one copy of the document marked application (free). Instructions for include oral statements at the ‘‘non-confidential’’ with the information joining the webcast will be sent to you conclusion of the meeting. However, believed to be confidential deleted. two days in advance of the meeting. those who fail to register in advance Submit these documents via email or on FOR FURTHER INFORMATION CONTACT: may not be accommodated. Oral a CD, if feasible. DOE will make its own Thomas Sarkus, U.S. Department of statements are limited to 2-minutes per determination about the confidential Energy, National Energy Technology organization, and per person. status of the information and treat it Laboratory, Mail Stop 920–125, P.O. Minutes: A recording of the call will according to its determination. Box 10940, Pittsburgh, PA 15236–0940; be posted on the FACA Database Signing Authority Telephone (412) 386–5981; email: website: www.nationalcoalcouncil.org. [email protected]. This document of the Department of Signed in Washington, DC, on June 10, 2020. Energy was signed on June 1, 2020, by SUPPLEMENTARY INFORMATION: Valri Lightner, Acting Director, Purpose of the Council: The National LaTanya Butler, Advanced Manufacturing Office, Office Coal Council provides advice and Deputy Committee Management Officer. of Energy Efficiency and Renewable recommendations to the Secretary of [FR Doc. 2020–12877 Filed 6–15–20; 8:45 am] Energy, pursuant to delegated authority Energy on general policy matters BILLING CODE 6450–01–P from the Secretary of Energy. That relating to coal and the coal industry. document with the original signature Purpose of Meeting: The National and date is maintained by DOE. For Coal Council (the Council) will hold a DEPARTMENT OF ENERGY administrative purposes only, and in virtual meeting via webcast at 12:00 Federal Energy Regulatory compliance with requirements of the noon to 1:00 p.m. (EST) on July 16, 2020 Commission Office of the Federal Register, the for the purpose of reviewing and voting undersigned DOE Federal Register on the following report: COAL POWER: [Project No. 15010–000] Liaison Officer has been authorized to Smart Policies for Cleaner Stronger sign and submit the document in Energy. The Council membership will Renewable Energy Aggregators; electronic format for publication, as an be asked to accept this report and Notice of Preliminary Permit official document of the Department of forward it to the U.S. Secretary of Application Accepted for Filing and Energy. This administrative process in Energy. The draft report is available on Soliciting Comments, Motions To no way alters the legal effect of this the National Coal Council website at the Intervene, and Competing Applications document upon publication in the following URL: https:// On October 11, 2019, Renewable Federal Register. www.nationalcoalcouncil.org/studies/ 2020/COAL-POWER-Cleaner-Stronger- Energy Aggregators, Inc. filed an Signed in Washington, DC, on June 11, Energy.pdf. application for a preliminary permit, 2020. pursuant to section 4(f) of the Federal Treena V. Garrett, Tentative Agenda Power Act (FPA), proposing to study the Federal Register Liaison Officer, U.S. 1. Call to order and opening remarks feasibility of the Casa Grande Pumped Department of Energy. by Thomas Sarkus, NCC Deputy Storage Project (Casa Grande Project or [FR Doc. 2020–12918 Filed 6–15–20; 8:45 am] Designated Federal Officer, U.S. project) to be located in the city of Casa BILLING CODE 6450–01–P Department of Energy. Grande, in Pinal County, Arizona. The 2. Presentation, Q&A session, and sole purpose of a preliminary permit, if vote on NCC report: COAL POWER: issued, is to grant the permit holder DEPARTMENT OF ENERGY Smart Policies for Cleaner Stronger priority to file a license application during the permit term. A preliminary National Coal Council Energy. 3. Public Comment Period and permit does not authorize the permit AGENCY: Office of Fossil Energy, Closing Remarks. holder to perform any land-disturbing Department of Energy. 4. Adjourn. activities or otherwise enter upon lands ACTION: Notice of open meeting. All attendees are requested to register or waters owned by others without the in advance for the meeting at: http:// owners’ express permission. SUMMARY: This notice announces a www.nationalcoalcouncil.org/page- The proposed project would consist of virtual meeting of the National Coal NCC-Events.html. the following: (1) A newly constructed Council (NCC) via WebEx. The Federal Public Participation: The meeting is upper reservoir with an earthen dam Advisory Committee Act requires that open to the public. If you would like to and a surface area of 300 acres with a public notice of this meeting be file a written statement to be read storage capacity of 7,500 acre-feet of announced in the Federal Register. during the virtual webcast, you may do water; (2) a newly constructed roller DATES: Thursday, July 16, 2020; 12:00 so within three calendar days of the compacted concrete lower reservoir of noon to 1:00 p.m. (EST). event. Please email your written 485 acres with a storage capacity of ADDRESSES: This will be virtual meeting statement to Thomas Sarkus at approximately 9,500 acre-feet; (3) two conducted through WebEx. If you wish [email protected] by 5:00 3,241-foot-long, 19-foot-diameter to join the meeting you must register by p.m. (EST) on Monday, July 13, 2020. If penstocks; (4) a powerhouse with close of business (5 p.m. EST) on you would like to make an oral dimensions of 750 feet long by 175 feet Friday, July 10th by using the form statement during the call regarding the high by 70 feet wide containing as many available at the following URL: http:// reports being reviewed, you must both as four ternary style pump/generating www.nationalcoalcouncil.org/page- register to attend the webcast and also units; (5) two 3,000-foot-long, 21-foot-

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diameter tailrace tunnels; and (6) a DEPARTMENT OF ENERGY Title: FERC–583, Annual Kilowatt connection to an existing 137 kV Generating Report (Annual Charges). Federal Energy Regulatory transmission circuit within the project OMB Control No.: 1902–0136. boundary. The estimated annual Commission generation of the Casa Grande Project Type of Request: Three-year extension would be 864,000 megawatt-hours. [Docket No. IC20–21–000] of the FERC–583 information collection Applicant Contact: Mr. Adam requirements, with the addition of two Rousselle, Renewable Energy Commission Information Collection activities that are in use without a Aggregators, 2113 Middle Street, Suite Activities (FERC–583); Comment control number: (1) Application of a 201, Sullivan’s Island, South Carolina Request; Extension State or municipal licensee or exemptee 29482; phone: (267) 254–6107. AGENCY: Federal Energy Regulatory for total or partial exemption from the FERC Contact: Rebecca Kipp; phone: Commission, Department of Energy. assessment of annual charges; and (2) (202) 502–8846. ACTION: Notice of information collection Appeals and requests for rehearing of Deadline for filing comments, motions billing for annual charges. to intervene, competing applications and request for comments. Abstract: Section 10(e) of the Federal (without notices of intent), or notices of SUMMARY: In compliance with the intent to file competing applications: 60 Power Act (FPA) 1 requires the Federal requirements of the Paperwork Energy Commission (FERC or days from the issuance of this notice. Reduction Act of 1995, the Federal Commission) to collect annual charges Competing applications and notices of Energy Regulatory Commission from entities that generate electricity, intent must meet the requirements of 18 (Commission or FERC) is soliciting CFR 4.36. public comment on the currently using hydropower, in accordance with The Commission strongly encourages approved information collection, FERC– Commission authorization. Such electronic filing. Please file comments, 583, Annual Kilowatt Generating Report charges reimburse the federal motions to intervene, notices of intent, (Annual Charges). government for the cost of administering and competing applications using the Part I of the FPA,2 the use of tribal Commission’s eFiling system at http:// DATES: Comments on the collection of information are due August 17, 2020. lands, the use of federal lands, and the www.ferc.gov/docs-filing/efiling.asp. use of federal dams. Commenters can submit brief comments ADDRESSES: You may submit comments up to 6,000 characters, without prior (identified by Docket No. IC20–21–000) Regulations at 18 CFR 11.1(c)(5) and registration, using the eComment system by either of the following methods: 11.1(d)(4) require annual kilowatt at http://www.ferc.gov/docs-filing/ • eFiling at Commission’s Website: generating reports from licensees and ecomment.asp. You must include your http://www.ferc.gov/docs-filing/ exemptees. The Commission’s Financial name and contact information at the end efiling.asp. Services Division uses the reports to of your comments. For assistance, • Mail/Hand Delivery/Courier: determine the amount of annual charges please contact FERC Online Support at Federal Energy Regulatory Commission, to be assessed each licensee and [email protected], (866) Secretary of the Commission, at Health exemptee. 208–3676 (toll free), or (202) 502–8659 and Human Services, 12225 Wilkins Types of Respondent: (1) Hydropower (TTY). In lieu of electronic filing, please Avenue, Rockville, Maryland 20852. licensees of projects more than 1.5 send a paper copy to: Secretary, Federal Instructions: All submissions must be megawatts of installed capacity; (2) Energy Regulatory Commission, 888 formatted and filed in accordance with Holders of exemptions under section 30 First Street NE, Washington, DC 20426. submission guidelines at: http:// of the FPA; 3 and (3) exemptees under The first page of any filing should www.ferc.gov/help/submission- include docket number P–15010–000. sections 405 and 408 of the Public guide.asp. For user assistance, contact 4 More information about this project, FERC Online Support by email at Utility Regulatory Policy Act. including a copy of the application, can [email protected], or by phone Estimate of Annual Burden: 5 The be viewed or printed on the ‘‘eLibrary’’ at: (866) 208–3676 (toll-free). following table shows the estimated link of Commission’s website at http:// Docket: Users interested in receiving annual burdens: www.ferc.gov/docs-filing/elibrary.asp. automatic notification of activity in this Enter the docket number (P–15010) in docket or in viewing/downloading the docket number field to access the comments and issuances in this docket 1 16 U.S.C. 803(e). document. For assistance, contact FERC may do so at http://www.ferc.gov/docs- 2 16 U.S.C. 791 through 823d. Online Support. filing/docs-filing.asp. 3 16 U.S.C. 823a. 4 16 U.S.C. 2705. Dated: June 10, 2020. FOR FURTHER INFORMATION CONTACT: 5 ‘‘Burden’’ is the total time, effort, or financial Nathaniel J. Davis, Sr., Ellen Brown may be reached by email resources expended by persons to generate, Deputy Secretary. at [email protected] and maintain, retain, or disclose or provide information [FR Doc. 2020–12927 Filed 6–15–20; 8:45 am] telephone at (202) 502–8663. to or for a Federal agency. For further explanation BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: of what is included in the information collection burden, refer to 5 CFR 1320.3.

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FERC–583—ESTIMATED ANNUAL BURDENS

Annual Total annual number of Total number Average burden hours Cost per Type of response Number of responses of responses hours & & total respondent respondents × cost 6 per ÷ per (Col. B Col. C) response annual cost (Col. F Col. B) respondent (Col. D × Col. E)

A B C D E F G

Annual kilowatt generating report 18 520 1 520 2 hrs.; $166 ...... 1,040 hrs.; $86,320 .... $166 CFR 11.1(c)(5) and 11.1(d)(4). Application of a State or municipal li- 48 1 48 2 hrs.; $166 ...... 96 hrs.; $7,968 ...... 166 censee or exemptee for total or partial exemption from the assessment of an- nual charges 18 CFR 11.6. Appeals and requests for rehearing of 3 1 3 40 hrs.; $3,320 ...... 120 hrs.; $9,960 ...... 3,320 billing for annual charges 18 CFR 11.20.

Totals ...... 571 ...... 571 ...... 1,256 hrs.; $104,248.

Comments: Comments are invited on: Dated: June 10, 2020. PLACE: Open to the public via audio (1) Whether the collection of Kimberly D. Bose, Webcast only.1 information is necessary for the proper Secretary. STATUS: OPEN. performance of the functions of the [FR Doc. 2020–12939 Filed 6–15–20; 8:45 am] MATTERS TO BE CONSIDERED: Agenda. Commission, including whether the BILLING CODE 6717–01–P * NOTE—Items listed on the agenda information will have practical utility; may be deleted without further notice. (2) the accuracy of the agency’s estimate CONTACT PERSON FOR MORE INFORMATION: DEPARTMENT OF ENERGY of the burden and cost of the collection Kimberly D. Bose, Secretary, Telephone of information, including the validity of Federal Energy Regulatory (202) 502–8400. the methodology and assumptions used; Commission For a recorded message listing items (3) ways to enhance the quality, utility struck from or added to the meeting, call and clarity of the information collection; Sunshine Act Meeting Notice (202) 502–8627. and (4) ways to minimize the burden of This is a list of matters to be the collection of information on those The following notice of meeting is considered by the Commission. It does who are to respond, including the use published pursuant to section 3(a) of the not include a listing of all documents of automated collection techniques or government in the Sunshine Act (Pub. relevant to the items on the agenda. All other forms of information technology. L. 94–409), 5 U.S.C. 552b: public documents, however, may be viewed on line at the Commission’s AGENCY HOLDING MEETING: Federal website at http:// Energy Regulatory Commission. ferc.capitolconnection.org/ using the TIME AND DATE: June 18, 2020, 10:00 a.m. eLibrary link.

1068TH MEETING—OPEN MEETING [June 18, 2020, 10:00 a.m.]

Item No. Docket No. Company

ADMINISTRATIVE

A–1 ...... AD20–1–000 ...... Agency Administrative Matters. A–2 ...... AD20–2–000 ...... Customer Matters, Reliability, Security and Market Operations.

ELECTRIC

E–1 ...... EL19–90–000 ...... ISO New England Inc. E–2 ...... EL19–91–000 ...... PJM Interconnection, L.L.C. E–3 ...... EL19–92–000 ...... Southwest Power Pool, Inc. E–4 ...... RM01–8–000 ...... Filing Requirements for Electric Utility Service Agreements. RM10–12–000 ...... Electricity Market Transparency Provisions of Section 220 of the Federal Power Act. RM12–3–000 ...... Revisions to Electric Quarterly Report Filing Process. ER02–2001–000 ...... Electric Quarterly Reports. E–5 ...... RM20–12–000 ...... Potential Enhancements to the Critical Infrastructure Protection Reliability Standards. E–6 ...... OMITTED. E–7 ...... OMITTED. E–8 ...... ER19–1428–003 ...... ISO New England Inc. E–9 ...... OMITTED. E–10 ...... OMITTED.

6 The Commission staff thinks that the average Based upon FERC’s 2020 annual average full-time 1 Join FERC online to listen live at http:// respondent for this collection is similarly situated equivalent of $172,329 per year (for salary plus ferc.capitolconnection.org/. to the Commission, in terms of salary plus benefits. benefits), the average hourly cost is $83.00 per hour.

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1068TH MEETING—OPEN MEETING—Continued [June 18, 2020, 10:00 a.m.]

Item No. Docket No. Company

E–11 ...... ER11–3658–001, ER12–1920–001, Entergy Services, Inc. ER13–1595–001, ER14–2085–001. E–12 ...... ER18–899–002 ...... Commonwealth Edison Company. ER18–903–002 ...... Delmarva Power & Light Company. ER18–904–002 ...... Atlantic City Electric Company. ER18–905–002 ...... Potomac Electric Power Company; PJM Interconnection, L.L.C. E–13 ...... ER19–1823–002, ER19–1960–001, Midcontinent Independent System Operator, Inc. ER19–1960–002. E–14 ...... ER19–1943–002 ...... NorthWestern Corporation. E–15 ...... ER20–1313–000, ER19–1357–000 ...... GridLiance High Plains LLC. ER18–2358–001 (consolidated) ...... Southwest Power Pool, Inc. E–16 ...... ER19–1954–001 ...... Southwest Power Pool, Inc. E–17 ...... ER19–2347–001 ...... California Independent System Operator Corporation. E–18 ...... OMITTED. E–19 ...... EL20–10–000 ...... Anbaric Development Partners, LLC v. PJM Interconnection, L.L.C. E–20 ...... EL19–82–001 ...... Harbor Cogeneration Company, LLC v. Southern California Edison Company. E–21 ...... EL19–78–000 ...... National Railroad Passenger Corporation v. PPL Electric Utilities Corporation and PJM Interconnection, L.L.C. E–22 ...... EL20–29–000 ...... LS Power Grid California, LLC. E–23 ...... OMITTED. E–24 ...... OMITTED. E–25 ...... OMITTED. E–26 ...... ER19–1931–001 ...... Electric Energy, Inc. E–27 ...... ER19–1934–003 ...... Tucson Electric Power Company. E–28 ...... ER19–1935–002 ...... UNS Electric, Inc.

GAS

G–1 ...... RM20–14–000 ...... Five-Year Review of the Oil Pipeline Index. G–2 ...... AC19–95–000 ...... Alliance Pipeline L.P. G–3 ...... RP20–521–000 ...... Betelgeuse Energy, LLC v. El Paso Natural Gas Company, L.L.C. G–4 ...... RP19–1523–003, RP19–1523–000, Panhandle Eastern Pipe Line Company, LP. RP19–78–005, RP19–78–001, RP19– 78–000. RP19–257–007, RP19–257–005 ...... Southwest Gas Storage Company.

HYDRO

H–1 ...... P–2467–020, P–2179–043 ...... Merced Irrigation District. H–2 ...... P–2088–068 ...... South Feather Water and Power Agency. H–3 ...... P–1971–129 ...... Idaho Power Company.

CERTIFICATES

C–1 ...... CP19–512–000 ...... Texas Eastern Transmission, LP. C–2 ...... CP19–517–000 ...... Gulf South Pipeline Company, LLC. C–3 ...... CP19–78–001 ...... PennEast Pipeline Company, LLC. C–4 ...... CP20–466–000 ...... New Fortress Energy LLC. C–5 ...... CP19–19–000 ...... Magnolia LNG LLC. C–6 ...... CP19–14–000 ...... Mountain Valley Pipeline, LLC. C–7 ...... CP20–8–000 ...... ANR Pipeline Company. C–8 ...... OMITTED. C–9 ...... CP20–16–000 ...... Portland Natural Gas Transmission System.

Issued: June 11, 2020. this event can do so by navigating to to this event via phone bridge for a fee. Kimberly D. Bose, www.ferc.gov’s Calendar of Events and If you have any questions, visit http:// Secretary. locating this event in the Calendar. The ferc.capitolconnection.org/ or contact The public is invited to listen to the event will contain a link to its audio Shirley Al-Jarani at 703–993–3104. meeting live at http:// webcast. The Capitol Connection [FR Doc. 2020–13038 Filed 6–12–20; 4:15 pm] ferc.capitolconnection.org/. Anyone provides technical support for this free BILLING CODE 6717–01–P with internet access who desires to hear audio webcast. It will also offer access

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DEPARTMENT OF ENERGY last three digits in the docket number eRegistration link. Select the eFiling field to access the document. At this link to log on and submit the Federal Energy Regulatory time, the Commission has suspended intervention or protests. Commission access to the Commission’s Public Persons unable to file electronically [Docket No. ER20–2016–000] Reference Room, due to the may mail similar pleadings to the proclamation declaring a National Federal Energy Regulatory Commission, Gichi Noodin Wind Farm, LLC; Emergency concerning the Novel 888 First Street NE, Washington, DC Supplemental Notice That Initial Coronavirus Disease (COVID–19), issued 20426. Hand delivered submissions in Market-Based Rate Filing Includes by the President on March 13, 2020. For docketed proceedings should be Request for Blanket Section 204 assistance, contact the Federal Energy delivered to Health and Human Authorization Regulatory Commission at Services, 12225 Wilkins Avenue, [email protected] or call Rockville, Maryland 20852. This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) In addition to publishing the full text above-referenced Gichi Noodin Wind 502–8659. of this document in the Federal Farm, LLC’s application for market- Register, the Commission provides all Dated: June 10, 2020. based rate authority, with an interested persons an opportunity to accompanying rate tariff, noting that Nathaniel J. Davis, Sr., view and/or print the contents of this such application includes a request for Deputy Secretary. document via the internet through the blanket authorization, under 18 CFR [FR Doc. 2020–12925 Filed 6–15–20; 8:45 am] Commission’s Home Page (http:// part 34, of future issuances of securities BILLING CODE 6717–01–P ferc.gov) using the ‘‘eLibrary’’ link. and assumptions of liability. Enter the docket number excluding the Any person desiring to intervene or to last three digits in the docket number protest should file with the Federal DEPARTMENT OF ENERGY field to access the document. At this Energy Regulatory Commission, 888 time, the Commission has suspended First Street NE, Washington, DC 20426, Federal Energy Regulatory Commission access to the Commission’s Public in accordance with Rules 211 and 214 Reference Room, due to the of the Commission’s Rules of Practice [Docket No. ER20–1987–000] proclamation declaring a National and Procedure (18 CFR 385.211 and Emergency concerning the Novel 385.214). Anyone filing a motion to Cerro Gordo Wind, LLC; Supplemental Coronavirus Disease (COVID–19), issued intervene or protest must serve a copy Notice That Initial Market-Based Rate by the President on March 13, 2020. For of that document on the Applicant. Filing Includes Request for Blanket assistance, contact the Federal Energy Notice is hereby given that the Section 204 Authorization Regulatory Commission at deadline for filing protests with regard [email protected] or call to the applicant’s request for blanket This is a supplemental notice in the above-referenced proceeding of Cerro toll-free, (886) 208–3676 or TTY, (202) authorization, under 18 CFR part 34, of 502–8659. future issuances of securities and Gordo Wind, LLC’s application for assumptions of liability, is June 30, market-based rate authority, with an Dated: June 10, 2020. 2020. accompanying rate tariff, noting that Nathaniel J. Davis, Sr., The Commission encourages such application includes a request for Deputy Secretary. electronic submission of protests and blanket authorization, under 18 CFR [FR Doc. 2020–12926 Filed 6–15–20; 8:45 am] interventions in lieu of paper, using the part 34, of future issuances of securities BILLING CODE 6717–01–P FERC Online links at http:// and assumptions of liability. www.ferc.gov. To facilitate electronic Any person desiring to intervene or to service, persons with internet access protest should file with the Federal DEPARTMENT OF ENERGY who will eFile a document and/or be Energy Regulatory Commission, 888 listed as a contact for an intervenor First Street NE, Washington, DC 20426, Federal Energy Regulatory must create and validate an in accordance with Rules 211 and 214 Commission eRegistration account using the of the Commission’s Rules of Practice eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and Combined Notice of Filings link to log on and submit the 385.214). Anyone filing a motion to Take notice that the Commission has intervention or protests. intervene or protest must serve a copy received the following Natural Gas Persons unable to file electronically of that document on the Applicant. Pipeline Rate and Refund Report filings: Notice is hereby given that the may mail similar pleadings to the Docket Numbers: RP20–911–001. Federal Energy Regulatory Commission, deadline for filing protests with regard Applicants: Rockies Express Pipeline 888 First Street NE, Washington, DC to the applicant’s request for blanket LLC. 20426. Hand delivered submissions in authorization, under 18 CFR part 34, of Description: Tariff Amendment: REX docketed proceedings should be future issuances of securities and 2020–06–03 RP20–911 Amendment to delivered to Health and Human assumptions of liability, is June 30, be effective 6/1/2020. Services, 12225 Wilkins Avenue, 2020. Filed Date: 6/3/20. Rockville, Maryland 20852. The Commission encourages Accession Number: 20200603–5134. In addition to publishing the full text electronic submission of protests and Comments Due: 5 p.m. ET 6/15/20. of this document in the Federal interventions in lieu of paper, using the Docket Numbers: RP20–949–000. Register, the Commission provides all FERC Online links at http:// Applicants: Big Sandy Pipeline, LLC. interested persons an opportunity to www.ferc.gov. To facilitate electronic Description: § 4(d) Rate Filing: FTS view and/or print the contents of this service, persons with internet access FOSA Modification—June 2020 to be document via the internet through the who will eFile a document and/or be effective 8/1/2020. Commission’s Home Page (http:// listed as a contact for an intervenor Filed Date: 6/9/20. ferc.gov) using the ‘‘eLibrary’’ link. must create and validate an Accession Number: 20200609–5031. Enter the docket number excluding the eRegistration account using the Comments Due: 5 p.m. ET 6/22/20.

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Docket Numbers: RP20–950–000. the Commission’s Rules of Practice and Docket Numbers: EC20–72–000. Applicants: Texas Eastern Procedure (18 CFR 385.211, 385.214). Applicants: Exelon Generation Transmission, LP. Protests will be considered by the Company, LLC, Calvert Cliffs Nuclear Description: § 4(d) Rate Filing: June Commission in determining the Power Plant, LLC, Nine Mile Point 2020 NRA Cleanup Filing to be effective appropriate action to be taken but will Nuclear Station, LLC, R.E. Ginna 7/9/2020. not serve to make protestants parties to Nuclear Power Plant, LLC. Filed Date: 6/9/20. the proceeding. Any person wishing to Description: Application for Accession Number: 20200609–5066. become a party must file a notice of Authorization Under Section 203 of the Comments Due: 5 p.m. ET 6/22/20. intervention or motion to intervene, as Federal Power Act, et al. of Exelon Docket Numbers: RP20–951–000. appropriate. Such notices, motions, or Generation Company, LLC, et al. Applicants: Texas Eastern protests must be filed on or before the Filed Date: 6/5/20. Transmission, LP. comment date. Anyone filing a motion Accession Number: 20200605–5262. Description: § 4(d) Rate Filing: TETLP to intervene, or protest must serve a Comments Due: 5 p.m. ET 6/26/20. NRA Name Change Cleanup—Colonial copy of that document on the Petitioner. Docket Numbers: EC20–73–000. to Boston eff 7–9–20 to be effective 7/ The Commission encourages Applicants: Portland General Electric 9/2020. electronic submission of protests and Company, Wheatridge Wind Energy, Filed Date: 6/9/20. interventions in lieu of paper using the LLC. Accession Number: 20200609–5134. ‘‘eFiling’’ link at http://www.ferc.gov. Description: Joint Application for Comments Due: 5 p.m. ET 6/22/20. Persons unable to file electronically may Authorization Under Section 203 of the The filings are accessible in the mail similar pleadings to the Federal Federal Power Act, et al. of Portland Commission’s eLibrary system by Energy Regulatory Commission, 888 General Electric Company, et al. clicking on the links or querying the First Street NE, Washington, DC 20426. Filed Date: 6/8/20. docket number. Hand delivered submissions in Accession Number: 20200608–5215. Any person desiring to intervene or docketed proceedings should be Comments Due: 5 p.m. ET 7/23/20. protest in any of the above proceedings delivered to Health and Human Take notice that the Commission must file in accordance with Rules 211 Services, 12225 Wilkins Avenue, received the following electric rate and 214 of the Commission’s Rockville, Maryland 20852. filings: In addition to publishing the full text Regulations (18 CFR 385.211 and Docket Numbers: ER20–1061–002. 385.214) on or before 5:00 p.m. Eastern of this document in the Federal Register, the Commission provides all Applicants: Turquoise Nevada LLC. time on the specified date(s). Protests Description: Tariff Amendment: may be considered, but intervention is interested persons an opportunity to view and/or print the contents of this Second Amended and Restated Co- necessary to become a party to the Tenancy and Shared Facilities proceeding. document via the internet through the Commission’s Home Page (http:// Agreement to be effective 2/22/2020. eFiling is encouraged. More detailed Filed Date: 6/10/20. information relating to filing ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the Accession Number: 20200610–5122. requirements, interventions, protests, Comments Due: 5 p.m. ET 7/1/20. service, and qualifying facilities filings last three digits in the docket number Docket Numbers: ER20–1648–001. can be found at: http://www.ferc.gov/ field to access the document. At this Applicants: Inter-Power/AhlCon docs-filing/efiling/filing-req.pdf. For time, the Commission has suspended Partners, L.P. other information, call (866) 208–3676 access to the Commission’s Public Description: Triennial Market Power (toll free). For TTY, call (202) 502–8659. Reference Room, due to the proclamation declaring a National Analysis of Inter-Power/AhlCon Dated: June 10, 2020. Emergency concerning the Novel Partners, L.P. Nathaniel J. Davis, Sr., Coronavirus Disease (COVID–19), issued Filed Date: 6/9/20. Deputy Secretary. by the President on March 13, 2020. For Accession Number: 20200609–5171. [FR Doc. 2020–12924 Filed 6–15–20; 8:45 am] assistance, contact the Federal Energy Comments Due: 5 p.m. ET 8/10/20. BILLING CODE 6717–01–P Regulatory Commission at Docket Numbers: ER20–2018–000. [email protected] or call Applicants: Versant Power. toll-free, (886) 208–3676 or TYY, (202) Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY 502–8659. Service Agreements Notice of Comments: 5:00 p.m. Eastern Time on Succession to Versant Power to be Federal Energy Regulatory July 1, 2020. effective 5/11/2020. Commission Dated: June 10, 2020. Filed Date: 6/9/20. [Docket No. AC20–131–000] Kimberly D. Bose, Accession Number: 20200609–5138. Secretary. Comments Due: 5 p.m. ET 6/30/20. Gulf Power Company; Notice of Docket Numbers: ER20–2019–000. Petition for Waiver [FR Doc. 2020–12940 Filed 6–15–20; 8:45 am] BILLING CODE 6717–01–P Applicants: Gray County Wind, LLC. Take notice that on June 1, 2020, Gulf Description: Baseline eTariff Filing: Power Company (Petitioner), filed a Gray County Wind, LLC Application for petition for a limited waiver of DEPARTMENT OF ENERGY MBR Authority to be effective 8/9/2020. Distribution Expense Account 593, Filed Date: 6/9/20. Maintenance of overhead lines (Major Federal Energy Regulatory Accession Number: 20200609–5156. only) of the Commission’s Uniform Commission Comments Due: 5 p.m. ET 6/30/20. System of Accounts, as more fully Combined Notice of Filings #1 Docket Numbers: ER20–2020–000. explained in the petition. Applicants: Midcontinent Any person desiring to intervene or to Take notice that the Commission Independent System Operator, Inc. protest this filing must file in received the following electric corporate Description: § 205(d) Rate Filing: accordance with Rules 211 and 214 of filings: 2020–06–10_SA3500_METC-Calhoun

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County Solar GIA (J857) to be effective Filed Date: 6/10/20. The Commission encourages 5/27/2020. Accession Number: 20200610–5147. electronic submission of protests and Filed Date: 6/10/20. Comments Due: 5 p.m. ET 7/1/20. interventions in lieu of paper, using the Accession Number: 20200610–5056. The filings are accessible in the FERC Online links at http:// Comments Due: 5 p.m. ET 7/1/20. Commission’s eLibrary system by www.ferc.gov. To facilitate electronic Docket Numbers: ER20–2021–000. clicking on the links or querying the service, persons with internet access Applicants: E.I. du Pont de Nemours docket number. who will eFile a document and/or be and Company. Any person desiring to intervene or listed as a contact for an intervenor Description: Notice of Cancellation of protest in any of the above proceedings must create and validate an Market-Based Rate Tariff of E.I. du Pont must file in accordance with Rules 211 eRegistration account using the de Nemours and Company. and 214 of the Commission’s eRegistration link. Select the eFiling Filed Date: 3/16/20. Regulations (18 CFR 385.211 and link to log on and submit the Accession Number: 20200316–0020. 385.214) on or before 5:00 p.m. Eastern intervention or protests. Comments Due: 5 p.m. ET 7/1/20. time on the specified comment date. Persons unable to file electronically Docket Numbers: ER20–2022–000. Protests may be considered, but may mail similar pleadings to the Applicants: Commonwealth Edison intervention is necessary to become a Federal Energy Regulatory Commission, Company, PJM Interconnection, L.L.C., party to the proceeding. 888 First Street NE, Washington, DC Rochelle Municipal Utilities. eFiling is encouraged. More detailed 20426. Hand delivered submissions in Description: Tariff Cancellation: information relating to filing docketed proceedings should be Notice of Cancellation Service requirements, interventions, protests, delivered to Health and Human Agreement No. 4232 to be effective service, and qualifying facilities filings Services, 12225 Wilkins Avenue, 6/9/2020. can be found at: http://www.ferc.gov/ Rockville, Maryland 20852. Filed Date: 6/10/20. docs-filing/efiling/filing-req.pdf. For In addition to publishing the full text Accession Number: 20200610–5077. other information, call (866) 208–3676 of this document in the Federal Comments Due: 5 p.m. ET 7/1/20. (toll free). For TTY, call (202) 502–8659. Register, the Commission provides all Docket Numbers: ER20–2023–000. Dated: June 10, 2020. interested persons an opportunity to Applicants: Techren Solar II LLC. Nathaniel J. Davis, Sr., view and/or print the contents of this Description: Baseline eTariff Filing: Deputy Secretary. document via the internet through the Reactive Power Compensation Filing to [FR Doc. 2020–12922 Filed 6–15–20; 8:45 am] Commission’s Home Page (http:// be effective 7/1/2020. BILLING CODE 6717–01–P ferc.gov) using the ‘‘eLibrary’’ link. Filed Date: 6/10/20. Enter the docket number excluding the Accession Number: 20200610–5097. last three digits in the docket number Comments Due: 5 p.m. ET 7/1/20. DEPARTMENT OF ENERGY field to access the document. At this Docket Numbers: ER20–2024–000. time, the Commission has suspended Applicants: Commonwealth Edison Federal Energy Regulatory access to the Commission’s Public Company, PJM Interconnection, L.L.C. Commission Reference Room, due to the Description: § 205(d) Rate Filing: [Docket No. ER20–2014–000] proclamation declaring a National Commonwealth Edison City of Rochelle Emergency concerning the Novel Interconnection Agreement to be Rattlesnake Flat, LLC; Supplemental Coronavirus Disease (COVID–19), issued effective 6/9/2020. Notice That Initial Market-Based Rate by the President on March 13, 2020. For Filed Date: 6/10/20. Filing Includes Request for Blanket assistance, contact the Federal Energy Accession Number: 20200610–5100. Section 204 Authorization Regulatory Commission at Comments Due: 5 p.m. ET 7/1/20. [email protected] or call This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) Docket Numbers: ER20–2025–000. above-referenced proceeding of 502–8659. Applicants: Rock Garden Solar LLC. Rattlesnake Flat, LLC’s application for Description: § 205(d) Rate Filing: market-based rate authority, with an Dated: June 10, 2020. Certificate of Concurrence Tap Line to accompanying rate tariff, noting that Nathaniel J. Davis, Sr., be effective 6/11/2020. such application includes a request for Deputy Secretary. Filed Date: 6/10/20. blanket authorization, under 18 CFR Accession Number: 20200610–5135. [FR Doc. 2020–12923 Filed 6–15–20; 8:45 am] part 34, of future issuances of securities BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 7/1/20. and assumptions of liability. Docket Numbers: ER20–2026–000. Any person desiring to intervene or to Applicants: Selkirk Cogen Partners, protest should file with the Federal DEPARTMENT OF ENERGY L.P. Energy Regulatory Commission, 888 Description: Compliance filing: First Street NE, Washington, DC 20426, Federal Energy Regulatory Selkirk Cogan Partners, L.P. MBR in accordance with Rules 211 and 214 Commission Change in Status Filing to be effective of the Commission’s Rules of Practice [Docket No. CP20–470–000] 6/12/2020. and Procedure (18 CFR 385.211 and Filed Date: 6/10/20. 385.214). Anyone filing a motion to Washington 10 Storage Corporation, Accession Number: 20200610–5146. intervene or protest must serve a copy South Romeo Gas Storage Company, Comments Due: 5 p.m. ET 7/1/20. of that document on the Applicant. LLC; Notice of Application Docket Numbers: ER20–2027–000. Notice is hereby given that the Applicants: Cedar Springs deadline for filing protests with regard Take notice that on May 29, 2020, Transmission, LLC. to the applicant’s request for blanket Washington 10 Storage Corporation Description: Baseline eTariff Filing: authorization, under 18 CFR part 34, of (Washington 10), One Energy Plaza, Cedar Springs Transmission LLC future issuances of securities and 2130 WCB, Detroit, Michigan 48226– Application for MBR Authority to be assumptions of liability, is June 30, 1279; and South Romeo Gas Storage effective 6/10/2020. 2020. Company, LLC (South Romeo), One

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Energy Plaza, 16 WCB, Detroit, of Schedule for Environmental Review filed by other parties or issued by the Michigan 48226 (together, Applicants), will serve to notify federal and state Commission (except for the mailing of filed in Docket No. CP20–470–000 an agencies of the timing for the environmental documents issued by the application pursuant to section 7(c) of completion of all necessary reviews, and Commission) and will not have the right the Natural Gas Act (NGA) and Part 157 the subsequent need to complete all to seek court review of the of the Commission’s regulations for federal authorizations within 90 days of Commission’s final order. authorization to operate as jurisdictional the date of issuance of the Commission As of the February 27, 2018 date of facilities certain assets that heretofore staff’s EA. the Commission’s order in Docket No. have been constructed and operated to There are two ways to become CP16–4–001, the Commission will provide intrastate transportation involved in the Commission’s review of apply its revised practice concerning services, as well as limited interstate this project. First, any person wishing to out-of-time motions to intervene in any transportation services. Applicants obtain legal status by becoming a party new NGA section 3 or section 7 further request that the Commission to the proceedings for this project proceeding.1 Persons desiring to become issue to South Romeo a limited should, on or before the comment date a party to a certificate proceeding are to jurisdiction certificate authorizing the stated below file with the Federal intervene in a timely manner. If seeking lease by South Romeo of storage Energy Regulatory Commission, 888 to intervene out-of-time, the movant is capacity at South Romeo’s Washington First Street NE, Washington, DC 20426, required to ‘‘show good cause why the 28 storage facility to Washington 10. a motion to intervene in accordance time limitation should be waived,’’ and Finally, Applicants request that the with the requirements of the should provide justification by reference Commission grant certain blanket Commission’s Rules of Practice and to factors set forth in Rule 214(d)(1) of certificates under 18 CFR parts 157 and Procedure (18 CFR 385.214 or 385.211) the Commission’s Rules and 284, and general waivers relevant to the and the Regulations under the NGA (18 Regulations.2 operation of interstate storage facilities CFR 157.10). A person obtaining party The Commission strongly encourages and storage facilities operating under status will be placed on the service list electronic filings of comments, protests limited jurisdiction, all as more fully maintained by the Secretary of the and interventions in lieu of paper using described in their application which is Commission and will receive copies of the ‘‘eFiling’’ link at http:// on file with the Commission and open all documents filed by the applicant and www.ferc.gov. Persons unable to file to public inspection. by all other parties. A party must submit electronically may mail similar In addition to publishing the full text seven copies of filings made in the pleadings to the Federal Energy of this document in the Federal proceeding with the Commission and Regulatory Commission, 888 First Street Register, the Commission provides all must mail a copy to the applicant and NE, Washington, DC 20426. Hand interested persons an opportunity to to every other party. Only parties to the delivered submissions in docketed view and/or print the contents of this proceeding can ask for court review of proceedings should be delivered to document via the internet through the Commission orders in the proceeding. Health and Human Services, 12225 However, a person does not have to Commission’s Home Page (http:// Wilkins Avenue, Rockville, Maryland intervene in order to have comments ferc.gov) using the ‘‘eLibrary’’ link. 20852. considered. The second way to Enter the docket number excluding the Comment Date: 5:00 p.m. Eastern participate is by filing with the last three digits in the docket number Time on July 1, 2020. field to access the document. At this Secretary of the Commission, as soon as time, the Commission has suspended possible, an original and two copies of Dated: June 10, 2020. access to the Commission’s Public comments in support of or in opposition Kimberly D. Bose, Reference Room, due to the to this project. The Commission will Secretary. proclamation declaring a National consider these comments in [FR Doc. 2020–12937 Filed 6–15–20; 8:45 am] Emergency concerning the Novel determining the appropriate action to be BILLING CODE 6717–01–P Coronavirus Disease (COVID–19), issued taken, but the filing of a comment alone by the President on March 13, 2020. For will not serve to make the filer a party assistance, contact FERC at to the proceeding. The Commission’s FEDERAL COMMUNICATIONS [email protected] or call rules require that persons filing COMMISSION toll-free, (886) 208–3676 or TTY, (202) comments in opposition to the project 502–8659. provide copies of their protests only to [OMB 3060–1124; FRS 16837] Any questions concerning this the party or parties directly involved in application may be directed to Leah the protest. Information Collection Being Reviewed Chamberlin, Office of the General Persons who wish to comment only by the Federal Communications Counsel, DTE Energy Company, One on the environmental review of this Commission Energy Plaza—1635 WCB, Detroit, project should submit an original and AGENCY: Federal Communications Michigan 48226–1279, by telephone at two copies of their comments to the Commission. (313) 235–3165, or by email at Secretary of the Commission. ACTION: Notice and request for [email protected]. Environmental commenters will be Pursuant to section 157.9 of the placed on the Commission’s comments. Commission’s rules (18 CFR 157.9), environmental mailing list, will receive SUMMARY: As part of its continuing effort within 90 days of this Notice, the copies of the environmental documents, to reduce paperwork burdens, and as Commission staff will issue a Notice of and will be notified of meetings required by the Paperwork Reduction Schedule for Environmental Review. If associated with the Commission’s Act (PRA), the Federal Communications a Notice of Schedule for Environmental environmental review process. Commission (FCC or Commission) Review is issued, it will indicate, among Environmental commenters will not be invites the general public and other other milestones, the anticipated date required to serve copies of filed for the Commission staff’s issuance of documents on all other parties. 1 Tennessee Gas Pipeline Company, L.L.C., 162 the environmental assessment (EA) for However, the non-party commenters FERC ¶ 61,167 at ¶ 50 (2018). this proposal. The issuance of a Notice will not receive copies of all documents 2 18 CFR 385.214(d)(1).

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Federal agencies to take this further reduce the information data obtained from the test facility opportunity to comment on the collection burden on small business showing that the device complies with following information collections. concerns with fewer than 25 employees. the environmental and operational Comments are requested concerning: OMB Control No.: 3060–1124. requirements identified in IEC 62287–1. Whether the proposed collection of Title: 80.231, Technical Requirements After reviewing the information information is necessary for the proper for Class B Automatic Identification described in the certification performance of the functions of the System (AIS) Equipment. application, the U.S. Coast Guard will Commission, including whether the Form No.: Not applicable. issue a letter stating whether the AIS information shall have practical utility; Type of Review: Extension of a device satisfies all of the requirements the accuracy of the Commission’s currently approved collection. specified in IEC 62287–1. A certification burden estimate; ways to enhance the Respondents: Business or other for- application for an AIS device submitted quality, utility, and clarity of the profit entities. to the Commission must contain a copy information collected; ways to minimize Number of Respondents: 20 of the U.S. Coast Guard letter stating the burden of the collection of respondents; 50,020 responses. that the device satisfies all of the information on the respondents, Estimated Time per Response: 1 hour requirements specified in IEC–62287–1, including the use of automated per requirement. a copy of the technical test data and the Frequency of Response: On occasion collection techniques or other forms of instruction manual(s). reporting requirement and third party information technology; and ways to These reporting and third-party disclosure requirement. further reduce the information disclosure requirements aid the Obligation To Respond: Required to collection burden on small business Commission monitoring advance marine obtain or retain benefits. Statutory concerns with fewer than 25 employees. vessel tracking and navigation authority for this information collection DATES: Written comments should be information transmitted from Class B is contained in 47 U.S.C. 154, 303, submitted on or before August 17, 2020. AIS devices to ensure that they are 307(e), 309 and 332 of the If you anticipate that you will be accurate and reliable, while promoting Communications Act of 1934, as submitting comments, but find it marine safety. difficult to do so within the period of amended. Total Annual Burden: 50,020 hours. Federal Communications Commission. time allowed by this notice, you should Annual Cost Burden: $25,000. Marlene Dortch, advise the contacts below as soon as Privacy Act Impact Assessment: No possible. Secretary. impact(s). [FR Doc. 2020–12915 Filed 6–15–20; 8:45 am] ADDRESSES: Direct all PRA comments to Nature and Extent of Confidentiality: BILLING CODE 6712–01–P Cathy Williams, FCC, via email PRA@ There is no need for confidentiality with fcc.gov and to [email protected]. this collection of information. FOR FURTHER INFORMATION CONTACT: For Needs and Uses: On September 19, FEDERAL COMMUNICATIONS additional information about the 2008, the Commission adopted a Second COMMISSION information collection, contact Cathy Report and Order, FCC 08–208, which Williams at (202) 418–2918. added a new section 80.231, which [OMB 3060–0016; OMB 3060–0075, OMB 3060–0932, OMB 3060–1133; FRS 16835] SUPPLEMENTARY INFORMATION: The FCC requires that manufacturers of Class B may not conduct or sponsor a collection Automatic Identification Systems (AIS) Information Collections Being of information unless it displays a transmitters for the Marine Radio Reviewed by the Federal currently valid Office of Management Service include with each transmitting Communications Commission and Budget (OMB) control number. No device a statement explaining how to person shall be subject to any penalty enter static information accurately and a AGENCY: Federal Communications for failing to comply with a collection warning statement that entering Commission. of information subject to the PRA that inaccurate information is prohibited. ACTION: Notice and request for does not display a valid OMB control The Commission is seeking to extend comments. number. this collection in order to obtain the full As part of its continuing effort to three-year clearance from OMB. SUMMARY: As part of its continuing effort reduce paperwork burdens, and as Specifically, the information collection to reduce paperwork burdens, and as required by the PRA of 1995 (44 U.S.C. requires that manufacturers of AIS required by the Paperwork Reduction 3501–3520), the FCC invites the general transmitters label each transmitting Act (PRA), the Federal Communications public and other Federal agencies to device with the following statement: Commission (FCC or Commission) take this opportunity to comment on the WARNING: It is a violation of the rules invites the general public and other following information collections. of the Federal Communications Federal agencies to take this Comments are requested concerning: Commission to input an MMSI that has opportunity to comment on the Whether the proposed collection of not been properly assigned to the end following information collections. information is necessary for the proper user, or to otherwise input any Comments are requested concerning: performance of the functions of the inaccurate data in this device. Whether the proposed collection of Commission, including whether the Additionally, prior to submitting a information is necessary for the proper information shall have practical utility; certification application (FCC Form 731, performance of the functions of the the accuracy of the Commission’s OMB Control Number 3060–0057) for a Commission, including whether the burden estimate; ways to enhance the Class B AIS device, the following information shall have practical utility; quality, utility, and clarity of the information must be submitted in the accuracy of the Commission’s information collected; ways to minimize duplicate to the Commandant (CG–521), burden estimate; ways to enhance the the burden of the collection of U.S. Coast Guard, 2100 2nd Street SW, quality, utility, and clarity of the information on the respondents, Washington, DC 20593–0001: (1) The information collected; ways to minimize including the use of automated name of the manufacturer or grantee and the burden of the collection of collection techniques or other forms of the model number of the AIS device; information on the respondents, information technology; and ways to and (2) copies of the test report and test including the use of automated

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collection techniques or other forms of Type of Review: Revision of a necessitate changes to the Form 2100, information technology; and ways to currently approved information Schedule C, nor do they affect the further reduce the information collection. substance, burden hours, or costs of collection burden on small business Respondents: Business or other for- completing the forms. The rule changes concerns with fewer than 25 employees. profit entities; Not for profit institutions; do, however, reduce burdens and costs DATES: Written comments should be State, local or Tribal government. associated with filing the application. submitted on or before August 17, 2020. Number of Respondents and OMB Control Number: 3060–0075. If you anticipate that you will be Responses: 4,460 respondents and 4,460 Title: Application for Transfer of submitting comments, but find it responses. Control of a Corporate Licensee or difficult to do so within the period of Estimated Time per Response: 2.5–7 Permittee, or Assignment of License or time allowed by this notice, you should hours. Permit, for an FM or TV Translator advise the contacts below as soon as Frequency of Response: One-time Station, or a Low Power Television possible. reporting requirement; on occasion Station, FCC Form 345. reporting requirement; third party Type of Review: Revision of a ADDRESSES: Direct all PRA comments to disclosure requirement. currently approved collection. Cathy Williams, FCC, via email PRA@ Obligation To Respond: Required to Respondents: Business or other for- fcc.gov and to [email protected]. obtain or retain benefits. The statutory profit entities; Not for profit institutions; FOR FURTHER INFORMATION CONTACT: For authority for this collection is contained Local or Tribal Government. additional information about the in Section 154(i), 303, 307, 308 and 309 Number of Respondents and information collection, contact Cathy of the Communications Act of 1934, as Responses: 1,700 respondents; 3,900 Williams at (202) 418–2918. amended. responses. SUPPLEMENTARY INFORMATION: The FCC Total Annual Burden: 42,370 hours. Estimated Time per Response: 0.075– may not conduct or sponsor a collection Annual Cost Burden: $23,026,757. 1.25 hours. of information unless it displays a Privacy Act Impact Assessment: No Frequency of Response: Third party currently valid Office of Management impact(s). disclosure requirement and on occasion and Budget (OMB) control number. No Nature and Extent of Confidentiality: reporting requirement. person shall be subject to any penalty There is no need for confidentiality with Total Annual Burden: 3,013 hours. for failing to comply with a collection this collection of information. Total Annual Cost: $3,943,979. of information subject to the PRA that Needs and Uses: FCC Form 2100, Obligation To Respond: Required to does not display a valid OMB control Schedule C is used by licensees/ obtain or retain benefits. The statutory number. permittees/applicants when applying authority for this collection of As part of its continuing effort to for authority to construct or make information is contained in Sections reduce paperwork burdens, and as changes in a Low Power Television, TV 154(i) and 310 of the Communications required by the PRA of 1995 (44 U.S.C. Translator or DTV Transition. Act of 1934, as amended. 3501–3520), the FCC invites the general On May 12, 2020, the Commission Nature and Extent of Confidentiality: public and other Federal agencies to adopted Amendment of Section 73.3580 There is no need for confidentiality with take this opportunity to comment on the of the Commission’s Rules Regarding this collection of information. following information collections. Public Notice of the Filing of Privacy Act Impact Assessment: No Comments are requested concerning: Applications; Modernization of Media impact(s). Whether the proposed collection of Regulation Initiative; Revision of the Needs and Uses: Filing of the FCC information is necessary for the proper Public Notice Requirements of Section Form 345 is required when applying for performance of the functions of the 73.3580, Second Report and Order, MB authority for assignment of license or Commission, including whether the Docket Nos. 17–254, 17–105, & 05–6, permit, or for consent to transfer of information shall have practical utility; FCC 20–65 (rel. May 13, 2020). The control of a corporate licensee or the accuracy of the Commission’s Commission adopted new, streamlined permittee for an FM or TV translator burden estimate; ways to enhance the procedures for stations to provide station, or low power TV station. quality, utility, and clarity of the public notice of the filing of certain This collection also includes the information collected; ways to minimize applications. Stations, including third-party disclosure requirement of 47 the burden of the collection of stations filing for new construction CFR Section 73.3580 (OMB approval information on the respondents, permits or major modifications to was received for Section 73.3580 under including the use of automated facilities, that were previously required OMB Control Number 3060–0031). collection techniques or other forms of to post public notice in a local Section 73.3580, as amended in the information technology; and ways to newspaper, must now post notice Commission’s 2020 Public Notice further reduce the information online, either on the station website or Second Report and Order, discussed collection burden on small business a website affiliated with the station, its below, requires local public notice of concerns with fewer than 25 employees. licensee, or its parent entity, or else the filing of all applications to assign or OMB Control No.: 3060–0016. must post notice on a publicly transfer control of a broadcast station Title: FCC Form 2100, Application for accessible, locally targeted website, for authorization, including those of an FM Media Bureau Audio and Video Service 30 continuous days following or TV translator or booster station or Authorization, Schedule C (Former FCC acceptance of the application for filing. LPTV station. Notice is given by an Form 346); Sections 74.793(d) and This submission is being made to applicant posting notice of the 74.787, LPTV Out-of-Core Digital OMB for approval of the modified third- application filing on its station website, Displacement Application; Section party disclosure requirements for this its licensee website, its parent entity 73.3700(g)(1)–(3), Post-Incentive Information Collection, as adopted in website, or on a publicly accessible, Auction Licensing and Operations; the 2020 Public Notice Second Report locally targeted website, for 30 Section 74.799, Low Power Television and Order. The changes pertaining to consecutive days beginning within five and TV Translator Channel Sharing. this Information Collection and to 47 business days of acceptance of the Form No.: FCC Form 2100, Schedule CFR 73.3580 adopted in the 2020 Public application for filing. The online notice C. Notice Second Report and Order do not must link to a copy of the application

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as filed in the Commission’s LMS OMB Control No.: 3060–0932. pertinent rule and/or policy, or where licensing database. Applicants for Title: FCC Form 2100, Application for the applicant is uncertain that the assignment or transfer of control of a Media Bureau Audio and Video Service application fully satisfies the pertinent low-power television (LPTV) station Authorization, Schedule E (Former FCC rule and/or policy. FCC Form 2100, that locally originates programming Form 301–CA); 47 CFR Sections Schedule E filings made to implement must also make a total of six on-air 73.3700(b)(1)(i)–(v) and (vii), (b)(2)(i) post-auction channel changes will be announcements giving notice that their and (ii); 47 CFR Section 73.6028; 47 considered minor change applications. applications have been accepted for CFR Section 74.793(d). Class A applications for a major filing. Form No.: FCC Form 2100, Schedule change are subject to third party On May 12, 2020, the Commission E (Application for Media Bureau Audio disclosure requirement of Section adopted Amendment of Section 73.3580 and Video Service Authorization) 73.3580, which requires local public of the Commission’s Rules Regarding (Former FCC Form 301–CA). notice that the application has been Public Notice of the Filing of Type of Review: Revision of a accepted for filing. Notice is given by an Applications; Modernization of Media currently approved information applicant posting notice of the Regulation Initiative; Revision of the collection. application filing on its station website, Public Notice Requirements of Section Respondents: Business or other for- its licensee website, its parent entity 73.3580, Second Report and Order, MB profit entities; Not for profit institutions; website, or on a publicly accessible, Docket Nos. 17–254, 17–105, & 05–6, State, Local or Tribal Government. locally targeted website, for 30 FCC 20–65 (rel. May 13, 2020). The Number of Respondents and consecutive days beginning within five Commission adopted new, streamlined Responses: 745 respondents and 745 business days of acceptance of the procedures for stations to provide responses. application for filing. The online notice public notice of the filing of certain Estimated Time per Response: 2.25 must link to a copy of the application applications. Applicants, including hours–6 hours. as filed in the Commission’s LMS Frequency of Response: One-time applicants for assignment or transfer of licensing database. reporting requirement; On occasion control of authorizations for FM or TV On May 12, 2020, the Commission reporting requirement; Third party translators or LPTV stations, that were adopted Amendment of Section 73.3580 previously required to post public disclosure requirement. Obligation To Respond: Required to of the Commission’s Rules Regarding notice in a local newspaper, must now Public Notice of the Filing of post notice online, either on the station obtain or retain benefits. The statutory authority for this collection is contained Applications; Modernization of Media website or a website affiliated with the Regulation Initiative; Revision of the station, its licensee, or its parent entity, in 47 U.S.C. 151, 154(i), 157 and 309(j) as amended; Middle Class Tax Relief Public Notice Requirements of Section or else must post notice on a publicly 73.3580, Second Report and Order, MB accessible, locally targeted website, for and Job Creation Act of 2012, Public Docket Nos. 17–254, 17–105, & 05–6, 30 continuous days following Law 112–96, 6402 (codified at 47 U.S.C. FCC 20–65 (rel. May 13, 2020). The acceptance of the application for filing. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. Commission adopted new, streamlined Stations that are required to make on-air 1452), 126 Stat. 156 (2012) (Spectrum procedures for stations to provide announcements of the filing of certain Act) and the Community Broadcasters public notice of the filing of certain applications, including an applicant for Protection Act of 1999. applications. Stations, including Class A assignment or transfer of control of an Total Annual Burden: 6,146 hours. television stations filing for new LPTV station that locally originates Annual Cost Burden: $4,334,902. construction permits or major programming, must continue to do so, Privacy Act Impact Assessment: No modifications to facilities, that were but the announcements are shorter and impact(s). direct viewers and listeners to the Nature and Extent of Confidentiality: previously required to post public application as filed and displayed in There is no need for confidentiality with notice in a local newspaper, must now either the station’s Online Public this collection of information. post notice online, either on the station Inspection File or another Commission Needs and Uses: FCC Form 2100, website or a website affiliated with the database. A total of six on-air Schedule E (formerly FCC Form 301– station, its licensee, or its parent entity, announcements are required, at least CA) is to be used in all cases by a Class or else must post notice on a publicly one per week and no more than one per A television station licensee seeking to accessible, locally targeted website, for day or two per week, to be broadcast make changes in the authorized 30 continuous days following between 7:00 a.m. and 11:00 p.m. local facilities of such station. FCC Form acceptance of the application for filing. time, Monday through Friday, beginning 2100, Schedule E requires applicants to This submission is being made to after the application is accepted for certify compliance with certain OMB for approval of the modified third- filing. statutory and regulatory requirements. party disclosure requirements for this This submission is being made to Detailed instructions on the FCC Form Information Collection, as adopted in OMB for approval of the modified third- 2100, Schedule E provide additional the 2020 Public Notice Second Report party disclosure requirements for this information regarding Commission rules and Order. The changes pertaining to Information Collection, as adopted in and policies. FCC Form 2100, Schedule this Information Collection and to 47 the 2020 Public Notice Second Report E is presented primarily in a ‘‘Yes/No’’ CFR 73.3580 adopted in the 2020 Public and Order. The changes pertaining to certification format. However, it Notice Second Report and Order do not this Information Collection and to 47 contains appropriate places for necessitate changes to the Form 2100, CFR 73.3580 adopted in the 2020 Public submitting explanations and exhibits Schedule E, nor do they affect the Notice Second Report and Order do not where necessary or appropriate. Each substance, burden hours, or costs of necessitate changes to the Form 345, nor certification constitutes a material completing the forms. The rule changes do they affect the substance, burden representation. Applicants may only do, however, reduce burdens and costs hours, or costs of completing the forms. mark the ‘‘Yes’’ certification when they associated with filing the application. The rule changes do, however, reduce are certain that the response is correct. OMB Control Number: 3060–1133. burdens and costs associated with filing A ‘‘No’’ response is required if the Title: Application for Permit to the application. applicant is requesting a waiver of a Deliver Programs to Foreign Broadcast

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Stations (FCC Form 308); 47 CFR Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Section 73.3545 and 73.3580. Marlene Dortch, additional information about the Form No.: FCC Form 308. Secretary. information collection, contact Nicole Type of Review: Revision of a [FR Doc. 2020–12917 Filed 6–15–20; 8:45 am] Ongele, (202) 418–2991. currently approved information BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: collection. OMB Control Number: 3060–1271. Respondents: Business or other for- Title: Promoting Telehealth for Low- FEDERAL COMMUNICATIONS profit entities. Income Consumers, COVID–19 COMMISSION Telehealth Program. Number of Respondents and Form Numbers: FCC Forms 460, 461, Responses: 26 respondents; 48 [OMB 3060–1271; FRS 16842] 462, and 463. responses. Type of Review: Revision of a Estimated Time per Response: 0.5 Information Collection Being Reviewed currently approved collection. hours–2 hours. by the Federal Communications Respondents: Business or other for- Obligation To Respond: Required to Commission profit; Not-for-profit institutions; obtain or retain benefits. The statutory Federal Government; and State, Local, authority for this collection is contained AGENCY: Federal Communications or Tribal governments. in Section 325(c) of the Commission. Number of Respondents and Communications Act of 1934, as ACTION: Notice and request for Responses: 7,300 respondents; 34,623 amended. comments. responses. Total Annual Burden: 40 hours. Estimated Time per Response: 0.30– SUMMARY: As part of its continuing effort Annual Cost Burden: $18,642. 25 hours. to reduce paperwork burdens, and as Frequency of Response: One-time, and Privacy Act Impact Assessment: No required by the Paperwork Reduction annual reporting requirements; impact(s). Act of 1995 (PRA), the Federal recordkeeping requirement. Nature and Extent of Confidentiality: Communications Commission (FCC or Obligation To Respond: Required to In general, there is no need for Commission) invites the general public obtain or retain benefits. Statutory confidentiality with this collection of and other Federal agencies to take this authority for this collection of information. opportunity to comment on the information is contained in sections 1– Needs and Uses: On May 12, 2020, following information collections. 4, 201–205, 214, 254, 303(r), and 403 of the Commission adopted Amendment of Comments are requested concerning: the Communications Act of 1934, as Section 73.3580 of the Commission’s Whether the proposed collection of amended, 47 U.S.C. 151–154, 201–205, Rules Regarding Public Notice of the information is necessary for the proper 214, 254, 303(r), and 403, and the Filing of Applications; Modernization of performance of the functions of the Coronavirus Aid, Relief, and Economic Media Regulation Initiative; Revision of Commission, including whether the Security (CARES) Act, Public Law 116– the Public Notice Requirements of information shall have practical utility; 136, 134 Stat. 281 (2020). Section 73.3580, Second Report and the accuracy of the Commission’s Total Annual Burden: 198,347 hours. Order, MB Docket Nos. 17–254, 17–105, burden estimate; ways to enhance the Total Annual Cost: No cost. & 05–6, FCC 20–65 (rel. May 13, 2020). quality, utility, and clarity of the Privacy Act Impact Assessment: No The Commission adopted new, information collected; ways to minimize Impact(s). streamlined procedures for stations to the burden of the collection of Nature and Extent of Confidentiality: provide public notice of the filing of information on the respondents, The Name, Address, DUNS Number and certain applications. Stations, including including the use of automated Business Type will be disclosed in stations filing FCC Form 308, that were collection techniques or other forms of accordance with the FFATA/DATA Act previously required to post public information technology; and ways to reporting requirements as part of the notice in a local newspaper, must now further reduce the information COVID–19 Telehealth Program. Also, post notice online, either on the station collection burden on small business COVID–19 Telehealth Program award website or a website affiliated with the concerns with fewer than 25 employees. and disbursement amounts will be made station, its licensee, or its parent entity, The FCC may not conduct or sponsor public. We intend to keep other or else must post notice on a publicly a collection of information unless it information submitted under the accessible, locally targeted website, for displays a currently valid Office of COVID–19 Telehealth Program 30 continuous days following Management and Budget (OMB) control confidential to the extent permitted by acceptance of the application for filing. number. No person shall be subject to law. There is no assurance of This submission is being made to any penalty for failing to comply with confidentiality provided to respondents OMB for approval of the modified third- a collection of information subject to the as part of the Connected Care Pilot party disclosure requirements for this PRA that does not display a valid OMB Program, the selected applicants and Information Collection, as adopted in control number. estimated funding will be made public. the 2020 Public Notice Second Report DATES: Written PRA comments should Respondents under both programs may and Order. The changes pertaining to be submitted on or before August 17, request materials or information this Information Collection and to 47 2020. If you anticipate that you will be submitted to the Commission to be CFR 73.3580 adopted in the 2020 Public submitting comments, but find it withheld from public inspection under Notice Second Report and Order do not difficult to do so within the period of 47 CFR 0.459 of the Commission’s rules. necessitate changes to FCC Form 308, time allowed by this notice, you should Needs and Uses: On March 31, 2020, nor do they affect the substance, burden advise the contact listed below as soon the Commission adopted a Report and hours, or costs of completing the forms. as possible. Order entitled Promoting Telehealth for The rule changes do, however, reduce ADDRESSES: Direct all PRA comments to Low-Income Consumers; COVID–19 burdens and costs associated with filing Nicole Ongele, FCC, via email PRA@ Telehealth Program, WC Docket No. 18– the application. fcc.gov and to [email protected]. 213, WC Docket No. 20–89 (FCC 20–44),

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establishing two programs designed to ADDRESSES: Comments should be sent to it might ‘‘further reduce the information assist health care providers in providing www.reginfo.gov/public/do/PRAMain. collection burden for small business connected care services to consumers— Find this particular information concerns with fewer than 25 the COVID–19 Telehealth Program and collection by selecting ‘‘Currently under employees.’’ 30-day Review—Open for Public the Connected Care Pilot Program OMB Control Number: 3060–0400. (collectively, Programs). The Comments’’ or by using the search information collected herein is function. Your comment must be Title: Part 61, Tariff Review Plan necessary in order to facilitate the submitted into www.reginfo.gov per the (TRP). Commission’s and the Universal Service above instructions for it to be Form Number: N/A. considered. In addition to submitting in Administrative Company’s Type of Review: Revision of a administration of the Programs and to www.reginfo.gov also send a copy of currently approved collection. prevent waste, fraud, and abuse. The your comment on the proposed information also will allow the information collection to Nicole Ongele, Respondents: Business or other for- Commission to evaluate the extent to FCC, via email to [email protected] and to profit. which the Programs are complying with [email protected]. Include in the Number of Respondents and the applicable rules and procedures for comments the OMB control number as Responses: 2,749 respondents; 4,152 each program, and the Coronavirus Aid, shown in the SUPPLEMENTARY responses. Relief, and Economic Security (CARES) INFORMATION below. Estimated Time per Response: 0.5–53 Act. FOR FURTHER INFORMATION CONTACT: For hours. Federal Communications Commission. additional information or copies of the Frequency of Response: One-time, on Marlene Dortch, information collection, contact Nicole occasion, biennially, and annual Secretary. Ongele at (202) 418–2991. To view a copy of this information collection reporting requirements. [FR Doc. 2020–12881 Filed 6–15–20; 8:45 am] request (ICR) submitted to OMB: (1) Go BILLING CODE 6712–01–P Obligation To Respond: Required to to the web page http://www.reginfo.gov/ obtain or retain benefits. Statutory public/do/PRAMain, (2) look for the authority for this information collection FEDERAL COMMUNICATIONS section of the web page called (IC) is contained in section 47 U.S.C. COMMISSION ‘‘Currently Under Review,’’ (3) click on 10(a) of the Communications Act of the downward-pointing arrow in the 1934, as amended. [OMB 3060–0400; FRS 16844] ‘‘Select Agency’’ box below the ‘‘Currently Under Review’’ heading, (4) Total Annual Burden: 60,722 hours. Information Collection Being select ‘‘Federal Communications Total Annual Cost: No cost. Submitted for Review and Approval to Commission’’ from the list of agencies Office of Management and Budget Privacy Act Impact Assessment: No presented in the ‘‘Select Agency’’ box, impact(s). AGENCY: Federal Communications (5) click the ‘‘Submit’’ button to the Nature and Extent of Confidentiality: Commission. right of the ‘‘Select Agency’’ box, (6) Respondents are not being asked to ACTION: Notice and request for when the list of FCC ICRs currently submit confidential information to the comments. under review appears, look for the Title of this ICR and then click on the ICR Commission. If the Commission SUMMARY: As part of its continuing effort Reference Number. A copy of the FCC requests respondents to submit to reduce paperwork burdens, as submission to OMB will be displayed. information which respondents believe required by the Paperwork Reduction SUPPLEMENTARY INFORMATION: As part of are confidential, respondents may Act (PRA) of 1995, the Federal its continuing effort to reduce request confidential treatment of such Communications Commission (FCC or paperwork burdens, as required by the information under 47 CFR 0.459 of the the Commission) invites the general Paperwork Reduction Act (PRA) of 1995 Commission’s rules. public and other Federal Agencies to (44 U.S.C. 3501–3520), the FCC invited Needs and Uses: The Commission has take this opportunity to comment on the the general public and other Federal developed standardized Tariff Review following information collection. Agencies to take this opportunity to Plans (TRPs) that set forth the summary Pursuant to the Small Business comment on the following information material that incumbent LECs (ILECs) Paperwork Relief Act of 2002, the FCC collection. Comments are requested file to support revisions to the rates in seeks specific comment on how it might concerning: (a) Whether the proposed their interstate access service tariffs. The ‘‘further reduce the information collection of information is necessary collection burden for small business for the proper performance of the TRPs display basic data on rate concerns with fewer than 25 functions of the Commission, including development in a consistent manner, employees.’’ whether the information shall have thereby facilitating review of the ILEC The Commission may not conduct or practical utility; (b) the accuracy of the rate revisions by the Commission and sponsor a collection of information Commission’s burden estimates; (c) interested parties. The TRPs have served unless it displays a currently valid ways to enhance the quality, utility, and this purpose effectively in past years. Office of Management and Budget clarity of the information collected; and Federal Communications Commission. (OMB) control number. No person shall (d) ways to minimize the burden of the Marlene Dortch, be subject to any penalty for failing to collection of information on the Secretary, Office of the Secretary. comply with a collection of information respondents, including the use of subject to the PRA that does not display automated collection techniques or [FR Doc. 2020–12919 Filed 6–15–20; 8:45 am] a valid OMB control number. other forms of information technology. BILLING CODE 6712–01–P DATES: Written comments and Pursuant to the Small Business recommendations for the proposed Paperwork Relief Act of 2002, Public information collection should be Law 107–198, see 44 U.S.C. 3506(c)(4), submitted on or before July 16, 2020. the FCC seeks specific comment on how

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FEDERAL COMMUNICATIONS Title: Sections 59.1 through 59.4, FEDERAL RESERVE SYSTEM COMMISSION Infrastructure Sharing. Form Number: N/A. Change in Bank Control Notices; [OMB 3060–0755; FRS 16843] Type of Review: Extension of a Acquisitions of Shares of a Bank or currently approved collection. Bank Holding Company Information Collection Being Reviewed by the Federal Communications Respondents: Business or other for- The notificants listed below have Commission Under Delegated profit entities. applied under the Change in Bank Authority Number of Respondents and Control Act (Act) (12 U.S.C. 1817(j)) and Responses: 75 respondents; 1,125 § 225.41 of the Board’s Regulation Y (12 AGENCY: Federal Communications responses. CFR 225.41) to acquire shares of a bank Commission. Estimated Time per Response: 1–2 or bank holding company. The factors ACTION: Notice and request for hours. that are considered in acting on the comments. Frequency of Response: On occasion applications are set forth in paragraph 7 reporting requirement and third party of the Act (12 U.S.C. 1817(j)(7)). SUMMARY: As part of its continuing effort disclosure requirement. The public portions of the to reduce paperwork burdens, and as applications listed below, as well as Obligation To Respond: Required to required by the Paperwork Reduction other related filings required by the obtain or retain benefits. Statutory Act (PRA) of 1995, the Federal Board, if any, are available for authority for this information collection Communications Commission (FCC or immediate inspection at the Federal is contained in 47 U.S.C. 259 of the the Commission) invites the general Reserve Bank(s) indicated below and at Communications Act of 1934, as public and other Federal agencies to the offices of the Board of Governors. amended. take this opportunity to comment on the This information may also be obtained following information collection. Total Annual Burden: 2,025 hours. on an expedited basis, upon request, by Comments are requested concerning: Total Annual Cost: No cost. contacting the appropriate Federal Whether the proposed collection of Privacy Impact Assessment: No Reserve Bank and from the Board’s information is necessary for the proper impact(s). Freedom of Information Office at performance of the functions of the Nature and Extent of Confidentiality: https://www.federalreserve.gov/foia/ Commission, including whether the The Commission is not requesting request.htm. Interested persons may information shall have practical utility; respondents to submit confidential express their views in writing on the the accuracy of the Commission’s information to the Commission. If the standards enumerated in paragraph 7 of burden estimate; ways to enhance the Commission requests respondents to the Act. quality, utility, and clarity of the submit information which respondents Comments regarding each of these information collected; ways to minimize believe is confidential, respondents may applications must be received at the the burden of the collection of request confidential treatment of such Reserve Bank indicated or the offices of information on the respondents, data under 47 CFR 0.459 of the the Board of Governors, Ann E. including the use of automated Commission’s rules. Misback, Secretary of the Board, 20th collection techniques or other forms of Needs and Uses: There are three Street and Constitution Avenue NW, information technology; and ways to reporting and third party disclosure Washington, DC 20551–0001, not later further reduce the information requirements under section 259 of the than July 1, 2020. collection burden on small business Communications Act of 1934, as A. Federal Reserve Bank of Chicago concerns with fewer than 25 employees. amended. They are (1) filing of tariffs, (Colette A. Fried, Assistant Vice The FCC may not conduct or sponsor a contracts or arrangements; (2) providing President) 230 South LaSalle Street, collection of information unless it information concerning deployment of Chicago, Illinois 60690–1414: displays a currently valid control new services and equipment; and (3) 1. Todd Madson, Jefferson, Iowa; to number. No person shall be subject to notice upon termination of section 259 retain, individually, voting shares of any penalty for failing to comply with agreements. The information collections Security Financial, Inc., Farnhamville, a collection of information subject to the by the Commission under the Iowa, and thereby indirectly retain PRA that does not display a valid Office requirement are (1) incumbent local voting shares of Security Savings Bank, of Management and Budget (OMB) exchange carriers (incumbent LECs) will Gowrie, Iowa. control number. file for public inspection any tariffs, Board of Governors of the Federal Reserve DATES: Written PRA comments should contracts and agreements for System, June 11, 2020. be submitted on or before August 17, infrastructure sharing with third parties Yao-Chin Chao, 2020. If you anticipate that you will be (qualifying carriers); (2) incumbent LECs Assistant Secretary of the Board. submitting comments, but find it will provide timely information on [FR Doc. 2020–12956 Filed 6–15–20; 8:45 am] planned deployments of new services difficult to do so within the period of BILLING CODE P time allowed by this notice, you should and equipment to third parties advise the contact listed below as soon (qualifying carriers); and incumbent LECs will furnish third parties as possible. FEDERAL RETIREMENT THRIFT (qualifying carriers) with 60 day notice ADDRESSES: Direct all PRA comments to INVESTMENT Nicole Ongele, FCC, via email PRA@ prior to termination of a section 259 fcc.gov and to [email protected]. sharing agreement to protect customers Board Member Meeting from sudden changes in service. FOR FURTHER INFORMATION CONTACT: For June 22, 2020, 10:00 a.m.—Telephonic additional information about the Federal Communications Commission. information collection, contact Nicole Marlene Dortch, Open Session Ongele at (202) 418–2991. Secretary, Office of Secretary. 1. Approval of the May 13th and 27th SUPPLEMENTARY INFORMATION: [FR Doc. 2020–12882 Filed 6–15–20; 8:45 am] 2020 Board Meeting Minutes OMB Control Number: 3060–0755. BILLING CODE 6712–01–P 2. Monthly Reports

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(a) Participant Activity Report DEPARTMENT OF HEALTH AND ADDRESSES: Written comments and (b) Investment Performance HUMAN SERVICES recommendations for the proposed information collection should be sent (c) Legislative Report Administration for Children and within 30 days of publication of this 3. Quarterly Report Families notice to www.reginfo.gov/public/do/ PRAMain. Find this particular (d) Vendor Risk Management Submission for OMB Review; 4. 5-Year L Fund Update Guidance for Tribal Temporary information collection by selecting ‘‘Currently under 30-day Review—Open 5. Internal Audit Update Assistance for Needy Families (TANF) (OMB #0970–0157) for Public Comments’’ or by using the Executive Session search function. AGENCY: Office of Family Assistance; SUPPLEMENTARY INFORMATION: Information covered under 5 U.S.C. Administration for Children and 552b(c)(4). Families; HHS. Description: 42 U.S.C. 612 (Section Contact Person For More Information: ACTION: Request for public comment. 412 of the Social Security Act) requires each Indian tribe that elects to Kimberly Weaver, Director, Office of SUMMARY: The Administration for administer and operate a TANF program External Affairs, (202) 942–1640. Children and Families (ACF) is to submit a TANF Tribal Plan. The SUPPLEMENTARY INFORMATION: Dial-in requesting a 3-year extension of form TANF Tribal Plan is a mandatory ACF–123: Guidance for Tribal (listen only) information: Number: statement submitted to the Secretary of Temporary Assistance for Needy 1–877–446–3914, Code: 8127023. HHS by the Indian tribe, which consists Families (TANF) (OMB #0970–0157, of an outline of how the Indian tribes’ Dated: June 9, 2020. expiration date: 6/30/2020). There are TANF program will be administered Megan Grumbine, minor clarifying changes requested to the guidance. and operated. It is used by the Secretary General Counsel, Federal Retirement Thrift to determine whether the plan is Investment Board. DATES: Comments due within 30 days of approvable and to determine that the publication. OMB is required to make a [FR Doc. 2020–12908 Filed 6–15–20; 8:45 am] Indian tribe is eligible to receive a BILLING CODE 6760–01–P decision concerning the collection of information between 30 and 60 days TANF assistance grant. It is also made after publication of this document in the available to the public. Federal Register. Therefore, a comment Respondents: Indian tribes applying is best assured of having its full effect to operate a TANF program and to if OMB receives it within 30 days of renew their Tribal Family Assistance publication. Plan.

ANNUAL BURDEN ESTIMATES

Total Total number of Average Total burden Annual burden Instrument number of responses per burden hours hours hours respondents respondent per response

Guidance For The Tribal Temporary Assistance For Needy Families (TANF) Program ...... 75 1 68 5,100 1,700

Estimated Total Annual Burden SUMMARY: The Office of Disease tools to disseminate the NYSS and Hours: 1700. Prevention and Health Promotion promote physical activity. Authority: 42 U.S.C. 612. (ODPHP) invites public and private DATES: Statements of interest to become sector organizations that support the an NYSS Champion will be accepted Mary B. Jones, National Youth Sports Strategy (NYSS) starting on June 16, 2020. ACF/OPRE Certifying Officer. to become a National Youth Sports ADDRESSES: Statements of interest can [FR Doc. 2020–12932 Filed 6–15–20; 8:45 am] Strategy Champion (NYSS Champion). be submitted via email to sports@ BILLING CODE 4184–36–P NYSS Champions can be youth-serving hhs.gov. organizations that work in alignment with the NYSS or organizations that FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND support youth sports through donations Katrina L. Piercy, Ph.D., R.D., Office of HUMAN SERVICES or other means. Organizations should Disease Prevention and Health submit a statement of interest Promotion (ODPHP), Office of the Announcing an Opportunity To acknowledging their support of the Assistant Secretary for Health (OASH), Become a National Youth Sports NYSS vision: That one day, all youth U.S. Department of Health and Human Strategy Champion will have the opportunity, motivation, Services (HHS); 1101 Wootton Parkway, and access to play sports—regardless of Suite 420, Rockville, MD 20852; AGENCY: Department of Health and their race, ethnicity, sex, ability, or ZIP Telephone: (240) 453–8280. Email: Human Services, Office of the Secretary, code. NYSS Champions will receive [email protected]. Office of the Assistant Secretary for recognition from ODPHP and the SUPPLEMENTARY INFORMATION: Health, Office of Disease Prevention and President’s Council on Sports, Fitness, Background: On behalf of HHS, Health Promotion. and Nutrition (PCSFN) on Health.gov, a ODPHP leads the development and ACTION: Notice. digital NYSS Champion badge to implementation of the Physical Activity highlight their support of the NYSS, and Guidelines for Americans and the

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National Youth Sports Strategy (NYSS) Each statement of interest shall Scientific Review Branch, Division of and manages the PCSFN. The PCSFN is contain: Extramural Research and Training, National the only federal advisory committee (1) Organization name, location, Institute of Environmental Health Sciences, focused solely on the promotion of website, and submitter’s contact Keystone Building, 530 Davis Drive, Research physical activity, fitness, sports, and information; Triangle Park, NC 27709, (919) 541–7571, [email protected]. nutrition. (2) a brief description of the HHS released the NYSS in September organization’s mission and/or values; This notice is being published less than 15 days prior to the meeting due to the timing 2019 in response to Executive Order and (3) a description of how the limitations imposed by the review and 13824. ODPHP led the development of funding cycle. the NYSS, in collaboration with the organization supports or plans to support the NYSS vision, such as Name of Committee: National Institute of Centers for Disease Control and Environmental Health Sciences Special Prevention and the National Institutes of prioritizing underserved populations, donating funds or equipment, or Emphasis Panel; NIH Pathway to Health, and with recommendations from Independence Award (K99/R00). the PCSFN. The NYSS aims to unite alignment with specific opportunities Date: June 25, 2020. U.S. youth sports culture around a and action items outlined in the NYSS Time: 10:00 a.m. to 5:00 p.m. shared vision: That one day, all youth (https://health.gov/sites/default/files/ Agenda: To review and evaluate grant _ will have the opportunity, motivation, 2019-10/NYSS ExecutiveSummary.pdf). applications. and access to play sports—regardless of Submission of a statement of interest Place: National Institute of Environmental their race, ethnicity, sex, ability, or ZIP does not guarantee acceptance as an Health Sciences, Keystone Building, 530 code. The NYSS specifically outlines NYSS Champion. ODPHP will review Davis Drive, Research Triangle Park, NC steps for everyone to take action and and evaluate statements of interest for 27709 (Virtual Meeting). alignment with the NYSS vision. Contact Person: Varsha Shukla, Ph.D., help improve the youth sports Scientific Review Branch, Division of landscape in the United States. A Carter Blakey, Extramural Research and Training, National framework for understanding youth Acting Director, Office of Disease Prevention Institute of Environmental Health Science, sports participation highlights and Health Promotion. Keystone Building, 530 Davis Drive, Research opportunities and action items for [FR Doc. 2020–12955 Filed 6–15–20; 8:45 am] Triangle Park, NC 27709, (984) 287–3288, youth, adults, organizations, BILLING CODE 4150–32–P [email protected]. communities, and public agencies This notice is being published less than 15 (https://health.gov/sites/default/files/ days prior to the meeting due to the timing 2019-10/NYSS_ExecutiveSummary.pdf). DEPARTMENT OF HEALTH AND limitations imposed by the review and NYSS Champion organizations are HUMAN SERVICES funding cycle. working toward the NYSS vision and Name of Committee: National Institute of are promoting and supporting youth National Institutes of Health Environmental Health Sciences Special sports, particularly in underserved Emphasis Panel; Mechanism for Time populations. National Institute of Environmental Sensitive Research Opportunities in Requirements of Interested Health Sciences; Notice of Closed Environmental Health Sciences. Organizations: ODPHP invites Meetings Date: June 30, 2020. Time: 11:00 a.m. to 3:30 p.m. organizations that support youth sports Pursuant to section 10(d) of the Agenda: To review and evaluate grant and that demonstrate efforts toward Federal Advisory Committee Act, as applications. improving the youth sports landscape in amended, notice is hereby given of the Place: National Institute of Environmental the United States to submit a statement following meetings. Health Sciences, Keystone Building, 530 of interest to become an NYSS The meetings will be closed to the Davis Drive, Research Triangle Park, NC Champion. Participating organizations public in accordance with the 27709 (Virtual Meeting). will sign a letter of understanding (LOU) provisions set forth in sections Contact Person: Janice B. Allen, Ph.D., to outline the terms and parameters of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Scientific Review their support for the NYSS. as amended. The grant applications and Branch, Division of Extramural Research and Training, Nat. Institute of Environmental Organizations with an active LOU will the discussions could disclose be granted use of the digital NYSS Health Science, Keystone Building, 530 Davis confidential trade secrets or commercial Drive, Research Triangle Park, NC 27709, Champion badge as long as the property such as patentable material, (919) 541–7556, [email protected]. organization continues to work in and personal information concerning alignment with the NYSS. Use of the (Catalogue of Federal Domestic Assistance individuals associated with the grant Program Nos. 93.115, Biometry and Risk NYSS Champion badge does not imply applications, the disclosure of which Estimation—Health Risks from any federal endorsement of the would constitute a clearly unwarranted Environmental Exposures; 93.142, NIEHS collaborating organization’s general invasion of personal privacy. Hazardous Waste Worker Health and Safety policies, activities, or products. Training; 93.143, NIEHS Superfund Name of Committee: National Institute of Hazardous Substances—Basic Research and Eligibility for Interested Environmental Health Sciences Special Organizations: To be eligible to become Emphasis Panel; Research to Action: Education; 93.894, Resources and Manpower an NYSS Champion, an organization Assessing and Addressing Community Development in the Environmental Health shall: (1) Have a demonstrated interest Exposures to Environmental Contaminants. Sciences; 93.113, Biological Response to in, understanding of, and experience Date: June 24, 2020. Environmental Health Hazards; 93.114, Time: 8:00 a.m. to 5:00 p.m. Applied Toxicological Research and Testing, with supporting youth sports; (2) have National Institutes of Health, HHS) an organizational or corporate mission Agenda: To review and evaluate grant that is aligned with the NYSS vision; applications. Dated: June 10, 2020. and (3) agree to sign a LOU with Place: National Institute of Environmental Tyeshia M. Roberson, Health Sciences, Keystone Building, 530 Program Analyst, Office of Federal Advisory ODPHP, which will set forth the details Davis Drive, Research Triangle Park, NC Committee Policy. of how the organization is supporting 27709 (Virtual Meeting). the vision of the NYSS. Contact Person: Alfonso R. Latoni, Ph.D., [FR Doc. 2020–12885 Filed 6–15–20; 8:45 am] Statement of Interest Requirements: Chief and Scientific Review Officer, BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Time: 1:30 p.m. to 3:00 p.m. HUMAN SERVICES HUMAN SERVICES Agenda: To review and evaluate grant applications. National Institutes of Health National Institutes of Health Place: Neuroscience Center, 6001 Executive Blvd., North Bethesda, MD 20852, (Video Assisted Meeting). National Institute of Allergy and National Institute of Neurological Disorders and Stroke; Notice of Closed Contact Person: Ana Olariu, Ph.D., Infectious Diseases; Notice of Closed Scientific Review Officer, Scientific Review Meeting Meetings Branch, Division of Extramural Activities, Pursuant to section 10(d) of the NINDS/NIH, NSC, 6001 Executive Blvd., Pursuant to section 10(d) of the Federal Advisory Committee Act, as Room 3208, MSC 9529, Bethesda, MD 20892, (301) 496–9223, [email protected]. Federal Advisory Committee Act, as amended, notice is hereby given of the amended, notice is hereby given of the following meetings. This notice is being published less than 15 following meeting. days prior to the meeting due to the timing The meetings will be closed to the limitations imposed by the review and The meeting will be closed to the public in accordance with the funding cycle. public in accordance with the provisions set forth in sections Name of Committee: National Institute of provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neurological Disorders and Stroke Special 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Emphasis Panel; Summer Research as amended. The grant applications and the discussions could disclose Education Experience Program. the discussions could disclose confidential trade secrets or commercial Date: June 29, 2020. property such as patentable material, Time: 11:30 a.m. to 3:00 p.m. confidential trade secrets or commercial and personal information concerning Agenda: To review and evaluate grant property such as patentable material, individuals associated with the grant applications. and personal information concerning Place: Neuroscience Center, 6001 applications, the disclosure of which Executive Blvd., North Bethesda, MD 20852, individuals associated with the grant would constitute a clearly unwarranted applications, the disclosure of which (Video Assisted Meeting). invasion of personal privacy. Contact Person: Deanna Lynn Adkins, would constitute a clearly unwarranted Ph.D., Scientific Review Officer, Scientific invasion of personal privacy. Name of Committee: National Institute of Neurological Disorders and Stroke Special Review Branch, NSC Building, Bethesda, MD Name of Committee: National Institute of Emphasis Panel P01 Review. 20892, 301–496–9223, deanna.adkins@ Allergy and Infectious Diseases Special Date: June 22, 2020. nih.gov. Emphasis Panel; Emergency Awards: Rapid Time: 10:00 a.m. to 6:00 p.m. This notice is being published less than 15 Investigation of Severe Acute Respiratory Agenda: To review and evaluate grant days prior to the meeting due to the timing Syndrome Coronavirus 2 (SARS–CoV–2) and applications. limitations imposed by the review and Place: Neuroscience Center, 6001 funding cycle. Coronavirus Disease 2019 (COVID–19). Executive Blvd., North Bethesda, MD 20852, Date: June 25, 2020. (Catalogue of Federal Domestic Assistance (Video Assisted Meeting). Program Nos. 93.853, Clinical Research Time: 12:00 p.m. to 6:00 p.m. Contact Person: Li Jia, Ph.D., Scientific Related to Neurological Disorders; 93.854, Agenda: To review and evaluate grant Review Officer, Scientific Review Branch, Biological Basis Research in the applications. Division of Extramural Research, NINDS/ Neurosciences, National Institutes of Health, Place: National Institute of Allergy and NIH, 6001 Executive Boulevard, Room HHS) Infectious Diseases, National Institutes of 3208D, Rockville, MD 20852, 301 451–2854, Dated: June 10, 2020. Health, 5601 Fishers Lane, Room 3F52, [email protected]. Rockville, MD 20892 (Virtual Meeting). This notice is being published less than 15 Tyeshia M. Roberson, Contact Person: Jennifer H. Meyers, Ph.D., days prior to the meeting due to the timing Program Analyst, Office of Federal Advisory Scientific Review Officer, Scientific Review limitations imposed by the review and Committee Policy. Program, National Institute of Allergy and funding cycle. [FR Doc. 2020–12886 Filed 6–15–20; 8:45 am] Infectious Diseases, National Institutes of Name of Committee: National Institute of BILLING CODE 4140–01–P Health, 5601 Fishers Lane, Room 3F52, Neurological Disorders and Stroke Special Emphasis Panel Member conflict SEP. Rockville, MD 20852, 301–761–6602, Date: June 23, 2020. [email protected]. Time: 2:00 p.m. to 4:00 p.m. DEPARTMENT OF HOMELAND This notice is being published less than 15 Agenda: To review and evaluate grant SECURITY days prior to the meeting due to the timing applications. limitations imposed by the review and Place: Neuroscience Center, 6001 U.S. Customs and Border Protection funding cycle. Executive Blvd., North Bethesda, MD 20852, [1651–0083] (Video Assisted Meeting). (Catalogue of Federal Domestic Assistance Contact Person: Natalia Strunnikova, Agency Information Collection Program Nos. 93.855, Allergy, Immunology, Ph.D., Scientific Review Officer, National and Transplantation Research; 93.856, Institutes of Health, National Institute of Activities: United States-Caribbean Microbiology and Infectious Diseases Neurological Disorders And Stroke, 6001 Basin Trade Partnership Act (CBTPA) Research, National Institutes of Health, HHS) Executive Blvd., Suite 3208, Rockville, MD AGENCY: U.S. Customs and Border 20852, 301–496–3755, natalia.strunnikova@ Dated: June 10, 2020. nih.gov. Protection (CBP), Department of Homeland Security. Tyeshia M. Roberson, This notice is being published less than 15 Program Analyst, Office of Federal Advisory days prior to the meeting due to the timing ACTION: 30-Day notice and request for Committee Policy. limitations imposed by the review and comments; extension of an existing [FR Doc. 2020–12887 Filed 6–15–20; 8:45 am] funding cycle. collection of information. Name of Committee: National Institute of BILLING CODE 4140–01–P SUMMARY Neurological Disorders and Stroke Special : The Department of Homeland Emphasis Panel; Clinical Trial Readiness for Security, U.S. Customs and Border Rare Neurological and Neuromuscular Protection will be submitting the Diseases. following information collection request Date: June 25, 2020. to the Office of Management and Budget

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(OMB) for review and approval in information on those who are to DEPARTMENT OF HOMELAND accordance with the Paperwork respond, including through the use of SECURITY Reduction Act of 1995 (PRA). The appropriate automated, electronic, information collection is published in mechanical, or other technological Federal Emergency Management the Federal Register to obtain comments collection techniques or other forms of Agency from the public and affected agencies. information technology, e.g., permitting [Docket ID: FEMA–2020–0025; OMB No. Comments are encouraged and must be electronic submission of responses. The 1660–0147] submitted (no later than July 16, 2020) comments that are submitted will be to be assured of consideration. summarized and included in the request Agency Information Collection ADDRESSES: Written comments and for approval. All comments will become Activities: Proposed Collection; recommendations for the proposed a matter of public record. Comment Request; Coronavirus information collection should be sent (COVID–19) Donations Web Portal Overview of This Information within 30 days of publication of this Collection notice to www.reginfo.gov/public/do/ AGENCY: Federal Emergency PRAMain. Find this particular Title: United States-Caribbean Basin Management Agency, DHS. information collection by selecting Trade Partnership Act. ACTION: 60-Day Notice and request for ‘‘Currently under 30-day Review—Open OMB Number: 1651–0083. comments. for Public Comments’’ or by using the Form Number: CBP Form 450. SUMMARY: The Federal Emergency search function. Abstract: The provisions of the United Management Agency, as part of its FOR FURTHER INFORMATION CONTACT: States-Caribbean Basin Trade continuing effort to reduce paperwork Requests for additional PRA information Partnership Act (CBTPA) were adopted and respondent burden, invites the should be directed to Seth Renkema, by the U.S. with the enactment of the general public to take this opportunity Chief, Economic Impact Analysis Trade and Development Act of 2000 to comment on new information Branch, U.S. Customs and Border (Pub. L. 106–200). The objective of the collection. In accordance with the Protection, Office of Trade, Regulations CBTPA is to expand trade benefits to Paperwork Reduction Act of 1995, this and Rulings, 90 K Street NE, 10th Floor, countries in the Caribbean Basin. For notice seeks comments concerning a Washington, DC 20229–1177, preferential duty treatment under voluntary donations web portal located Telephone number 202–325–0056 or via CBTPA, CBP requires under 19 CFR on the FEMA.gov internet site. This email [email protected]. Please 10.234 and 10.236 that importers have information will allow FEMA to collect note that the contact information a CBTPA Certification of Origin (CBP voluntary information on possible provided here is solely for questions Form 450) in their possession at the donations of key equipment and regarding this notice. Individuals time of the claim, and that importers resources that can be distributed to key seeking information about other CBP provide it to CBP upon request. CBP organizational recipients directly programs should contact the CBP Form 450 collects data such as contact responding to the COVID–19 pandemic. National Customer Service Center at information for the exporter, importer 877–227–5511, (TTY) 1–800–877–8339, and producer, and information about DATES: Comments must be submitted on or CBP website at https://www.cbp.gov/. the goods being claimed. or before August 17, 2020. SUPPLEMENTARY INFORMATION: CBP This collection of information is ADDRESSES: To avoid duplicate invites the general public and other provided for by 19 CFR 10.224. CBP submissions to the docket, please use Federal agencies to comment on the Form 450 is accessible at: https:// only one of the following means to proposed and/or continuing information www.cbp.gov/newsroom/publications/ submit comments: collections pursuant to the Paperwork forms?title=450&=Apply. (1) Online. Submit comments at Reduction Act of 1995 (44 U.S.C. 3501 Current Actions: This submission is www.regulations.gov under Docket ID et seq.). This proposed information being made to extend the expiration FEMA–2020–0025. Follow the collection was previously published in date with no change to the estimated instructions for submitting comments. the Federal Register (85 FR 12000) on burden hours. There are no changes to (2) Mail. Submit written comments to February 28, 2020, allowing for a 60-day CBP Form 450 or to the data collected Docket Manager, Office of Chief comment period. This notice allows for on this form. Counsel, DHS/FEMA, 500 C Street SW, an additional 30 days for public Type of Review: Extension without 8NE, Washington, DC 20472–3100. comments. This process is conducted in change. All submissions received must accordance with 5 CFR 1320.8. Written Affected Public: Businesses. include the agency name and Docket ID. comments and suggestions from the Estimated Number of Respondents: Regardless of the method used for public and affected agencies should 15. submitting comments or material, all address one or more of the following Estimated Number of Responses per submissions will be posted, without four points: (1) Whether the proposed Respondent: 286.13. change, to the Federal eRulemaking Portal at http://www.regulations.gov, collection of information is necessary Estimated Total Annual Responses: and will include any personal for the proper performance of the 4,292. information you provide. Therefore, functions of the agency, including Estimated Time per Response: 2 submitting this information makes it whether the information will have hours. practical utility; (2) the accuracy of the public. You may wish to read the Estimated Total Annual Burden Privacy and Security Notice that is agency’s estimate of the burden of the Hours: 8,584. proposed collection of information, available via a link on the homepage of including the validity of the Dated: June 11, 2020. www.regulations.gov. methodology and assumptions used; (3) Seth D. Renkema, FOR FURTHER INFORMATION CONTACT: suggestions to enhance the quality, Branch Chief, Economic Impact Analysis Cindy Ramsay, Supervisory External utility, and clarity of the information to Branch, U.S. Customs and Border Protection. Affairs Specialist, Public Affairs be collected; and (4) suggestions to [FR Doc. 2020–12912 Filed 6–15–20; 8:45 am] Division, [email protected]. minimize the burden of the collection of BILLING CODE P You may contact the Information

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Management Division for copies of the organization responding to the COVID– DEPARTMENT OF THE INTERIOR proposed collection of information at 19 situation and uses the information to email address: FEMA-Information- connect donors making donations with Fish and Wildlife Service [email protected]. organizations in need by helping to [FWS–R8–ES–2020–N080; SUPPLEMENTARY INFORMATION: FEMA coordinate the movement of those goods FXES11140800000–201–FF08EVEN00] implemented a web form into the either on their own or through contracts. FEMA.gov internet site to collect The type of coordination and assistance Draft Habitat Conservation Plan and voluntary donations of medical will vary depending on the type and Draft Categorical Exclusion for the equipment. This information will allow number of items being donated and the Singh Parcel, Los Osos, San Luis FEMA to collect voluntary information need for the donation. Obispo County, California on possible donations of key equipment Affected Public: All individuals in AGENCY: Fish and Wildlife Service, and resources that can be distributed to Interior. key organizational recipients directly any way involved with the COVID–19 responding to the COVID–19 pandemic. pandemic as it pertains to medical ACTION: Notice of availability; request The web form collects: services, medical equipment or for comments. • Collection of Company Information; exposure to the COVID–19 virus. SUMMARY: We, the U.S. Fish and • Collection of Company Point of Estimated Number of Respondents: Wildlife Service (Service), announce the Contact Information; and 340. • Logistical details of goods for availability of a draft Habitat potential donations in direct support of Estimated Number of Responses: Conservation Plan (HCP) and draft COVID–19 response. 3,400. categorical exclusion for activities FEMA has authorization to perform Estimated Total Annual Burden described in an application for an incidental take permit (ITP) under the this function as described in the Hours: 567. National Response Framework, Fourth Endangered Species Act of 1973, as Estimated Total Annual Respondent Edition, October 28, 2019. The National amended. The ITP would authorize take Cost: $14,697. Response Framework Volunteer and of a listed species incidental to Donations Management Support Annex Estimated Respondents’ Operation construction of a single-family states in its Purpose, ‘‘The Volunteer and Maintenance Costs: None. residence. The applicant developed the draft HCP in support of their application and Donations Management Support Estimated Respondents’ Capital and for an ITP. The Service prepared a draft Annex describes the coordination Start-Up Costs: None. processes used to support the state in categorical exclusion in accordance Estimated Total Annual Cost to the ensuring the most efficient and effective with the National Environmental Policy use of unaffiliated volunteers, Federal Government: $34,153. Act to evaluate the potential effects to the natural and human environment unaffiliated organizations, and Comments unsolicited donated goods to support all resulting from issuing an ITP to the Emergency Support Functions (ESFs) Comments may be submitted as applicant. We invite public comment on for incidents requiring a Federal indicated in the ADDRESSES caption these documents. response, including offers of unaffiliated above. Comments are solicited to (a) DATES: Written comments should be volunteer services and unsolicited evaluate whether the proposed data received on or before July 16, 2020. donations to the Federal Government.’’ collection is necessary for the proper ADDRESSES: To obtain documents: You may download a copy of the draft HCP Collection of Information performance of the agency, including whether the information shall have and categorical exclusion screening Title: Coronavirus (COVID–19) practical utility; (b) evaluate the form at http://www.fws.gov/ventura/, Donations Web Portal. accuracy of the agency’s estimate of the available in ‘‘Latest News Stories’’ Type of Information Collection: New burden of the proposed collection of under the ‘‘News Room’’ tab, or you Collection. may request copies of the documents by OMB Number: OMB Collection 1660– information, including the validity of the methodology and assumptions used; sending U.S. mail to our Ventura office, 0147. or by phone (see FOR FURTHER FEMA Forms: FEMA Form 248–0–0– (c) enhance the quality, utility, and clarity of the information to be INFORMATION CONTACT). 1; Donations Web Portal. To submit written comments: Please collected; and (d) minimize the burden Abstract: Because of the substantial send us your written comments using of the collection of information on those risk to life, safety, or health of one of the following methods: individuals due to the probable shortage who are to respond, including through • U.S. mail: Stephen P. Henry, Field in emergency medical equipment, the use of appropriate automated, Supervisor, Ventura Fish and Wildlife supporting distribution infrastructure electronic, mechanical, or other Office, U.S. Fish and Wildlife Service, and other life-sustaining equipment technological collection techniques or 2493 Portola Road, Suite B, Ventura, CA related to Coronavirus (COVID–19) other forms of information technology, 93003. treatment, FEMA implemented a web e.g., permitting electronic submission of • Email: [email protected]. form into the FEMA.gov internet site to responses. FOR FURTHER INFORMATION CONTACT: collect voluntary donations of medical Amrita Duggal, Biologist, by email at equipment. Maile Arthur, [email protected], by phone at This information will allow FEMA to Deputy Director, Information Management 805–677–3346, or via the Federal Relay collect voluntary information on Division, Office of the Chief Administrative possible donations of key equipment Officer, Mission Support, Federal Emergency Service at 1–800–877–8339 for TTY and resources that can be distributed to Management Agency, Department of assistance. key organizational recipients directly Homeland Security. SUPPLEMENTARY INFORMATION: We, the responding to the COVID–19 pandemic. [FR Doc. 2020–12941 Filed 6–15–20; 8:45 am] U.S. Fish and Wildlife Service (Service), FEMA will determine if the goods BILLING CODE 9111–19–P announce the availability of a draft being donated are needed by any habitat conservation plan (HCP) and the

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associated draft categorical exclusion that would be dedicated, in perpetuity, ACTION: Notice of availability; request with an application for an incidental to the County of San Luis Obispo. for comments. take permit (ITP) from Stephanie Singh The HCP includes avoidance and (applicant). The permit would authorize minimization measures for the Morro SUMMARY: We, the U.S. Fish and take of the federally endangered Morro shoulderband snail and mitigation for Wildlife Service (Service), announce the shoulderband snail (Helminthoglypta unavoidable loss of habitat. The availability of a draft habitat walkeriana) incidental to activities applicant’s conservation strategy conservation plan (HCP) and draft described in the HCP for the includes an on-site conservation area categorical exclusion (CatEx) for construction of a single-family residence that will be restored to coastal dune activities described in an application for in Los Osos, San Luis Obispo County, scrub habitat suitable for occupation by an incidental take permit (ITP) under California. The applicant developed a Morro shoulderband snail through the Endangered Species Act of 1973, as draft HCP as part of her application for removal of non-native plants, natural amended. The ITP would authorize take an ITP under section 10(a)(1)(B) of the regeneration of native coastal scrub of a listed species incidental to water Endangered Species Act of 1973, as species, and seeding with native species tank stabilization activities on private amended (ESA; 16 U.S.C. 1531 et seq.). characteristic of coastal dune scrub property near Big Sur in Monterey The Service prepared a draft categorical habitat. County, California. The applicant developed the draft HCP as part of their exclusion in accordance with the Pursuant to the categorical exclusion application for an ITP. The Service National Environmental Policy Act of determination, FWS concludes that prepared a draft CatEx in accordance 1969 (NEPA; 42 U.S.C. 4321 et seq.) to neither the permit nor the Federal with the National Environmental Policy evaluate the potential effects to the action is anticipated to significantly Act to evaluate the potential effects to natural and human environment affect the quality of the human the natural and human environment resulting from issuing an ITP to the environment, due to the small size of resulting from issuing an ITP to the applicant. We invite public comment on the proposed project located within an applicant. We invite public comment on these documents. existing residential neighborhood. these documents. Background Public Comments DATES: Written comments should be The Morro shoulderband snail was received on or before July 16, 2020. listed as endangered on December 15, If you wish to comment on the draft HCP and low-effect ITP screening form, ADDRESSES: Obtaining Documents: You 1994 (59 FR 64613). Section 9 of the may download a copy of the draft HCP ESA prohibits the ‘‘take’’ of fish or you may submit comments by one of the and draft CatEx at http://www.fws.gov/ wildlife species listed as endangered. methods in ADDRESSES. ventura/, or you may request copies of ‘‘Take’’ is defined under the ESA to Before including your address, phone the documents by U.S. mail (below) or include the following activities: ‘‘to number, email address, or other by phone (see FOR FURTHER INFORMATION harass, harm, pursue, hunt, shoot, personal identifying information in your CONTACT). wound, kill, trap, capture, or collect, or comment, you should be aware that Submitting Written Comments: Please to attempt to engage in any such your entire comment, including your send us your written comments using conduct’’ (16 U.S.C. 1532); however, personal identifying information, may one of the following methods: under section 10(a)(1)(B) of the ESA, we be made publicly available at any time. • U.S. mail: Stephen P. Henry, Field may issue permits to authorize While you can ask us in your comment Supervisor, Ventura Fish and Wildlife incidental take of listed species. to withhold your personal identifying Office, U.S. Fish and Wildlife Service, Incidental take is take that is incidental information from public view, we 2493 Portola Road, Suite B, Ventura, CA to, and not the purpose of, carrying out cannot guarantee that we will be able to 93003. of an otherwise lawful activity. Issuance do so. • Email: [email protected]. of an ITP also must not jeopardize the Authority existence of federally listed fish, FOR FURTHER INFORMATION CONTACT: wildlife, or plant species, pursuant to We provide this notice under section Debora Kirkland, Fish and Wildlife Section 7 of the ESA and 50 CFR 402.02. 10 of the ESA (16 U.S.C. 1531 et seq.) Biologist, by phone at 805–677–3321, The permittee would receive assurances and NEPA regulations (40 CFR 1506.6). via the Federal Relay Service at 1–800– 877–8339 for TTY assistance, or by mail under our ‘‘No Surprises’’ regulations Stephen Henry, (50 CFR 17.22(b)(5)). at the Ventura address (see ADDRESSES). Field Supervisor, Ventura Fish and Wildlife SUPPLEMENTARY INFORMATION: We, the Applicant’s Proposed Activities Office, Ventura, California. U.S. Fish and Wildlife Service (Service), The applicant has applied for a permit [FR Doc. 2020–12929 Filed 6–15–20; 8:45 am] announce the availability of a draft for incidental take of the Morro BILLING CODE 4333–15–P habitat conservation plan (HCP) and shoulderband snail. The take would draft categorical exclusion (CatEx) with occur in association with the an application for an incidental take DEPARTMENT OF THE INTERIOR construction of a single-family home permit (ITP) by California American and associated activities, such as Fish and Wildlife Service Water (applicant). The ITP would vegetation removal, site grubbing, and authorize take of the federally grading for proposed development. The endangered Smith’s blue butterfly proposed development, including the [FWS–R8–ES–2020–N074; (Euphilotes enoptes smithi) incidental FXES11140800000–201–FF08EVEN00] home, infrastructure, future detached to activities described in the HCP for the workshop and all associated disturbance Draft Habitat Conservation Plan and stabilization of a slope beneath two areas, would be sited on approximately Draft Categorical Exclusion for the 40,000-gallon water tanks, repair of a 0.56 acre (ac) of the 4.7-ac property. To Garrapata Tanks Slope Repair Project cement pad, and revegetation and mitigate the effects of the taking of in Monterey County, California restoration of the disturbance area, on Morro shoulderband snail, the applicant private property near Big Sur in proposes to set aside 2 ac of the 4.7-ac AGENCY: Fish and Wildlife Service, Monterey County, California. The property under a conservation easement Interior. applicant developed a draft HCP as part

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of the application for an ITP under evaluate the potential effects to the ADDRESSES: Please address comments section 10(a)(1)(B) of the Endangered natural and human environment on the PF to the Department of the Species Act of 1973, as amended (ESA; resulting from issuing the ITP under the Interior, Office of the Assistant 16 U.S.C. 1531 et seq.). The Service plan. Secretary—Indian Affairs, Attn: Office prepared a draft CatEx in accordance Public Availability of Comments of Federal Acknowledgment, 1849 C with the National Environmental Policy Street NW, MS–4071 MIB, Washington, Act of 1969 (NEPA; 42 U.S.C. 4321 et Before including your address, phone DC 20240. seq.) to evaluate the potential effects to number, email address, or other Any individuals or entities that make the natural and human environment personal identifying information in your submissions to OFA must also provide resulting from issuing an ITP to the comment, you should be aware that copies of their comments and evidence applicant. We invite public comment on your entire comment, including your to the petitioner at Fernanden˜ o Band of these documents. personal identifying information, may Mission Indians c/o Rudy Ortega, Jr., be made publicly available at any time. Background 1019 Second Street, #1, San Fernando, While you can ask us in your comment California 91340. Electronic copies of The Service listed the Smith’s blue to withhold your personal identifying the PF, as well as other related butterfly as endangered in 1976 (41 FR information from public view, we documents, are available on OFA’s 22041). Section 9 of the ESA prohibits cannot guarantee that we will be able to website (www.bia.gov/as-ia/ofa). take of fish and wildlife species listed do so. FOR FURTHER INFORMATION CONTACT: R. as endangered (16 U.S.C. 1538). Under Authority Lee Fleming, Director, Office of Federal the ESA, ‘‘take’’ is defined to include Acknowledgment, (202) 513–7650; the following activities: ‘‘to harass, We provide this notice under section [email protected]. harm, pursue, hunt, shoot, wound, kill, 10(c) of the ESA (16 U.S.C. 1531 et seq.) trap, capture, or collect, or to attempt to and its implementing regulations (50 SUPPLEMENTARY INFORMATION: The OFA engage in any such conduct’’ (16 U.S.C. CFR 17.22) and NEPA (42 U.S.C. 4321 publishes this notice pursuant to § 83.34 1532). Under section 10(a)(1)(B) of the et seq.) and its implementing of the Department’s Federal ESA (16 U.S.C. 1539(a)(1)(B)), we may regulations (40 CFR 1506.6). acknowledgment regulations at 25 CFR part 83 (which became effective July 31, issue permits to authorize take of listed Stephen Henry, fish and wildlife species that is 2015), ‘‘Procedures for Federal Field Supervisor, Ventura Fish and Wildlife Acknowledgement of Indian Tribes.’’ incidental to, and not the purpose of, Office, Ventura, California. carrying out an otherwise lawful The Department’s regulations under [FR Doc. 2020–12928 Filed 6–15–20; 8:45 am] activity. Regulations governing 25 CFR part 83 establish the procedures incidental take permits for endangered BILLING CODE 4333–15–P and criteria by which a group may seek species are in the Code of Federal Federal acknowledgment as an Indian Tribe, establishing a government-to- Regulations (CFR) at 50 CFR 17.22. DEPARTMENT OF THE INTERIOR Issuance of an ITP also must not government relationship with the jeopardize the existence of federally Bureau of Indian Affairs United States. To obtain Federal listed fish, wildlife, or plant species, acknowledgment by the United States pursuant to section 7 of the ESA and 50 [201A2100DD/AAKC001030/ under § 83.5, the petitioner must submit A0A501010.999900] CFR 402.02. The permittee would evidence documenting that the group receive assurances under our ‘‘No Phase I Negative Proposed Finding on meets criteria § 83.11(a) Indian entity Surprises’’ regulations (50 CFR the Fernanden˜ o Tataviam Band of identification, (d) Governing document, 17.22(b)(5)). Mission Indians (e) Descent, (f) Unique membership, and (g) Congressional termination and must Proposed Activities AGENCY: Bureau of Indian Affairs, either: The applicant has applied for a permit Interior. • Demonstrate previous Federal for incidental take of the Smith’s blue ACTION: Notice of Proposed Finding. acknowledgment under § 83.12(a) and butterfly. The take would occur in meet the requirements of § 83.12(b); or association with the repair of a concrete SUMMARY: The Office of Federal • Meet criteria § 83.11(b) Community slab under two 40,000-gallon water Acknowledgment (OFA) within the and (c) Political authority. tanks, stabilization of a failing vegetated Office of the Assistant Secretary— Section 83.26 describes the two slope, and revegetation and restoration Indian Affairs (AS–IA) within the phases of the process for reviewing the of the slope and staging area on Department of the Interior (Department) criteria in § 83.11. During the Phase I approximately 1.1 acres. The HCP hereby provides notice that OFA has review, OFA determines if the petitioner includes avoidance and minimization issued a Phase I negative Proposed meets criteria § 83.11(d), (e), (f), and (g). measures for the Smith’s blue butterfly Finding (PF) in response to the petition Based on the evidence submitted by and mitigation for unavoidable loss of it received from the group known as the FTB and evidence Departmental staff habitat. As mitigation for habitat loss, Fernanden˜ o Tataviam Band of Mission obtained through its verification and the applicant proposes to revegetate the Indians (FTB), headquartered in San evaluation process, OFA has found that staging area and stabilize the slope with Fernando, California. The petitioner FTB meets only three of the four native coastal sage scrub seed. The seeks Federal acknowledgment as an mandatory criteria under the Phase I applicant also proposes to conduct 5 Indian Tribe under the Department’s review: Criteria § 83.11(d), (f), and (g). years of restoration monitoring and regulations. The OFA has found that FTB does not meet criterion § 83.11(e). invasive species control throughout the FTB meets only three of the four Therefore, OFA has issued a negative revegetated areas to improve the quality mandatory criteria reviewed under the PF, which contains a summary of the of species habitat in the project area. Phase I review, as defined by the evidence, reasoning, and analyses that The Service prepared the draft CatEx regulations. are the basis for the PF. in accordance with the National DATES: Comments on this Phase I Under § 83.34(a), OFA will provide Environmental Policy Act of 1969 negative PF are due on or before October copies of the Phase I negative PF and (NEPA; 42 U.S.C. 4321 et seq.) to 14, 2020. any supporting reports to the petitioner.

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This provision also requires OFA to ACTION: Notice. Gila and Salt River Meridian, Arizona provide copies of the PF and any T. 21 N., R. 7 E., supporting reports to individuals and SUMMARY: The Bureau of Land sec. 1; entities listed in § 83.22(d). Management (BLM) is providing notice sec. 2, excepting H.E.S. No. 86. Under § 83.34(b), OFA will publish of an application from the United States T. 21 N., R. 8 E., Forest Service (USFS) requesting that sec. 6, excepting SE1⁄4NE1⁄4SE1⁄4NE1⁄4, the PF and any supporting reports on its 1 1 1 1 1 1 1 website at https://www.bia.gov/as-ia/ Public Land Order (PLO) 7467 be E ⁄2SE ⁄4SE ⁄4NE ⁄4, E ⁄2SE ⁄4SW ⁄4, S1⁄2SW1⁄4SE1⁄4SW1⁄4, ofa. Requests for a copy of PF should be extended for an additional 20-year term. 1 1 1 1 1 PLO 7467 withdrew 74,689 acres of NE ⁄4SE ⁄4SE ⁄4NE ⁄4SE ⁄4, addressed to the Federal Government as E1⁄2SW1⁄4SE1⁄4SE1⁄4NE1⁄4SE1⁄4, National Forest System lands in the 1 1 1 1 1 1 1 instructed in the ADDRESSES section of SE ⁄4SE ⁄4SE ⁄4NE ⁄4SE ⁄4, S ⁄2SE ⁄4. this notice. Coconino National Forest, San T. 22 N., R. 6 E., Publication of this notice of the PF in Francisco Peaks/Mount Elden secs. 1 thru 3; the Federal Register initiates a 120-day Recreation Area, Arizona. The PLO sec. 4, excepting SE1⁄4 NW1⁄4; withdrew these lands from settlement, secs. 9 thru 11; comment period. During this comment 1 period, the petitioner or any individual sale, location, or entry under the general sec. 12, excepting NW ⁄4; sec. 13, N1⁄2; or entity may submit comments and land laws and the United States mining laws, but not from leasing under the secs. 14 and 15; evidence to OFA to rebut or support the sec. 16, E1⁄2. PF, pursuant to § 83.35(a). Copies of mineral leasing laws. This notice also T. 22 N., R. 7 E., comments on the PF submitted to OFA gives the public the opportunity to secs. 1 thru 18; should also be provided to the comment on the withdrawal extension secs. 20 thru 26; petitioner, as required by § 83.35(b) and application, and announces the date, sec. 27, excepting NE1⁄4; ADDRESSES time, and venue for a virtual public secs. 28 and 29; as instructed in the section 1 of this notice by the date listed in the meeting. sec. 32, N ⁄2; sec. 33, N1⁄2, N1⁄2SW1⁄4, N1⁄2SE1⁄4, DATES section of this notice. DATES: Comments must be received by SW1⁄4SE1⁄4, W1⁄2NW1⁄4NW1⁄4SE1⁄4SE1⁄4, If OFA receives comments on this PF, September 14, 2020. The USFS will W1⁄2SW1⁄4NW1⁄4SE1⁄4SE1⁄4, then the petitioner will have 60 days to hold a virtual public meeting in W1⁄2NW1⁄4SW1⁄4SE1⁄4SE1⁄4, submit a written response to those connection with the proposed W1⁄2SW1⁄4SW1⁄4SE1⁄4SE1⁄4; comments, with citations to and sec. 34, N1⁄2, N1⁄2SW1⁄4, E1⁄2SW1⁄4SW1⁄4, withdrawal extension on August 17, 1 1 explanations of supporting evidence, 2020, at 5:00 p.m. The USFS will NW ⁄4SE ⁄4; secs. 35 and 36. and the supporting evidence cited and publish the date and instructions about explained in the response, pursuant to T. 22 N., R. 8 E., how to access the online public meeting secs. 5 thru 7; § 83.37. After the expiration of that in the Arizona Daily Sun (Flagstaff) and sec. 8, excepting E1⁄2SE1⁄4; comment period, the petitioner will the Arizona Republic (Phoenix sec. 17, excepting N1⁄2NE1⁄4NE1⁄4NE1⁄4, have 60 days to elect to challenge the PF Metropolitan area) newspapers a N1⁄2NW1⁄4NE1⁄4NE1⁄4; before an administrative law judge, as minimum of 15 days prior to the secs. 18 and 19; 1 1 1 1 outlined in §§ 83.38 through 83.39. meetings. sec. 20, excepting S ⁄2SE ⁄4NE ⁄4NE ⁄4, A petitioner can withdraw its SE1⁄4SW1⁄4NE1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4; documented petition at any point in the ADDRESSES: All comments should be sec. 29, excepting E1⁄2SW1⁄4SE1⁄4SE1⁄4, 1 1 1 process, but the petition will be placed sent to the BLM Arizona State Office, SE ⁄4SE ⁄4SE ⁄4; One North Central, Suite 800, Phoenix, secs. 30 and 31; at the end of the numbered register of 1 1 1 1 1 Arizona 85004; faxed to 602–417–9452; sec. 32, N ⁄2, N ⁄2SW ⁄4, SW ⁄4SW ⁄4, documented petitions upon 1 1 1 1 1 or sent by email to BLM_AZ_ N ⁄2NE ⁄4NE ⁄4SE ⁄4SW ⁄4, resubmission and may not regain its N1⁄2NW1⁄4NE1⁄4SE1⁄4SW1⁄4, [email protected]. The initial priority number, pursuant to W1⁄2SE1⁄4SW1⁄4, N1⁄2SE1⁄4, E1⁄2SW1⁄4SE1⁄4, § 83.30. BLM will not consider comments N1⁄2NE1⁄4NW1⁄4SW1⁄4SE1⁄4, The Director of the Office of Federal received via telephone calls. N1⁄2NW1⁄4NW1⁄4SW1⁄4SE1⁄4, SE1⁄4SE1⁄4. Acknowledgment R. Lee Fleming FOR FURTHER INFORMATION CONTACT: Sara T. 23 N., R. 6 E., approved the issuance of OFA’s Phase I Ferreira, Land Law Examiner, BLM, at sec. 8, lots 1, 2, 7, and 8; sec. 9; negative PF. 602–417–9598; by email at sferreir@ sec. 10, excepting W1⁄2NW1⁄4NE1⁄4NW1⁄4, blm.gov; or you may contact the BLM Robert Fleming, SE1⁄4NW1⁄4NE1⁄4NW1⁄4, E1⁄2NW1⁄4NW1⁄4, office at the address noted above. NE1⁄4NW1⁄4NW1⁄4NW1⁄4; Director, Office of Federal Acknowledgment. Persons who use a telecommunications sec. 11, excepting [FR Doc. 2020–12775 Filed 6–15–20; 8:45 am] device for the deaf (TDD) may call the W1⁄2SE1⁄4SE1⁄4NE1⁄4SW1⁄4, BILLING CODE 4337–15–P Federal Relay Service (FRS) at 1–800– W1⁄2NE1⁄4NE1⁄4SE1⁄4SW1⁄4, 877–8339 to contact the above W1⁄2SE1⁄4NE1⁄4SE1⁄4SW1⁄4, individual. The FRS is available 24 W1⁄2NE1⁄4SE1⁄4SE1⁄4SW1⁄4, DEPARTMENT OF THE INTERIOR W1⁄2SE1⁄4SE1⁄4SW1⁄4, hours a day, 7 days a week, to leave a 1 1 1 1 1 message or question with the above W ⁄2SE ⁄4SE ⁄4SE ⁄4SW ⁄4; Bureau of Land Management sec. 12; individual. You will receive a reply sec. 13, excepting SW1⁄4NE1⁄4NE1⁄4, [20XLLAZ941200.L1440000.ET0000; during normal business hours. NE1⁄4SE1⁄4NE1⁄4NE1⁄4, AZA30749] SUPPLEMENTARY INFORMATION: The USFS W1⁄2SE1⁄4NE1⁄4NE1⁄4, SE1⁄4NW1⁄4NE1⁄4, N1⁄2NE1⁄4SW1⁄4NE1⁄4, Notice of Application for Proposed has filed an application to extend for an additional 20-year term a withdrawal N1⁄2NW1⁄4SE1⁄4NE1⁄4; Withdrawal Extension and Notification 1 1 1 established by PLO 7467 (65 FR 61180), sec. 14, excepting N ⁄2NE ⁄4NE ⁄4, of Public Meeting, San Francisco N1⁄2NE1⁄4SW1⁄4NE1⁄4NE1⁄4, which will expire on October 15, 2020. Peaks/Mount Elden Recreation Area, N1⁄2NW1⁄4SW1⁄4NE1⁄4NE1⁄4, The legal descriptions written in PLO 1 1 1 1 1 Arizona N ⁄2NE ⁄4SE ⁄4NE ⁄4NE ⁄4, 7467 are revised to reflect the Cadastral N1⁄2NW1⁄4SE1⁄4NE1⁄4NE1⁄4, AGENCY: Bureau of Land Management, Survey’s Specifications for Descriptions N1⁄2NW1⁄4NE1⁄4, Interior. of Land: N1⁄2NE1⁄4SW1⁄4NW1⁄4NE1⁄4,

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N1⁄2NW1⁄4SW1⁄4NW1⁄4NE1⁄4, sec. 24, lots 1 thru 4, N1⁄2NW1⁄4NE1⁄4, Francisco Peaks/Mount Elden N1⁄2NE1⁄4SE1⁄4NW1⁄4NE1⁄4, E1⁄2SW1⁄4NW1⁄4NE1⁄4, Recreation Area. 1 1 1 1 1 N ⁄2NW ⁄4SE ⁄4NW ⁄4NE ⁄4, E1⁄2NW1⁄4SW1⁄4NW1⁄4NE1⁄4, No additional water rights would be 1 1 1 N ⁄2NE ⁄4NW ⁄4, E1⁄2NW1⁄4NW1⁄4SW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 1 needed to fulfill the purpose of the N ⁄2NE ⁄4SW ⁄4NE ⁄4NW ⁄4, E1⁄2SW1⁄4NW1⁄4SW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 1 requested withdrawal extension. There N ⁄2NW ⁄4SW ⁄4NE ⁄4NW ⁄4, E1⁄2SW1⁄4SW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 1 are no suitable alternative sites since N ⁄2NE ⁄4SE ⁄4NE ⁄4NW ⁄4, E1⁄2NW1⁄4SW1⁄4SW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 1 N ⁄2NW ⁄4SE ⁄4NE ⁄4NW ⁄4, E1⁄2SW1⁄4SW1⁄4SW1⁄4NW1⁄4NE1⁄4, these lands contain the developed San 1 1 1 N ⁄2NW ⁄4NW ⁄4, SE1⁄4NW1⁄4NE1⁄4, NE1⁄4SW1⁄4NE1⁄4, Francisco Peaks/Mount Elden 1 1 1 1 1 N ⁄2NE ⁄4SW ⁄4NW ⁄4NW ⁄4, E1⁄2NW1⁄4SW1⁄4NE1⁄4, Recreation Area. 1 1 1 1 1 N ⁄2NW ⁄4SW ⁄4NW ⁄4NW ⁄4, E1⁄2NW1⁄4NW1⁄4SW1⁄4NE1⁄4, Before including your address, phone 1 1 1 1 1 N ⁄2NE ⁄4SE ⁄4NW ⁄4NW ⁄4, E1⁄2NW1⁄4NW1⁄4NW1⁄4SW1⁄4NE1⁄4, number, email address, or other 1 1 1 1 1 1 1 N ⁄2NW ⁄4SE ⁄4NW ⁄4 NW ⁄4, SW ⁄4SW ⁄4; E1⁄2SW1⁄4NW1⁄4NW1⁄4SW1⁄4NE1⁄4, personal identifying information in your 1 1 sec. 15, excepting SE ⁄4SE ⁄4; E1⁄2SW1⁄4NW1⁄4SW1⁄4NE1⁄4, comment, you should be aware that secs. 16 and 17; 1 1 1 1 1 1 E ⁄2NW ⁄4SW ⁄4NW ⁄4SW ⁄4NE ⁄4, your entire comment, including your secs. 20 and 21; E1⁄2SW1⁄4SW1⁄4NW1⁄4SW1⁄4NE1⁄4, 1 1 1 personal identifying information, may sec. 22, excepting NE ⁄4NE ⁄4, NW ⁄4, S1⁄2SW1⁄4NE1⁄4, 1 1 1 1 1 1 1 be made publicly available at any time. S ⁄2SW ⁄4SW ⁄4, SW ⁄4NE ⁄4SE ⁄4SW ⁄4, W1⁄2NW1⁄4NW1⁄4SW1⁄4NE1⁄4NW1⁄4, 1 1 1 1 1 1 1 S ⁄2NW ⁄4SE ⁄4SW ⁄4, SW ⁄4SE ⁄4SW ⁄4, W1⁄2SW1⁄4NW1⁄4SW1⁄4NE1⁄4NW1⁄4, While you can ask us in your comment 1 1 1 1 W ⁄2SE ⁄4SE ⁄4SW ⁄4; W1⁄2NW1⁄4SW1⁄4SW1⁄4NE1⁄4NW1⁄4, to withhold your personal identifying 1 1 sec. 23, excepting NW ⁄4NW ⁄4, W1⁄2SW1⁄4SW1⁄4SW1⁄4NE1⁄4NW1⁄4, information from public review, we 1 1 1 1 SW ⁄4NE ⁄4SW ⁄4SW ⁄4, W1⁄2NW1⁄4, cannot guarantee that we will be able to 1 1 1 1 1 1 1 S ⁄2SW ⁄4SW ⁄4SW ⁄4, SE ⁄4SW ⁄4SW ⁄4, W1⁄2NW1⁄4NW1⁄4NW1⁄4SE1⁄4NW1⁄4, do so. S1⁄2SE1⁄4SW1⁄4, SW1⁄4SW1⁄4SE1⁄4; 1 1 1 1 1 1 W ⁄2SW ⁄4NW ⁄4NW ⁄4SE ⁄4NW ⁄4, Notice is hereby given that a virtual secs. 24 and 25; W1⁄2NW1⁄4SW1⁄4NW1⁄4SE1⁄4NW1⁄4, 1 1 1 1 (online) public meeting in connection sec. 26, excepting SE ⁄4SW ⁄4NE ⁄4NE ⁄4, W1⁄2SW1⁄4SW1⁄4NW1⁄4SE1⁄4NW1⁄4, 1 1 1 1 with the application for withdrawal N ⁄2NE ⁄4NW ⁄4NE ⁄4, S1⁄2SE1⁄4NW1⁄4, SW1⁄4, W1⁄2SE1⁄4, 1 1 1 1 extension will be held on August 17, N ⁄2NW ⁄4NW ⁄4NE ⁄4, excepting M.S. No. 4652; NE1⁄4NW1⁄4SE1⁄4NE1⁄4, NW1⁄4, N1⁄2SW1⁄4, secs. 25 thru 34; 2020, at 5:00 p.m. The USFS will subject to a reservation by Summit sec. 35, excepting a right-of-way described publish a notice of the time and online Properties, Inc., described in a Warranty in two Quit-claim Deeds recorded in venue in a local newspaper a minimum Deed recorded in Coconino County, Coconino County, Arizona in Book 34 of of 15 days before the scheduled date of Arizona in Docket 663, Pages 481 thru Deeds, Pages 598 and 604; the meeting. 484; sec. 36. 1 1 1 (Authority: 43 CFR 2300) sec. 27, lot 1, N ⁄2NE ⁄4NE ⁄4, T. 23 N., R. 8 E., SW1⁄4NE1⁄4NE1⁄4, sec. 7; 1 1 1 1 1 Raymond Suazo, N ⁄2NE ⁄4SE ⁄4NE ⁄4NE ⁄4, sec. 17, SW1⁄4; 1 1 1 1 1 1 State Director. W ⁄2SE ⁄4NE ⁄4NE ⁄4, NW ⁄4NE ⁄4, sec. 18, excepting NW1⁄4NE1⁄4; E1⁄2SW1⁄4NE1⁄4, E1⁄2NW1⁄4SW1⁄4NE1⁄4, sec. 19; [FR Doc. 2020–12914 Filed 6–15–20; 8:45 am] 1 1 1 1 E ⁄2SW ⁄4SW ⁄4NE ⁄4, sec. 20, W1⁄2; BILLING CODE 3411–15–P 1 1 1 1 1 S ⁄2NE ⁄4NE ⁄4SE ⁄4NE ⁄4, sec. 29, N1⁄2, SW1⁄4, E1⁄2NE1⁄4SE1⁄4, 1 1 1 1 W ⁄2NE ⁄4SE ⁄4NE ⁄4, E1⁄2NW1⁄4NE1⁄4SE1⁄4, 1 1 1 1 1 1 1 SE ⁄4NE ⁄4SE ⁄4NE ⁄4, W ⁄2SE ⁄4NE ⁄4, W1⁄2NE1⁄4NW1⁄4SE1⁄4, W1⁄2NW1⁄4SE1⁄4, DEPARTMENT OF THE INTERIOR 1 1 1 1 1 1 1 SE ⁄4SE ⁄4NE ⁄4, S ⁄2SW ⁄4NW ⁄4NW ⁄4, W1⁄2SE1⁄4NW1⁄4SE1⁄4, W1⁄2SW1⁄4SE1⁄4, 1 1 1 1 SW ⁄4SE ⁄4NW ⁄4NW ⁄4, W1⁄2NE1⁄4SW1⁄4SE1⁄4, N1⁄2NE1⁄4SE1⁄4SE1⁄4; National Park Service W1⁄2NE1⁄4SW1⁄4NW1⁄4, W1⁄2SW1⁄4NW1⁄4, secs. 30 and 31; 1 1 1 1 1 1 [NPS–WASO–NRNHL–DTS#–30409; SE ⁄4SW ⁄4NW ⁄4, SW ⁄4SE ⁄4NW ⁄4, sec. 32, W1⁄2NW1⁄4NE1⁄4, 1 1 1 1 1 1 1 PPWOCRADI0, PCU00RP14.R50000] N ⁄2NE ⁄4SW ⁄4, N ⁄2SW ⁄4NE ⁄4SW ⁄4, W1⁄2SE1⁄4NW1⁄4NE1⁄4, S1⁄2NE1⁄4, W1⁄2, 1 1 1 1 1 1 1 N ⁄2SE ⁄4NE ⁄4SW ⁄4, W ⁄2NW ⁄4SW ⁄4, SE1⁄4. 1 1 1 1 1 1 National Register of Historic Places; W ⁄2SW ⁄4SW ⁄4, SE ⁄4SW ⁄4SW ⁄4, The areas described aggregate 74,689 acres. S1⁄2SE1⁄4SW1⁄4, N1⁄2NE1⁄4SE1⁄4, Notification of Pending Nominations N1⁄2SW1⁄4NE1⁄4SE1⁄4, SE1⁄4NE1⁄4SE1⁄4, PLO 7467 withdrew these lands from and Related Actions N1⁄2NW1⁄4SE1⁄4, N1⁄2SW1⁄4NW1⁄4SE1⁄4, location and entry under the United 1 1 1 1 1 1 1 AGENCY N ⁄2SE ⁄4NW ⁄4SE ⁄4, SW ⁄4SW ⁄4SE ⁄4, States mining laws, but not from leasing : National Park Service, Interior. W1⁄2SE1⁄4SW1⁄4SE1⁄4, E1⁄2SE1⁄4SE1⁄4; under the mineral leasing laws, for a ACTION: Notice. secs. 28 and 29; period of 20 years. The extension will secs. 32 and 33; continue the withdrawal established by SUMMARY: The National Park Service is sec. 34, SW1⁄4NW1⁄4NE1⁄4, NW1⁄4, SE1⁄4; PLO 7467 to protect the cultural soliciting electronic comments on the 1 1 sec. 35, lots 1 thru 5, N ⁄2NE ⁄4, significance, capital investments and significance of properties nominated E1⁄2NW1⁄4SE1⁄4NE1⁄4, E1⁄2SW1⁄4SE1⁄4NE1⁄4, dispersed recreation in the USFS’s San before May 30, 2020, for listing or E1⁄2SE1⁄4NE1⁄4, N1⁄2NE1⁄4NW1⁄4, related actions in the National Register 1 1 1 1 1 1 1 Francisco Peaks/Mount Elden W ⁄2SW ⁄4NE ⁄4NW ⁄4, SE ⁄4NE ⁄4NW ⁄4, of Historic Places. N1⁄2NW1⁄4NW1⁄4, SW1⁄4NW1⁄4NW1⁄4, Recreation Area. DATES: Comments should be submitted W1⁄2SW1⁄4NW1⁄4, N1⁄2SW1⁄4, The withdrawal extension would N1⁄2SW1⁄4SW1⁄4, SE1⁄4; continue the purpose of the withdrawal electronically by July 1, 2020. sec. 36. established by PLO 7467 to protect the ADDRESSES: Comments are encouraged T. 23 N., R. 7 E., capital investments and high-quality to be submitted electronically to secs. 7 thru 12; recreation values in the USFS’s San National_Register_Submissions@ 1 1 1 sec. 13, excepting S ⁄2SE ⁄4SW ⁄4, M.S. No. Francisco Peaks/Mount Elden nps.gov with the subject line ‘‘Public 4652; Recreation area. Comment on .’’ If you sec. 18, lots 3 thru 5, E1⁄2, N1⁄2NE1⁄4NW1⁄4, SE1⁄4NE1⁄4NW1⁄4, N1⁄2NE1⁄4NW1⁄4NW1⁄4, agreement, or cooperative agreement have no access to email you may send E1⁄2SE1⁄4NW1⁄4, S1⁄2SW1⁄4SE1⁄4NW1⁄4, would not provide adequate protection them via U.S. Postal Service and all E1⁄2SW1⁄4; for the capital improvement investments other carriers to the National Register of secs. 19 thru 23; that the USFS has made to the San Historic Places, National Park Service,

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1849 C Street NW, MS 7228, SOUTH DAKOTA reference OMB Control Number 1029– Washington, DC 20240. Minnehaha County 0118 in the subject line of your comments. SUPPLEMENTARY INFORMATION: The Jones, E.O. and Etta, House, 835 South Main properties listed in this notice are being Ave., Sioux Falls, SG100005340 FOR FURTHER INFORMATION CONTACT: To request additional information about considered for listing or related actions Todd County in the National Register of Historic this ICR, contact Mark Gehlhar by email He Dog Consolidated School (Schools in Places. Nominations for their at [email protected], or by telephone South Dakota MPS), 25300 BIA 4, at 202–208–2716. consideration were received by the Parmelee, MP100005331 National Park Service before May 30, A request for removal has been made for SUPPLEMENTARY INFORMATION: In 2020. Pursuant to Section 60.13 of 36 the following resources: accordance with the Paperwork CFR part 60, comments are being Reduction Act of 1995, we provide the MICHIGAN accepted concerning the significance of general public and other Federal the nominated properties under the Genesee County agencies with an opportunity to National Register criteria for evaluation. Flint Brewing Company, 2001 Saginaw St., comment on new, proposed, revised, Before including your address, phone Flint, OT80001854 and continuing collections of number, email address, or other Fenton Seminary (Genesee County MRA), information. This helps us assess the 309 West High St., Fenton, OT82000508 personal identifying information in your impact of our information collection comment, you should be aware that Iron County requirements and minimize the public’s reporting burden. It also helps the your entire comment—including your Beechwood Store (Iron County MRA), 215 personal identifying information—may Beechwood Store Rd., Iron River public understand our information be made publicly available at any time. Township, OT83003662 collection requirements and provide the requested data in the desired format. While you can ask us in your comment Marquette County to withhold your personal identifying We are soliciting comments on the Sundberg Block, 517–523 Iron St., Negaunee, proposed ICR that is described below. information from public review, we OT11000196 cannot guarantee that we will be able to We are especially interested in public do so. Authority: Section 60.13 of 36 CFR part 60. comment addressing the following Dated: June 2, 2020. issues: (1) Is the collection necessary to Nominations submitted by State or the proper functions of the OSMRE; (2) Sherry A. Frear, Tribal Historic Preservation Officers: will this information be processed and Chief, National Register of Historic Places/ IOWA used in a timely manner; (3) is the National Historic Landmarks Program. estimate of burden accurate; (4) how Madison County [FR Doc. 2020–12930 Filed 6–15–20; 8:45 am] might the OSMRE enhance the quality, Winterset High School, 110 West Washington BILLING CODE 4312–52–P utility, and clarity of the information to St., Winterset, SG100005339 be collected; and (5) how might the KENTUCKY OSMRE minimize the burden of this DEPARTMENT OF THE INTERIOR Jefferson County collection on the respondents, including through the use of information Nugent House, 845 South 6th St., Louisville, Office of Surface Mining Reclamation and Enforcement technology. SG100005342 Comments that you submit in NEBRASKA [S1D1S SS08011000 SX064A000 response to this notice are a matter of 201S180110; S2D2S SS08011000 Burt County public record. We will include or SX064A000 20XS501520; OMB Control summarize each comment in our request Number 1029–0118] Fuller, A.B., House, 400 8th St., Decatur, to OMB to approve this ICR. Before SG100005334 Agency Information Collection including your address, phone number, Douglas County Activities; Federal Inspections and email address, or other personal J.F. Bloom & Company, 4411 North 20th St., Monitoring identifying information in your Omaha, SG100005335 comment, you should be aware that Little Bohemia, Roughly South 13th St. from AGENCY: Office of Surface Mining your entire comment—including your Hickory St. to 1 block north of William St., Reclamation and Enforcement, Interior. personal identifying information—may Omaha, SG100005336 ACTION: Notice of information collection; be made publicly available at any time. Holt County request for comment. While you can ask us in your comment St. Patrick’s Catholic Church (Rural Church to withhold your personal identifying SUMMARY: In accordance with the information from public review, we Architecture in Nebraska MPS), 301 East Paperwork Reduction Act of 1995, we, Benton St., O’Neill, MP100005337 cannot guarantee that we will be able to the Office of Surface Mining do so. Lincoln County Reclamation and Enforcement (OSMRE), Abstract: For purposes of information North Platte Commercial Historic District are proposing to renew an information collection, this part establishes the (Lincoln Highway in Nebraska MPS), collection. procedures for any person to notify the South: 4th St. to Front St., Vine St. to DATES: Interested persons are invited to Office of Surface Mining Reclamation Chestnut St. North: 7th St. to 9th St., Vine submit comments on or before August St. to Dewey St., North Platte, and Enforcement in writing of any MP100005338 17, 2020. violation that may exist at a surface coal ADDRESSES: Send your comments on mining operation and to request a OREGON this information collection request (ICR) Federal inspection. The information Multnomah County by mail to the Mark Gehlhar, Office of will be used to investigate potential Williams Avenue YWCA (African American Surface Mining Reclamation and violations of the Act or applicable State Resources in Portland, Oregon, from 1851 Enforcement, 1849 C Street NW, Room regulations. to 1973 MPS), 6 North Tillamook St., 4556–MIB, Washington, DC 20240; or by Title of Collection: Federal Portland, MP100005333 email to [email protected]. Please Inspections and Monitoring.

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OMB Control Number: 1029–0118. investigation may be viewed on the exercise of jurisdiction, and the CIT Form Number: None. Commission’s electronic docket (EDIS) denied the Commission’s motion. The Type of Review: Extension of a at https://edis.usitc.gov. For help CIT exercised jurisdiction under section currently approved collection. accessing EDIS, please email 1581(a) over Customs’ objections and Respondents/Affected Public: [email protected]. General granted summary judgment for Wirtgen Individuals/households. information concerning the Commission as to the excluded machines. The CIT Total Estimated Number of Annual may also be obtained by accessing its also ordered Customs to release the Respondents: 38. internet server at https://www.usitc.gov. machines for entry into the United Total Estimated Number of Annual The public record for this investigation States no later than Thursday, May 21, Responses: 38. may be viewed on the Commission’s 2020. Arguing that the predicate for the Estimated Completion Time per electronic docket (EDIS) at https:// SFO has been invalidated by the CIT, on Response: 1 hour. edis.usitc.gov. Hearing-impaired May 21, 2020, Wirtgen filed an Total Estimated Number of Annual persons are advised that information on emergency motion to stay or to Burden Hours: 38. this matter can be obtained by Respondent’s Obligation: Required to temporarily rescind the SFO pending contacting the Commission’s TDD appeal of the CIT’s decision. On May 29, Obtain or Retain a Benefit. terminal on (202) 205–1810. Frequency of Collection: One time. 2020, Caterpillar filed a response in SUPPLEMENTARY INFORMATION: Total Estimated Annual Nonhour The opposition to Wirtgen’s emergency Burden Cost: None. Commission instituted this investigation motion. An agency may not conduct or on November 29, 2017, based on a For the reasons discussed in the complaint, as supplemented, filed by sponsor and a person is not required to Commission Opinion issued Caterpillar Inc. of Peoria, Illinois and respond to a collection of information concurrently herewith, the Commission Caterpillar Paving Products, Inc. of unless it displays a currently valid OMB has determined to deny in part and to Minneapolis, Minnesota (collectively, control number. grant in part Wirtgen’s motion. ‘‘Caterpillar’’). See 82 FR 56625–26 The authority for this action is the Specifically, the Commission has (Nov. 29, 2017). The complaint, as Paperwork Reduction Act of 1995 (44 determined to deny Wirtgen’s motion supplemented, alleges violations of U.S.C. 3501 et seq.). with respect to staying the SFO but has section 337 of the Tariff Act of 1930, as determined to grant it with respect to Mark J. Gehlhar, amended (19 U.S.C. 1337) (‘‘section temporarily rescinding the SFO in order Information Collection Clearance Officer, 337’’), based upon the importation into Division of Regulatory Support. the United States, the sale for to suspend its operation. This suspension applies prospectively to [FR Doc. 2020–12875 Filed 6–15–20; 8:45 am] importation, and the sale within the articles that arrive in the United States BILLING CODE 4310–05–P United States after importation of certain road construction machines and on or after the date of the accompanying components thereof by reason of Order and until such time as the CIT’s decision is modified, stayed, or INTERNATIONAL TRADE infringement of certain claims of U.S. overturned. This suspension does not COMMISSION Patent Nos. 7,140,693 (‘‘the ’693 patent’’); 9,045,871; and 7,641,419. See apply to the specific entries that were at [Investigation No. 337–TA–1088] id. The notice of investigation identifies issue under 28 U.S.C. 1581(a) in the CIT the following respondents: Wirtgen civil action (which were excluded, not Certain Road Construction Machines seized, and released for entry into the and Components Thereof; GmbH of Windhagen, Germany; Joseph Vo¨gele AG of Ludwigshafen, Germany; United States), and this suspension does Commission Decision To Institute a not affect or modify in any way the Rescission Proceeding; Temporary Wirtgen Group Holding GmbH of Windhagen, Germany; and Wirtgen Commission’s remedial orders issued in Rescission of the Seizure and this investigation. Forfeiture Order; Termination of the America of Antioch, Tennessee Rescission Proceeding (collectively, ‘‘Wirtgen’’). See id. The Accordingly, the Commission has Office of Unfair Import Investigations is determined to institute a rescission AGENCY: U.S. International Trade not a party to this investigation. See id. proceeding and to temporarily rescind Commission. On June 27, 2019, the Commission the SFO pending appeal of the CIT’s ACTION: Notice. found a violation of section 337 in the decision. The rescission proceeding is above-identified investigation based on hereby terminated. SUMMARY: Notice is hereby given that the infringement of claim 19 of the ’693 The Commission’s vote for this the U.S. International Trade patent and issued a limited exclusion Commission has determined to institute determination took place on June 10, order against the infringing articles and 2020. a proceeding to determine whether to a cease and desist order against Wirtgen temporarily rescind the Commission’s America (collectively, ‘‘the remedial The authority for the Commission’s seizure and forfeiture order (‘‘SFO’’) of orders’’). The U.S. Customs and Border determination is contained in section January 14, 2020 (corrected January 23, Protection (‘‘Customs’’) subsequently 337 of the Tariff Act of 1930, as 2020) issued against Wirtgen America, excluded six Wirtgen machines in amended (19 U.S.C. 1337), and in part Inc. (‘‘Wirtgen America’’). The SFO is December 2019. Based on such 210 of the Commission’s Rules of temporarily rescinded. The rescission exclusion, the Commission issued the Practice and Procedure (19 CFR part proceeding is terminated. subject SFO on January 14, 2020 210). FOR FURTHER INFORMATION CONTACT: (corrected January 23, 2020). By order of the Commission. Houda Morad, Office of the General On January 30, 2020, Wirtgen filed a Issued: June 10, 2020. Counsel, U.S. International Trade civil action against Customs and related Commission, 500 E Street SW, government parties in the Court of Lisa Barton, Washington, DC 20436, telephone (202) International Trade (‘‘CIT’’) under 28 Secretary to the Commission. 708–4716. Copies of non-confidential U.S.C. 1581(a) and (i). The Commission [FR Doc. 2020–12889 Filed 6–15–20; 8:45 am] documents filed in connection with this moved to intervene to contest the CIT’s BILLING CODE 7020–02–P

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DEPARTMENT OF LABOR NLSY79 was conducted annually from an information collection, unless the 1979 to 1994 and has been conducted OMB approves it and displays a Office of the Secretary biennially since 1994. The longitudinal currently valid OMB Control Number. focus of this survey requires information In addition, notwithstanding any other Agency Information Collection to be collected from the same provisions of law, no person shall Activities; Submission for OMB individuals over many years in order to generally be subject to penalty for Review; Comment Request; National trace their education, training, work failing to comply with a collection of Longitudinal Survey of Youth 1979 experience, fertility, income, and information that does not display a program participation. ACTION: Notice of availability; request valid OMB Control Number. See 5 CFR In addition to the main NLSY79, the for comments. 1320.5(a) and 1320.6. biological children of female NLSY79 DOL seeks PRA authorization for this SUMMARY: The Department of Labor respondents have been surveyed since information collection for three (3) (DOL) is submitting this Bureau of Labor 1986. A battery of child cognitive, socio- years. OMB authorization for an ICR Statistics (BLS)-sponsored information emotional, and physiological cannot be for more than three (3) years collection request (ICR) to the Office of assessments was administered without renewal. The DOL notes that Management and Budget (OMB) for biennially from 1986 until 2012 to information collection requirements review and approval in accordance with NLSY79 mothers and their children. submitted to the OMB for existing ICRs the Paperwork Reduction Act of 1995 Starting in 1994, children who had receive a month-to-month extension (PRA). Public comments on the ICR are reached age 15 by December 31 of the while they undergo review. invited. survey year (the Young Adults) were Agency: DOL–BLS. DATES: The OMB will consider all interviewed about their work Title of Collection: National written comments that agency receives experiences, training, schooling, health, Longitudinal Survey of Youth 1979. on or before July 16, 2020. fertility, self-esteem, and other topics. OMB Control Number: 1220–0109. Funding for the NLSY79 Child and Affected Public: Individuals or ADDRESSES: Written comments and households. recommendations for the proposed Young Adult surveys is provided by the Eunice Kennedy Shriver National Total Estimated Number of information collection should be sent Respondents: 11,305. within 30 days of publication of this Institute of Child Health and Human Development through an interagency Total Estimated Number of notice to www.reginfo.gov/public/do/ Responses: 11,405. PRAMain. Find this particular agreement with the BLS and through a grant awarded to researchers at the Ohio Total Estimated Annual Time Burden: information collection by selecting 14,357 hours. ‘‘Currently under 30-day Review—Open State University Center for Human Resource Research (CHRR). The Total Estimated Annual Other Costs for Public Comments’’ or by using the Burden: $0. search function. interagency agreement funds data Comments are invited on: (1) Whether collection for children and young adults Authority: 44 U.S.C. 3507(a)(1)(D). the collection of information is up to age 24. The grant funds data Dated: June 10, 2020. necessary for the proper performance of collection for young adults age 25 and Anthony May, the functions of the Department, older. One of the goals of the Department of Acting Departmental Clearance Officer. including whether the information will Labor (DOL) is to produce and [FR Doc. 2020–12936 Filed 6–15–20; 8:45 am] have practical utility; (2) if the disseminate timely, accurate, and BILLING CODE 4510–24–P information will be processed and used relevant information about the U.S. in a timely manner; (3) the accuracy of labor force. The BLS contributes to this the agency’s estimates of the burden and goal by gathering information about the DEPARTMENT OF LABOR cost of the collection of information, labor force and labor market and including the validity of the Office of the Secretary disseminating it to policymakers and methodology and assumptions used; (4) the public so that participants in those Agency Information Collection ways to enhance the quality, utility and markets can make more informed, and clarity of the information collection; and Activities; Submission for OMB thus more efficient, choices. Research Review; Comment Request; Coal Mine (5) ways to minimize the burden of the based on the NLSY79 contributes to the collection of information on those who Operator Response To Schedule for formation of national policy in the areas Submission of Additional Evidence are to respond, including the use of of education, training, employment automated collection techniques or and Operator Response to Notice of programs, school-to-work transitions, Claim other forms of information technology. and preparations for retirement. The FOR FURTHER INFORMATION CONTACT: Round 29 questionnaire, in addition to ACTION: Notice of availability; request Anthony May by telephone at 202–693– other changes, includes questions to for comments. 4129 (these are not toll-free numbers) or collect some of the effects the by email at [email protected]. coronavirus pandemic had on the SUMMARY: The Department of Labor SUPPLEMENTARY INFORMATION: BLS employment, health, wealth, and (DOL) is submitting this Office of Authorizing Statute Title 29 sections 1 retirement expectations of the NLSY79 Workers’ Compensation Programs’ and 2 authorize this information cohort’s lives. (OWCP)-sponsored information collection. The National Longitudinal For additional substantive collection request (ICR) to the Office of Survey of Youth 1979 (NLSY79) is a information about this ICR, see the Management and Budget (OMB) for representative national sample of related notice published in the Federal review and approval in accordance with persons who were born in the years Register on December 27, 2019 (84 CFR the Paperwork Reduction Act of 1995 1957 to 1964 and lived in the U.S. in 71475). This information collection is (PRA). Public comments on the ICR are 1978. These respondents were ages 14 to subject to the PRA. A Federal agency invited. 22 when the first round of interviews generally cannot conduct or sponsor a DATES: The OMB will consider all began in 1979; they will be ages 55 to collection of information, and the public written comments that agency receives 62 as of December 31, 2019. The is generally not required to respond to on or before July 16, 2020.

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ADDRESSES: Written comments and of information, and the public is ADDRESSES: Written comments and recommendations for the proposed generally not required to respond to an recommendations for the proposed information collection should be sent information collection, unless the OMB information collection should be sent within 30 days of publication of this approves it and displays a currently within 30 days of publication of this notice to www.reginfo.gov/public/do/ valid OMB Control Number. In addition, notice to www.reginfo.gov/public/do/ PRAMain. Find this particular notwithstanding any other provisions of PRAMain. Find this particular information collection by selecting law, no person shall generally be subject information collection by selecting ‘‘Currently under 30-day Review—Open to penalty for failing to comply with a ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the collection of information that does not for Public Comments’’ or by using the search function. display a valid OMB Control Number. search function. Comments are invited on: (1) Whether See 5 CFR 1320.5(a) and 1320.6. Comments are invited on: (1) Whether the collection of information is DOL seeks PRA authorization for this the collection of information is necessary for the proper performance of information collection for three (3) necessary for the proper performance of the functions of the Department, years. OMB authorization for an ICR the functions of the Department, including whether the information will cannot be for more than three (3) years including whether the information will have practical utility; (2) if the without renewal. The DOL notes that have practical utility; (2) if the information will be processed and used information collection requirements information will be processed and used in a timely manner; (3) the accuracy of submitted to the OMB for existing ICRs in a timely manner; (3) the accuracy of the agency’s estimates of the burden and receive a month-to-month extension the agency’s estimates of the burden and cost of the collection of information, while they undergo review. cost of the collection of information, including the validity of the Agency: DOL–OWCP. including the validity of the methodology and assumptions used; (4) Title of Collection: Coal Mine methodology and assumptions used; (4) ways to enhance the quality, utility and Operator Response to Schedule for ways to enhance the quality, utility and clarity of the information collection; and Submission of Additional Evidence and clarity of the information collection; and (5) ways to minimize the burden of the Operator Response to Notice of Claim. (5) ways to minimize the burden of the collection of information on those who OMB Control Number: 1240–0033. collection of information on those who are to respond, including the use of Affected Public: Private Sector— are to respond, including the use of automated collection techniques or businesses or other for-profits. automated collection techniques or other forms of information technology. Total Estimated Number of other forms of information technology. FOR FURTHER INFORMATION CONTACT: Respondents: 4,900. FOR FURTHER INFORMATION CONTACT: Crystal Rennie by telephone at (202) Total Estimated Number of Crystal Rennie by telephone at (202) 693–0456 (this is not a toll-free number) Responses: 9,800. 693–0456 (this is not a toll-free or by email at DOL_PRA_PUBLIC@ Total Estimated Annual Time Burden: numbers) or by email at DOL_PRA_ dol.gov. 2,042 hours. [email protected]. SUPPLEMENTARY INFORMATION: The Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: Form ETA OWCP, Division of Coal Mine Workers’ Burden: $2,842. 678 is used to obtain information about Compensation (DCMWC) administers Authority: 44 U.S.C. 3507(a)(1)(D). student training for placement of the Black Lung Benefits Act (30 U.S.C. students in jobs, further education or Crystal R. Rennie, 901), which provides benefits to coal military service. It is used to evaluate miners totally disabled due to Acting Departmental Clearance Officer. overall program effectiveness and is the pneumoconiosis and their surviving [FR Doc. 2020–12964 Filed 6–15–20; 8:45 am] only form which documents a student’s dependents. When the DCMWC makes a BILLING CODE 4510–CK–P post-center status. The form is prepared preliminary analysis of a claimant’s by Job Corps centers and placement eligibility for benefits, and if a coal mine specialists for each student separating operator has been identified as DEPARTMENT OF LABOR from Job Corps centers. For additional potentially liable for payment of those Office of the Secretary substantive information about this ICR, benefits, the responsible operator is see the related notice published in the notified of the preliminary analysis. Agency Information Collection Federal Register on January 2, 2020 (85 Regulations codified at 20 CFR part 725 Activities; Submission for OMB FR 132). require that a coal mine operator be Review; Comment Request; Job Corps This information collection is subject identified and notified of potential Placement and Assistant Record to the PRA. A Federal agency generally liability as early in the adjudication cannot conduct or sponsor a collection process as possible. Coal Mine Operator ACTION: Notice of availability; request of information, and the public is Response to Schedule for Submission of for comments. generally not required to respond to an Additional Evidence (Form CM–2970) information collection, unless the OMB and Operator Response to Notice of SUMMARY: The Department of Labor approves it and displays a currently Claim (Form CM–2970a) are used for (DOL) is submitting this Employment valid OMB Control Number. In addition, claims filed after January 19, 2001, and and Training Administration (ETA)- notwithstanding any other provisions of indicate that the coal mine operator will sponsored information collection law, no person shall generally be subject submit additional evidence or respond request (ICR) to the Office of to penalty for failing to comply with a to the notice of claim. For additional Management and Budget (OMB) for collection of information that does not substantive information about this ICR, review and approval in accordance with display a valid OMB Control Number. see the related notice published in the the Paperwork Reduction Act of 1995 See 5 CFR 1320.5(a) and 1320.6. Federal Register on March 12, 2020 (85 (PRA). Public comments on the ICR are DOL seeks PRA authorization for this FR 14507). invited. information collection for three (3) This information collection is subject DATES: The OMB will consider all years. OMB authorization for an ICR to the PRA. A Federal agency generally written comments that agency receives cannot be for more than three (3) years cannot conduct or sponsor a collection on or before July 16, 2020. without renewal. The DOL notes that

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information collection requirements MSHA will consider only comments conveyor system to transport raw coal. submitted to the OMB for existing ICRs postmarked by the U.S. Postal Service or The seam is 33 inches thick, requiring receive a month-to-month extension proof of delivery from another delivery 48 inches of outseam excavation to while they undergo review. service such as UPS or Federal Express facilitate the conveyor system. The Agency: DOL–ETA. on or before the deadline for comments. Matewan Tunnel does not liberate any Title of Collection: Job Corps FOR FURTHER INFORMATION CONTACT: methane. Placement and Assistance Record. Aromie Noe, Office of Standards, (2) The Matewan Tunnel consists of OMB Control Number: 1205–0035. Regulations, and Variances at 202–693– three entries developed on a straight Affected Public: Individuals or 9557 (voice), [email protected] course 10,500 feet from outcrop to Households. (email), or 202–693–9441 (facsimile). outcrop. The roof in the belt entry Total Estimated Number of [These are not toll-free numbers.] (center entry) is supported by 6-foot Respondents: 34,000. SUPPLEMENTARY INFORMATION: Section fully grouted bolts with T5 steel Total Estimated Number of 101(c) of the Federal Mine Safety and channels in every row. Steel straps and Responses: 34,000. Health Act of 1977 and Title 30 of the four-foot conventional bolts support the Total Estimated Annual Time Burden: Code of Federal Regulations Part 44 ribs. The final conveyor structure is 4,210 hours. offset in the entry to provide complete Total Estimated Annual Other Costs govern the application, processing, and disposition of petitions for modification. access along its entire length. Thus, the Burden: $0. ventilation system will not likely be Authority: 44 U.S.C. 3507(a)(1)(D). I. Background compromised by roof or rib integrity measures. Crystal R. Rennie, Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine (3) The 42-inch conveyor is 12,445 Acting Departmental Clearance Officer. Act) allows the mine operator or feet long and is powered by two [FR Doc. 2020–12963 Filed 6–15–20; 8:45 am] representative of miners to file a separate drive installations located on BILLING CODE 4510–FT–P petition to modify the application of any the surface at each end of the mandatory safety standard to a coal or underground excavation (500 HP at Rocklick and 1,000 HP at Harris). The DEPARTMENT OF LABOR other mine if the Secretary of Labor determines that: conveyor is uniquely designed to turn over on each end to maintain the Mine Safety and Health Administration 1. An alternative method of achieving the result of such standard exists which material handling surface in an upward Petition for Modification of Application will at all times guarantee no less than facing position. Both the top and bottom of Existing Mandatory Safety the same measure of protection afforded structure are troughed 35 degrees to Standards the miners of such mine by such provide simultaneous transportation standard; or capacity on the top and return portions AGENCY: Mine Safety and Health 2. The application of such standard to of the belt. The conveyor uses special Administration, Labor. such mine will result in a diminution of belt with steel cable carcass related at ACTION: Notice. safety to the miners in such mine. 1,900 pounds per inch of belt width. In addition, the regulations at 30 CFR Traveling 680 feet per minute (FPM), SUMMARY: This notice is a summary of 44.10 and 44.11 establish the the belt system has a carrying capacity a petition for modification submitted to requirements for filing petitions for of 1,000 tons per hour (TPH) on each the Mine Safety and Health modification. belt (top and bottom totaling 2,000 Administration (MSHA) by the party TPH). listed below. II. Petition for Modification (4) The Matewan Tunnel currently DATES: All comments on the petition Docket Number: M–2020–007–C. only transports a fraction of its design must be received by MSHA’s Office of Petitioner: Rockwell Mining, LLC, 300 capacity. The Matewan Tunnel Standards, Regulations, and Variances Kanawha Boulevard, East (ZIP 25301), transports only raw coal from two on or before July 16, 2020. P.O. Box 273, Charleston, West Virginia continuous miner sections in the Black ADDRESSES: You may submit your 25321–0273. Oak Mine with an estimated daily comments, identified by ‘‘docket Mine: Matewan Tunnel, MSHA I.D. volume of 4,000 raw tons to Rocklick. number’’ on the subject line, by any of No. 46–08610, located in Boone County, The return belt capacity is not utilized the following methods: West Virginia. at the mine. 1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR —The portal at the Preparation Plant [email protected]. Include the docket 75.1108(c) (Approved conveyor belts). side of the Matewan Tunnel is known number of the petition in the subject Modification Request: The petitioner as the Rocklick Portal. The portal at line of the message. requests a modification of the Part 14 the other end is known as the Harris 2. Facsimile: 202–693–9441. belt standard for Matewan Tunnel Portal. The Matewan Tunnel is 3. Regular Mail or Hand Delivery: because of the unique layout of the mine ventilated from the Rocklick Portal MSHA, Office of Standards, as well as additional safety measures with a 5.5 foot blowing fan with a Regulations, and Variances, 201 12th that will be put in place for its overland 1,200 revolutions per minute speed, Street South, Suite 4E401, Arlington, coal belt. These measures will make the set to Blade Setting No. 5, producing Virginia 22202–5452, Attention: Roslyn conveyor belt in the Matewan Tunnel at 95,000 cubic feet per minute of B. Fontaine, Acting Director, Office of least as safe as compliance with Part 14. airflow. Standards, Regulations, and Variances. The petitioner states that: —At the Rocklick Portal, fresh air enters Persons delivering documents are (1) The Matewan Tunnel is a straight, in the No. 1 entry and travels to the required to check in at the receptionist’s three-entry tunnel mine developed in No. 11 crosscut and splits. A small desk in Suite 4E401. Individuals may 1998. The mine has been non-producing portion of the air goes to entry Nos. inspect copies of the petition and since 1998. At the time of development, 2 and 3 from crosscut No. 11 back to comments during normal business the sole purpose of the project was to the surface at the Rocklick Portal. The hours at the address listed above. provide an excavation to install a remaining air flows to the Harris

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Portal from crosscuts 11 to 75 in all transport and return. The design combustion (i.e., CO by CO monitors on three entries. The air in the Matewan greatly reduces any spillage and the belt). Tunnel is considered intake common accumulations in the mine. (b) A daily functional (bump) test of air. —Self-Contained Self-Rescuer caches at least one sensor will be conducted for —The existing belt, which is believed to are stored at breaks 14, 28, 37, 42, 56, CO in addition to the weekly functional have been installed between 2005 and and 70. There are also emergency test required under 30 CFR 75.1103–8. 2007, is in working condition with barricade materials kept in the No. 3 There are 13 sensors, which are checked little wear. There are no belt drives, entry. every 13 days, with a different sensor to tails, or dumping points in the tunnel. —The Matewan Tunnel also has be bump tested each day. emergency lifelines throughout. The belt runs one shift per day, (c) The operator will train miners on Further, the following significant fire approximately 8 to 9 hours. At the the location of Part 18 belt and interim detection and fire-fighting devices are Harris Portal, an additional 1,250 feet safety measures being taken herein and in the mine: of conveyor takes the belt to the Black revise instruction under 30 CFR 75.1502 Oak Mine surface loading point. At (1) The beltline has 13 smoke as appropriate. the Rocklick Portal, about 500 feet of detection and carbon monoxide (CO) (d) A daily visual inspection of all fire conveyor belt takes the coal to the raw sensors spaced approximately every 5 to suppression systems will be conducted coal pile. 6 breaks. The CO sensors are currently by a qualified person. —The Matewan Tunnel has numerous set to ‘‘low alarm’’ at 5 parts per safety features at or above the millions (ppm) and ‘‘high alarm’’ at 10 (e) The operator will install a minimum standards, including: ppm, far below levels that present any ‘‘waterwall system’’ every 2,000 feet that (a) Connecting crosscuts are open danger to miners. The CO monitoring will be tapped into the CO monitoring every 600 feet, on each stopping line. system will be shut off by the dispatcher system. The waterwall will activate at (b) Carbon monoxide monitors every if the belt hits ‘‘high alarm’’ and the 50 ppm of CO. The waterwall will 1,000 feet. sensor will be checked if it hits ‘‘low provide a minimum of 50 psi and 45 (c) The conveyor has belt alignment alarm.’’ GPM of water curtain from roof to floor rollers every 1,000 feet. (2) The two-man ride used to examine and rib to rib. (d) Fire taps located every 300 feet. the belt has self-rescuers and separate (f) Except during the on-shift exam, Hoses are located at breaks #1, 37, and fire extinguishers. the belt will be cleared of coal and will 74, which exceeds the minimum —The only alternative to using the run empty during examinations. requirements. Matewan Tunnel belt will be to truck Examinations generally take less than (f) Two-way communications (pager Black Oak Mine coal to Rocklick. This one hour. Currently, the belt runs phones) are located underground at will significantly increase the number approximately 8–9 hours a day. every seventh break throughout the of trucks on Route 85 in Boone (g) Other than replacing water pumps, mine. The control room operator at County between Black Oak and no motors, electrical equipment, or belt Rocklick monitors the communication Rocklick Preparation Plant. The drives will be added underground and system. Two-way wireless radios worn increase in trucks going in and out of no changes will be made to the belt by the surface employees can the Rocklick Preparation Plant will configuration or layout while this communicate with the examiner also add congestion to the load out petition is in effect. underground. traffic flow. (h) Examiners will enter the mine (g) The roadways are graveled. —The operator has not experienced any from the Harris Portal at the downwind (h) Emergency belt stop switches safety issues with the conveyor belt in side so the examiner is traveling every seventh break. the Matewan Tunnel nor has it towards the fan. From entries 75 to 11, (i) No violations have been issued on received any 30 CFR 75.400 citations the examiner will be traveling into fresh the belt since May 19, 1998. for accumulations of combustible air. From crosscut No. 11 to the —Certified examiners travel the belt materials during current ownership. Rocklick Portal, fresh air will come from entry on a two-man rubber ride to The operator has not experienced any behind the examiner for those 11 breaks. examine the belt twice per shift and fire related issues on the conveyor (i) Examiners will be trained to record those findings in the required belt at the Matewan Tunnel nor has it immediately notify the dispatcher in the examination books. experienced any significant issues event of CO detection. Radio contact is —Normally, Matewan Tunnel operates with rollers on the belt in the established throughout the Matewan with only one miner underground Matewan Tunnel beyond routine Tunnel beltline. Should a fire be while the belt is running. The maintenance. encountered and not extinguished examiner of the Matewan Tunnel is a —Based on a chemical laboratory according to the Mine Act, the examiner certified foreman and electrician. analysis, the belt has been confirmed will withdraw from the Matewan Examinations take about 1 hour per to be Part 18 compliant. The belt has Tunnel and notify MSHA as required shift. When necessary, a certified not been tested for Part 14 compliance under applicable law. miner helps with maintenance and due to the operator’s difficulty in finding an appropriate testing facility. (j) If the CO detection system is down, other tasks in the mine. the belt will not operate until necessary —There are no belt drives, tailpieces, or The petitioner proposes the following repairs have been made. electric motors inside the Matewan alternative method of achieving the Tunnel. The belt only runs through purposes of the standard: (k) All necessary replacements to belt the mine on conveyor structure and (a) Prior to a qualified person entering will be Part 14 compliant. rollers. the mine, the CO system data from the (l) The belt will not be in operation —The belt is approximately 1 inch prior 2 hours will be monitored for any while most maintenance is conducted thick, 42 inches wide and has steel sign of combustion. At the end of coal on the beltline. cable imbedded in the belt. The belt transport each day (fire run), the CO The petitioner asserts that the at each end is turned over so that the system data from the prior 4 hours will proposed alternative method will coal side is always facing up on be monitored for any signs of provide no less than the same measure

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of protection afforded the miners under Arlington, VA 22202–5452. Sign in at (5) The names, addresses, and the existing standard. the receptionist’s desk on the 4th floor telephone numbers, of any additional or via the East elevator. alternate representatives to serve in his Roslyn Fontaine, FOR FURTHER INFORMATION CONTACT: or her absence. Acting Director, Office of Standards, (6) A statement that copies of all Regulations, and Variances. Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and information filed pursuant to this [FR Doc. 2020–12962 Filed 6–15–20; 8:45 am] Variances, MSHA, at section have been delivered to the BILLING CODE 4520–43–P [email protected] operator of the affected mine, prior to, (email); (202) 693–9440 (voice); or (202) or concurrently with, the filing of this statement. DEPARTMENT OF LABOR 693–9441 (facsimile). SUPPLEMENTARY INFORMATION: (7) A statement certifying that all information filed is true and correct Mine Safety and Health Administration I. Background followed by the signature of the [OMB Control No. 1219–0042] Section 103(h) of the Federal Mine representative of miners. Safety and Health Act of 1977 (Mine Title 30 CFR 40.4 requires that a copy Proposed Extension of Information Act), 30 U.S.C. 813(h), authorizes of the information provided the mine Collection; Representative of Miners, MSHA to collect information necessary operator pursuant to section 40.3 be Notification of Legal Identity, and to carry out its duty in protecting the posted upon receipt by the operator on Notification of Commencement of safety and health of miners. Further, the mine bulletin board and maintained Operations and Closing of Mines section 101(a) of the Mine Act, 30 U.S.C. in a current status. Once the required information has been filed, a AGENCY: 811, authorizes the Secretary of Labor Mine Safety and Health representative retains his or her status Administration, Labor. (Secretary) to develop, promulgate, and revise as may be appropriate, improved unless and until his or her designation ACTION: Request for public comments. mandatory health or safety standards for is terminated. Under section 40.5, a representative SUMMARY: The Department of Labor, as the protection of life and prevention of who is unable to comply with the part of its continuing effort to reduce injuries in coal or other mines. Below requirements of Part 40 must file a paperwork and respondent burden, are explained regulatory provisions written statement with the appropriate conducts a pre-clearance consultation relevant to this request for collection of MSHA district manager terminating his program to provide the general public information. Representative of Miners. The Mine or her designation. and Federal agencies with an Notification of Mine Operator’s Legal opportunity to comment on proposed Act establishes miners’ rights that may be exercised through a representative. Identity. Section 109(d) of the Mine Act collections of information in accordance requires each operator of a coal or other with the Paperwork Reduction Act of Title 30, Code of Federal Regulations (30 CFR) part 40 contains procedures mine to file with the Secretary, the 1995. This program helps to ensure that name and address of such mine, the requested data can be provided in the that a person or organization must follow to be identified by the Secretary name and address of the person who desired format, reporting burden (time controls or operates the mine, and any and financial resources) is minimized, as a representative of miners. The regulations define what is meant by changes in such names and addresses. collection instruments are clearly MSHA’s regulations in 30 CFR part 41 understood, and the impact of collection ‘‘representative of miners,’’ a term that is not defined in the Mine Act. provides for the mandatory use of requirements on respondents can be MSHA Form 2000–7, Legal Identity properly assessed. Currently, the Mine Title 30 CFR 40.2 requires a representative of miners to file the Report, for notifying MSHA of the legal Safety and Health Administration identity of the mine operator. The legal (MSHA) is soliciting comments on the information specified in section 40.3 with the MSHA district manager and the identity of a mine operator is information collection for: (1) mine operator. Title 30 CFR 40.3 fundamental to enable the Secretary to Designation of miner representative; (2) requires the following information to be properly ascertain the identity of notification of mine operator’s legal filed with MSHA: persons and entities charged with identity; and (3) notification of (1) The name, address, and telephone violations of mandatory standards. It is commencement of operations and number of the representative of miners. also used in the assessment of civil closing of mines. If the representative is an organization, penalties. Because of turnover in mining DATES: All comments must be received the name, address, and telephone company ownership, and because of the on or before August 17, 2020. number of the organization and the title statutory considerations regarding ADDRESSES: Comments concerning the of the person or position, who is to penalty assessments, the operator is information collection requirements of serve as the representative, and his or required to file information regarding this notice may be sent by any of the her telephone number. ownership interest in other mines held methods listed below. (2) The name and address of the by the operator and relevant persons in • Federal E-Rulemaking Portal: operator of the mine where the a partnership, corporation, or other http://www.regulations.gov. Follow the represented miners work and the name, organization. This information is also on-line instructions for submitting address, and MSHA identification necessary to the Department of Labor’s comments for docket number MSHA– number, if known, of the mine. Office of the Solicitor in determining 2020–0019. (3) A copy of the document proper parties to actions arising under • Regular Mail: Send comments to evidencing the designation of the the Mine Act. USDOL–MSHA, Office of Standards, representative. Additionally, MSHA Form 7000–51, Regulations, and Variances, 201 12th (4) A statement that the person or Mine Operator Identification Request, is Street South, Suite 4E401, Arlington, position named as the representative of used to allow mine operators to request VA 22202–5452. miners is the representative for all an MSHA mine identification number • Hand Delivery: USDOL–Mine purposes of the Act; or if the for each mine. Mine operators request Safety and Health Administration, 201 representative’s authority is limited, a mine identification numbers prior to 12th Street South, Suite 4E401, statement of the limitation. completing and submitting the required

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MSHA Form 2000–7. Therefore, comments, including personal NATIONAL ARCHIVES AND RECORDS allowing mine operators to submit information provided, will be made ADMINISTRATION MSHA Form 7000–51 electronically available on www.regulations.gov and [NARA–2020–048] facilitates this process. www.reginfo.gov. Notification of Commencement of Agency Information Collection Operations and Closing of Mines. Under The public may also examine publicly available documents at USDOL–Mine Activities: Submission for OMB 30 CFR 56.1000 and 57.1000, operators Review; Comment Request of metal and nonmetal mines must Safety and Health Administration, 201 notify MSHA when the operation of a 12th South, Suite 4E401, Arlington, VA AGENCY: National Archives and Records mine will commence or when a mine is 22202–5452. Sign in at the receptionist’s Administration (NARA). closed. Openings and closings of mines desk on the 4th floor via the East ACTION: Notice. are dictated by the economic strength of elevator. the mined commodity, and by weather Questions about the information SUMMARY: We have submitted to OMB conditions prevailing at the mine site collection requirements may be directed for approval our request to continue to during various seasons. to the person listed in the FOR FURTHER use the information collections described in this notice, consisting of MSHA must be made aware of mine INFORMATION section of this notice. openings and closings so that its National Archives Trust Fund (NATF) resources can be used efficiently in III. Current Actions order forms for genealogical research in achieving the requirements of the Mine the National Archives. The NATF forms Act. Section 103(a) of the Mine Act This request for collection of included in this information collection requires that each underground mine be information is necessitated by are: NATF 84, National Archives Order inspected in its entirety at least four regulatory provisions concerning for Copies of Land Entry Files; NATF times a year, and each surface mine at representative of miners, notification of 85, National Archives Order for Copies least two times per year. Mines that mine operator’s legal identity, and of Pension or Bounty Land Warrant operate only during warmer weather notification of commencement of Applications; and NATF 86, National must be scheduled for inspection during operations and closing of mines. MSHA Archives Order for Copies of Military the spring, summer, and autumn has updated the data with respect to the Service Records. We invite you to seasons. Mines are sometimes located a number of respondents, responses, comment on the proposed extensions. great distance from MSHA field offices burden hours, and burden costs DATES: OMB must receive written and the notification required by this supporting this information collection comments on or before July 16, 2020. standard can prevent wasted time and request. ADDRESSES: Send comments and trips. Type of Review: Extension, without recommendations for the proposed II. Desired Focus of Comments change, of a currently approved information collections to collection. www.reginfo.gov/public/do/PRAMain by MSHA is soliciting comments July 16, 2020. Find these particular concerning the proposed information Agency: Mine Safety and Health information collections by selecting collection related to representative of Administration. ‘‘Currently under 30-day Review—Open miners, notification of mine operator’s OMB Number: 1219–0042. for Public Comments’’ or by using the legal identity, and notification of search function. commencement of operations and Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: closing of mines. MSHA is particularly profit. Contact Tamee Fechhelm, Paperwork interested in comments that: Number of Respondents: 13,044. • Reduction Act Officer, by email at Evaluate whether the collection of Frequency: On occasion. information is necessary for the proper [email protected] or by performance of the functions of the Number of Responses: 10,344. telephone at 301.837.1694 with requests for additional information or copies of Agency, including whether the Annual Burden Hours: 1,965 hours. the proposed information collection and information has practical utility; Annual Respondent or Recordkeeper • Evaluate the accuracy of MSHA’s supporting statement. Cost: $838. estimate of the burden of the collection SUPPLEMENTARY INFORMATION: Pursuant of information, including the validity of MSHA Forms: MSHA Form 2000–7, to the Paperwork Reduction Act of 1995 the methodology and assumptions used; Legal Identity Report; MSHA Form (Pub. L. 104–13), we invite the general • Suggest methods to enhance the 7000–51, Mine Operator Identification public and other Federal agencies to quality, utility, and clarity of the Request; MSHA Form 2000–238, comment on proposed information information to be collected; and Representative of Miners Designation collections. We published a notice of • Minimize the burden of the Form. proposed collection for these collection of information on those who information collections on April 8, 2020 Comments submitted in response to are to respond, including through the (85 FR 19778) and we received no use of appropriate automated, this notice will be summarized and comments. We have therefore submitted electronic, mechanical, or other included in the request for Office of the described information collections to technological collection techniques or Management and Budget approval of the OMB for approval. other forms of information technology, information collection request; they will You should address one or more of e.g., permitting electronic submission of also become a matter of public record. the following points in any comments or responses. Roslyn B. Fontaine, suggestions you submit: (a) Whether the The information collection request proposed information collections are will be available on http:// Certifying Officer. necessary for NARA to properly perform www.regulations.gov. MSHA cautions [FR Doc. 2020–12933 Filed 6–15–20; 8:45 am] its functions; (b) our estimates of the the commenter against providing any BILLING CODE 4510–43–P burden of the proposed information information in the submission that collections and their accuracy; (c) ways should not be publicly disclosed. Full we could enhance the quality, utility,

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and clarity of the information we forms or in letters certain information of dependents of service personnel and collect; (d) ways we could minimize the about the veteran and the nature of the hospitalization records of military burden on respondents of collecting the request. personnel must complete NA Form information, including through 2. Title: Court Order Requirements. 13042, Request for Information Needed information technology; and (e) whether OMB number: 3095–0038. to Locate Medical Records, so that these collections affect small businesses. Agency form number: NA Form NPRC staff can locate the desired All comments will become a matter of 13027. records. Certain types of information public record. Type of review: Regular. contained in military personnel and In this notice, we solicit comments Affected public: Veterans and former medical records are restricted from concerning the following information Federal civilian employees, their disclosure unless the veteran provides a collections: authorized representatives, state and more specific release authorization than local governments, and businesses. is normally required. Veterans must Collection 1 Estimated number of respondents: complete NA Form 13036, 1. Title: Request To Use Personal 5,000. Authorization for Release of Military Paper-to-Paper Copiers at the National Estimated time per response: 15 Medical Patient Records, to authorize Archives at the College Park Facility. minutes. release to a third party of a restricted OMB number: 3095–0035. Frequency of response: On occasion. type of information found in the desired Agency form number: None. Estimated total annual burden hours: record. For those who have already Type of review: Regular. 1,250 hours. made a request, and want to check the Affected public: Business or other for- Abstract: We use the NA Form 13027, status, they can use NA Form 13177, profit. Court Order Requirements, to advise Check the Status of a Clinical & Medical Estimated number of respondents: 5. requesters of (1) the correct procedures Treatment Records Request. Estimated time per response: 3 hours. to follow when requesting certified Frequency of response: On occasion. Swarnali Haldar, Estimated total annual burden hours: copies of records for use in civil litigation or criminal actions in courts of Executive for Information Services/CIO. 15 hours. [FR Doc. 2020–12890 Filed 6–15–20; 8:45 am] Abstract: The information collection law, and (2) the information they need BILLING CODE 7515–01–P is prescribed by 36 CFR 1254.86. to provide so we may identify the Respondents are organizations that want correct records. to make paper-to-paper copies of 3. Title: Authorization for Release of NATIONAL ARCHIVES AND RECORDS archival holdings with their personal Military Medical Patient Records; ADMINISTRATION copiers. NARA uses the information to Request for Information Needed to determine whether the request meets Locate Medical Records; Request for [NARA–2020–049] the criteria in 36 CFR 1254.86 and to Information Needed to Reconstruct State, Local, Tribal, and Private Sector schedule the limited space available. Medical Data; Questionnaire about Military Service; and Check the Status Policy Advisory Committee (SLTPS– Collections 2 and 3 of a Clinical & Medical Treatment PAC); Meeting The following two information Records Request. AGENCY: Information Security Oversight collections relate to requests for OMB number: 3095–0039. Office (ISOO), National Archives and documents or information from former Agency form number: NA Forms Records Administration (NARA). 13036, 13042, 13055, 13075, and 13177. military personnel and medical records, ACTION: Notice of Federal advisory military personnel and family medical Type of review: Regular. committee meeting. records, or personnel and medical Affected public: Veterans, their records of former Federal civilian authorized representatives, state and SUMMARY: We are announcing an employees. Both of these information local governments, and businesses. upcoming meeting of the State, Local, collections are prescribed by 36 CFR Estimated number of respondents: Tribal, and Private Sector Policy 1228.164. In accordance with rules 79,800. Advisory Committee (SLTPS–PAC) in issued by the Office of Personnel Estimated time per response: 5 accordance with the Federal Advisory Management, NARA’s National minutes. Committee Act and implementing Personnel Records Center (NPRC) Frequency of response: On occasion regulations. administers Official Personnel Folders (when respondent wishes to request DATES: The meeting will be on July 29, (OPF) and Employee Medical Folders information from military personnel, 2020, from 10:00 a.m. to 12:00 p.m. (EMF) of former Federal civilian military medical, or dependent medical employees. In addition, in accordance records). ADDRESSES: The July 29, 2020, meeting with rules issued by the Department of Estimated total annual burden hours: will be a virtual meeting. See Defense and the Department of 6,650 hours. supplementary procedures below. Transportation (U.S. Coast Guard), Abstract: A major fire at the NPRC on FOR FURTHER INFORMATION CONTACT: NPRC also administers military July 12, 1973, destroyed numerous Robert J. Skwirot, ISOO Senior Program personnel and medical records of military records. If individuals’ requests Analyst, by telephone at 202.357.5398, veterans after discharge, retirement, and involve records or information from or by email at [email protected]. death, as well as the medical records of records that may have been lost in the Contact ISOO at [email protected]. current members of the Armed Forces fire, we may ask requestors to complete SUPPLEMENTARY INFORMATION: This and dependents of Armed Forces NA Form 13075, Questionnaire about virtual meeting is open to the public in personnel. When veterans, dependents, Military Service, or NA Form 13055, accordance with the Federal Advisory and other authorized individuals Request for Information Needed to Committee Act (5 U.S.C. app 2) and request information from or copies of Reconstruct Medical Data, so that NPRC implementing regulations at 41 CFR documents in military personnel, staff can search alternative sources to 101–6. The Committee will discuss military medical, and dependent reconstruct the requested information. matters relating to the classified medical records, they must provide on Requesters who ask for medical records national security information program

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for state, local, tribal, and private sector nrc.gov. The letter of acceptance is Finally, the Commission will entities. available in ADAMS under Accession announce in a future Federal Register Procedures: Please submit the name, No. ML20149K616. notice of hearing and opportunity to email address, and telephone number of • NRC’s Public Website: The petition for leave to intervene as people planning to attend to Robert combined license application is required by 10 CFR 52.85. Skwirot at ISOO (contact information available under the NRC’s Aurora—Oklo Dated: June 10, 2020. Application public website at https:// above) no later than Wednesday, July For the Nuclear Regulatory Commission. 22, 2020. We will provide meeting www.nrc.gov/reactors/new-reactors/ Jan M. Mazza, access information to those who advanced/oklo.html. register. FOR FURTHER INFORMATION CONTACT: Jan Project Manager, Advanced Reactors Mazza, Office of Nuclear Reactor Licensing Branch, Division of Advanced Reactors and Non-Power Production and Maureen MacDonald, Regulation, U.S. Nuclear Regulatory Designated Committee Management Officer. Utilization Facilities, Office of Nuclear Commission, Washington, DC 20555– Reactor Regulation. [FR Doc. 2020–12905 Filed 6–15–20; 8:45 am] 0001; telephone: 301–415–0498; email: [FR Doc. 2020–12903 Filed 6–15–20; 8:45 am] BILLING CODE 7515–01–P [email protected]. BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: I. Discussion NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION On March 11, 2020, Oklo filed with COMMISSION the NRC pursuant to Section 103 of the [Docket No. 52–049; NRC–2020–0088] Atomic Energy Act and part 52 of title [NRC–2020–0139] Oklo Power LLC 10 of the Code of Federal Regulations (10 CFR), ‘‘Licenses, Certifications, and Information Collection: Disposal of AGENCY: Nuclear Regulatory Approvals for Nuclear Power Plants,’’ High-Level Radioactive Waste in a Commission. an application for a combined license Geologic Repository at Yucca ACTION: Combined license application; for one micro-reactor at the Idaho Mountain, Nevada acceptance for docketing. National Laboratory located in Idaho. The reactor is to be identified as the AGENCY: Nuclear Regulatory SUMMARY: The U.S. Nuclear Regulatory Aurora. Commission. Commission (NRC) staff accepts and A notice of receipt and availability of ACTION: Renewal of existing information dockets an application for a combined this application was previously collection; request for comment. license (COL) submitted by Oklo Power published in the Federal Register on LLC (Oklo), a subsidiary of Oklo, Inc. April 3, 2020 (85 FR 19032). SUMMARY: The U.S. Nuclear Regulatory dated March 11, 2020. The reactor is to The NRC staff has determined that Commission (NRC) invites public be identified as the Aurora. The Docket Oklo has submitted information in comment on the renewal of Office of Number established for this application accordance with 10 CFR part 2, ‘‘Agency Management and Budget (OMB) is 52–049. Rules of Practice and Procedure,’’ and approval for an existing collection of 10 CFR part 52 that is acceptable for DATES: This action became effective on information. The information collection docketing. The Docket Number June 5, 2020. is entitled: ‘‘Disposal of High-Level established for this application is 52– Radioactive Waste in a Geologic ADDRESSES: Please refer to Docket ID 049. Repository at Yucca Mountain, NRC–2020–0088 when contacting the The NRC staff will perform a detailed Nevada.’’ NRC about the availability of technical review of the application. information regarding this document. Docketing of the application does not DATES: Submit comments by August 17, You may obtain publicly-available preclude the NRC from requesting 2020. Comments received after this date information related to this document additional information from the will be considered if it is practical to do using any of the following methods: applicant as the review proceeds, nor so, but the Commission is able to ensure • Federal Rulemaking Website: Go to does it predict whether the Commission consideration only for comments https://www.regulations.gov and search will grant or deny the application. The received on or before this date. for Docket ID NRC–2020–0088. Address Commission will conduct a hearing in ADDRESSES: You may submit comments questions about NRC docket IDs in accordance with subpart L, ‘‘Informal by any of the following methods: Regulations.gov to Jennifer Borges; Hearing Procedures for NRC • Federal Rulemaking Website: Go to telephone: 301–287–9127; email: Adjudications,’’ of 10 CFR part 2 and https://www.regulations.gov and search [email protected]. For technical will receive a report on the COL for Docket ID NRC–2020–0139. For questions, contact the individuals listed application from the Advisory technical questions, contact the in the FOR FURTHER INFORMATION Committee on Reactors Safeguards in individual listed in the FOR FURTHER CONTACT section of this document. accordance with 10 CFR 52.87, ‘‘Referral INFORMATION CONTACT section of this • NRC’s Agencywide Documents to the Advisory Committee on Reactors document. Access and Management System Safeguards (ACRS).’’ If the Commission • Mail comments to: David Cullison, (ADAMS): You may obtain publicly- finds that the COL application meets the Office of the Chief Information Officer, available documents online in the applicable standards of the Atomic Mail Stop: T–6 A10M, U.S. Nuclear ADAMS Public Documents collection at Energy Act and the Commission’s Regulatory Commission, Washington, https://www.nrc.gov/reading-rm/ regulations, and that required DC 20555–0001. adams.html. To begin the search, select notifications to other agencies and For additional direction on obtaining ‘‘Begin Web-based ADAMS Search.’’ For bodies have been made, the Commission information and submitting comments, problems with ADAMS, please contact will issue a COL, in the form and see ‘‘Obtaining Information and the NRC’s Public Document Room (PDR) containing conditions and limitations Submitting Comments’’ in the reference staff at 1–800–397–4209, 301– that the Commission finds appropriate SUPPLEMENTARY INFORMATION section of 415–4737, or by email to pdr.resource@ and necessary. this document.

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FOR FURTHER INFORMATION CONTACT: comment submissions to remove such a representative capacity. The David Cullison, Office of the Chief identifying or contact information. information submitted by the State of Information Officer, U.S. Nuclear If you are requesting or aggregating Nevada, local governments, or affected Regulatory Commission, Washington, comments from other persons for Indian Tribes is used by the Director of DC 20555–0001; telephone: 301–415– submission to the NRC, then you should the Office of Nuclear Material Safety 2084; email: Infocollects.Resource@ inform those persons not to include and Safeguards as a basis for decisions nrc.gov. identifying or contact information that about the commitment of the NRC staff they do not want to be publicly resources to the consultation and SUPPLEMENTARY INFORMATION: disclosed in their comment submission. participation efforts. I. Obtaining Information and Your request should state that the NRC III. Specific Requests for Comments Submitting Comments does not routinely edit comment submissions to remove such information The NRC is seeking comments that A. Obtaining Information before making the comment address the following questions: Please refer to Docket ID NRC–2020– submissions available to the public or 1. Is the proposed collection of 0139 when contacting the NRC about entering the comment into ADAMS. information necessary for the NRC to the availability of information for this properly perform its functions? Does the I. Background action. You may obtain publicly- information have practical utility? available information related to this In accordance with the Paperwork 2. Is the estimate of the burden of the action by any of the following methods: Reduction Act of 1995 (44 U.S.C. information collection accurate? • Federal Rulemaking Website: Go to Chapter 35), the NRC is requesting 3. Is there a way to enhance the https://www.regulations.gov and search public comment on its intention to quality, utility, and clarity of the for Docket ID NRC–2020–0139. A copy request renewal of OMB’s existing information to be collected? of the collection of information and approval for the information collection 4. How can the burden of the related instructions may be obtained summarized below. This renewal occurs information collection on respondents without charge by accessing Docket ID every three years, as specified under the be minimized, including the use of NRC–2020–0139 on this website. Paperwork Reduction Act. automated collection techniques or • NRC’s Agencywide Documents 1. The title of the information other forms of information technology? Access and Management System collection: 10 CFR part 63, ‘‘Radioactive Dated: June 11, 2020. Wastes in a Geologic Repository at (ADAMS): You may obtain publicly- For the Nuclear Regulatory Commission. Yucca Mountain, Nevada.’’ available documents online in the David C. Cullison, ADAMS Public Documents collection at 2. OMB approval number: 3150–0199. 3. Type of submission: Extension. NRC Clearance Officer, Office of the Chief https://www.nrc.gov/reading-rm/ 4. The form number, if applicable: Information Officer. adams.html. To begin the search, select Not applicable. [FR Doc. 2020–12921 Filed 6–15–20; 8:45 am] ‘‘Begin Web-based ADAMS Search.’’ For 5. How often the collection is required BILLING CODE 7590–01–P problems with ADAMS, please contact or requested: One time. the NRC’s Public Document Room (PDR) 6. Who will be required or asked to reference staff at 1–800–397–4209, 301– respond: The State of Nevada, local NUCLEAR REGULATORY 415–4737, or by email to pdr.resource@ governments, or affected Indian Tribes, COMMISSION nrc.gov. The supporting statement is or their representatives, requesting available in ADAMS under Accession [Docket Nos. 50–331; 50–445; 50–446; 50– consultation with the NRC staff 341; 50–261; 50–354; 50–272; 50–311; 50– No. ML20126G261. regarding review of the potential high- • 284; 50–166; 50–020; 50–184; 50–277; 50– NRC’s Clearance Officer: A copy of level waste geologic repository site, or 278; 50–186; 50–424; 50–425; NRC–2020– the collection of information and related wishing to participate in a license 0110] instructions may be obtained without application review for the potential charge by contacting NRC’s Clearance geologic repository. Issuance of Multiple Exemptions in Officer, David Cullison, Office of the 7. The estimated number of annual Response to COVID–19; Public Health Chief Information Officer, U.S. Nuclear responses: 12. Emergency Regulatory Commission, Washington, 8. The estimated number of annual AGENCY: Nuclear Regulatory DC 20555–0001; telephone: 301–415– respondents: 12. Commission. 2084; email: Infocollects.Resource@ 9. The estimated number of hours nrc.gov. needed annually to comply with the ACTION: Exemptions; issuance. information collection requirement or B. Submitting Comments SUMMARY: The U.S. Nuclear Regulatory request: 1,452. Commission (NRC) issued 16 Please include Docket ID NRC–2020– 10. Abstract: Part 63 of title 10 of the exemptions in response to requests from 0139 in the subject line of your Code of Federal Regulations (10 CFR), 12 licensees. The exemptions allow comment submission, in order to ensure requires the State of Nevada, local these licensees temporary relief from that the NRC is able to make your governments, or affected Indian Tribes certain requirements under NRC comment submission available to the to submit information to the NRC that regulations. The exemptions are in public in this docket. describes their request for any response to the COVID–19 public health consultation with the NRC staff The NRC cautions you not to include emergency (PHE). The NRC is issuing a concerning review of the potential identifying or contact information in single notice to announce the issuance repository site, or NRC’s facilitation for comment submissions that you do not of the exemptions. want to be publicly disclosed in your their participation in a license comment submission. The NRC will application review for the potential DATES: The 16 exemptions were issued post all comment submissions at https:// repository. Representatives of the State between May 7, 2020, and May 29, www.regulations.gov as well as enter the of Nevada, local governments, or 2020. comment submissions into ADAMS, affected Indian Tribes must submit a ADDRESSES: Please refer to Docket ID and the NRC does not routinely edit statement of their authority to act in NRC–2020–0110 when contacting the

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NRC about the availability of protection fit-tests while ensuring the The exemptions from certain information regarding this document. safety of its workers. requirements of 10 CFR part 73 for Duke You may obtain publicly-available The exemption from certain Energy Progress, LLC (for the H. B. information related to this document requirements of 10 CFR part 26 for DTE Robinson Steam Electric Plant, Unit 2); using any of the following methods: Electric Company (for Fermi 2) allows Exelon Generation Company, LLC (for • Federal Rulemaking Website: Go to the licensee temporary relief from the the Peach Bottom Atomic Power https://www.regulations.gov and search work-hour controls under 10 CFR Station, Units 2 and 3); PSEG Nuclear for Docket ID NRC–2020–0110. Address 26.205(d)(1) through (d)(7). The licensee LLC (for the Hope Creek Generating questions about NRC docket IDs in stated that its staffing levels are affected Station and Salem Nuclear Generating Regulations.gov to Jennifer Borges; or are expected to be affected by the Station, Units 1 and 2); NextEra Energy telephone: 301–287–9127; email: COVID–19 PHE, and it can no longer Duane Arnold, LLC (for the Duane [email protected]. For technical meet or likely will not meet the work- Arnold Energy Center); Southern questions, contact the individual listed hour controls of 10 CFR 26.205(d)(1) Nuclear Operating Company, Inc. (for in the FOR FURTHER INFORMATION through (d)(7). The licensee has the Vogtle Electric Generating Plant, CONTACT section of this document. committed to implementing site-specific Units 1 and 2); and Vistra Operations • NRC’s Agencywide Documents administrative controls for COVID–19 Company, LLC (for the Comanche Peak Access and Management System PHE fatigue-management for personnel Nuclear Power Plant, Units 1 and 2), (ADAMS): You may obtain publicly- specified in 10 CFR 26.4(a). This allow these licensees temporary available documents online in the temporary exemption from certain exemptions from certain requirements ADAMS Public Documents collection at requirements of 10 CFR part 26 ensures of 10 CFR part 73, Appendix B, https://www.nrc.gov/reading-rm/ that the licensee’s control of work hours ‘‘General Criteria for Security adams.html. To begin the search, select and management of worker fatigue do Personnel,’’ Section VI. The exemptions ‘‘Begin Web-based ADAMS Search.’’ For not unduly limit licensee flexibility in will help to ensure that these regulatory problems with ADAMS, please contact using personnel resources to most requirements do not unduly limit the NRC’s Public Document Room (PDR) effectively manage the impacts of the licensee flexibility in using personnel reference staff at 1–800–397–4209, 301– COVID–19 PHE on maintaining the safe resources in a manner that most 415–4737, or by email to pdr.resource@ operation of this facility. effectively manages the impacts of the nrc.gov. The exemptions from certain COVID–19 PHE on maintaining the safe For the convenience of the reader, requirements of 10 CFR part 55 for and secure operation of these facilities instructions about obtaining materials Idaho State University (for its research and the implementation of a licensee’s referenced in this document are reactor); Massachusetts Institute of NRC-approved security plans, protective provided in the ‘‘Availability of Technology (for its research reactor); strategy, and implementing procedures. Documents’’ section. National Institute of Standards and These licensees have committed to FOR FURTHER INFORMATION CONTACT: Technology (for its test reactor); PSEG certain security measures to ensure James Danna, Office of Nuclear Reactor Nuclear LLC (for the Hope Creek response readiness and for their security Regulation, U.S. Nuclear Regulatory Generating Station and Salem Nuclear personnel to maintain performance Commission, Washington DC 20555– Generating Station, Units 1 and 2); and capability. 0001; telephone: 301–415–7422, email: University of Maryland (for its training The NRC is providing compiled tables [email protected]. reactor) allow these licensees temporary of exemptions using a single Federal SUPPLEMENTARY INFORMATION: exemptions from requirements related Register notice for COVID–19-related to licensed operator requalification exemptions instead of issuing I. Introduction program scheduling (under 10 CFR individual Federal Register notices for The NRC issued 16 exemptions to 12 55.59(a)(1), 10 CFR 55.59(a)(2), and 10 each exemption. The compiled tables licensees in response to requests dated CFR 55.59(c)(1)); licensed operator below provide transparency regarding between April 30, 2020, and May 21, active status for research and test the number of exemptions the NRC is 2020. These exemptions temporarily reactors (under 10 CFR 55.53(e)); and issuing. Additionally, the NRC allow the licensees to deviate from delays in completion of biennial publishes tables of approved regulatory certain requirements (as cited below) of medical examinations of licensed actions related to the COVID–19 PHE on various parts of chapter I of Title 10 of operators and senior operators (under 10 its public website at https:// the Code of Federal Regulations (10 CFR 55.21 and 10 CFR 55.53(i)). These www.nrc.gov/about-nrc/covid-19/ CFR). licensees have committed to reactors/licensing-actions.html. The exemption from certain compensatory measures to address the II. Availability of Documents requirements of 10 CFR part 20 for the delay in receipt of recommendations University of Missouri–Columbia (for its from a licensed physician concerning The tables below provide the facility research reactor) allows the licensee their licensed operator’s health. These name, docket number, document title, temporary relief from the respirator fit- licensees have also committed to and ADAMS accession number for each testing requirements of 10 CFR implement a program to evaluate exemption issued. Additional details on 20.1703(c)(6). This temporary operator performance in the facility and each exemption issued, including the exemption does not conflict with control room to identify and correct exemption request submitted by the practices recommended by the Centers operator performance issues in a timely respective licensee and the NRC’s for Disease Control and Prevention to manner. Lastly, the research, training, decision, are provided in each limit the spread of COVID–19. The and test reactor licensees committed to exemption approval listed on the tables licensee has committed to implement a use alternative measures for the hours below. For additional directions on licensee-specific process to manage any under the 4-hour minimum of 10 CFR accessing information in ADAMS, see personnel with overdue respiratory 55.53(e). the ADDRESSES section of this document.

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DUANE ARNOLD ENERGY CENTER—DOCKET NO. 50–331

Document title ADAMS accession No.

Duane Arnold Energy Center—Exemption Request for Security Training Requirements Due to COVID–19 Pan- ML20122A130 (non-public, demic, dated May 1, 2020. withheld under 10 CFR 2.390). Duane Arnold Energy Center—Response to Request for Additional Information Regarding Exemption Request for ML20141L497. Security Training Requirements Due to COVID–19 Pandemic, dated May 20, 2020. Duane Arnold Energy Center—Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, ML20139A006. ‘‘General Criteria for Security Personnel,’’ Section VI (EPID L–2020–LLE–0042 to L–2020–LLE–0045 and L– 2020–LLE–0051 [COVID–19]), dated May 26, 2020.

COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2—DOCKET NOS. 50–445 AND 50–446

Document title ADAMS accession No.

CPNPP COVID–19 Part 73 Security Training Exemption Request, dated May 14, 2020 ...... ML20135H233 (non-public, withheld under 10 CFR 2.390). Comanche Peak Nuclear Power Plant, Units 1 and 2—Exemption Request from Certain Requirements of 10 CFR ML20136A141. Part 73, Appendix B, ‘‘General Criteria for Security Personnel,’’ Section VI (EPID L–2020–LLE–0061) [COVID– 19], dated May 29, 2020.

FERMI 2—DOCKET NO. 50–341

Document title ADAMS accession No.

Fermi 2 Work Hour Limits Exemption Request Due to COVID–19, dated May 11, 2020 ...... ML20132A239. Fermi 2—Exemption from Select Requirements of 10 CFR Part 26 (EPID L–2020–LLE–0056 [COVID–19]), dated ML20133K055. May 14, 2020.

H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2—DOCKET NO. 50–261

Document title ADAMS accession No.

H. B. Robinson Steam Electric Plant, Unit 2, Response in Related to the NRC Plan[n]ed Actions Requirements for ML20121A191 (non-public, Part 73, Appendix B, Section VI During the Coronavirus Disease 2019 Public Health Emergency, dated April 30, withheld under 10 CFR 2020. 2.390). H. B. Robinson Steam Electric Plant, Unit 2—Temporary Exemption from Certain Requirements of 10 CFR Part ML20129J867. 73, Appendix B, ‘‘General Criteria for Security Personnel,’’ Section VI (EPID L–2020–LLE–0041 [COVID–19]), dated May 14, 2020.

HOPE CREEK GENERATING STATION—DOCKET NO. 50–354

Document title ADAMS accession No.

Hope Creek Generating Station—Part 55 Exemption Request (COVID–19) (Redacted), dated May 4, 2020 ...... ML20126G379. Hope Creek Generating Station—Exemption from Select Requirements of 10 CFR Part 55, ‘‘Operators’ Licenses’’ ML20125A379. (EPID L–2020–LLE–0049 [COVID–19]), dated May 7, 2020.

HOPE CREEK GENERATING STATION—DOCKET NO. 50–354

Document title ADAMS accession No.

Hope Creek Generating Station—Part 55 Exemption Request for Power Reactors (COVID–19) (Redacted), dated ML20142A512. May 21, 2020. Hope Creek Generating Station—Exemption from Select Requirements of 10 CFR Part 55, ‘‘Operators’ Licenses’’ ML20148M318. (EPID L–2020–LLE–0066 [COVID–19]), dated May 29, 2020.

HOPE CREEK GENERATING STATION AND SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2—DOCKET NOS. 50–354, 50–272, AND 50–311

Document title ADAMS accession No.

Salem Generating Station, Units 1 and 2, and Hope Creek Generating Station—Request a Temporary Exemption ML20133K163 (non-public, from the Identified Security Training Requalification Requirements listed in the Table, dated May 12, 2020. withheld under 10 CFR 2.390).

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HOPE CREEK GENERATING STATION AND SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2—DOCKET NOS. 50–354, 50–272, AND 50–311—Continued

Document title ADAMS accession No.

Hope Creek Generating Station and Salem Nuclear Generating Station, Unit Nos. 1 and 2—Temporary Exemp- ML20134J083. tions from Certain Requirements of 10 CFR Part 73, Appendix B, ‘‘General Criteria for Security Personnel,’’ Section VI (EPID L–2020–LLE–0058 [COVID–19]), dated May 19, 2020.

IDAHO STATE UNIVERSITY RESEARCH REACTOR—DOCKET NO. 50–284

Document title ADAMS accession No.

Idaho State University—Request for Exemption to License R–110 Requirements, dated May 13, 2020 ...... ML20135G765. E-mail from ISU, COVID–19 Part 55 Exemption Supplement, dated May 21, 2020 ...... ML20142A492. Idaho State University—Approval of Exemption from Select Requirements of 10 CFR Part 55, ‘‘Operators’ Li- ML20142A499. censes,’’ dated May 22, 2020.

UNIVERSITY OF MARYLAND TRAINING REACTOR—DOCKET NO. 50–166

Document title ADAMS accession No.

University of Maryland—Part 55 Exemption Request for Research and Test Reactors/Non-Power Reactors’’ RE- ML20142A271. DACTED, dated May 13, 2020. University of Maryland—Approval of Exemption from Select Requirements of 10 CFR Part 55, ‘‘Operators’ Li- ML20142A288. censes,’’ dated May 22, 2020.

MASSACHUSETTS INSTITUTE OF TECHNOLOGY RESEARCH REACTOR—DOCKET NO. 50–020

Document title ADAMS accession No.

10 CFR [Part] 55 Requirement Exemption Request for the Massachusetts Institute of Technology Research Reac- ML20135H166. tor, Facility Operating License No. R–37, dated May 11, 2020. Massachusetts Institute of Technology—Approval of Exemption from Select Requirements of 10 CFR Part 55, ML20135H188. ‘‘Operators’ Licenses,’’ dated May 15, 2020.

NATIONAL BUREAU OF STANDARDS TEST REACTOR—DOCKET NO. 50–184

Document title ADAMS accession No.

E-mail COVID–19 Part 55 Exemption Request NIST—REDACTED, dated May 11, 2020 ...... ML20136A442. National Institute of Standards and Technology—Approval of Exemption from Select Requirements of 10 CFR ML20133J915. Part 55, ‘‘Operators’ Licenses,’’ dated May 18, 2020.

PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3—DOCKET NOS. 50–277 AND 50–278

Document title ADAMS accession No.

Peach Bottom Atomic Power Station, Units 2 and 3, Request for Exemption from Certain 10 CFR Part 73 Training ML20129K011 (non-public, Requirements Due to Coronavirus 2019 Public Health Emergency, dated May 8, 2020. withheld under 10 CFR 2.390). Peach Bottom Atomic Power Station, Units 2, and 3—Exemption Request from Certain Requirements of 10 CFR ML20132A285. Part 73, Appendix B, ‘‘General Criteria for Security Personnel’’ (EPID L–2020–LLE–0055), dated May 20, 2020.

SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2—DOCKET NOS. 50–272 AND 50–311

Document title ADAMS accession No.

Salem Nuclear Generating Station, Units Nos. 1 and 2—Part 55 Exemption Request (COVID–19) (Redacted), ML20126G378. dated May 4, 2020. Salem Nuclear Generating Station, Unit Nos. 1 and 2—Exemption from Select Requirements of 10 CFR Part 55, ML20122A140. ‘‘Operators’ Licenses’’ (EPID L-220–LLE–0048 [COVID–19]), dated May 7, 2020.

SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2—DOCKET NOS. 50–272 AND 50–311

Document title ADAMS accession No.

Salem Nuclear Generating Station, Units Nos. 1 and 2—Part 55 Exemption Request for Power Reactors (COVID– ML20142A513. 19) (Redacted), dated May 21, 2020.

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SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2—DOCKET NOS. 50–272 AND 50–311—Continued

Document title ADAMS accession No.

Salem Nuclear Generating Station, Unit Nos. 1 and 2—Exemption from Select Requirements of 10 CFR Part 55, ML20148M329. ‘‘Operators’ Licenses’’ (EPID L–220–LLE–0065 [COVID–19]), dated May 29, 2020.

UNIVERSITY OF MISSOURI—COLUMBIA RESEARCH REACTOR—DOCKET NO. 50–186

Document title ADAMS accession No.

University of Missouri-Columbia—Applying for Respirator Exemption Signed, dated May 4,2020 ...... ML20126G458. The University of Missouri at Columbia—Exemption from Select Requirements of Title 10 of the Code of Federal ML20128J494. Regulations Part 20, ‘‘Standards for Protection Against Radiation’’ (EPID L–2020–LLL–0008 [COVID–19]), dated May 18, 2020.

VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2—DOCKET NOS. 50–424 AND 50–425

Document title ADAMS accession No.

Vogtle Electric Generating Plant Units 1 and 2 (VEGP) Requests a Temporary Exemption from the Identified Se- ML20129J923 (non-public, curity Training Requalification Requirements, dated May 8, 2020. withheld under 10 CFR 2.390). Vogtle Electric Generating Plant, Units 1 and 2—Exemption Request from Certain Requirements of 10 CFR Part ML20126G266. 73, Appendix B, ‘‘General Criteria for Security Personnel,’’ Section VI (EPID L–2020–LLE–0047), dated May 14, 2020.

The NRC may post additional publishing this regular biweekly notice. 0001, ATTN: Program Management, materials to the Federal rulemaking The Act requires the Commission to Announcements and Editing Staff. website at https://www.regulations.gov publish notice of any amendments For additional direction on obtaining under Docket ID NRC–2020–0110. The issued, or proposed to be issued, and information and submitting comments, Federal rulemaking website allows you grants the Commission the authority to see ‘‘Obtaining Information and to receive alerts when changes or issue and make immediately effective Submitting Comments’’ in the additions occur in a docket folder. To any amendment to an operating license SUPPLEMENTARY INFORMATION section of subscribe: (1) Navigate to the docket or combined license, as applicable, this document. folder (NRC–2020–0110); (2) click the upon a determination by the FOR FURTHER INFORMATION CONTACT: ‘‘Sign up for Email Alerts’’ link; and (3) Commission that such amendment Paula Blechman, Office of Nuclear enter your email address and select how involves no significant hazards Reactor Regulation, telephone: 301– frequently you would like to receive consideration (NSHC), notwithstanding 415–2242, email: Paula.Blechman@ emails (daily, weekly, or monthly). the pendency before the Commission of nrc.gov, U.S. Nuclear Regulatory Dated: June 11, 2020. a request for a hearing from any person. Commission, Washington DC 20555– For the Nuclear Regulatory Commission. This biweekly notice includes all 0001. Jennifer C. Tobin, amendments issued, or proposed to be SUPPLEMENTARY INFORMATION: Project Manager, Plant Licensing Branch I, issued, from May 18, 2020, to June 1, Division of Operating Reactor Licensing, 2020. The last biweekly notice was I. Obtaining Information and Office of Nuclear Reactor Regulation. published on June 2, 2020. Submitting Comments [FR Doc. 2020–12961 Filed 6–15–20; 8:45 am] DATES: Comments must be filed by July A. Obtaining Information BILLING CODE 7590–01–P 16, 2020. A request for a hearing or Please refer to Docket ID NRC–2020– petitions for leave to intervene must be 0138, facility name, unit number(s), filed by August 17, 2020. NUCLEAR REGULATORY docket number(s), application date, and COMMISSION ADDRESSES: You may submit comments subject when contacting the NRC about by any of the following methods: the availability of information for this [NRC–2020–0138] • action. You may obtain publicly- Federal Rulemaking Website: Go to available information related to this Biweekly Notice; Applications and https://www.regulations.gov and search action by any of the following methods: Amendments to Facility Operating for Docket ID NRC–2020–0138. Address • Federal Rulemaking Website: Go to Licenses and Combined Licenses questions about NRC Docket IDs in https://www.regulations.gov and search Involving No Significant Hazards Regulations.gov to Jennifer Borges; for Docket ID NRC–2020–0138. Considerations telephone: 301–287–9127; email: • NRC’s Agencywide Documents [email protected]. For technical AGENCY: Access and Management System Nuclear Regulatory questions, contact the individual listed Commission. (ADAMS): You may obtain publicly- in the FOR FURTHER INFORMATION ACTION: Biweekly notice. available documents online in the CONTACT section of this document. ADAMS Public Documents collection at SUMMARY: Pursuant to section 189.a.(2) • Mail comments to: Office of https://www.nrc.gov/reading-rm/ of the Atomic Energy Act of 1954, as Administration, Mail Stop: TWFN–7– adams.html. To begin the search, select amended (the Act), the U.S. Nuclear A60M, U.S. Nuclear Regulatory ‘‘Begin Web-based ADAMS Search.’’ For Regulatory Commission (NRC) is Commission, Washington, DC 20555– problems with ADAMS, please contact

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the NRC’s Public Document Room (PDR) considered in making any final petitioner seeks to have litigated in the reference staff at 1–800–397–4209, 301– determination. proceeding. Each contention must 415–4737, or by email to pdr.resource@ Normally, the Commission will not consist of a specific statement of the nrc.gov. The ADAMS accession number issue the amendment until the issue of law or fact to be raised or for each document referenced (if it is expiration of 60 days after the date of controverted. In addition, the petitioner available in ADAMS) is provided the publication of this notice. The must provide a brief explanation of the first time that it is mentioned in this Commission may issue the license bases for the contention and a concise document. amendment before expiration of the 60- statement of the alleged facts or expert day period provided that its final opinion which support the contention B. Submitting Comments determination is that the amendment and on which the petitioner intends to Please include Docket ID NRC–2020– involves NSHC. In addition, the rely in proving the contention at the 0138, facility name, unit number(s), Commission may issue the amendment hearing. The petitioner must also docket number(s), application date, and prior to the expiration of the 30-day provide references to the specific subject, in your comment submission. comment period if circumstances sources and documents on which the The NRC cautions you not to include change during the 30-day comment petitioner intends to rely to support its identifying or contact information that period such that failure to act in a position on the issue. The petition must you do not want to be publicly timely way would result, for example in include sufficient information to show disclosed in your comment submission. derating or shutdown of the facility. If that a genuine dispute exists with the The NRC will post all comment the Commission takes action prior to the applicant or licensee on a material issue submissions at https:// expiration of either the comment period of law or fact. Contentions must be www.regulations.gov as well as enter the or the notice period, it will publish in limited to matters within the scope of comment submissions into ADAMS. the Federal Register a notice of the proceeding. The contention must be The NRC does not routinely edit issuance. If the Commission makes a one which, if proven, would entitle the comment submissions to remove final NSHC determination, any hearing petitioner to relief. A petitioner who identifying or contact information. will take place after issuance. The fails to satisfy the requirements at 10 Commission expects that the need to If you are requesting or aggregating CFR 2.309(f) with respect to at least one take action on an amendment before 60 comments from other persons for contention will not be permitted to days have elapsed will occur very submission to the NRC, then you should participate as a party. infrequently. Those permitted to intervene become inform those persons not to include parties to the proceeding, subject to any identifying or contact information that A. Opportunity To Request a Hearing limitations in the order granting leave to they do not want to be publicly and Petition for Leave To Intervene intervene. Parties have the opportunity disclosed in their comment submission. Within 60 days after the date of to participate fully in the conduct of the Your request should state that the NRC publication of this notice, any persons hearing with respect to resolution of does not routinely edit comment (petitioner) whose interest may be that party’s admitted contentions, submissions to remove such information affected by this action may file a request including the opportunity to present before making the comment for a hearing and petition for leave to evidence, consistent with the NRC’s submissions available to the public or intervene (petition) with respect to the regulations, policies, and procedures. entering the comment into ADAMS. action. Petitions shall be filed in Petitions must be filed no later than II. Notice of Consideration of Issuance accordance with the Commission’s 60 days from the date of publication of of Amendments to Facility Operating ‘‘Agency Rules of Practice and this notice. Petitions and motions for Licenses and Combined Licenses and Procedure’’ in 10 CFR part 2. Interested leave to file new or amended Proposed No Significant Hazards persons should consult a current copy contentions that are filed after the Consideration Determination of 10 CFR 2.309. The NRC’s regulations deadline will not be entertained absent are accessible electronically from the a determination by the presiding officer For the facility-specific amendment NRC Library on the NRC’s website at that the filing demonstrates good cause requests shown below, the Commission https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR finds that the licensee’s analyses collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition provided, consistent with title 10 of the Commission or a presiding officer will must be filed in accordance with the Code of Federal Regulations (10 CFR) rule on the petition and, if appropriate, filing instructions in the ‘‘Electronic section 50.91 is sufficient to support the a notice of a hearing will be issued. Submissions (E-Filing)’’ section of this proposed determination that these As required by 10 CFR 2.309(d) the document. amendment requests involve NSHC. petition should specifically explain the If a hearing is requested, and the Under the Commission’s regulations in reasons why intervention should be Commission has not made a final 10 CFR 50.92, operation of the facility permitted with particular reference to determination on the issue of no in accordance with the proposed the following general requirements for significant hazards consideration, the amendment would not (1) involve a standing: (1) The name, address, and Commission will make a final significant increase in the probability or telephone number of the petitioner; (2) determination on the issue of no consequences of an accident previously the nature of the petitioner’s right under significant hazards consideration. The evaluated; or (2) create the possibility of the Act to be made a party to the final determination will serve to a new or different kind of accident from proceeding; (3) the nature and extent of establish when the hearing is held. If the any accident previously evaluated; or the petitioner’s property, financial, or final determination is that the (3) involve a significant reduction in a other interest in the proceeding; and (4) amendment request involves no margin of safety. the possible effect of any decision or significant hazards consideration, the The Commission is seeking public order which may be entered in the Commission may issue the amendment comments on this proposed proceeding on the petitioner’s interest. and make it immediately effective, determination. Any comments received In accordance with 10 CFR 2.309(f), notwithstanding the request for a within 30 days after the date of the petition must also set forth the hearing. Any hearing would take place publication of this notice will be specific contentions which the after issuance of the amendment. If the

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final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary significant hazards consideration, then 49139; August 28, 2007, as amended at that they wish to participate in the any hearing held would take place 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not before the issuance of the amendment Filing process requires participants to serve the document on those unless the Commission finds an submit and serve all adjudicatory participants separately. Therefore, imminent danger to the health or safety documents over the internet, or in some applicants and other participants (or of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 60 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or Federally- representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with 2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally- adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission

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or the presiding officer. If you do not requires submission of such application, ADAMS accession number, have an NRC-issued digital ID certificate information. For example, in some and location in the application of the as described above, click ‘‘cancel’’ when instances, individuals provide home licensee’s proposed NSHC the link requests certificates and you addresses in order to demonstrate determination. For further details with will be automatically directed to the proximity to a facility or site. With respect to these license amendment NRC’s electronic hearing dockets where respect to copyrighted works, except for applications, see the application for you will be able to access any publicly limited excerpts that serve the purpose amendment which is available for available documents in a particular of the adjudicatory filings and would public inspection in ADAMS and at the hearing docket. Participants are constitute a Fair Use application, NRC’s PDR. For additional direction on requested not to include personal participants are requested not to include accessing information related to this privacy information, such as social copyrighted materials in their document, see the ‘‘Obtaining security numbers, home addresses, or submission. Information and Submitting Comments’’ personal phone numbers in their filings, The table below provides the plant unless an NRC regulation or other law name, docket number, date of section of this document.

Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit No. 3; Waterford, CT

Application Date ...... April 30, 2020. ADAMS Accession No ...... ML20121A217. Location in Application of NSHC ...... Pages 11 and 12 of Attachment 1. Brief Description of Amendments ...... The proposed amendment would correct a non-conservative technical specification by revising the intercell and interconnection resistance value listed in Surveillance Requirements (SRs) 4.8.2.1.b and 4.8.2.1.c. The licensee proposes to revise the SRs in accordance with NRC Administrative Letter 98–10 to add a new acceptance criterion for total battery connection resistance. The proposed acceptance criterion would confirm that the total battery connector resistance is within preestablished limits to ensure that the bat- teries can perform their specified safety function by maintaining required battery terminal voltage under design-basis load conditions. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Bill Glew, Associate General Counsel, Entergy Services, Inc., 639 Loyola Avenue, 22nd Floor, New Orleans, LA 70113. Docket Nos ...... 50–423. NRC Project Manager, Telephone Number ...... Richard Guzman, 301–415–1030.

Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 3, LLC; Indian Point Nuclear Generating Station, Unit No. 3; Westchester County, NY

Application Date ...... April 28, 2020. ADAMS Accession No ...... ML20132A200. Location in Application of NSHC ...... Pages 82–84 of the Enclosure. Brief Description of Amendments ...... The proposed amendment would revise the Indian Point Unit 3 Facility Operating License, the Technical Specifications, the Environmental Technical Specification Requirements, and the Inter-Unit Transfer Tech- nical Specifications to remove the requirements that would no longer be applicable after Indian Point Unit 3 is permanently shut down and defueled. Permanent cessation of operations of Indian Point Unit 3 is projected for April 30, 2021. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Bill Glew, Associate General Counsel, Entergy Services, Inc., 639 Loyola Avenue, 22nd Floor, New Orleans, LA 70113. Docket Nos ...... 50–286. NRC Project Manager, Telephone Number ...... Richard Guzman, 301–415–1030.

Exelon Generation Company, LLC; Clinton Power Station, Unit No. 1; DeWitt County, IL

Application Date ...... April 30, 2020. ADAMS Accession No ...... ML20121A241. Location in Application of NSHC ...... Pages 21–23 of the Enclosure. Brief Description of Amendments ...... The proposed amendment would modify the Clinton Power Station, Unit No. 1 licensing basis, by the addi- tion of a license condition, to allow for the implementation of the provisions of Title 10 of the Code of Fed- eral Regulations, Part 50.69, ‘‘Risk-informed categorization and treatment of structures, systems and com- ponents for nuclear power reactors.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. Docket Nos ...... 50–461. NRC Project Manager, Telephone Number ...... Joel Wiebe, 301–415–6606.

Exelon Generation Company, LLC; Clinton Power Station, Unit No. 1; DeWitt County, IL

Application Date ...... April 30, 2020. ADAMS Accession No ...... ML20121A178. Location in Application of NSHC ...... Pages 5–7 of Attachment 1. Brief Description of Amendments ...... The proposed amendment would modify the facility license and technical specification requirements to per- mit the use of risk informed completion times in accordance with Technical Specifications Task Force (TSTF)-505, Revision 2, ‘‘Provide Risk-Informed Extended Completion Times—RITSTF [Risk-Informed TSTF] Initiative 4b.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. Docket Nos ...... 50–461. NRC Project Manager, Telephone Number ...... Joel Wiebe, 301–415–6606.

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Units 1 and 2; Berrien County, MI

Application Date ...... April 7, 2020. ADAMS Accession No ...... ML20126G454.

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Location in Application of NSHC ...... Page 3 of Enclosure 2. Brief Description of Amendments ...... The proposed amendment establishes a new completion time in Standard Technical Specification 3.7.5 where one steam supply to the turbine driven Auxiliary Feedwater (AFW) pump is inoperable concurrent with an inoperable motor driven AFW train. In addition, the proposed amendment establishes specific Conditions and Action requirements: (1) For when two motor driven AFW trains are inoperable at the same time and; (2) for when the turbine driven AFW train is inoperable either (a) due solely to one inoper- able steam supply, or (b) due to reasons other than one inoperable steam supply. The changes are con- sistent with Technical Specifications Task Force (TSTF) Traveler, TSTF–412, Revision 3, ‘‘Provide Ac- tions for One Steam Supply to Turbine Driven AFW/EFW [Emergency Feedwater] Pump Inoperable.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Robert B. Haemer, Senior Nuclear Counsel, Indiana Michigan Power Company, One Cook Place, Bridgman, MI 49106. Docket Nos ...... 50–315, 50–316. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Units 1 and 2; Berrien County, MI

Application Date ...... April 30, 2020. ADAMS Accession No ...... ML20126G455. Location in Application of NSHC ...... Pages 3–4 of Enclosure 2. Brief Description of Amendments ...... The proposed amendment modifies the Technical Specification Surveillance Requirements (SRs) by adding exceptions to consider the SR met when automatic valves or dampers are locked, sealed, or otherwise secured in the actuated position, in order to consider the SR met. The changes are consistent with Tech- nical Specifications Task Force (TSTF) Traveler, TSTF–541, Revision 2, ‘‘Add Exceptions to Surveillance Requirements for Valves and Dampers Locked in the Actuated Position.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Robert B. Haemer, Senior Nuclear Counsel, Indiana Michigan Power Company, One Cook Place, Bridgman, MI 49106. Docket Nos ...... 50–315, 50–316. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Units 1 and 2; Berrien County, MI

Application Date ...... April 30, 2020. ADAMS Accession No ...... ML20132A110. Location in Application of NSHC ...... Pages 4–6 of Enclosure 2. Brief Description of Amendments ...... The proposed amendment would revise the Donald C. Cook Nuclear Plant, Unit Nos. 1 and 2, Technical Specifications (TSs) to adopt Technical Specifications Task Force (TSTF) Traveler TSTF–567, Revision 1, ‘‘Add Containment Sump TS to Address GSI [Generic Safety Issue]—191 Issues.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Robert B. Haemer, Senior Nuclear Counsel, Indiana Michigan Power Company, One Cook Place, Bridgman, MI 49106. Docket Nos ...... 50–315, 50–316. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.

PSEG Nuclear LLC; Hope Creek Generating Station; Salem County, NJ

Application Date ...... May 7, 2020. ADAMS Accession No ...... ML20128J820. Location in Application of NSHC ...... Pages 6–8 of Enclosure. Brief Description of Amendments ...... The proposed amendment would revise Technical Specification 3.6.2.3, ‘‘Suppression Pool Cooling,’’ to modify the action for one inoperable loop from 72 hours to 7 days and modify the action for both loops in- operable to add an 8-hour allowed outage time in accordance with Technical Specification Task Force (TSTF) Traveler TSTF–230, Revision 1, ‘‘Add new Condition B to LCO [Limiting Condition for Operation] 3.6.2.3, ‘‘RHR [Residual Heat Removal] Suppression Pool Cooling.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Jodi Varon, PSEG Services Corporation, 80 Park Plaza, T–5, Newark, NJ 07101. Docket Nos ...... 50–354. NRC Project Manager, Telephone Number ...... James Kim, 301–415–4125.

Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4; Burke County, GA

Application Date ...... May 7, 2020. ADAMS Accession No ...... ML20128J334. Location in Application of NSHC ...... Pages 19 and 20 of Enclosure 1. Brief Description of Amendments ...... The requested amendment would revise: Technical Specification (TS) 3.3.13, Engineered Safety Feature Actuation System Main Control Room (MCR) Isolation, Air Supply Initiation, and Electrical Load De- energization applicability, to exclude operability of the MCR Air Supply Iodine or Particulate Radiation— High 2 function when the MCR envelope is isolated and the MCR emergency habitability system (VES) is operating; TS 3.3.13, to include Class 1E 24-Hour Battery Charger Input Undervoltage actuation signals for VES actuation and de-energization of the MCR air supply radiation monitoring sample pumps; and TS 3.8.1, DC Sources—Operating, and TS 3.8.2, DC Sources—Shutdown, to include a Surveillance Require- ment to verify each MCR air supply radiation monitoring sample pump de-energizes on an actual or simu- lated actuation signal. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Avenue North, Birmingham, AL 35203–2015. Docket Nos ...... 52–025, 52–026. NRC Project Manager, Telephone Number ...... Alina Schiller, 301–415–8177.

Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station, Unit 1; Coffey County, KS

Application Date ...... April 27, 2020. ADAMS Accession No ...... ML20119A873. Location in Application of NSHC ...... Pages 2 and 3 of Attachment VI.

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Brief Description of Amendments ...... The amendment would revise the Wolf Creek Generating Station, Unit 1, Technical Specifications by relo- cating specific surveillance frequencies to a licensee-controlled program with the adoption of Technical Specifications Task Force (TSTF) Traveler TSTF–425, Revision 3, ‘‘Relocate Surveillance Frequencies to Licensee Control—RITSTF [Risk Informed TSTF] Initiative 5b.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Jay E. Silberg, Pillsbury Winthrop Shaw Pittman LLP, 1200 17th St. NW, Washington, DC 20036. Docket Nos ...... 50–482. NRC Project Manager, Telephone Number ...... Balwant Singal, 301–415–3016.

III. Notice of Issuance of Amendments 10 CFR chapter I, which are set forth in assessment need be prepared for these to Facility Operating Licenses and the license amendment. amendments. If the Commission has Combined Licenses A notice of consideration of issuance prepared an environmental assessment of amendment to facility operating under the special circumstances During the period since publication of license or combined license, as provision in 10 CFR 51.22(b) and has the last biweekly notice, the applicable, proposed NSHC made a determination based on that Commission has issued the following determination, and opportunity for a assessment, it is so indicated. amendments. The Commission has hearing in connection with these For further details with respect to the determined for each of these actions, was published in the Federal action, see (1) the application for amendments that the application Register as indicated. amendment; (2) the amendment; and (3) complies with the standards and Unless otherwise indicated, the the Commission’s related letter, Safety requirements of the Atomic Energy Act Commission has determined that these Evaluation, and/or Environmental of 1954, as amended (the Act), and the amendments satisfy the criteria for Assessment as indicated. All of these Commission’s rules and regulations. categorical exclusion in accordance items can be accessed as described in The Commission has made appropriate with 10 CFR 51.22. Therefore, pursuant the ‘‘Obtaining Information and findings as required by the Act and the to 10 CFR 51.22(b), no environmental Submitting Comments’’ section of this Commission’s rules and regulations in impact statement or environmental document.

Energy Harbor Nuclear Corp.; Perry Nuclear Power Plant, Unit 1; Lake County, OH

Date Issued ...... May 22, 2020. ADAMS Accession No ...... ML20099A102. Amendment Nos ...... 188. Brief Description of Amendments ...... The amendment adopted Technical Specifications Task Force (TSTF)-564, ‘‘Safety Limit MCPR [Minimum Critical Power Ratio],’’ Revision 2, which is an approved change to the Improved Standard Technical Specifications. The amendment revised the technical specifications for the safety limit on MCPR to reduce the need for cycle-specific changes to the value while still meeting the regulatory requirement for a safety limit. Docket Nos ...... 50–440.

Energy Harbor Nuclear Corp.; Perry Nuclear Power Plant, Unit 1; Lake County, OH

Date Issued ...... May 22, 2020. ADAMS Accession No ...... ML20118C167. Amendment Nos ...... 189. Brief Description of Amendments ...... The amendment modified the non-destructive examination inspection interval for special lifting devices from annually or prior to each use, typically at each refueling outage, to a 10-year interval. Docket Nos ...... 50–440.

Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4; Burke County, GA

Date Issued ...... May 12, 2020. ADAMS Accession No ...... ML20054B790. Amendment Nos ...... 180 and 179. Brief Description of Amendments ...... The amendment revised the normal thermal loads for the passive containment cooling system tank, revised the accident thermal loads for the exterior walls below grade and basemat in the auxiliary building, and updated the critical section tables for the auxiliary building basemat, concrete walls, and floors, the shield building roof, and the spent fuel pool west wall in the Updated Final Safety Analysis Report (UFSAR). The amendment revised the Tier 2 and Tier 2* information in UFSAR Subsections 3H.3.3 and 3H.5.1.1, and Tables 3.8.5–3, 3H.5–1 through 3H.5–9, 3H.5–11, 3H.5–12, and 3H.5–15. Docket Nos ...... 52–025, 52–026.

IV. Notice of Issuance of Amendments determined for each of these Because of exigent or emergency to Facility Operating Licenses and amendments that the application for the circumstances associated with the date Combined Licenses and Final amendment complies with the the amendment was needed, there was Determination of No Significant standards and requirements of the not time for the Commission to publish, Hazards Consideration and Atomic Energy Act of 1954, as amended for public comment before issuance, its Opportunity for a Hearing (Exigent (the Act), and the Commission’s rules usual notice of consideration of Public Announcement or Emergency and regulations. The Commission has issuance of amendment, proposed Circumstances) made appropriate findings as required NSHC determination, and opportunity by the Act and the Commission’s rules for a hearing. During the period since publication of and regulations in 10 CFR chapter I, For exigent circumstances, the the last biweekly notice, the which are set forth in the license Commission has either issued a Federal Commission has issued the following amendment. Register notice providing opportunity amendments. The Commission has for public comment or has used local

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media to provide notice to the public in comment. If there has been some time Unless otherwise indicated, the the area surrounding a licensee’s facility for public comment but less than 30 Commission has determined that these of the licensee’s application and of the days, the Commission may provide an amendments satisfy the criteria for Commission’s proposed determination opportunity for public comment. If categorical exclusion in accordance of NSHC. The Commission has provided comments have been requested, it is so with 10 CFR 51.22. Therefore, pursuant a reasonable opportunity for the public stated. In either event, the State has to 10 CFR 51.22(b), no environmental to comment, using its best efforts to been consulted by telephone whenever impact statement or environmental make available to the public means of possible. assessment need be prepared for these communication for the public to amendments. If the Commission has Under its regulations, the Commission respond quickly, and in the case of prepared an environmental assessment may issue and make an amendment telephone comments, the comments under the special circumstances immediately effective, notwithstanding have been recorded or transcribed as provision in 10 CFR 51.12(b) and has the pendency before it of a request for appropriate and the licensee has been made a determination based on that a hearing from any person, in advance informed of the public comments. assessment, it is so indicated. In circumstances where failure to act of the holding and completion of any For further details with respect to the in a timely way would have resulted, for required hearing, where it has action see (1) the application for example, in derating or shutdown of a determined that NSHC is involved. amendment, (2) the amendment to nuclear power plant or in prevention of The Commission has applied the Facility Operating License or Combined either resumption of operation or of standards of 10 CFR 50.92 and has made License, as applicable, and (3) the increase in power output up to the a final determination that the Commission’s related letter, Safety plant’s licensed power level, the amendment involves NSHC. The basis Evaluation and/or Environmental Commission may not have had an for this determination is contained in Assessment, as indicated. All of these opportunity to provide for public the documents related to this action. items can be accessed as described in comment on its NSHC determination. In Accordingly, the amendments have the ‘‘Obtaining Information and such case, the license amendment has been issued and made effective as Submitting Comments’’ section of this been issued without opportunity for indicated. document.

STP Nuclear Operating Company; South Texas Project, Unit 1; Matagorda County, TX

Date of Amendment ...... May 28, 2020. Brief Description of Amendment ...... The amendment modified Technical Specification 3/4.5.1, ‘‘Accumulators,’’ to allow Unit 1 to operate with all three safety injection accumulators at reduced minimum pressure for the remainder of the current Unit 1 operating cycle, Cycle 23. ADAMS Accession No ...... ML20141L612. Amendment Nos ...... 219. Public Comments Requested as to Proposed NSHC Yes. (Yes/No). Docket Nos ...... 50–498.

Dated: June 3, 2020. FOR FURTHER INFORMATION CONTACT: notice is hereby given that on May 28, For the Nuclear Regulatory Commission. Madeline Gonzalez, 202–606–2858, or 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or Mohamed K. Shams, email [email protected]. ‘‘Exchange’’) filed with the Securities Deputy Director, Division of Operating Office of Personnel Management. and Exchange Commission Reactor Licensing, Office of Nuclear Reactor Alexys Stanley, (‘‘Commission’’) the proposed rule Regulation. change as described in Items I, II, and Regulatory Affairs Analyst. [FR Doc. 2020–12410 Filed 6–15–20; 8:45 am] III, below, which Items have been [FR Doc. 2020–12665 Filed 6–15–20; 8:45 am] BILLING CODE 7590–01–P prepared by the Exchange. The BILLING CODE 6325–49–P Commission is publishing this notice to solicit comments on the proposed rule OFFICE OF PERSONNEL change from interested persons. SECURITIES AND EXCHANGE MANAGEMENT COMMISSION I. Self-Regulatory Organization’s Federal Prevailing Rate Advisory Statement of the Terms of Substance of [Release No. 34–89041; File No. SR–Phlx– the Proposed Rule Change Committee; Cancellation of Upcoming 2020–28] Meeting The Exchange proposes to amend Self-Regulatory Organizations; Nasdaq Phlx’s Pricing Schedule at Options 7, AGENCY: Office of Personnel PHLX LLC; Notice of Filing and Section 8, ‘‘Membership Fees’’ and Management. Immediate Effectiveness of Proposed Options 7, Section 9, ‘‘Other Member ACTION: Notice. Rule Change To Amend Phlx Pricing Fees.’’ Schedule at Options 7, Section 8, SUMMARY: The Federal Prevailing Rate While the changes proposed herein Membership Fees and Options 7, Advisory Committee is issuing this are effective upon filing, the Exchange Section 9, Other Member Fees notice to cancel the June 18, 2020, has designated the amendments become public meeting scheduled to be held in June 10, 2020. operative on June 1, 2020. Room 5A06A, Office of Personnel Pursuant to Section 19(b)(1) of the The text of the proposed rule change Management Building, 1900 E Street Securities Exchange Act of 1934 is available on the Exchange’s website at NW, Washington, DC. The original (‘‘Act’’),1 and Rule 19b–4 thereunder,2 http://nasdaqphlx.cchwallstreet.com/, Federal Register notice announcing this at the principal office of the Exchange, meeting was published Monday, 1 15 U.S.C. 78s(b)(1). and at the Commission’s Public December 23, 2019. 2 17 CFR 240.19b–4. Reference Room.

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II. Self-Regulatory Organization’s A, ‘‘Permit and Registration Fees,’’ to of $2,300 a month, for the months of Statement of the Purpose of, and offer a credit of $3,400, for the month April and May 2020 when open outcry Statutory Basis for, the Proposed Rule of June 2020, to any member or member was not available, provided the member Change organization on the Trading Floor if that or member organization is able to In its filing with the Commission, the member or member organization was demonstrate that they qualified for the Exchange included statements eligible for the $2,300 reduced Permit credit in February and March 2020. concerning the purpose of and basis for Fee as a result of having executed at This credit would not be offered to least 100 options in a Phlx house the proposed rule change and discussed Floor Brokers,5 Floor Lead Market account for the months of February and any comments it received on the Makers, or Floor Market Makers,6 who March 2020, and paid the $4,000 Permit proposed rule change. The text of these are not eligible today for a reduced Fee in April and May 2020. Open outcry statements may be examined at the Permit Fee. Also, the credit would not on the Exchange’s Trading Floor was places specified in Item IV below. The be offered to member organizations who closed on March 17, 2020 3 and will not Exchange has prepared summaries, set transact an electronic options business, re-open until June 1, 2020.4 The forth in sections A, B, and C below, of as those member organizations remain Exchange proposes to issue the $3,400 the most significant aspects of such able to transact at least 100 options in credit to those members or member statements. a Phlx house account.7 organizations on the Trading Floor who A. Self-Regulatory Organization’s demonstrated they did execute at least Waivers Statement of the Purpose of, and 100 options in a Phlx house account, for Statutory Basis for, the Proposed Rule the months of February and March Today, the Exchange waives certain Change 2020, in order to qualify for the reduced fees related to the Phlx Trading Floor Permit Fee of $2,300. The Exchange within Options 7, Section 8. 1. Purpose believes that these members and Specifically, for the months of April and Phlx proposes to amend its pricing member organizations may have also May 2020, the Exchange waived the within Options 7, Section 8, qualified for the credit in April or May Floor Broker Permit Fee of $4,000 per ‘‘Membership Fees’’ and Options 7, 2020, if open outcry trading was month to Floor Brokers.8 The Exchange Section 9, ‘‘Other Member Fees.’’ Each available. also waived the Clerk Fee 9 of $100 per change will be described below. The Exchange proposes to credit those month. Finally, the Exchange waived qualifying members and member the Streaming Quote Trader (‘‘SQT’’) 10 Credit organizations the difference ($1,700 a Fees within Options 8, Section 8B. The Phlx proposes to amend Options 7, month) as between the $4,000 a month SQT Fees are tiered fees.11 Phlx’s 7 tier Section 8, ‘‘Membership Fees,’’ at Part Permit Fee and the reduced Permit Fee SQT Fees 12 are as follows:

Number of option class assignments SQT Fees

Tier 1: Up to 200 classes ...... $0.00 per calendar month. Tier 2: Up to 400 classes ...... 2,200 per calendar month. Tier 3: Up to 600 classes ...... 3,200.00 per calendar month. Tier 4: Up to 800 classes ...... 4,200.00 per calendar month. Tier 5: Up to 1000 classes ...... 5,200.00 per calendar month. Tier 6: Up to 1200 classes ...... 6,200.00 per calendar month. Tier 7: All equity issues ...... 7,200 per calendar month.

The Exchange waived the Floor 2020.14 Also, the Exchange proposes to Floor Facility Fee of $330 per month, Broker Permit Fee, the Clerk Fee and the remove obsolete language, which was which is applicable Clerks (excluding SQT Fees, during the months of April relevant in April and May 2020 Inactive Nominees pursuant to Options and May 2020, to account for the regarding a credit, which is no longer 8, Section 7), Floor Brokers, Market closure of open outcry trading. As noted being offered. Makers (including SQTs) and individual herein, the Trading Floor will remain Options 7, Section 9 Lead Market Makers), for the months of closed until June 1, 2020.13 The April and May 2020. The Exchange Exchange proposes to continue to waive Today, the Exchange waives certain proposes to continue to waive the Floor these fees for the month of June 2020 to fees related to the Phlx Trading Floor Facility Fee for the month of June 2020 account for the fact that the Trading within Options 7, Section 9. to account for the fact that the Trading Floor has been closed since March 17, Specifically, the Exchange waived the

3 See Options Trader Alert #2020–07. member or member organization pursuant to quotations while such SQT is physically present on 4 See Options Trader Alert #2020–08. Options 3, Section 19, including Inactive Nominees the trading floor of the Exchange. An SQT may only 5 See Options 7, Section 8A. Phlx assesses a Floor pursuant to Options 8, Section 7. The Clerk Fee is submit quotes in classes of options in which the Broker Permit Fee of $4,000 per month. not imposed on permit holders. See Phlx Rules at SQT is assigned. Additionally, the Exchange proposes to waive the Options 7, Section 8A. 11 The Exchange notes, with respect to SQTs, that Floor Broker Permit Fee for the month of June 2020 10 The term ‘‘Streaming Quote Trader’’ is defined these participants may only submit quotations as described below. in Options 1, Section 1(b)(54) as a Market Maker while physically present on the Trading Floor. 6 See Options 7, Section 8A. Phlx assesses a Floor who has received permission from the Exchange to 12 Lead Market Maker and Floor Market Maker Permit generate and submit option quotations In calculating the number of option class Fee of $6,000 per month. electronically in options to which such SQT is assignments for SQT Fees, equity options including 7 Remote Lead Market Makers and Remote Market assigned. See Options 7, Section 1. Further, Options ETFs and ETNs are counted. Currencies and Makers access the market electronically and are 1, Section 1(b)(54) provides that an SQT means a indexes are not counted in the number of option therefore excluded. Market Maker who has received permission from class assignments. 8 See Phlx Rules at Options 7, Section 8A. the Exchange to generate and submit option 13 See note 4 above. 9 The Clerk Fee is imposed on any registered on- quotations electronically in options to which such 14 See note 3 above. floor person employed by or associated with a SQT is assigned. An SQT may only submit such

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Floor has been closed since March 17, dealers’ ....’’22 Although the court Phlx’s proposal to amend Options 7, 2020.15 and the SEC were discussing the cash Section 8, ‘‘Membership Fees,’’ at Part equities markets, the Exchange believes A, ‘‘Permit and Registration Fees,’’ to 2. Statutory Basis that these views apply with equal force offer a credit of $3,400, for the month The Exchange believes that its to the options markets. of June 2020, to any member or member proposal is consistent with Section 6(b) organization on the Trading Floor, if of the Act,16 in general, and furthers the Options 7, Section 8 that member or member organization objectives of Sections 6(b)(4) and 6(b)(5) Phlx’s proposal to amend Options 7, was eligible for the $2,300 reduced of the Act,17 in particular, in that it Section 8, ‘‘Membership Fees,’’ at Part Permit Fee as a result of having provides for the equitable allocation of A, ‘‘Permit and Registration Fees,’’ to executed at least 100 options in a Phlx reasonable dues, fees and other charges offer a credit of $3,400, for the month house account for the months of among members and issuers and other of June 2020, to any member or member February and March 2020 and paid the persons using any facility, and is not organization on the Trading Floor, if $4,000 Permit Fee in April and May designed to permit unfair that member or member organization 2020, is equitable and not unreasonably discrimination between customers, was eligible for the $2,300 reduced discriminatory. The Exchange proposes issuers, brokers, or dealers. Permit Fee as a result of having to uniformly offer all Trading Floor The Commission and the courts have executed at least 100 options in a Phlx members and member organizations repeatedly expressed their preference house account for the months of who currently pay the $4,000 Permit for competition over regulatory February and March 2020, is reasonable. Fee, a credit of $3,400, provided they intervention in determining prices, Open outcry trading was closed on executed at least 100 options in a Phlx products, and services in the securities March 17, 2020,23 and will not re-open house account for the months of markets. In Regulation NMS, while until June 1, 2020.24 The Exchange February and March 2020, and paid the adopting a series of steps to improve the proposes to issue the $3,400 credit to $4,000 Permit Fee in April and May current market model, the Commission those members or member organizations 2020. The Exchange notes that it is highlighted the importance of market on the Trading Floor who demonstrated equitable and not unfairly forces in determining prices and SRO they executed at least 100 options in a discriminatory to not offer the credit to revenues and, also, recognized that Phlx house account for the months of Floor Brokers, Floor Lead Market current regulation of the market system February and March 2020, and paid the Makers, or Floor Market Makers as these ‘‘has been remarkably successful in $4,000 Permit Fee in April and May members do not have the ability to promoting market competition in its 2020, in order to qualify for the reduced qualify for a reduced Permit Fee broader forms that are most important to Permit Fee of $2,300. The Exchange today.27 Also, it is equitable and not investors and listed companies.’’ 18 believes that these members and unfairly discriminatory to not offer the Likewise, in NetCoalition v. Securities member organizations may have also credit to member organizations who 19 and Exchange Commission qualified for the credit in April or May transact an electronic options business, (‘‘NetCoalition’’) the D.C. Circuit upheld 2020, if open outcry trading were as those member organizations remain the Commission’s use of a market-based available. The Exchange proposes to able to transact at least 100 options in approach in evaluating the fairness of credit those qualifying member and a Phlx house account.28 market data fees against a challenge member organizations on the Trading Fee Waivers claiming that Congress mandated a cost- Floor the difference ($1,700 per month) 20 The Exchange’s proposal to waive the based approach. As the court as between the $4,000 a month Permit Floor Broker Permit Fee, the Clerk Fee, emphasized, the Commission ‘‘intended Fee and the reduced Permit Fee of SQT Fee and the Floor Facility Fee, in Regulation NMS that ‘market forces, $2,300 a month for the two full months during the month of June 2020, is rather than regulatory requirements’ (April and May 2020) when open outcry reasonable as open outcry on the Phlx play a role in determining the market trading was closed. The Exchange Trading Floor has not been available data . . . to be made available to believes it is reasonable to pay the 21 since March 17, 2020.29 The Exchange’s investors and at what cost.’’ difference based on whether the proposal to waive these fees, which Further, ‘‘[n]o one disputes that member or member organization apply to transacting an options business competition for order flow is ‘fierce.’ qualified in both the two full prior . . . As the SEC explained, ‘[i]n the U.S. on the Trading Floor, is intended to months, when open outcry trading was alleviate costs for member organizations national market system, buyers and unavailable. This credit would not sellers of securities, and the broker- in consideration of their inability to apply to Floor Brokers,25 Floor Lead dealers that act as their order-routing transact options in open outcry on the Market Makers, or Floor Market Makers, agents, have a wide range of choices of Phlx Trading Floor since March 17, as these members do not have the ability where to route orders for execution’; 2020. to qualify for a reduced Permit Fee [and] ‘no exchange can afford to take its The Exchange’s proposal to waive the today. The credit would also not apply market share percentages for granted’ Floor Broker Permit Fee, the Clerk Fee, to members accessing Phlx because ‘no exchange possesses a SQT Fee and the Floor Facility Fee, electronically.26 monopoly, regulatory or otherwise, in during the month of June 2020, is the execution of order flow from broker equitable and not unfairly 22 Id. at 539 (quoting Securities Exchange Act discriminatory as the Exchange will Release No. 59039 (December 2, 2008), 73 FR 15 apply these proposed waivers uniformly Id. 74770, 74782–83 (December 9, 2008) (SR– 16 15 U.S.C. 78f(b). NYSEArca–2006–21)). to all member organizations on the 17 15 U.S.C. 78f(b)(4) and (5). 23 See note 3 above. Trading Floor. Phlx continues to permit 18 Securities Exchange Act Release No. 51808 24 See note 4 above. (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) 25 The Floor Broker Permit Fee was waived in 27 The Floor Broker Permit Fee is proposed to be (‘‘Regulation NMS Adopting Release’’). April and May 2020. The Exchange proposes herein waived for the month of June 2020. 19 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. to also waive that fee for June 2020. 28 Remote Lead Market Makers and Remote 2010). 26 Remote Lead Market Makers and Remote Market Makers access the market electronically and 20 See NetCoalition, at 534–535. Market Makers access the market electronically and are therefore excluded. 21 Id. at 537. are therefore excluded. 29 See note 3 above.

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electronic trading and, therefore, fees who currently pay the $4,000 Permit Commission shall institute proceedings associated with electronic trading have Fee, a credit of $3,400, provided they to determine whether the proposed rule not been waived. executed at least 100 options in a Phlx should be approved or disapproved. house account for the months of Obsolete Text February and March 2020, and paid the IV. Solicitation of Comments The Exchange’s proposal to remove $4,000 Permit Fee in April and May Interested persons are invited to obsolete language from Options 7, 2020. The Exchange notes that it does submit written data, views, and Section 8, related to an obsolete credit not impose an undue burden on arguments concerning the foregoing, is reasonable, equitable and not unfairly competition to not offer the credit to including whether the proposed rule discriminatory as the credit is no longer Floor Brokers, Floor Lead Market change is consistent with the Act. applicable. No member or member Makers, or Floor Market Makers as these Comments may be submitted by any of organization may obtain the credit. members do not have the ability to the following methods: qualify for a reduced Permit Fee B. Self-Regulatory Organization’s 30 Statement on Burden on Competition today. Also, it does not impose an Electronic Comments undue burden on competition to not The Exchange does not believe that offer the credit to member organizations • Use the Commission’s internet the proposed rule change will impose who transact an electronic options comment form (http://www.sec.gov/ any burden on competition not business, as those member organizations rules/sro.shtml); or necessary or appropriate in furtherance remain able to transact at least 100 • Send an email to rule-comments@ of the purposes of the Act. options in a Phlx house account.31 sec.gov. Please include File Number SR– Inter-Market Competition The Exchange’s proposal to waive the Phlx–2020–28 on the subject line. Floor Broker Permit Fee, the Clerk Fee, The proposal does not impose an SQT Fee and the Floor Facility Fee Paper Comments undue burden on inter-market during the month of June 2020 does not • competition. The Exchange believes its impose an undue burden on Send paper comments in triplicate proposal remains competitive with competition as the Exchange will apply to Secretary, Securities and Exchange other options markets and will offer these proposed waivers uniformly to all Commission, 100 F Street NE, market participants with another choice member organizations on the Trading Washington, DC 20549–1090. of where to transact options. The Floor. Phlx continues to permit All submissions should refer to File Exchange notes that it operates in a electronic trading and therefore fees Number SR–Phlx–2020–28. This file highly competitive market in which associated with electronic trading have number should be included on the market participants can readily favor not been waived. subject line if email is used. To help the competing venues if they deem fee The Exchange’s proposal to remove Commission process and review your levels at a particular venue to be obsolete language from Options 7, comments more efficiently, please use excessive, or rebate opportunities Section 8, related to an obsolete credit, only one method. The Commission will available at other venues to be more does not impose an undue burden on post all comments on the Commission’s favorable. In such an environment, the competition as the credit is no longer Exchange must continually adjust its internet website (http://www.sec.gov/ applicable. No member or member rules/sro.shtml). Copies of the fees to remain competitive with other organization may obtain the credit. exchanges that have been exempted submission, all subsequent from compliance with the statutory C. Self-Regulatory Organization’s amendments, all written statements standards applicable to exchanges. Statement on Comments on the with respect to the proposed rule Because competitors are free to modify Proposed Rule Change Received From change that are filed with the their own fees in response, and because Members, Participants, or Others Commission, and all written market participants may readily adjust No written comments were either communications relating to the their order routing practices, the solicited or received. proposed rule change between the Commission and any person, other than Exchange believes that the degree to III. Date of Effectiveness of the which fee changes in this market may those that may be withheld from the Proposed Rule Change and Timing for public in accordance with the impose any burden on competition is Commission Action extremely limited. provisions of 5 U.S.C. 552, will be The foregoing rule change has become available for website viewing and Intra-Market Competition effective pursuant to Section printing in the Commission’s Public Phlx’s proposal to amend Options 7, 19(b)(3)(A)(ii) of the Act.32 Reference Room, 100 F Street NE, Section 8, ‘‘Membership Fees,’’ at Part At any time within 60 days of the Washington, DC 20549, on official A, ‘‘Permit and Registration Fees,’’ to filing of the proposed rule change, the business days between the hours of offer a credit of $3,400, for the month Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the of June 2020, to any member or member temporarily suspend such rule change if filing also will be available for organization on the Trading Floor, if it appears to the Commission that such inspection and copying at the principal that member or member organization action is: (i) Necessary or appropriate in office of the Exchange. All comments was eligible for the $2,300 reduced the public interest; (ii) for the protection received will be posted without change. Permit Fee as a result of having of investors; or (iii) otherwise in Persons submitting comments are executed at least 100 options in a Phlx furtherance of the purposes of the Act. cautioned that we do not redact or edit house account for the months of If the Commission takes such action, the personal identifying information from February and March 2020, and paid the comment submissions. You should $4,000 Permit Fee in April and May 30 The Floor Broker Permit Fee is proposed to be submit only information that you wish 2020, does not impose an undue burden waived for the month of June 2020. to make available publicly. All 31 Remote Lead Market Makers and Remote submissions should refer to File on competition. The Exchange would Market Makers access the market electronically and uniformly offer all Trading Floor are therefore excluded. Number SR–Phlx–2020–28 and should members and member organizations 32 15 U.S.C. 78s(b)(3)(A)(ii). be submitted on or before July 7, 2020.

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For the Commission, by the Division of determine, monitor, and measure OCC’s equity ownership interests in OCC.10 As Trading and Markets, pursuant to delegated capital levels such that OCC maintains a result of the disapproval of the Capital authority.33 liquid net assets funded by equity Plan, OCC subsequently proposed its J. Matthew DeLesDernier, (‘‘LNAFBE’’) consistent with the ‘‘Capital Management Policy,’’ which Assistant Secretary. requirements of Rule 17Ad–22(e)(15),6 proposed a new operating capital [FR Doc. 2020–12904 Filed 6–15–20; 8:45 am] aligned with the current Capital structure, a new process for BILLING CODE 8011–01–P Management Policy.7 The proposed rule replenishing OCC’s operating capital change would also add one footnote to and certain changes to OCC’s ‘‘default the Clearing Fund Methodology Policy, waterfall’’ (i.e., the resources available SECURITIES AND EXCHANGE which would simply clarify that the to OCC in the event of a Clearing COMMISSION Capital Management Policy’s changes to Member’s suspension).11 On January 24, [Release No. 34–89037; File No. SR–OCC– OCC’s waterfall of default resources 2020, the Commission approved OCC’s 2020–006] would not change OCC’s definition of Capital Management Policy.12 ‘‘pre-funded financial resources,’’ as OCC’s Risk Management Framework Self-Regulatory Organizations; The used for purposes of the calculating Policy, Default Management Policy and Options Clearing Corporation; Notice OCC’s Clearing Fund. Clearing Fund Methodology Policy each of Filing and Immediate Effectiveness The Risk Management Framework include discrete references to aspects of of Proposed Rule Change To Make Policy, Default Management Policy and the disapproved Capital Plan or to Administrative Updates to The Options Clearing Fund Methodology Policy are OCC’s default waterfall prior to the Clearing Corporation’s Risk included as confidential Exhibits 5A, 5B changes implemented by the Capital Management Policies and 5C, respectively. Material proposed Management Policy. Specifically, OCC’s to be added is marked by underlining Risk Management Framework Policy June 10, 2020. and material proposed to be deleted is contains a paragraph summarizing the Pursuant to Section 19(b)(1) of the marked by strikethrough text. The disapproved Capital Plan and its Securities Exchange Act of 1934 proposed rule change is available on appendix includes two references to the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 OCC’s website at https:// disapproved Capital Plan. OCC’s Default notice is hereby given that on May 27, www.theocc.com/about/publications/ Management Policy includes a summary 2020, the Options Clearing Corporation bylaws.jsp. All terms with initial of the default waterfall predating the (‘‘OCC’’) filed with the Securities and capitalization that are not otherwise approval of the Capital Management Exchange Commission (‘‘Commission’’) defined herein have the same meaning Policy and a list of OCC’s ‘‘Recovery the proposed rule change as described as set forth in the OCC By-Laws and Tools’’ for default scenarios, which in Items I, II, and III below, which Items Rules.8 includes Replenishment Capital. OCC’s have been prepared by OCC. OCC filed Clearing Fund Methodology Policy the proposed rule change pursuant to II. Clearing Agency’s Statement of the contains two paragraphs that summarize Section 19(b)(3)(A)(iii) 3 of the Act and Purpose of, and Statutory Basis for, the OCC’s default waterfall as it existed Rule 19b–4(f)(6) 4 thereunder so that the Proposed Rule Change prior to the approval of the Capital proposal was effective upon filing with In its filing with the Commission, Management Policy. Each of these now- the Commission. The Commission is OCC included statements concerning outdated references needs to be revised publishing this notice to solicit the purpose of and basis for the to conform to the changes implemented comments on the proposed rule change proposed rule change and discussed any by the Capital Management Policy. from interested persons. comments it received on the proposed Proposed Changes I. Clearing Agency’s Statement of the rule change. The text of these statements Terms of Substance of the Proposed may be examined at the places specified Proposed Changes to the Risk Rule Change in Item IV below. OCC has prepared Management Framework Policy summaries, set forth in sections (A), (B), The proposed rule change by OCC OCC’s Risk Management Framework and (C) below, of the most significant Policy includes a paragraph would make conforming edits to the aspects of these statements. following policies: OCC’s Risk summarizing the disapproved Capital Management Framework Policy, OCC’s (A) Clearing Agency’s Statement of the Plan and its appendix includes two Default Management Policy and OCC’s Purpose of, and Statutory Basis for, the references to the disapproved Capital Clearing Fund Methodology Policy. In Proposed Rule Change Plan. Accordingly, the disapproval of each case, the conforming edits would the Capital Plan and adoption of the (1) Purpose ensure that descriptions of OCC’s Capital Management Policy requires that process for replenishing operating Background conforming changes be made to OCC’s Risk Management Framework Policy. capital and OCC’s waterfall of default On February 13, 2019, the The proposed rule change would resources are aligned with changes that Commission disapproved OCC’s Capital effectively replace in its entirety a short took effect with the approval of OCC’s Plan.9 The Capital Plan had provided 5 paragraph that summarizes the Capital Management Policy. Further for OCC’s operating capital structure disapproved Capital Plan with a short conforming edits to the Risk and had included a contingency for paragraph summarizing the Capital Management Framework Policy would replenishing OCC’s operating capital, if Management Policy. Specifically, the establish that the Capital Management necessary, by raising additional capital Policy must detail the principles used to from the options exchanges that have 10 Exchange Act Release No. 74452 (Mar. 6, 2015), 80 FR 13058 (Mar. 12, 2015) (SR–OCC–2015–02). 33 17 CFR 200.30–3(a)(12). 6 17 CFR 240.17Ad–22(e)(15). The contingency in the Capital Plan for 1 15 U.S.C. 78s(b)(1). 7 See supra note 5. replenishing OCC’s operating capital was referred to 2 17 CFR 240.19b–4. 8 OCC’s By-Laws and Rules can be found on as ‘‘Replenishment Capital.’’ 3 15 U.S.C. 78s(b)(3)(A)(iii). OCC’s public website: http://optionsclearing.com/ 11 Exchange Act Release No. 86725 (Aug. 21, 4 17 CFR 240.19b–4(f)(6). about/publications/bylaws.jsp. 2019), 84 FR 44944 (Aug. 27, 2019) (SR–OCC–2019– 5 Exchange Act Release No. 88029 (Jan. 24, 2020), 9 Exchange Act Release No. 85121 (Feb. 13, 2019), 007). 85 FR 5500 (Jan. 30, 2020) (SR–OCC–2019–007). 84 FR 5157 (Feb. 20, 2019) (SR–OCC–2015–02). 12 See supra note 5.

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revised paragraph would require that Proposed Changes to the Clearing Fund facilitate OCC’s authority and OCC maintain a Capital Management Methodology Policy operational capacity to take timely Policy that details the principles used to The Clearing Fund Methodology action to contain losses arising from the determine, monitor, and manage OCC’s Policy contains two paragraphs suspension of a Clearing Member. OCC’s capital levels such that OCC maintains summarizing the process for levying Clearing Fund Methodology Policy is sufficient LNAFBE in a manner charges against OCC’s Clearing Fund designed to summarize the manner by consistent with the requirements of Rule and for Clearing Member’s to replenish which OCC determines the level of 13 Clearing Fund resources to cover a wide 17Ad–22(e)(15). The proposed rule OCC’s Clearing Fund, as each process range of foreseeable stress scenarios. change also would amend the appendix existed prior to the implementation of OCC believes that making conforming of the Risk Management Framework the Capital Management Policy. edits to the Risk Management Policy to replace two references to the Accordingly, the adoption of the Capital Framework Policy, Default Management Capital Plan with references to the Management Policy requires conforming Policy and Clearing Fund Methodology Capital Management Policy. changes to OCC’s Clearing Fund Policy would improve the possibility of Methodology Policy. As revised, the OCC effectively addressing a variety of Proposed Changes to the Default first paragraph would describe OCC’s potential risks. In turn, OCC believes Management Policy use of current and retained earnings this would improve its ability to greater than 110% of OCC’s annually- OCC’s Default Management Policy ultimately maintain market and public established Target Capital Requirement includes a summary of the default confidence during a time of before OCC levies charges against its waterfall and a list of OCC’s ‘‘Recovery unprecedented stress. In this regard, Clearing Fund, as implemented by the Tools,’’ each of which predates the OCC believes the proposed rule change Capital Management Policy (this approval of the Capital Management ultimately would protect investors and paragraph would continue to Policy. Accordingly, the the public interest in a manner immediately follow a reference to the implementation of the Capital consistent with Section 17A(b)(3)(F) of use of the margin and Clearing Fund Management Policy requires conforming the Act.15 deposits of the suspended Clearing changes to OCC’s Default Management OCC also believes that the proposed Member). The second paragraph would rule change is consistent with Rules Policy. The proposed rule change would be revised to describe the contribution 17Ad–22(e)(3)(i) 16 and 17Ad– revise a list in the Default Management of unvested portions of OCC’s EDCP, in 22(e)(13).17 The proposed conforming Policy that summarizes the default proportion to any charges against the waterfall. As revised, the list would: (1) edits to the Risk Management mutualized portion of OCC’s Clearing Framework Policy would improve the Include a summary description— Fund, as implemented by the Capital immediately following the use of accuracy of the policy’s descriptions of Management Policy. OCC’s capital structure and replace margin, deposits in lieu of margin and In addition to the foregoing revisions, the Clearing Fund deposits of the outdated references to the Capital Plan. the proposed rule change also would Each of these conforming changes suspended Clearing Member—of OCC’s add a footnote making clear that OCC use of current and retained earnings would improve the accuracy of OCC’s does not consider assessment powers, Risk Management Framework Policy. In greater than 110% of OCC’s annually- available current and retained earnings established Target Capital Requirement, this regard, OCC believes its proposed exceeding 110% of the Target Capital rule change is consistent with Rule as implemented by the Capital Requirement or available unvested 17Ad–22(e)(3)(i).18 Similarly, proposed Management Policy, and (2) describe the portions of OCC’s EDCP to be ‘‘pre- conforming edits to the Default contribution of unvested portions of funded financial resources’’ for Management Policy would improve the OCC’s EDCP, in proportion to any purposes of sizing or measuring the accuracy of the policy’s descriptions of charges against the mutualized portion sufficiency of the Clearing Fund. This OCC’s default waterfall and recovery of OCC’s Clearing Fund, as change would simply clarify that the tools. The improved accuracy of the Capital Management Policy’s changes to implemented by the Capital Default Management Policy would OCC’s waterfall of default resources Management Policy. facilitate OCC’s operational capacity to would not change OCC’s definition of Also, the proposed rule change would take timely action to contain losses ‘‘pre-funded financial resources,’’ as revise a list in the Default Management arising from the suspension of a used for purposes of the calculating Policy that summarizes OCC’s Recovery Clearing Member. In this regard, OCC OCC’s Clearing Fund. Tools. As revised, the list would delete believes its proposed rule change is the use of OCC’s current and/or retained (2) Statutory Basis consistent with Rule 17Ad–22(e)(13).19 earnings from the list of OCC’s Recovery OCC also believes that the proposed OCC believes that the proposed rule rule change is consistent with Rule Tools. As implemented by the Capital change is consistent with Section 17Ad–22(e)(4).20 The proposed Management Policy, OCC’s current and 17A(b)(3)(F) of the Act 14 because the conforming edits to the Clearing Fund retained earnings greater than 110% of proposed change to update OCC’s Risk OCC’s annually-established Target Methodology Policy would improve the Management Framework Policy, Default accuracy of the policy’s descriptions of Capital Requirement would be Management Policy and Clearing Fund mandatorily contributed in advance of OCC’s default waterfall and would Methodology Policy ultimately would clarify the resources that would be any charges against the mutualized protect investors and the public interest. portion of OCC’s Clearing Fund, and counted as ‘‘pre-funded financial OCC’s Risk Management Framework resources’’ in determining the sizing thusly, would not be available as a Policy is designed to enable OCC to recovery tool for the purpose of identify, measure, monitor and manage managing a Clearing Member default 15 15 U.S.C. 78q–1(b)(3)(F). the range of risks that arise in or are 16 after OCC charges a loss to the Clearing 17 CFR 240.17Ad–22(e)(3)(i). borne by OCC. OCC’s Default 17 17 CFR 240.17Ad–22(e)(13). Fund. Management Policy is designed to 18 17 CFR 240.17Ad–22(e)(3)(i). 19 17 CFR 240.17Ad–22(e)(13). 13 17 CFR 240.17Ad–22(e)(15). 14 15 U.S.C. 78q–1(b)(3)(F). 20 17 CFR 240.17Ad–22(e)(4).

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and sufficiency of OCC’s Clearing Fund. the proposed rule change and none have post all comments on the Commission’s Together, the improved accuracy and been received. internet website (http://www.sec.gov/ clarification of these proposed rules/sro.shtml). Copies of the III. Date of Effectiveness of the conforming edits would facilitate OCC’s submission, all subsequent Proposed Rule Change and Timing for ability to, among other things, amendments, all written statements Commission Action effectively manage its credit exposures with respect to the proposed rule to participants. In this regard, OCC Pursuant to Section 19(b)(3)(A)(iii) of change that are filed with the believes its proposed rule change is the Act, 24 and Rule 19b–4(f)(6) 25 Commission, and all written consistent with Rule 17Ad–22(e)(4).21 thereunder, the proposed rule change is communications relating to the The proposed rule change is not filed for immediate effectiveness proposed rule change between the inconsistent with the existing rules of because it does not: (i) Significantly Commission and any person, other than OCC, including any other rules affect the protection of investors or the those that may be withheld from the proposed to be amended. public interest; (ii) impose any public in accordance with the significant burden on competition; and provisions of 5 U.S.C. 552, will be (B) Clearing Agency’s Statement on (iii) by its terms would not become available for website viewing and Burden on Competition operative for 30 days after the date of printing in the Commission’s Public Section 17A(b)(3)(I) of the Act 22 the filing, or such shorter time as the Reference Room, 100 F Street NE, requires that the rules of a clearing Commission may designate. Washington, DC 20549, on official agency not impose any burden on Additionally, OCC provided the business days between the hours of competition not necessary or Commission with written notice of its 10:00 a.m. and 3:00 p.m. Copies of such appropriate in furtherance of the intent to file the proposed rule change, filing also will be available for purposes of the Act. OCC does not along with a brief description and text inspection and copying at the principal believe that the proposed rule change of the proposed rule change, at least five office of OCC and on OCC’s website at would impact or impose any burden on business days prior to the date of filing https://www.theocc.com/about/ competition.23 The proposed rule of the proposed rule change or such publications/bylaws.jsp. change would update OCC’s Risk shorter time as designated by the All comments received will be posted Management Framework Policy, Default Commission. without change. Persons submitting Management Policy and Clearing Fund At any time within 60 days of the comments are cautioned that we do not Methodology Policy. The proposed filing of the proposed rule change, the redact or edit personal identifying changes to the Risk Management Commission summarily may information from comment submissions. Framework Policy, Default Management temporarily suspend such rule change if You should submit only information Policy and Clearing Fund Methodology it appears to the Commission that such that you wish to make available Policy would simply recognize the action is necessary or appropriate in the publicly. disapproval of OCC’s Capital Plan and public interest, for the protection of All submissions should refer to File its subsequent replacement with the investors, or otherwise in furtherance of Number SR–OCC–2020–006 and should adopted Capital Management Policy, the purposes of the Act. be submitted on or before July 7, 2020. and in the case of the Clearing Fund IV. Solicitation of Comments For the Commission, by the Division of Methodology Policy, add a clarifying Trading and Markets, pursuant to delegated footnote. None of the proposed updates Interested persons are invited to authority.26 to the Risk Management Framework submit written data, views and J. Matthew DeLesDernier, Policy, Default Management Policy or arguments concerning the foregoing, Assistant Secretary. Clearing Fund Methodology Policy including whether the proposed rule [FR Doc. 2020–12893 Filed 6–15–20; 8:45 am] would affect Clearing Members’ access change is consistent with the Act. BILLING CODE 8011–01–P to OCC’s services or impose any direct Comments may be submitted by any of burdens on clearing members. the following methods: Accordingly, the proposed rule change Electronic Comments SECURITIES AND EXCHANGE would not unfairly inhibit access to COMMISSION • OCC’s services or disadvantage or favor Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–89039; File No. SR–OCC– any particular user in relationship to 2020–803] another user. rules/sro.shtml); or • Send an email to rule-comments@ For the foregoing reasons, OCC Self-Regulatory Organizations; The sec.gov. Please include File Number SR– believes that the proposed rule change Options Clearing Corporation; Notice OCC–2020–006 on the subject line. is in the public interest, would be of No Objection To Advance Notice consistent with the requirements of the Paper Comments Related to Changes to the Options Act applicable to clearing agencies, and • Send paper comments in triplicate Clearing Corporation’s Non-Bank Repo would not impact or impose a burden Facility Program as Part of Its Overall on competition. to Secretary, Securities and Exchange Commission, 100 F Street NE, Liquidity Plan (C) Clearing Agency’s Statement on Washington, DC 20549–1090. June 10, 2020. Comments on the Proposed Rule All submissions should refer to File Change Received From Members, Number SR–OCC–2020–006. This file I. Introduction Participants or Others number should be included on the On April 15, 2020, the Options Written comments on the proposed subject line if email is used. To help the Clearing Corporation (‘‘OCC’’) filed with rule change were not and are not Commission process and review your the Securities and Exchange intended to be solicited with respect to comments more efficiently, please use Commission (‘‘Commission’’) advance only one method. The Commission will notice SR–OCC–2020–803 (‘‘Advance 21 Id. Notice’’) pursuant to Section 806(e)(1) of 22 15 U.S.C. 78q–1(b)(3)(I). 24 15 U.S.C. 78s(b)(3)(A)(iii). 23 Id. 25 17 CFR 240.19b–4(f)(6). 26 17 CFR 200.30–3(a)(12).

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Title VIII of the Dodd-Frank Wall Street under the Non-Bank Repo Facility, as such as pension funds or insurance Reform and Consumer Protection Act, potential sources of liquidity to manage companies, which commits OCC to entitled Payment, Clearing and the default of a Clearing Member. In the obtaining funding without further Settlement Supervision Act of 2010 event that one funding source changes, concentrating its exposure to funding (‘‘Clearing Supervision Act’’) 1 and Rule OCC has flexibility to adjust its other sources such as banks, broker/dealers, 19b–4(n)(1)(i) 2 under the Securities sources accordingly. For example, if one or futures commission merchants that Exchange Act of 1934 (‘‘Exchange of OCC’s Non-Bank Repo Facility are affiliated with Clearing Members. Act’’) 3 concerning OCC’s overall commitments expires, OCC would have Further, commitments provided as part program and requirements for executing several options to replace that of the existing Non-Bank Repo Facility one or more committed repurchase commitment within OCC’s liquidity program are required to include certain arrangements with non-bank, non- plan, including (i) executing one or terms and conditions. For example, an clearing institutional investors.4 The more other commitments under the institutional investor participating in Advance Notice was published for Non-Bank Repo Facility, (ii) exercising the Non-Bank Repo Facility is obligated public comment in the Federal Register the accordion feature under the to enter into repurchase transactions on May 22, 2020,5 and the Commission syndicated credit facility,11 (iii) even if OCC experiences a material has received no comments regarding the temporarily increasing the Cash adverse change.13 Additionally, a changes proposed in the Advance Clearing Fund Requirement, and (iv) counterparty is required to make funds Notice. The Commission is hereby executing a new master repurchase available to OCC within 60 minutes of providing notice of no objection to the agreement with other bank OCC’s delivering eligible securities, and Advance Notice. counterparties, similar to the current the counterparty is not permitted to rehypothecate purchased securities.14 II. Background 6 Bank Repo Facility. Each counterparty that participates in None of these existing requirements Currently, OCC’s liquidity plan OCC’s Non-Bank Repo Facility executes would change in connection with OCC’s provides it with access to a diverse set an industry standard master repurchase proposed modifications to the Non-Bank of funding sources to help it manage its agreement (‘‘MRA’’) as well as an Repo Facility program. The parameters daily settlement obligations, including individual confirmation containing the of the current Non-Bank Repo Facility in the event of a default of a Clearing tailored terms and conditions of program also include the aggregate Member. Those sources include (i) a transactions executed between OCC and funding commitment amount that OCC syndicated credit facility,7 (ii) a master that specific counterparty.12 The may seek as well as the duration of repurchase agreement with a bank specific parameters that OCC may commitments made under the Non-Bank 8 counterparty (‘‘Bank Repo Facility’’), accept in an individual confirmation are Repo Facility.15 Currently, under the and (iii) Clearing Members’ Cash limited as part of the Non-Bank Repo Non-Bank Repo Facility program, OCC 9 Clearing Fund Requirement. In Facility program. As discussed in more may seek aggregate commitment addition, as a fourth funding source, detail below, OCC now proposes to amounts of no less than $1 billion and OCC’s liquidity plan also includes a modify those parameters so that the no greater than $1.5 billion.16 program for executing one or more Non-Bank Repo Facility could Confirmations under the current Non- committed repurchase arrangements encompass confirmations for committed Bank Repo Facility program are limited with non-bank, non-clearing repurchase transactions of different to a commitment term greater than or institutional investors (i.e., no funding commitment amounts with a equal to 364-days. These parameters— counterparty may be a Clearing Member range of commitment term periods, aggregate commitment amount and or affiliated bank). Those arrangements, something that is not permitted under commitment term –are the primary taken together, constitute OCC’s ‘‘Non- 10 the current Non-Bank Repo Facility subject of the Advance Notice. Bank Repo Facility.’’ program. Proposed changes. OCC has As noted, OCC relies on its funding Current Non-Bank Repo Facility determined that it is necessary to amend sources, including the commitments program. Commitments under the the terms of the Non-Bank Repo Facility current Non-Bank Repo Facility to give itself more flexibility in 1 12 U.S.C. 5465(e)(1). 2 17 CFR 240.19b–4(n)(1)(i). program reduce the concentration of negotiating and obtaining a broader 3 15 U.S.C. 78a et seq. OCC’s counterparty exposure by range of funding arrangements across a 4 See Notice of Filing infra note 5, at 85 FR 31235. diversifying its lender base. OCC may broader range of counterparties. Those 5 Securities Exchange Act Release No. 88906 (May only enter into confirmations with amendments would result in two 19, 2020), 85 FR 31235 (May 22, 2020) (File No. SR– institutional investors that are not changes to the parameters of the Non- OCC–2020–803) (‘‘Notice of Filing’’). Clearing Members or affiliated banks, 6 Capitalized terms used but not defined herein 13 have the meanings specified in OCC’s Rules and By- When included in a contract, a ‘‘material Laws, available at https://www.theocc.com/about/ 11 An accordion is an uncommitted expansion of adverse change’’ is typically defined as a change publications/bylaws.jsp. a credit facility generally on the same terms as the that would have a materially adverse effect on the 7 See Exchange Act Release No. 85924 (May 23, credit facility. See Securities Exchange Act Release business or financial condition of a company. 2019), 84 FR 25089 (May 30, 2019) (SR–OCC–2019– No. 88690 (Apr. 20, 2020), 85 FR 23095, 23098 n. 14 See Notice of No Objection to 2014 Advance 803). 12] (Apr. 24, 2020) (File No. SR–OCC–2020–003). Notice, 80 FR at 1064. 8 See Exchange Act Release No. 88317 (Mar. 4, For example, the existing master confirmations 15 See Notice of No Objection to 2015 Advance 2020), 85 FR 13681 (Mar. 9, 2020) (SR–OCC–2020– under OCC’s Non-Bank Repo Facility, totaling $1 Notice, 81 FR at 3208. 801). billion, expired on January 2, 2020 and January 6, 16 The parameter under the facility was initially 9 See OCC Rule 1002 (requiring Clearing Members 2020. In anticipation of their expiration, OCC $1 billion. OCC altered the parameters of the facility to collectively contribute $3 billion in cash to the exercised an accordion feature under its syndicated to allow it to seek aggregate commitment amounts Clearing Fund), available at https:// credit facility to increase the amount from $2 between $1 billion and $1.5 billion. See Notice of www.theocc.com/components/docs/legal/rules_ billion to $2.5 billion. See Notice of Filing, 85 FR No Objection to 2015 Advance Notice, 81 FR at and_bylaws/occ_rules.pdf. at 31236. 3208. The increase to the aggregate commitment 10 See Exchange Act Release No. 73979 (Jan. 2, 12 While the form and content of the MRAs signed amount was made as part of OCC’s plan to 2015), 80 FR 1062 (Jan. 8, 2015) (SR–OCC–2014– by all counterparties would include the same terms, transition from a single $1 billion confirmation to 809) (‘‘Notice of No Objection to 2014 Advance the individual confirmation signed by a specific two confirmations of $500 million with staggered Notice’’); Exchange Act Release No. 76821 (Jan. 4, counterparty would vary in that it would set forth expiration dates. See id. at 3209 (discussing the 2016), 81 FR 3208 (Jan. 20, 2016) (SR–2015–805) the term and maximum dollar amounts of the extension of the existing confirmation and the (‘‘Notice of No Objection to 2015 Advance Notice’’). transactions permitted under the relevant MRA. execution of a second confirmation).

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Bank Repo Facility. First, OCC proposes Other than these two amendments and procedures that are reasonably to set the new aggregate commitment OCC is not proposing changes to any designed to meet certain minimum amount it may seek under the Non-Bank other parameters or requirements of the requirements for its operations and risk Repo Facility program at $1 billion, Non-Bank Repo Facility. management practices on an ongoing lowered from $1.5 billion, so that OCC basis.24 As such, it is appropriate for the may negotiate individual commitment III. Commission Findings and Notice of Commission to review advance notices amounts, each less than $1 billion, with No Objection against the Clearing Agency Rules and multiple counterparties. OCC’s Board Although the Clearing Supervision the objectives and principles of these has consistently authorized OCC to seek Act does not specify a standard of risk management standards as described commitment amounts up to an aggregate review for an advance notice, the stated in Section 805(b) of the Clearing amount of $1 billion since 2016 even purpose of the Clearing Supervision Act Supervision Act. As discussed below, though the Non-Bank Repo Facility is instructive: To mitigate systemic risk the Commission believes the changes gives OCC discretion to seek aggregate in the financial system and promote proposed in the Advance Notice are commitment amounts of up to $1.5 financial stability by, among other consistent with the objectives and billion. OCC proposes to modify the things, promoting uniform risk principles described in Section 805(b) of Non-Bank Repo Facility program to management standards for SIFMUs and the Clearing Supervision Act,25 and in align the program’s parameters with the strengthening the liquidity of SIFMUs.19 the Clearing Agency Rules, in particular commitment amount approved by Section 805(a)(2) of the Clearing Rule 17Ad–22(e)(7).26 OCC’s Board (i.e., $1 billion). The Supervision Act authorizes the A. Consistency With Section 805(b) of proposal would allow OCC to seek Commission to prescribe regulations the Clearing Supervision Act commitments even if such commitments containing risk management standards would not bring the aggregate for the payment, clearing, and The Commission believes that the commitment amount of the Non-Bank settlement activities of designated proposal contained in OCC’s Advance Repo Facility up to $1 billon. clearing entities engaged in designated Notice is consistent with the stated Second, OCC proposes to provide activities for which the Commission is objectives and principles of Section more flexibility in its ability to negotiate the supervisory agency.20 Section 805(b) 805(b) of the Clearing Supervision Act. different terms for different individual of the Clearing Supervision Act Specifically, as discussed below, the commitments that make up the Non- provides the following objectives and Commission believes that the changes Bank Repo Facility. Based on principles for the Commission’s risk proposed in the Advance Notice are negotiations with potential institutional management standards prescribed under consistent with promoting robust risk investors, OCC believes there would be Section 805(a): 21 management in the area of liquidity risk, an interest from OCC’s potential • To promote robust risk promoting safety and soundness, counterparties for committing to a term management; reducing systemic risks, and supporting of less than one year.17 OCC proposes to • to promote safety and soundness; the stability of the broader financial provide itself flexibility to execute • to reduce systemic risks; and system.27 different commitments with different • to support the stability of the The Commission believes that the terms that could be less than 364 days, broader financial system. proposed changes are consistent with as opposed to the current uniform 364- Section 805(c) provides, in addition, promoting robust risk management, in day term period, so that OCC can that the Commission’s risk management particular the management of liquidity negotiate to obtain funding commitment standards may address such areas as risk presented to OCC. As a central from a given counterparty. For example, risk management and default policies counterparty and a SIFMU,28 it is such a term could be for a fixed and procedures, among other areas.22 imperative that OCC have adequate duration of less than one year or an The Commission has adopted risk resources to be able to satisfy liquidity open-ended term that allows for management standards under Section needs arising from its settlement termination subject to a notice period. 805(a)(2) of the Clearing Supervision obligations, including in the event of a The proposal would require that, to Act and Section 17A of the Exchange Clearing Member default.29 To support execute or renew a transaction under Act (the ‘‘Clearing Agency Rules’’).23 this objective, OCC proposes to amend the Non-Bank Repo Facility, the OCC The Clearing Agency Rules require, the existing provisions of the Non-Bank Board would review the proposed among other things, each covered Repo Facility in two ways. First, OCC commitment term and authorize OCC clearing agency to establish, implement, proposes to reduce the aggregate management to enter into or renew such maintain, and enforce written policies commitment amount it may seek under transactions. The length of the term or the Non-Bank Repo Facility program so notice period OCC would be willing to commitments, and two master confirmations that OCC may negotiate individual accept would be conditioned on factors totaling $1 billion expired on January 2, 2020 and commitment amounts, each less than $1 including, but not limited to, the initial January 6, 2020. Based on this experience, OCC believes that a six-month notice period provides billion, with multiple counterparties committed length of the term, market sufficient time to allow OCC to reallocate liquidity rather than being effectively required to conditions, and OCC’s liquidity needs. resources to address a confirmation’s termination. coordinate negotiations to obtain one or OCC represented that it would be See Notice of Filing, 85 FR at 31237. more funding commitment amounts— unlikely to accept a fixed term shorter 19 See 12 U.S.C. 5461(b). all executed concurrently—totaling at than three months or a rolling term with 20 12 U.S.C. 5464(a)(2). 21 12 U.S.C. 5464(b). a notice period shorter than six 24 17 CFR 240.17Ad–22. 22 12 U.S.C. 5464(c). 18 25 12 U.S.C. 5464(b). months. 23 17 CFR 240.17Ad–22. See Securities Exchange 26 Act Release No. 68080 (Oct. 22, 2012), 77 FR 66220 17 CFR 240.17Ad–22(e)(7). 17 See Notice of Filing, 85 FR at 31237 n. 18. OCC (Nov. 2, 2012) (S7–08–11). See also Covered 27 12 U.S.C. 5464(b). provided information about the current status of Clearing Agency Standards, 81 FR 70786. The 28 See Financial Stability Oversight Council negotiations with potential counterparties in a Commission established an effective date of (‘‘FSOC’’) 2012 Annual Report, Appendix A, confidential Exhibit 3b to File No. SR–OCC–2020– December 12, 2016 and a compliance date of April available at https://www.treasury.gov/initiatives/ 803. See id. 11, 2017 for the Covered Clearing Agency fsoc/Documents/2012%20Annual%20Report.pdf. 18 In 2019, OCC’s only counterparty under the Standards. OCC is a ‘‘covered clearing agency’’ as 29 See Notice of No Objection to 2014 Advance Non-Bank Repo Facility decided not to renew its defined in Rule 17Ad–22(a)(5). Notice, 80 FR at 1065.

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least $1 billion. Second, OCC proposes reliance upon the Clearing Members as Facility provides OCC access to to expand the scope of the permissible the primary source of liquidity qualifying liquid resources to the extent commitment term for confirmations resources available to OCC to manage a that OCC has sufficient collateral to executed under the Non-Bank Repo Clearing Member default in turn access the facility.36 The Commission Facility program to offset institutional enhances OCC’s overall ability to believes, therefore, that the proposed investors’ reservations about committing manage the liquidity needs arising from changes to the aggregate commitment liquidity for extended periods of time. such an event or other events that could level of and potential term of The Commission believes that arise contemporaneously. Therefore, the commitments under the Non-Bank Repo approving these two changes would give Commission believes that the Advance Facility program are reasonably OCC greater flexibility under the Non- Notice promotes the safety and designed to support OCC’s ability to Bank Repo Facility to obtain additional soundness of OCC, enhances OCC’s hold qualifying liquid resources to meet liquidity resources in the form of ability to manage systemic risk that its liquidity resource requirements commitments under the Non-Bank Repo could arise in the event of a Clearing consistent with the requirements of Rule Facility. Further, the Commission Member default, and thus supports the 17Ad–22(e)(7)(ii) under the Exchange believes that the flexibility to obtain broader financial system. As such, the Act.37 resources specifically through the Non- Commission believes it is consistent Accordingly, the Commission believes Bank Repo Facility would help OCC with promoting safety and soundness, that implementation of the Non-Bank maintain diversity among its liquidity reducing systemic risks, and promoting Repo Facility would be consistent with resources because a counterparty under the stability of the broader financial Rule 17Ad–22(e)(7) under the Exchange the Non-Bank Repo Facility could not system as contemplated in Section Act.38 be a Clearing Member or affiliated bank. 805(b) of the Clearing Supervision IV. Conclusion Therefore, the Commission believes that Act.32 the Advance Notice enhances and Accordingly, and for the reasons It is therefore noticed, pursuant to further diversifies OCC’s access to stated above, the Commission believes Section 806(e)(1)(I) of the Clearing liquidity resources, which in turn the changes proposed in the Advance Supervision Act, that the Commission would strengthen OCC’s overall ability Notice are consistent with Section DOES NOT OBJECT to Advance Notice to manage its liquidity risk exposures. 805(b) of the Clearing Supervision (SR–OCC–2020–803) and that OCC is As such, the Commission believes that Act.33 AUTHORIZED to implement the the proposal would promote robust proposed change as of the date of this liquidity risk management at OCC B. Consistency With Rule 17Ad–22(e)(7) notice. Under the Exchange Act consistent with Section 805(b) of the By the Commission. 30 Clearing Supervision Act. Rule 17Ad–22(e)(7)(ii) under the J. Matthew DeLesDernier, The Commission also believes that the Exchange Act requires that a covered Assistant Secretary. changes proposed in the Advance clearing agency establish, implement, Notice are consistent with promoting maintain, and enforce written policies [FR Doc. 2020–12900 Filed 6–15–20; 8:45 am] safety and soundness, reducing systemic and procedures reasonably designed to BILLING CODE 8011–01–P risks, and promoting the stability of the effectively measure, monitor, and broader financial system. As described manage the liquidity risk that arises in SECURITIES AND EXCHANGE above, the proposal would give OCC or is borne by the covered clearing COMMISSION more flexibility to negotiate liquidity agency, including measuring, commitments across a range of potential monitoring, and managing its settlement [Release No. 34–89038; File No. SR– counterparties that are not otherwise and funding flows on an ongoing and NYSEArca–2020–52] Clearing Members. As previously timely basis, and its use of intraday Self-Regulatory Organizations; NYSE discussed, to address liquidity needs liquidity by, at a minimum, holding Arca, Inc.; Notice of Filing and arising from a Clearing Member default, qualifying liquid resources sufficient to Immediate Effectiveness of Proposed OCC maintains as liquidity resources meet the minimum liquidity resource Rule Change To Modify the NYSE Arca the Bank Repo Facility (where the requirement under Rule 17Ad– Options Fee Schedule counterparty is an affiliate of two 22(e)(7)(i) in each relevant currency for Clearing Members), the syndicated which the covered clearing agency has June 10, 2020. credit facility (where many of the payment obligations owed to clearing Pursuant to Section 19(b)(1) 1 of the lenders are Clearing Members), and the members.34 The term ‘‘qualifying liquid Securities Exchange Act of 1934 (the Cash Clearing Fund Requirement resources’’ includes assets that are ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (which is funded exclusively by readily available and convertible into notice is hereby given that, on June 1, 31 Clearing Members). Giving OCC more cash through prearranged funding 2020, NYSE Arca, Inc. (‘‘NYSE Arca’’ or flexibility to diversify liquidity arrangements, such as, committed the ‘‘Exchange’’) filed with the providers in the form of new funding arrangements without material adverse Securities and Exchange Commission commitments under the Non-Bank Repo change provisions, including, among (the ‘‘Commission’’) the proposed rule Facility reduces the potential others, repurchase agreements.35 change as described in Items I, II, and concentration of liquidity pressure that Because the Non-Bank Repo Facility OCC, the Clearing Members and their provides OCC with prearranged 36 OCC would use U.S. government securities that clients could face in the event of a commitments to convert assets into cash are included in Clearing Fund contributions by Clearing Member default. This reduced even if OCC experiences a material Clearing Members and margin deposits of any Clearing Member that has been suspended by OCC adverse change, the Commission for the repurchase arrangements. See Notice of 30 12 U.S.C. 5464(b). believes that the Non-Bank Repo Filing, 85 FR at 31235 n. 9. 31 See Exchange Act Release No. 88120 (Feb. 5, 37 17 CFR 240.17Ad–22(e)(7)(ii). 2020), 85 FR 7812, 7814 n. 19 (Feb. 11, 2020) (File 32 38 No. SR–OCC–2020–801) (stating that OCC exercised 12 U.S.C. 5464(b). 17 CFR 240.17Ad–22(e)(7). an accordion feature under its syndicated credit 33 12 U.S.C. 5464(b). 1 15 U.S.C. 78s(b)(1). facility in anticipation of the expiration of 34 17 CFR 240.17Ad–22(e)(7)(ii). 2 15 U.S.C. 78a. confirmations under the Non-Bank Repo Facility). 35 17 CFR 240.17Ad–22(a)(14)(ii)(3). 3 17 CFR 240.19b–4.

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III below, which Items have been Although the Trading Floor partially 6(b)(4) and (5) of the Act,9 in particular, prepared by the self-regulatory reopened on May 4, 2020 and Floor- because it provides for the equitable organization. The Commission is based open outcry activity is supported, allocation of reasonable dues, fees, and publishing this notice to solicit certain participants have been unable to other charges among its members, comments on the proposed rule change resume pre-Floor closure levels of issuers and other persons using its from interested persons. operations. Thus, the Exchange facilities and does not unfairly proposes to extend the fee waiver discriminate between customers, I. Self-Regulatory Organization’s through June 2020, but only for Floor issuers, brokers or dealers. Statement of the Terms of Substance of Broker firms that are unable to operate The Exchange operates in a highly the Proposed Rule Change at more than 50% of their March 2020 competitive market. The Commission The Exchange proposes to modify the on-Floor staffing levels and for Market has repeatedly expressed its preference NYSE Arca Options Fee Schedule (‘‘Fee Maker firms that have vacant or for competition over regulatory Schedule’’) to waive certain Floor-based ‘‘unmanned’’ Podia for the entire month intervention in determining prices, fixed fees for the month of June 2020. due to COVID–19 related considerations products, and services in the securities The Exchange proposes to implement (the ‘‘Qualifying Firms’’).5 markets. In Regulation NMS, the the fee change effective June 1, 2020. Specifically, the proposed fee waiver Commission highlighted the importance The proposed rule change is available covers the following fixed fees for of market forces in determining prices on the Exchange’s website at Qualifying Firms, which relate directly and SRO revenues and, also, recognized www.nyse.com, at the principal office of to Floor operations, are charged only to that current regulation of the market the Exchange, and at the Commission’s Floor participants and do not apply to system ‘‘has been remarkably successful Public Reference Room. participants that conduct business off- in promoting market competition in its Floor: broader forms that are most important to II. Self-Regulatory Organization’s • Floor Booths; investors and listed companies.’’ 10 Statement of the Purpose of, and • Market Maker Podia; There are currently 16 registered Statutory Basis for, the Proposed Rule • Options Floor Access; options exchanges competing for order Change • Wire Services; and flow. Based on publicly-available • 6 In its filing with the Commission, the ISP Connection. information, and excluding index-based self-regulatory organization included Like the previous fee waiver, the options, no single exchange has more statements concerning the purpose of, proposed fee change is designed to than 16% of the market share of and basis for, the proposed rule change reduce monthly costs for Qualifying executed volume of multiply-listed and discussed any comments it received Firms whose operations continue to be equity and ETF options trades.11 on the proposed rule change. The text disrupted despite the fact that the Therefore, currently no exchange of those statements may be examined at Trading Floor has partially reopened. In possesses significant pricing power in the places specified in Item IV below. reducing this monthly financial burden, the execution of multiply-listed equity & The Exchange has prepared summaries, the proposed change would allow ETF options order flow. More set forth in sections A, B, and C below, Qualifying Firms to reallocate funds to specifically, in January 2020, the of the most significant parts of such assist with the cost of shifting and Exchange had less than 10% market statements. maintaining their prior fully-staffed on- share of executed volume of multiply- Floor operations to off-Floor and recoup listed equity & ETF options trades.12 A. Self-Regulatory Organization’s losses as a result of the unanticipated This proposed fee change is Statement of the Purpose of, and the Floor closure and now partial reasonable, equitable, and not unfairly Statutory Basis for, the Proposed Rule reopening. Absent this change, such discriminatory because it would reduce Change participants may experience an monthly costs for Qualifying Firms 1. Purpose unexpected increase in the cost of doing whose operations have been disrupted business on the Exchange.7 despite the fact that the Trading Floor The purpose of this filing is to modify The Exchange believes that all has partially reopened because of the the Fee Schedule to waive certain Floor- Qualifying Firms would benefit from social distancing requirements and/or based fixed fees for June 2020 for market this proposed fee change. other health concerns related to participants that have been unable to 2. Statutory Basis resuming operation on the Floor. In resume their Floor operations to a reducing this monthly financial burden, certain capacity level, as discussed The Exchange believes that the the proposed change would allow below. The Exchange proposes to proposed rule change is consistent with affected participants to reallocate funds implement the fee change effective June Section 6(b) of the Act,8 in general, and to assist with the cost of shifting and 1, 2020. furthers the objectives of Sections maintaining their prior fully-staffed on- On March 18, 2020, the Exchange Floor operations to off-Floor and recoup announced that it would temporarily FLOOR and EQUIPMENT and CO-LOCATION losses as a result of the partial reopening close the Trading Floor, effective FEES. of the Floor. Absent this change, such 5 See proposed Fee Schedule, NYSE Arca Monday, March 23, 2020, as a OPTIONS: FLOOR and EQUIPMENT and CO- participants may experience an precautionary measure to prevent the LOCATION FEES. potential spread of COVID–19. 6 See id. 9 15 U.S.C. 78f(b)(4) and (5). Following the temporary closure of the 7 The Exchange will refund participants of the 10 See Securities Exchange Act Release No. 51808 Trading Floor, the Exchange waived Floor Broker Prepayment Program for any prepaid (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) certain Floor-based fixed fees for April June 2020 fees that are waived. See proposed Fee (S7–10–04) (‘‘Reg NMS Adopting Release’’). Schedule, FLOOR BROKER FIXED COST 11 The OCC publishes options and futures volume 4 and May 2020 (the ‘‘fee waiver’’). PREPAYMENT INCENTIVE PROGRAM (the ‘‘FB in a variety of formats, including daily and monthly Prepay Program’’) (providing that ‘‘the Exchange volume by exchange, available here: https:// 4 See Securities Exchange Act Release Nos. 88596 will refund certain of the prepaid Eligible Fixed www.theocc.com/market-data/volume/default.jsp. (April 8, 2020), 85 FR 20796 (April 14, 2020) (SR– costs that were waived for June 2020, per NYSE 12 Based on OCC data, see id., in 2019, the NYSEArca–2020–29); 88812 (May 5, 2020), 85 FR Arca OPTIONS: FLOOR and EQUIPMENT and CO- Exchange’s market share in equity-based options 27787 (May 11, 2020) (SR–NYSEArca–2020–38). LOCATION FEES’’). was 9.57% for the month of January 2019 and See also Fee Schedule, NYSE Arca OPTIONS: 8 15 U.S.C. 78f(b). 9.59% for the month of January 2020.

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unexpected increase in the cost of doing reducing this monthly financial burden, Floor. Absent this change, Qualifying business on the Exchange. The the proposed change would allow Firms may experience an unintended Exchange believes that all Qualifying affected participants to reallocate funds increase in the cost of doing business on Firms would benefit from this proposed to assist with the cost of shifting and the Exchange, which would make the fee change. maintaining their previously on-Floor Exchange a less competitive venue on The Exchange believes the proposed operations to off-Floor. Absent this which to trade as compared to other rule change is an equitable allocation of change, such Qualifying Firms may options exchanges. its fees and credits as it merely experience an unintended increase in C. Self-Regulatory Organization’s continues the previous fee waiver, the cost of doing business on the Statement on Comments on the which affects fees charged only to Floor Exchange. The Exchange believes that Proposed Rule Change Received From participants and do not apply to the proposed waiver of fees for Members, Participants, or Others participants that conduct business off- Qualifying Firms would not impose a Floor. The Exchange believes it is an disparate burden on competition among No written comments were solicited equitable allocation of fees and credits market participants on the Exchange or received with respect to the proposed to extend this fee waiver to Qualifying because off-Floor market participants rule change. Firms because such firms have either are not subject to these Floor-based III. Date of Effectiveness of the less than half of their Floor staff (March fixed fees and Floor-based firms that are Proposed Rule Change and Timing for 2020) levels or have vacant podia—and not subject to the extent of staffing Commission Action this reduction in physical capacity on shortfalls as the Qualifying Firms—i.e., The foregoing rule change is effective the Floor impacts the speed, volume have at least 50% of their March 2020 upon filing pursuant to Section and efficiency with which these firms staffing levels on the Floor and/or have 16 can operate, which is to their detriment. 19(b)(3)(A) of the Act and no vacant Podia during June 2020, do subparagraph (f)(2) of Rule 19b–4 17 The Exchange believes that the not face the same operational disruption proposal is not unfairly discriminatory thereunder, because it establishes a due, and potential financial impact during fee, or other charge imposed by the because the proposed continuation of the partial reopening of the Floor. the fee waiver would affect all similarly- Exchange. Intermarket Competition. The At any time within 60 days of the situated market participants on an equal Exchange operates in a highly filing of such proposed rule change, the and non-discriminatory basis. competitive market in which market Commission summarily may Finally, the Exchange believes that it participants can readily favor one of the is subject to significant competitive temporarily suspend such rule change if 16 competing option exchanges if they it appears to the Commission that such forces, as described below in the deem fee levels at a particular venue to Exchange’s statement regarding the action is necessary or appropriate in the be excessive. In such an environment, public interest, for the protection of burden on competition. the Exchange must continually adjust its investors, or otherwise in furtherance of B. Self-Regulatory Organization’s fees to remain competitive with other the purposes of the Act. If the Statement on Burden on Competition exchanges and to attract order flow to Commission takes such action, the the Exchange. Based on publicly- In accordance with Section 6(b)(8) of Commission shall institute proceedings available information, and excluding 18 the Act, the Exchange does not believe under Section 19(b)(2)(B) of the Act to index-based options, no single exchange that the proposed rule change would determine whether the proposed rule currently has more than 16% of the impose any burden on competition that change should be approved or market share of executed volume of is not necessary or appropriate in disapproved. multiply-listed equity and ETF options furtherance of the purposes of the Act. trades.14 Therefore, currently no IV. Solicitation of Comments The Exchange believes that the exchange possesses significant pricing Interested persons are invited to proposed changes would encourage the power in the execution of multiply- submit written data, views, and continued participation of Qualifying listed equity & ETF options order flow. arguments concerning the foregoing, Firms, thereby promoting market depth, More specifically, in January 2020, the including whether the proposed rule price discovery and transparency and Exchange had less than 10% market change is consistent with the Act. enhancing order execution share of executed volume of multiply- Comments may be submitted by any of opportunities for all market listed equity & ETF options trades.15 the following methods: participants. As a result, the Exchange The Exchange believes that the believes that the proposed change Electronic Comments proposed rule change reflects this furthers the Commission’s goal in • competitive environment because it Use the Commission’s internet adopting Regulation NMS of fostering waives fees for Qualifying Firms and is comment form (http://www.sec.gov/ integrated competition among orders, designed to reduce monthly costs for rules/sro.shtml); or which promotes ‘‘more efficient pricing • Floor participants whose operations Send an email to rule-comments@ of individual stocks for all types of continue to be disrupted despite the fact sec.gov. Please include File Number SR– orders, large and small.’’ 13 that the Trading Floor has partially NYSEArca–2020–52 on the subject line. Intramarket Competition. The reopened. In reducing this monthly proposed change, which continues the Paper Comments financial burden, the proposed change fee waiver in place when the Floor was • Send paper comments in triplicate would allow affected participants to temporarily closed but only for to: Secretary, Securities and Exchange reallocate funds to assist with the cost Qualifying Firms, is designed to reduce Commission, 100 F Street NE, of shifting and maintaining their prior monthly costs for those Floor Washington, DC 20549–1090. fully-staffed on-Floor operations to off- participants whose operations continue All submissions should refer to File to be impacted despite the fact that the Number SR–NYSEArca–2020–52. This 14 See supra note 11. Trading Floor has partially reopened. In 15 Based on OCC data, supra note 12, the Exchange’s market share in equity-based options 16 15 U.S.C. 78s(b)(3)(A). 13 See Reg NMS Adopting Release, supra note 10, was 9.57% for the month of January 2019 and 17 17 CFR 240.19b–4(f)(2). at 37499. 9.59% for the month of January, 2020. 18 15 U.S.C. 78s(b)(2)(B).

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file number should be included on the SECURITIES AND EXCHANGE (‘‘NYSE Arca’’) (each, a ‘‘Participating subject line if email is used. To help the COMMISSION Organization,’’ and, together, the ‘‘Participating Organizations’’ or the Commission process and review your [Release No. 34–89042; File No. 4–618] comments more efficiently, please use ‘‘Parties’’). This Agreement amends and only one method. The Commission will Program for Allocation of Regulatory restates the agreement by and among the post all comments on the Commission’s Responsibilities Pursuant to Rule 17d– Participating Organizations approved by 3 internet website (http://www.sec.gov/ 2; Notice of Filing and Order the Commission on March 12, 2020. rules/sro.shtml). Copies of the Approving and Declaring Effective an I. Introduction Amendment to the Plan for the submission, all subsequent Section 19(g)(1) of the Act,4 among Allocation of Regulatory amendments, all written statements other things, requires every self- Responsibilities Between Cboe BZX with respect to the proposed rule regulatory organization (‘‘SRO’’) Exchange, Inc., Cboe BYX Exchange, change that are filed with the registered as either a national securities Inc., BOX Exchange LLC, Cboe Commission, and all written exchange or national securities Exchange, Inc., Cboe C2 Exchange, communications relating to the association to examine for, and enforce Inc., NYSE Chicago, Inc., Cboe EDGA proposed rule change between the compliance by, its members and persons Exchange, Inc., Cboe EDGX Exchange, Commission and any person, other than associated with its members with the Inc., Financial Industry Regulatory those that may be withheld from the Act, the rules and regulations Authority, Inc., Long-Term Stock thereunder, and the SRO’s own rules, public in accordance with the Exchange, Inc., MEMX LLC, Nasdaq unless the SRO is relieved of this provisions of 5 U.S.C. 552, will be ISE, LLC, Nasdaq GEMX, LLC, Nasdaq responsibility pursuant to Section 17(d) available for website viewing and MRX, LLC, Investors Exchange LLC, or Section 19(g)(2) of the Act.5 Without printing in the Commission’s Public Miami International Securities this relief, the statutory obligation of Reference Room, 100 F Street NE, Exchange, LLC, MIAX PEARL, LLC, each individual SRO could result in a Washington, DC 20549 on official MIAX Emerald, LLC, The Nasdaq Stock pattern of multiple examinations of business days between the hours of Market LLC, Nasdaq BX, Inc., Nasdaq broker-dealers that maintain 10:00 a.m. and 3:00 p.m. Copies of the PHLX LLC, NYSE National, Inc., New memberships in more than one SRO filing also will be available for York Stock Exchange LLC, NYSE (‘‘common members’’). Such regulatory inspection and copying at the principal American LLC, and NYSE Arca, Inc. duplication would add unnecessary Concerning Covered Regulation NMS office of the Exchange. All comments expenses for common members and and Consolidated Audit Trail Rules received will be posted without change. their SROs. Persons submitting comments are 6 June 10, 2020. Section 17(d)(1) of the Act was cautioned that we do not redact or edit Notice is hereby given that the intended, in part, to eliminate personal identifying information from Securities and Exchange Commission unnecessary multiple examinations and comment submissions. You should (‘‘Commission’’) has issued an Order, regulatory duplication.7 With respect to submit only information that you wish pursuant to Section 17(d) of the a common member, Section 17(d)(1) to make available publicly. All Securities Exchange Act of 1934 authorizes the Commission, by rule or submissions should refer to File (‘‘Act’’),1 approving and declaring order, to relieve an SRO of the Number SR–NYSEArca–2020–52 and effective an amendment to the plan for responsibility to receive regulatory should be submitted on or before July 7, allocating regulatory responsibility reports, to examine for and enforce 2020. (‘‘Plan’’) filed on May 19, 2020, compliance with applicable statutes, 2 rules, and regulations, or to perform For the Commission, by the Division of pursuant to Rule 17d–2 of the Act, by Cboe BZX Exchange, Inc. (‘‘BZX’’), Cboe other specified regulatory functions. Trading and Markets, pursuant to delegated To implement Section 17(d)(1), the authority.19 BYX Exchange, Inc. (‘‘BATS Y’’), BOX Exchange LLC (‘‘BOX’’), Cboe Exchange, Commission adopted two rules: Rule J. Matthew DeLesDernier, 8 Inc. (‘‘Cboe’’), Cboe C2 Exchange, Inc. 17d–1 and Rule 17d–2 under the Act. Assistant Secretary. (‘‘C2’’), NYSE Chicago, Inc. (‘‘CHX’’), Rule 17d–1 authorizes the Commission [FR Doc. 2020–12894 Filed 6–15–20; 8:45 am] Cboe EDGA Exchange, Inc. (‘‘EDGA’’), to name a single SRO as the designated BILLING CODE 8011–01–P Cboe EDGX Exchange, Inc. (‘‘EDGX’’), examining authority (‘‘DEA’’) to Financial Industry Regulatory examine common members for Authority, Inc. (‘‘FINRA’’), Long-Term compliance with the financial Stock Exchange, Inc. (‘‘LTSE’’), MEMX responsibility requirements imposed by LLC (‘‘MEMX’’), Nasdaq ISE, LLC the Act, or by Commission or SRO (‘‘ISE’’), Nasdaq GEMX, LLC (‘‘GEMX’’), rules.9 When an SRO has been named as Nasdaq MRX, LLC (‘‘MRX’’), Investors a common member’s DEA, all other Exchange LLC (‘‘IEX’’), Miami SROs to which the common member International Securities Exchange, LLC (‘‘MIAX’’), MIAX PEARL, LLC (‘‘MIAX 3 See Securities Exchange Act Release No. 88366, PEARL’’), MIAX Emerald, LLC (‘‘MIAX 85 FR 15238 (March 17, 2020). 4 15 U.S.C. 78s(g)(1). Emerald’’), The Nasdaq Stock Market 5 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), LLC (‘‘Nasdaq’’), Nasdaq BX, Inc. respectively. (‘‘BX’’), Nasdaq PHLX LLC (‘‘PHLX’’), 6 15 U.S.C. 78q(d)(1). NYSE National, Inc. (‘‘NYSE National’’), 7 See Securities Act Amendments of 1975, Report New York Stock Exchange LLC of the Senate Committee on Banking, Housing, and (‘‘NYSE’’), NYSE American LLC (‘‘NYSE Urban Affairs to Accompany S. 249, S. Rep. No. 94– 75, 94th Cong., 1st Session 32 (1975). American’’), and NYSE Arca, Inc. 8 17 CFR 240.17d–1 and 17 CFR 240.17d–2, respectively. 1 15 U.S.C. 78q(d). 9 See Securities Exchange Act Release No. 12352 19 17 CFR 200.30–3(a)(12). 2 17 CFR 240.17d–2. (April 20, 1976), 41 FR 18808 (May 7, 1976).

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belongs are relieved of the responsibility Participating Organization.14 On stocks and will serve as the DCSA. For to examine the firm for compliance with February 4, 2019, the Commission common members that are not members the applicable financial responsibility approved an amended plan that added of an exchange that trades NMS stocks, rules. On its face, Rule 17d–1 deals only MIAX Emerald as a Participating the common member would be with an SRO’s obligations to enforce Organization and reflected name allocated according to the principles set member compliance with financial changes of certain Participating forth in Section 2(c) of the Plan. responsibility requirements. Rule 17d–1 Organizations.15 On July 25, 2019, the The text of the Plan delineates the does not relieve an SRO from its Commission approved an amended plan proposed regulatory responsibilities obligation to examine a common that added LTSE as a Participating with respect to the Parties. Included in member for compliance with its own Organization and reflected name the proposed Plan is an exhibit (the rules and provisions of the federal changes of certain Participating ‘‘Covered Rules’’) that lists the federal 16 securities laws governing matters other Organizations. On March 12, 2020, the securities laws, rules, and regulations, than financial responsibility, including Commission approved an amended plan for which the applicable DREA would bear examination and enforcement sales practices and trading activities and that added Rule 613 under the Act and responsibility, and for which the practices. the rules of each Participating Organization related to Rule 613 listed applicable DCSA would bear To address regulatory duplication in on Exhibit A to the Plan, and reflected surveillance, investigation, and these and other areas, the Commission the name change of Nasdaq PHLX, Inc. enforcement responsibility, under the adopted Rule 17d–2 under the Act.10 to Nasdaq PHLX LLC.17 Plan for common members of the Rule 17d–2 permits SROs to propose The proposed 17d–2 Plan is intended Participating Organization and their joint plans for the allocation of to reduce regulatory duplication for associated persons. regulatory responsibilities with respect firms that are members of more than one Specifically, the applicable DREA to their common members. Under Participating Organization.18 The Plan assumes examination and enforcement paragraph (c) of Rule 17d–2, the provides for the allocation of regulatory responsibility, and the applicable DCSA Commission may declare such a plan responsibility according to whether the assumes surveillance, investigation, and effective if, after providing for covered rule pertains to NMS stocks or enforcement responsibility, relating to appropriate notice and comment, it NMS securities. For covered rules that compliance by common members with determines that the plan is necessary or pertain to NMS stocks (i.e., Rules 607, the Covered Rules. Covered Rules do appropriate in the public interest and 611, and 612), FINRA serves as the not include the application of any rule for the protection of investors; to foster ‘‘Designated Regulation NMS Examining of a Participating Organization, or any cooperation and coordination among the Authority’’ (‘‘DREA’’) for common rule or regulation under the Act, to the SROs; to remove impediments to, and members that are members of FINRA, extent that it pertains to violations of foster the development of, a national and assumes certain examination and insider trading activities, because such market system and a national clearance enforcement responsibilities for those matters are covered by a separate and settlement system; and is in members with respect to specified multiparty agreement under Rule 17d– 19 conformity with the factors set forth in Regulation NMS rules. For common 2. Under the Plan, Participating Section 17(d) of the Act. Commission members that are not members of Organizations retain full responsibility approval of a plan filed pursuant to Rule FINRA, the member’s DEA serves as the for surveillance and enforcement with 17d–2 relieves an SRO of those DREA and ‘‘Designated CAT respect to trading activities or practices involving their own marketplace.20 regulatory responsibilities allocated by Surveillance Authority (‘‘DCSA’’), the plan to another SRO. provided that the DEA exchange III. Proposed Amendment to the Plan operates a national securities exchange II. The Plan or facility that trades NMS stocks and On May 19, 2020, the parties the common member is a member of submitted a proposed amendment to the On December 3, 2010, the such exchange or facility. Section 2(c) of Plan. The primary purpose of the Commission approved the SRO the Plan contains a list of principles that amendment is to add MEMX as a participants’ plan for allocating are applicable to the allocation of Participant to the Plan. The text of the proposed amended regulatory responsibilities pursuant to common members in cases not 11 17d–2 Plan is as follows (additions are Rule 17d–2. On October 29, 2015, the specifically addressed in the Plan. An in italics; deletions are in brackets): Commission approved an amended plan exchange that does not trade NMS that added Regulation NMS Rules 606, stocks would have no regulatory * * * * * 607, and 611(c) and (d) and added authority for covered Regulation NMS Agreement for the Allocation of additional Participating Organizations rules pertaining to NMS stocks. For Regulatory Responsibility for the that are options markets to the Plan.12 covered rules that pertain to NMS Covered Regulation NMS and On August 11, 2016, the Commission securities, and thus include options Consolidated Audit Trail Rules approved an amended plan that added (i.e., Rule 606, Rule 613 and the SRO Pursuant to § 17(d) of the Securities IEX and ISE Mercury as Participating Covered CAT Rules), the Plan provides 13 Exchange Act of 1934, 15 U.S.C. 78q(d), Organizations. On February 2, 2017, that the DREA will be the same as the and Rule 17d–2 Thereunder the Commission approved an amended DREA for the rules pertaining to NMS plan that added MIAX PEARL as a This agreement (the ‘‘Agreement’’) by and among Cboe BZX Exchange, Inc. 14 See Securities Exchange Act Release No. 79928, 10 See Securities Exchange Act Release No. 12935 82 FR 9814 (February 8, 2017). (‘‘BZX’’), Cboe BYX Exchange, Inc. (October 28, 1976), 41 FR 49091 (November 8, 15 See Securities Exchange Act Release No. 85046, (‘‘BATS Y’’), BOX Exchange LLC 1976). 84 FR 2643 (February 7, 2019). 11 See Securities Exchange Act Release No. 63430, 16 See Securities Exchange Act Release No. 86470, 19 See Securities Exchange Act Release No. 88948 75 FR 76758 (December 9, 2010). 84 FR 37363 (July 31, 2019). (May 26, 2020), 85 FR 33239 (June 1, 2020) (File 12 See Securities Exchange Act Release No. 76311, 17 See Securities Exchange Act Release No. 88366, No. 4–566) (notice of filing and order approving and 80 FR 68377 (November 4, 2015). 85 FR 15238 (March 17, 2020). declaring effective an amendment to the insider 13 See Securities Exchange Act Release No. 78552, 18 The proposed 17d–2 Plan refers to these trading 17d–2 plan). 81 FR 54905 (August 17, 2016). members as ‘‘Common Members.’’ 20 See paragraph 3 of the Plan.

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(‘‘BOX’’), Cboe Exchange, Inc. (‘‘Cboe’’), investigation and enforcement of SEA a national securities exchange or facility Cboe C2 Exchange, Inc. (‘‘C2’’), NYSE Rule 613 and the SRO Covered CAT that trades NMS stocks and the Chicago, Inc. (‘‘CHX’’), Cboe EDGA Rules; and Common Member is a member of such Exchange, Inc. (‘‘EDGA’’), Cboe EDGX Whereas, the Participating exchange or facility. For all other Exchange, Inc. (‘‘EDGX’’), Financial Organizations will request regulatory Common Members, the Participating Industry Regulatory Authority, Inc. allocation of these regulatory Organizations shall allocate Common (‘‘FINRA’’), MEMX LLC (‘‘MEMX’’), responsibilities by executing and filing Members among the Participating Nasdaq ISE, LLC (‘‘ISE’’), Nasdaq with the SEC this plan for the above Organizations (other than FINRA) that GEMX, LLC (‘‘GEMX’’), Nasdaq MRX, stated purposes pursuant to the operate a national securities exchange LLC (‘‘MRX’’), Investors Exchange LLC provisions of § 17(d) of the Act, and that trades NMS stocks based on the (‘‘IEX’’), Miami International Securities Rule 17d–2 thereunder, as described principles outlined below and the Exchange, LLC (‘‘MIAX’’), MIAX below. Participating Organization to which PEARL, LLC (‘‘MIAX PEARL’’), MIAX Now, therefore, in consideration of such a Common Member is allocated Emerald, LLC (‘‘MIAX Emerald’’), The the mutual covenants contained shall serve as the DREA for that Nasdaq Stock Market LLC (‘‘Nasdaq’’), hereafter, and other valuable Common Member. (A Participating Nasdaq BX, Inc. (‘‘BX’’), Nasdaq PHLX consideration to be mutually exchanged, Organization that operates a national LLC (‘‘PHLX’’), NYSE National, Inc. the Participating Organizations hereby securities exchange that does not trade (‘‘NYSE National’’), New York Stock agree as follows: NMS stocks has no regulatory Exchange LLC (‘‘NYSE’’), NYSE 1. Assumption of Surveillance responsibilities related to Covered American LLC (‘‘NYSE American’’), Responsibility. The Designated CAT Regulation NMS Rules pertainining to NYSE Arca, Inc. (‘‘NYSE Arca’’) and Surveillance Authority (the ‘‘DCSA’’) NMS stocks and will not serve as DREA Long-Term Stock Exchange, Inc. shall assume surveillance, investigation for such Covered Regulation NMS (‘‘LTSE’’) (each, a ‘‘Participating and enforcement responsibility relating Rules.) Organization,’’ and, together, the to compliance by Common Members b. For Covered Regulation NMS Rules ‘‘Participating Organizations’’), is made with SEA Rule 613 and the SRO Pertaining to ‘‘NMS securities’’ (as pursuant to § 17(d) of the Securities Covered CAT Rules listed on Exhibit A defined in Regulation NMS) (i.e., Rule Exchange Act of 1934 (the ‘‘Act’’ or (‘‘Surveillance Responsibility’’). 606 and Rule 613) and the SRO Covered ‘‘SEA’’), 15 U.S.C. 78q(d), and Rule Included in the Surveillance CAT Rules listed on Exhibit A hereto, 17d–2 thereunder, which allow for Responsibility assumed hereunder the the DREA shall be the same as the DREA plans to allocate regulatory DCSA shall perform investigations and for Covered Regulation NMS Rules responsibility among self-regulatory enforcement resulting from reports and pertaining to NMS stocks (and shall organizations (‘‘SROs’’). Upon approval metrics concerning potentially non- serve as the DCSA in paragraph 1 by the Securities and Exchange compliant CAT reporting generated by above). For Common Members that are Commission (‘‘Commission’’ or ‘‘SEC’’), the Plan Processor for the National not members of a national securities this Agreement shall amend and restate Market System Plan Governing the exchange that trades NMS stocks and the agreement by and among the Consolidated Audit Trail and as thus have not been appointed a DREA Participating Organizations approved by provided for in the Monitoring CAT under paragraph a., the Participating the SEC on [July 25, 2019] March 12, Reporter Compliance Policy (dated Organizations shall allocate the 2020. August 13, 2019 and as amended from Common Members among the Whereas, the Participating time to time) relating to Common Participating Organizations (other than Organizations desire to: (a) Foster Members. FINRA shall serve as DCSA FINRA) that operate a national cooperation and coordination among the for Common Members that are members securities exchange that trades NMS SROs; (b) remove impediments to, and of FINRA. The DREA allocated below securities based on the principles foster the development of, a national shall serve as DCSA for Common outlined below and the Participating market system; (c) strive to protect the Members that are not members of Organization to which such a Common interest of investors; (d) eliminate FINRA. Member is allocated shall serve as the duplication in their examination and 2. Assumption of Examination DREA for that Common Member with enforcement of (i) SEA Rules 606, 607, Responsibility. The Designated respect to Covered Regulation NMS 611, 612 and 613 (the ‘‘Covered Regulation NMS Examining Authority Rules pertaining to NMS securities. The Regulation NMS Rules’’) and (ii) rules of (the ‘‘DREA’’) shall assume examination allocation of Common Members to each Participating Organization related and enforcement responsibilities DREAs (including FINRA) and to SEA Rule 613 listed on Exhibit A relating to compliance by Common accordingly to serve as DCSA in hereto (‘‘SRO Covered CAT Rules,’’ Members with the Covered Rules to paragraph 1 above for all Covered Rules together with the Covered Regulation which the DREA is allocated is provided in Exhibit B. NMS Rules, collectively, the ‘‘Covered responsibility (‘‘Examination c. For purposes of this paragraph 2, Rules’’) and (e) eliminate duplication in Responsibility’’). A list of the Covered any allocation of a Common Member to their surveillance, examination, Rules is attached hereto as Exhibit A. a Participating Organization other than investigation and enforcement of SEA a. For Covered Regulation NMS Rules as specified in paragraphs a. and b. Rule 613 and the SRO Covered CAT Pertaining to ‘‘NMS stocks’’ (as defined above shall be based on the following Rules; in Regulation NMS) (i.e., Rules 607, 611 principles, except to the extent all Whereas, the Participating and 612): FINRA shall serve as DREA affected Participating Organizations Organizations are interested in for Common Members that are members consent to one or more different allocating regulatory responsibilities of FINRA. The Designated Examining principles and any such agreement to with respect to broker-dealers that are Authority (‘‘DEA’’) pursuant to SEA different principles would be deemed members of more than one Participating Rule 17d–1 shall serve as DREA (and an amendment to this Agreement as Organization (the ‘‘Common Members’’) accordingly as DCSA as provided in provided in paragraph 24: relating to the examination and paragraph 1 above) for Common i. The Participating Organizations enforcement of the Covered Rules and Members that are not members of shall not allocate a Common Member to the surveillance, examination, FINRA, provided that the DEA operates a Participating Organization unless the

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Common Member is a member of that Common Member is a member of such Rule provision requiring a member of a Participating Organization. Participating Organization. Participating Organization to provide ii. To the extent practicable, Common d. The Participating Organizations notice, reports or any other filings Members shall be allocated among the agree that they shall conduct meetings directly to a Participating Organization. Participating Organizations of which among them as needed for the purposes 3. Scope of Responsibility. they are members in such a manner as of ensuring proper allocation of Notwithstanding anything herein to the to equalize, as nearly as possible, the Common Members and identifying contrary, it is explicitly understood that allocation among such Participating issues or concerns with respect to the the terms ‘‘Surveillance Responsibility’’ Organizations. regulation of Common Members. To and ‘‘Examination Responsibility’’ iii. To the extent practicable, the promote consistency in connection with (collectively referred to herein as the allocation will take into account the regulation of Common Members, the ‘‘Regulatory Responsibility’’) do not amount of NMS stock activity (or NMS Participating Organizations further agree include any responsibilities beyond security activity, as applicable) to conduct meetings to discuss the those concerning the Covered Rules, conducted by each Common Member in overarching principles as to how and each of the Participating order to most evenly divide the Covered Rules, in particular SEA Rule Organizations shall retain full Common Members with the largest 613 and the SRO Covered CAT Rules, responsibility for examination, amount of activity among the should be surveilled, examined, surveillance and enforcement with Participating Organizations of which investigated and enforced. On an respect to trading activities or practices they are members. The allocation will ongoing basis, the Participating involving its own marketplace unless also take into account similar Organizations agree to consult with and otherwise allocated pursuant to a allocations pursuant to other plans or solicit input from the Participating separate Rule 17d–2 Agreement. The agreements to which the Participating Organizations regarding their allocation of DCSA Responsibility to a Organizations are party to maintain surveillance, examination, investigation Participating Organization shall not consistency in oversight of the Common and enforcement programs regarding limit another Participating Members.1 SEA Rule 613 and the SRO Covered Organization’s ability to utilize data iv. The Participating Organizations CAT Rules. In particular, FINRA will from the Consolidated Audit Trail to may reallocate Common Members from consult with Participating Organizations perform examination, surveillance, time-to-time and in such manner as they prior to finalizing its disposition and investigative, enforcement or other deem appropriate consistent with the sanctions guidelines with respect to regulatory work concerning potential or terms of this Agreement. violations of SEA Rule 613 and the SRO identified violations of statutes or rules v. Whenever a Common Member Covered CAT Rules. Further, in the other than the SRO Covered CAT Rules. ceases to be a member of its DREA period preceding the full 4. No Retention of Regulatory (including FINRA), the DREA shall implementation of CAT for equities and Responsibility. The Participating promptly inform the Participating options securities, FINRA will consult Organizations do not contemplate the Organizations, who shall review the with other Participating Organizations retention of any responsibilities with matter and reallocate the Common prior to finalizing dispositions other respect to the regulatory activities being Member to another Participating than no further action that involve their assumed by the DREA/DCSA under the Organization. Common Members. terms of this Agreement. Nothing in this vi. The DEA or DREA (including e. By signing this Agreement, the Agreement will be interpreted to FINRA) may request that a Common Participating Organizations hereby prevent a DREA/DCSA from entering Member be reallocated to another certify that the list of SRO Covered CAT into Regulatory Services Agreement(s) Participating Organization (including Rules listed on Exhibit A hereto are to perform its Regulatory Responsibility. the DEA or DREA (including FINRA)) by correct and are identical or substantially 5. No Charge. A DREA/DCSA shall giving 30 days written notice to the similar to each other. not charge Participating Organizations Participating Organizations. The f. Each year following the for performing the Regulatory Participating Organizations shall commencement date of operation of this Responsibility under this Agreement. promptly consider such request and, in Agreement, or more frequently if 6. Applicability of Certain Laws, their discretion, may approve or required by changes in any of the SRO Rules, Regulations or Orders. disapprove such request and if Covered CAT Rules, each Participating Notwithstanding any provision hereof, approved, reallocate the Common Organization shall submit an updated this Agreement shall be subject to any Member to such Participating list of SRO Covered CAT Rules to statute, or any rule or order of the SEC. Organization. FINRA for review which shall (1) add To the extent such statute, rule, or order vii. All determinations by the SRO Covered CAT Rules not included is inconsistent with one or more Participating Organizations with respect in the current list of SRO Covered CAT provisions of this Agreement, the to allocations shall be by the affirmative Rules that are substantially similar to statute, rule, or order shall supersede vote of a majority of the Participating each other; (2) delete SRO Covered CAT the provision(s) hereof to the extent Organizations that, at the time of such Rules included in the current list that necessary to be properly effectuated and determination, share the applicable are no longer substantially similar; and the provision(s) hereof in that respect Common Member being allocated; a (3) confirm that the remaining rules on shall be null and void. Participating Organization shall not be the current list of SRO Covered CAT 7. Customer Complaints. If a entitled to vote on any allocation related Rules continue to be substantially Participating Organization receives a to a Common Member unless the similar. FINRA shall review each copy of a customer complaint relating to Participating Organization’s annual a DREA’s/DCSA’s Regulatory 1 For example, if one Participating Organization certification and confirm whether Responsibility as set forth in this was allocated responsibility for a particular FINRA agrees with the submitted Agreement, the Participating Common Member pursuant to a separate Rule 17d– certified and updated list of SRO Organization shall promptly forward to 2 Agreement, that Participant Organization would be assigned to be the DREA of that Common Covered CAT Rules. The DREA/DCSA such DREA/DCSA a copy of such Member, unless there is good cause not to make that shall not have Regulatory Responsibility customer complaint. It shall be such assignment. for any provision in a SRO Covered CAT DREA’s/DCSA’s responsibility to review

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and take appropriate action in respect to 11. Dispute Resolution Under This the regulatory responsibilities are being such complaint. Agreement. performed on a good faith and best 8. Parties to Make Personnel Available a. Negotiation. The Participating effort basis and no warranties, express as Witnesses. Each Participating Organizations will attempt to resolve or implied, are made by any Organization shall make its personnel any disputes through good faith Participating Organization to any other available to the DREA/DCSA to serve as negotiation and discussion, escalating Participating Organization with respect testimonial or non-testimonial witnesses such discussion up through the to any of the responsibilities to be as necessary to assist the DREA/DCSA appropriate management levels until performed hereunder. This paragraph is in fulfilling the Regulatory reaching the executive management not intended to create liability of any Responsibility allocated under this level. In the event a dispute cannot be Participating Organization to any third Agreement. The DREA/DCSA shall settled through these means, the party. provide reasonable advance notice Participating Organizations shall refer 13. SEC Approval. when practicable and shall work with a the dispute to binding arbitration. a. The Participating Organizations Participating Organization to b. Binding Arbitration. All claims, agree to file promptly this Agreement accommodate reasonable scheduling disputes, controversies, and other with the SEC for its review and conflicts within the context and matters in question between the approval. FINRA shall file this demands as the entity with ultimate Participating Organizations to this Agreement on behalf, and with the regulatory responsibility. The Agreement arising out of or relating to explicit consent, of all Participating Participating Organization shall pay all this Agreement or the breach thereof Organizations. reasonable travel and other expenses that cannot be resolved by the b. If approved by the SEC, the Participating Organizations will notify incurred by its employees to the extent Participating Organizations will be their members of the general terms of that the DREA/DCSA requires such resolved through binding arbitration. the Agreement and of its impact on their employees to serve as witnesses, and Unless otherwise agreed by the Participating Organizations, a dispute members. provide information or other assistance 14. Subsequent Parties; Limited pursuant to this Agreement. submitted to binding arbitration pursuant to this paragraph shall be Relationship. This Agreement shall 9. Sharing of Work-Papers, Data and resolved using the following inure to the benefit of and shall be Related Information. procedures: binding upon the Participating a. Sharing. A Participating (i) The arbitration shall be conducted Organizations hereto and their Organization shall make available to the in a city selected by the DREA/DCSA in respective legal representatives, DREA/DCSA information necessary to which it maintains a principal office or successors, and assigns. Nothing in this assist the DREA/DCSA in fulfilling the where otherwise agreed to by the Agreement, expressed or implied, is Regulatory Responsibility assumed Participating Organizations in intended or shall: (a) Confer on any under the terms of this Agreement. Such accordance with the Commercial person other than the Participating information shall include any Arbitration Rules of the American Organizations hereto, or their respective information collected by a Participating Arbitration Association and judgment legal representatives, successors, and Organization in the course of upon the award rendered by the assigns, any rights, remedies, performing its regulatory obligations arbitrator may be entered in any court obligations or liabilities under or by under the Act, including information having jurisdiction thereof; and reason of this Agreement, (b) constitute relating to an on-going disciplinary (ii) There shall be three arbitrators, the Participating Organizations hereto investigation or action against a and the chairperson of the arbitration partners or participants in a joint member, the amount of a fine imposed panel shall be an attorney. The venture, or (c) appoint one Participating on a member, financial information, or arbitrators shall be appointed in Organization the agent of the other. information regarding proprietary accordance with the Commercial 15. Assignment. No Participating trading systems gained in the course of Arbitration Rules of the American Organization may assign this Agreement examining a member (‘‘Regulatory Arbitration Association. without the prior written consent of the Information’’). This Regulatory 12. Limitation of Liability. As between DREAs/DCSAs performing Regulatory Information shall be used by the DREA/ the Participating Organizations, no Responsibility on behalf of such DCSA solely for the purposes of Participating Organization, including its Participating Organization, which fulfilling the DREA’s/DCSA’s Regulatory respective directors, governors, officers, consent shall not be unreasonably Responsibility. employees and agents, will be liable to withheld, conditioned or delayed; b. No Waiver of Privilege. The sharing any other Participating Organization, or provided, however, that any of documents or information between its directors, governors, officers, Participating Organization may assign the parties pursuant to this Agreement employees and agents, for any liability, the Agreement to a corporation shall not be deemed a waiver as against loss or damage resulting from any controlling, controlled by or under third parties of regulatory or other delays, inaccuracies, errors or omissions common control with the Participating privileges relating to the discovery of with respect to its performing or failing Organization without the prior written documents or information. to perform regulatory responsibilities, consent of such Participating 10. Special or Cause Examinations obligations, or functions, except: (a) As Organization’s DREAs/DCSAs. No and Enforcement Proceedings. Nothing otherwise provided for under the Act; assignment shall be effective without in this Agreement shall restrict or in any (b) in instances of a Participating Commission approval. way encumber the right of a Organization’s gross negligence, willful 16. Severability. Any term or Participating Organization to conduct misconduct or reckless disregard with provision of this Agreement that is special or cause examinations of a respect to another Participating invalid or unenforceable in any Common Member, or take enforcement Organization; or (c) in instances of a jurisdiction shall, as to such proceedings against a Common Member breach of confidentiality obligations jurisdiction, be ineffective to the extent as a Participating Organization, in its owed to another Participating of such invalidity or unenforceability sole discretion, shall deem appropriate Organization. The Participating without rendering invalid or or necessary. Organizations understand and agree that unenforceable the remaining terms and

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provisions of this Agreement or this Agreement that are not the DREA or Exhibit A affecting the validity or enforceability of DCSA as to a Common Member of any Covered Rules any of the terms or provisions of this and all responsibilities with respect to Agreement in any other jurisdiction. the matters allocated to the DREA or Covered Regulation NMS Rules 17. Termination. Any Participating DCSA pursuant to this Agreement for SEA Rule 606—Disclosure of Order Organization may cancel its purposes of §§ 17(d) and 19(g) of the Routing Information.* participation in the Agreement at any Act. SEA Rule 607—Customer Account time upon the approval of the Statements. Commission after 180 days written 22. Governing Law. This Agreement shall be deemed to have been made in SEA Rule 611—Order Protection Rule. notice to the other Participating SEA Rule 612—Minimum Pricing Organizations (or in the case of a change the State of New York, and shall be construed and enforced in accordance Increment. of control in ownership of a SEA Rule 613(g)(2)—Consolidated with the law of the State of New York, Participating Organization, such other Audit Trail.* without reference to principles of notice time period as that Participating * Covered Regulation NMS Rules with conflicts of laws thereof. Each of the Organization may choose). The asterisks (*) pertain to NMS securities. cancellation of its participation in this Participating Organizations hereby Covered Regulation NMS Rules without Agreement by any Participating consents to submit to the jurisdiction of asterisks pertain to NMS stocks. Organization shall not terminate this the courts of the State of New York in Agreement as to the remaining connection with any action or SRO Covered CAT Rules Participating Organizations. proceeding relating to this Agreement. BZX—Rules 4.5–4.16 18. General. The Participating 23. Survival of Provisions. Provisions BATS—Y– Rules 4.5–4.16 Organizations agree to perform all acts intended by their terms or context to BOX—Rules 16020–16095 and execute all supplementary Cboe—Rules 7.20–7.31[2] instruments or documents that may be survive and continue notwithstanding reasonably necessary or desirable to delivery of the regulatory services by the C2—[Chapter 6, Section F] Chapter 7, carry out the provisions of this DREA/DCSA and any expiration of this Section B (Only With Respect to Agreement. Agreement shall survive and continue. Incorporation of Cboe Rules 7.20–7.31 19. Written Notice. Any written notice 24. Amendment. EDGA—Rules 4.5–4.16 required or permitted to be given under a. This Agreement may be amended to EDGX—Rules 4.5–4.16 this Agreement shall be deemed given if add a new Participating Organization, FINRA—Rules 6810–6895 sent by certified mail, return receipt provided that such Participating IEX—Rules 11.610–11.695 requested, or by a comparable means of electronic communication to each Organization does not assume MEMX Rules 4.5–4.16 Participating Organization entitled to regulatory responsibility, by an amendment executed by all applicable MIAX—Rules 1701–1712 receipt thereof, to the attention of the MIAX PEARL—Rules 1701–1712 DREAs/DCSAs and such new Participating Organization’s MIAX Emerald—Rules 1701–1712 Participating Organization. All other representative at the Participating Nasdaq—General 7, Sections 1–13 Organization’s then principal office or Participating Organizations expressly BX Equities Rules—General 7 by email. consent to allow such DREAs/DCSAs to PHLX—General 7 20. Confidentiality. The Participating jointly add new Participating ISE—General 7 Organizations agree that documents or Organizations to the Agreement as GEMX—General 7 information shared shall be held in provided above. Such DREAs/DCSAs MRX—General 7 confidence, and used only for the will promptly notify all Participating NYSE—Rules 6810–6895 purposes of carrying out their respective Organizations of any such amendments NYSE Arca –Rules—11.6810–11.6895 regulatory obligations under this to add a new Participating Organization. NYSE American—Rules 6810–6895 Agreement, provided, however, that b. All other amendments must be NYSE Chicago—Rules 6810–6895 each Participating Organization may approved by each Participating NYSE National—Rules 6.6810–6.6895 disclose such documents or information Organization. All amendments, LTSE—Rules 11.610–11.695 as may be required to comply with including adding a new Participating applicable regulatory requirements or IV. Solicitation of Comments Organization but excluding changes to requests for information from the SEC. Interested persons are invited to Exhibit B, must be filed with and Any Participating Organization submit written data, views, and approved by the Commission before disclosing confidential documents or arguments concerning the foregoing. they become effective. information in compliance with Comments may be submitted by any of applicable regulatory or oversight 25. Effective Date. The Effective Date the following methods: requirements will request confidential of this Agreement will be the date the treatment of such information. No SEC declares this Agreement to be Electronic Comments Participating Organization shall assert effective pursuant to authority conferred • Use the Commission’s internet regulatory or other privileges as against by § 17(d) of the Act, and Rule 17d–2 comment form (http://www.sec.gov/ the other with respect to Regulatory thereunder. rules/sro.shtml); or • Information that is required to be shared 26. Counterparts. This Agreement Send an email to rule-comments@ pursuant to this Agreement. sec.gov. Please include File Number 4– may be executed in any number of 21. Regulatory Responsibility. 618 on the subject line. Pursuant to Section 17(d)(1)(A) of the counterparts, including facsimile, each Act, and Rule 17d–2 thereunder, the of which will be deemed an original, but Paper Comments Participating Organizations request the all of which taken together shall • Send paper comments in triplicate SEC, upon its approval of this constitute one single agreement among to Secretary, Securities and Exchange Agreement, to relieve the Participating the Participating Organizations. Commission, 100 F Street NE, Organizations which are participants in * * * * * Washington, DC 20549–1090.

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All submissions should refer to File Parties will coordinate their regulatory For the Commission, by the Division of Number 4–618. This file number should functions in accordance with the Trading and Markets, pursuant to delegated 25 be included on the subject line if email proposed amended Plan, the amended authority. is used. To help the Commission Plan should promote investor J. Matthew DeLesDernier, process and review your comments protection. Assistant Secretary. more efficiently, please use only one [FR Doc. 2020–12896 Filed 6–15–20; 8:45 am] The Commission is hereby declaring method. The Commission will post all BILLING CODE 8011–01–P comments on the Commission’s internet effective a plan that allocates regulatory website (http://www.sec.gov/rules/ responsibility for certain provisions of sro.shtml). Copies of the submission, all the federal securities laws, rules, and SECURITIES AND EXCHANGE subsequent amendments, all written regulations as set forth in Exhibit A to COMMISSION statements with respect to the proposed the Plan. The Commission notes that plan that are filed with the Commission, any amendment to the Plan must be [Release No. 34–89040; File No. SR–Phlx– and all written communications relating approved by the relevant Parties as set 2020–27] to the proposed plan between the forth in Paragraph 24 of the Plan and Commission and any person, other than must be filed with and approved by the Self-Regulatory Organizations; Nasdaq those that may be withheld from the Commission before it may become PHLX LLC; Notice of Filing and public in accordance with the effective.23 Immediate Effectiveness of Proposed Rule Change To Amend Phlx Options provisions of 5 U.S.C. 552, will be Under paragraph (c) of Rule 17d–2, available for website viewing and 5, Section 4 the Commission may, after appropriate printing in the Commission’s Public notice and comment, declare a plan, or Reference Room, 100 F Street NE, June 10, 2020. Washington, DC 20549, on official any part of a plan, effective. In this Pursuant to Section 19(b)(1) of the business days between the hours of instance, the Commission believes that Securities Exchange Act of 1934 10:00 a.m. and 3:00 p.m. Copies of the appropriate notice and comment can (‘‘Act’’),1 and Rule 19b–4 thereunder,2 plan also will be available for inspection take place after the proposed notice is hereby given that on May 28, and copying at the principal offices of amendment is effective. In particular, 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or the Participating Organizations. All the purpose of the amendment is to add ‘‘Exchange’’) filed with the Securities comments received will be posted MEMX as a Participating Organization. and Exchange Commission without change. Persons submitting The Commission notes that the most (‘‘Commission’’) the proposed rule comments are cautioned that we do not recent prior amendment to the Plan was change as described in Items I and II redact or edit personal identifying published for comment and the below, which Items have been prepared information from comment submissions. Commission did not receive any by the Exchange. The Commission is You should submit only information comments thereon.24 The Commission publishing this notice to solicit that you wish to make available believes that the current amendment to comments on the proposed rule change publicly. All submissions should refer the Plan does not raise any new from interested persons. to File Number 4–618 and should be regulatory issues that the Commission I. Self-Regulatory Organization’s submitted on or before July 7, 2020. has not previously considered, and Statement of the Terms of Substance of V. Discussion therefore believes that the amended the Proposed Rule Change The Commission finds that the Plan, Plan should become effective without The Exchange proposes to amend as amended, is consistent with the any undue delay. Options 5, Section 4, Order Routing. factors set forth in Section 17(d) of the VI. Conclusion The text of the proposed rule change Act 21 and Rule 17d–2(c) thereunder 22 is available on the Exchange’s website at in that the proposed amended Plan is This Order gives effect to the Plan http://nasdaqphlx.cchwallstreet.com/, necessary or appropriate in the public filed with the Commission in File No. at the principal office of the Exchange, interest and for the protection of 4–618. The Parties shall notify all and at the Commission’s Public investors, fosters cooperation and members affected by the Plan of their Reference Room. coordination among SROs, and removes rights and obligations under the Plan. II. Self-Regulatory Organization’s impediments to and fosters the It is therefore ordered, pursuant to Statement of the Purpose of, and development of the national market Section 17(d) of the Act, that the Plan Statutory Basis for, the Proposed Rule system. In particular, the Commission in File No. 4–618 is hereby approved Change believes that the proposed amended Plan should reduce unnecessary and declared effective. In its filing with the Commission, the regulatory duplication by allocating to It is further ordered that the Parties Exchange included statements the applicable DREA certain who are not the DREA or DCSA as to a concerning the purpose of and basis for examination and enforcement particular Common Member are relieved the proposed rule change and discussed responsibilities, and to the applicable of those regulatory responsibilities any comments it received on the DCSA certain surveillance, allocated to the Common Member’s proposed rule change. The text of these investigation, and enforcement DREA or DCSA under the Plan to the statements may be examined at the responsibilities, for Common Members extent of such allocation. places specified in Item IV below. The that would otherwise be performed by Exchange has prepared summaries, set multiple Parties. Accordingly, the 23 See Paragraph 24 of the Plan. The Commission forth in sections A, B, and C below, of proposed amended Plan promotes notes, however, that changes to Exhibit B to the the most significant aspects of such efficiency by reducing costs to Common Plan (the allocation of Common Members to statements. DREAs) are not required to be filed with, and Members. Furthermore, because the approved by, the Commission before they become effective. 25 17 CFR 200.30–3(a)(34). 21 15 U.S.C. 78q(d). 24 See Securities Exchange Act Release No. 88366 1 15 U.S.C. 78s(b)(1). 22 17 CFR 240.17d–2(c). (March 12, 2020), 85 FR 15238 (March 17, 2020). 2 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s rule text with the functionality of the consistent with the Exchange Act and Statement of the Purpose of, and System. provides for the protection of these Statutory Basis for, the Proposed Rule Finally, the Exchange proposes to market participants to ensure that they Change correct a typo within Options 5, Section are executed at the best bid or offer. 4(a)(iii)(B)(9) to change the word 1. Purpose The Exchange noted in the Defined ‘‘designed’’ to ‘‘designated.’’ Term Rule Change that, ‘‘The Exchange In 2019, Phlx filed a rule proposal to 2. Statutory Basis desires to make clear where a customer define the term ‘‘Public Customer’’ order means a Public Customer order or The Exchange believes that its within Rule 1000(b)(56) to provide, both a Public Customer and a proposal is consistent with Section 6(b) ‘‘Public Customer shall mean a person Professional order. By distinguishing of the Act,8 in general, and furthers the or entity that is not a broker or dealer the use of these terms, market objectives of Section 6(b)(5) of the Act,9 in securities and is not a professional as participants will better understand defined within Phlx Rule 1000(b)(14).’’ 3 in particular, in that it is designed to Exchange Rules.’’ 11 The Exchange has This defined term was later relocated to promote just and equitable principles of permitted market participants to route Options 1, Section 1(b)(46).4 Within the trade, to remove impediments to and both Public Customer and Professional Defined Term Rule Change, the perfect the mechanism of a free and SRCH Orders for some time. During the Exchange replaced the term ‘‘customer’’ open market and a national market Opening Process, Phlx only permits in various rules to either the defined system, and, in general to protect Public Customer and Professional orders term ‘‘Public Customer’’ or both the investors and the public interest. The to route.12 The Exchange noted within defined terms ‘‘Public Customer’’ and Exchange’s proposal to correct Options the Defined Term Rule Change that, ‘‘Professional.’’ 5 5, Section 4(a)(iii)(C) to add the words While converting various terms ‘‘and Professional’’ to make clear that ‘‘the Exchange is not amending any within the Phlx Rules, the Exchange Public Customer and Professional SRCH provision of the rules, rather the inadvertently failed to revise Phlx Orders may route is consistent with the Exchange is making clear where a Options 5, Section 4(a)(iii)(C). This Act. Today, the System permits both Public Customer order is intended and particular reference was not contained Public Customer and Professional SRCH where the term Professional is intended 13 within the Defined Term Rule Change. Orders to route. Also, the Exchange to avoid confusion.’’ The Exchange should have added ‘‘and believes that it is not unfairly Finally, the Exchange’s proposal to Professional’’ to Options 5, Section discriminatory to limit the routing of correct a typo within Options 5, Section 4(a)(iii)(C) within the Defined Term SRCH Orders to Public Customers and 4(a)(iii)(B)(9) to change the word Rule Change. Both Public Customers Professionals. The Exchange has ‘‘designed’’ to ‘‘designated’’ is non- and Professional SRCH Orders may traditionally routed non-broker-dealer substantive and will clarify the Rule. route. The Exchange has permitted orders because the Exchange believes B. Self-Regulatory Organization’s market participants to route both Public those market participants do not have Statement on Burden on Competition Customer and Professional SRCH Orders the same capabilities as broker-dealers for some time. During the Opening in terms of an ability to route to other The Exchange does not believe that Process, Phlx only permits Public options markets. Broker-dealers the proposed rule change will impose Customer and Professional orders to typically have memberships at other any burden on competition not route.6 The Exchange noted within the exchanges, unlike non-broker-dealers. necessary or appropriate in furtherance Defined Term Rule Change that, ‘‘the Previously, Phlx did not define the of the purposes of the Act. The Exchange is not amending any provision term ‘‘public customer.’’ The addition of Exchange’s proposal to correct Options of the rules, rather the Exchange is the term ‘‘Public Customer’’ in the 5, Section 4(a)(iii)(C) to add the words making clear where a Public Customer Rulebook, excluded professionals, ‘‘and Professional’’ to make clear that order is intended and where the term which are separately defined. The Public Customer and Professional SRCH Professional is intended to avoid Exchange’s proposal will correct its Orders may route does not impose an confusion.’’ 7 error and make clear that Professional undue burden on competition. Today, The Exchange proposes to add the SRCH Orders may route. For purposes the System permits Public Customer words ‘‘and Professional’’ within Phlx of the Order Protection and Locked and and Professional SRCH Orders to route. Options 5, Section 4(a)(iii)(C) to make Crossed Markets Plan, a ‘‘customer’’ is During the Opening Process, Phlx only clear that Professional SRCH Orders defined as an individual or organization permits Public Customer and may route, in addition to Public that is not a Broker/Dealer.10 This Professional orders to route.14 The Customer SRCH Orders to conform the would include a Professional. Phlx Exchange does not believe that limiting routes Public Customer and Professional the routing of SRCH Orders to Public 3 See Securities Exchange Act Release No. 86959 SRCH Orders that are not automatically Customers and Professionals imposes an (September 13, 2019), 84 FR 49362 (September 19, executed because there is a displayed undue burden on competition. The 2019) (SR–Phlx–2019–33) (‘‘Defined Term Rule bid or offer on another exchange trading Exchange has traditionally routed non- Change’’). the same options contract that is better 4 See Securities Exchange Act Release No. 88213 broker-dealer orders because the (February 14, 2020), 85 FR 9859 (February 20, 2020) than the best bid or offer on the Exchange believes those market (SR–Phlx–2020–03) (‘‘Phlx Rulebook Relocation Exchange. The Exchange believes that participants do not have the same Rule Change’’). ensuring that ‘‘customer’’ orders, as that capabilities as broker-dealers in terms of 5 The term ‘‘Professional’’ is defined within term is defined within Options 5, an ability to route to other options Options 1, Section 1(b)(45) as ‘‘The term Section 1(f), are routed subject to the ‘‘professional’’ means any person or entity that (i) markets. Broker-dealers typically have is not a broker or dealer in securities, and (ii) places customer’s routing instructions, is memberships at other exchanges, unlike more than 390 orders in listed options per day on non-broker-dealers. average during a calendar month for its own 8 15 U.S.C. 78f(b). beneficial account(s). Member organizations must 9 15 U.S.C. 78f(b)(5). 11 indicate whether orders are for Professionals.’’ 10 See Phlx Options 5, Section 1(f). The term See note 3 above. 6 See Options 3, Section 8(k)(C)(6) and Options 5, ‘‘customer’’ as utilized within Options 5, Section 12 See note 5 above. Section 4(a)(iii)(B)(1). 1(f) is equivalent to the combination of Phlx’s 13 See note 3 above. 7 See note 3 above. defined terms Public Customer and Professional. 14 Id.

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The addition of the words ‘‘and At any time within 60 days of the personal identifying information from Professional’’ will bring greater filing of the proposed rule change, the comment submissions. You should transparency to the Rulebook. Commission summarily may submit only information that you wish The Exchange’s proposal to correct a temporarily suspend such rule change if to make available publicly. All typo within Options 5, Section it appears to the Commission that such submissions should refer to File 4(a)(iii)(B)(9) to change the word action is necessary or appropriate in the Number SR-Phlx–2020–27 and should ‘‘designed’’ to ‘‘designated’’ is non- public interest, for the protection of be submitted on or before July 7, 2020. substantive. investors, or otherwise in furtherance of For the Commission, by the Division of the purposes of the Act. If the C. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated Commission takes such action, the authority.20 Statement on Comments on the Commission shall institute proceedings J. Matthew DeLesDernier, Proposed Rule Change Received From to determine whether the proposed rule Members, Participants, or Others Assistant Secretary. should be approved or disapproved. [FR Doc. 2020–12895 Filed 6–15–20; 8:45 am] No written comments were either IV. Solicitation of Comments BILLING CODE 8011–01–P solicited or received. Interested persons are invited to III. Date of Effectiveness of the submit written data, views, and Proposed Rule Change and Timing for SECURITIES AND EXCHANGE arguments concerning the foregoing, COMMISSION Commission Action including whether the proposed rule Because the foregoing proposed rule change is consistent with the Act. [Release No. 34–89036; File No. SR–FINRA– change does not: (i) Significantly affect Comments may be submitted by any of 2020–016] the protection of investors or the public the following methods: Self-Regulatory Organizations; interest; (ii) impose any significant Electronic Comments Financial Industry Regulatory burden on competition; and (iii) become • Authority, Inc.; Notice of Filing and operative for 30 days from the date on Use the Commission’s internet Immediate Effectiveness of a Proposed which it was filed, or such shorter time comment form (http://www.sec.gov/ Rule Change To Extend the as the Commission may designate, it has rules/sro.shtml); or • Implementation of FINRA Rule 4240 become effective pursuant to Section Send an email to rule-comments@ (Margin Requirements for Credit 19(b)(3)(A)(iii) of the Act 15 and sec.gov. Please include File Number SR– Default Swaps) subparagraph (f)(6) of Rule 19b–4 Phlx–2020–27 on the subject line. thereunder.16 Paper Comments June 10, 2020. A proposed rule change filed under • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Rule 19b–4(f)(6) 17 normally does not to Secretary, Securities and Exchange Securities Exchange Act of 1934 become operative prior to 30 days after 1 2 Commission, 100 F Street NE, (‘‘Act’’) and Rule 19b–4 thereunder, the date of the filing. However, pursuant Washington, DC 20549–1090. notice is hereby given that on June 2, to Rule 19b–4(f)(6)(iii),18 the 2020, Financial Industry Regulatory Commission may designate a shorter All submissions should refer to File Number SR–Phlx–2020–27. This file Authority, Inc. (‘‘FINRA’’) filed with the time if such action is consistent with the Securities and Exchange Commission protection of investors and the public number should be included on the subject line if email is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed interest. The Exchange requests that the rule change as described in Items I and Commission waive the 30-day operative Commission process and review your comments more efficiently, please use II below, which Items have been delay so that it may immediately correct prepared by FINRA. FINRA has an omission in its rules and specify that only one method. The Commission will post all comments on the Commission’s designated the proposed rule change as both Public Customer and Professional constituting a ‘‘non-controversial’’ rule SRCH Orders may route. The Exchange internet website (http://www.sec.gov/ rules/sro.shtml). change under paragraph (f)(6) of Rule believes that the proposed amendment 3 Copies of the submission, all 19b–4 under the Act, which renders will bring greater clarity to its rules. The subsequent amendments, all written the proposal effective upon receipt of Commission believes that waiving the statements with respect to the proposed this filing by the Commission. The 30-day operative delay is consistent rule change that are filed with the Commission is publishing this notice to with the protection of investors and the Commission, and all written solicit comments on the proposed rule public interest. Accordingly, the communications relating to the change from interested persons. Commission waives the 30-day proposed rule change between the operative delay and designates the I. Self-Regulatory Organization’s Commission and any person, other than proposed rule change operative upon Statement of the Terms of Substance of those that may be withheld from the filing.19 the Proposed Rule Change public in accordance with the FINRA is proposing to extend to provisions of 5 U.S.C. 552, will be 15 15 U.S.C. 78s(b)(3)(A)(iii). September 1, 2021 the implementation 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– available for website viewing and of FINRA Rule 4240. FINRA Rule 4240 4(f)(6) requires a self-regulatory organization to give printing in the Commission’s Public implements an interim pilot program the Commission written notice of its intent to file Reference Room, 100 F Street NE, with respect to margin requirements for the proposed rule change at least five business days Washington, DC 20549, on official prior to the date of filing of the proposed rule certain transactions in credit default change, or such shorter time as designated by the business days between the hours of swaps that are security-based swaps. Commission. The Exchange has satisfied this 10:00 a.m. and 3:00 p.m. Copies of the The text of the proposed rule change requirement. filing also will be available for is available on FINRA’s website at 17 17 CFR 240.19b–4(f)(6). inspection and copying at the principal 18 17 CFR 240.19b–4(f)(6)(iii). office of the Exchange. All comments 20 19 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12). operative delay, the Commission has considered the received will be posted without change. 1 15 U.S.C. 78s(b)(1). proposed rule’s impact on efficiency, competition, Persons submitting comments are 2 17 CFR 240.19b–4. and capital formation. See 15 U.S.C. 78c(f). cautioned that we do not redact or edit 3 17 CFR 240.19b–4(f)(6).

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http://www.finra.org, at the principal swaps,9 including certain CDS. The Commission’s action, FINRA extended, office of FINRA and at the legislation was intended, among other to September 1, 2021, the expiration Commission’s Public Reference Room. things, to enhance the authority of date of FINRA Rule 0180 (Application regulators to implement new rules of Rules to Security-Based Swaps).12 II. Self-Regulatory Organization’s designed to reduce risk, increase FINRA believes it is appropriate to Statement of the Purpose of, and transparency, and promote market extend the Interim Pilot Program for a Statutory Basis for, the Proposed Rule integrity with respect to such products. limited period, to September 1, 2021, in Change The Commission has finalized a light of the extended compliance period In its filing with the Commission, majority of its rulemakings pursuant to that the Commission has specified with FINRA included statements concerning Title VII of the Dodd-Frank Act (the respect to the Title VII rulemakings, and the purpose of and basis for the ‘‘Title VII rulemakings’’).10 Further, the in alignment with the expiration date of proposed rule change and discussed any Commission has specified an extended FINRA Rule 0180. FINRA believes that comments it received on the proposed compliance period for these new rules extending the implementation of Rule rule change. The text of these statements and guidance so as to permit sufficient 4240 will permit FINRA additional time may be examined at the places specified time to prepare for and come into to consider any potential amendments in Item IV below. FINRA has prepared compliance with the new to the Interim Pilot Program in light of summaries, set forth in sections A, B, requirements.11 In tandem with the the Commission’s finalized Title VII and C below, of the most significant rulemakings, in particular the Capital, aspects of such statements. 9 The terms ‘‘swap’’ and ‘‘security-based swap’’ Margin, and Segregation Release, are defined in Sections 721 and 761 of the Dodd- thereby helping to promote stability in A. Self-Regulatory Organization’s Frank Act. The Commodity Futures Trading the financial markets and regulatory Statement of the Purpose of, and Commission (‘‘CFTC’’) and the Commission jointly have approved rules to further define these terms. certainty for members. Statutory Basis for, the Proposed Rule See Securities Exchange Act Release No. 67453 FINRA has filed the proposed rule Change (July 18, 2012), 77 FR 48208 (August 13, 2012) change for immediate effectiveness. (Joint Final Rule; Interpretations; Request for FINRA is proposing that the 1. Purpose Comment on an Interpretation: Further Definition of ‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘Security- implementation date of the proposed On May 22, 2009, the Commission Based Swap Agreement’’; Mixed Swaps; Security- rule change will be July 20, 2020. The approved FINRA Rule 4240,4 which Based Swap Agreement Recordkeeping). See also proposed rule change will expire on implements an interim pilot program Securities Exchange Act Release No. 66868 (April September 1, 2021. (the ‘‘Interim Pilot Program’’) with 27, 2012), 77 FR 30596 (May 23, 2012) (Joint Final Rule; Joint Interim Final Rule; Interpretations: 2. Statutory Basis respect to margin requirements for Further Definition of ‘‘Swap Dealer,’’ ‘‘Security- certain transactions in credit default Based Swap Dealer,’’ ‘‘Major Swap Participant,’’ FINRA believes that the proposed rule swaps (‘‘CDS’’).5 On May 21, 2019, ‘‘Major Security-Based Swap Participant’’ and change is consistent with the provisions FINRA filed a proposed rule change for ‘‘Eligible Contract Participant’’). of Section 15A(b)(6) of the Act,13 which 10 See Securities Exchange Act Release No. 75611 immediate effectiveness extending the (August 5, 2015), 80 FR 48964 (August 14, 2015) requires, among other things, that implementation of FINRA Rule 4240 to (Final Rule: Registration Process for Security-Based FINRA rules must be designed to July 20, 2020.6 Swap Dealers and Major Security-Based Swap prevent fraudulent and manipulative As explained in the Approval Order, Participants) (‘‘Registration Process Release’’); acts and practices, to promote just and Securities Exchange Act Release No. 77617 (April FINRA Rule 4240, coterminous with 14, 2016), 81 FR 29960 (May 13, 2016) (Final Rule: equitable principles of trade, and, in certain Commission actions, was Business Conduct Standards for Security-Based general, to protect investors and the intended to address concerns arising Swap Dealers and Major Security-Based Swap public interest. FINRA believes that the from systemic risk posed by CDS, Participants) (the ‘‘Business Conduct Standards proposed rule change is consistent with Release’’); Securities Exchange Act Release No. including, among other things, risks to 78011 (June 8, 2016), 81 FR 39808 (June 17, 2016) the Act because extending the the financial system arising from the (Final Rule: Trade Acknowledgment and implementation of FINRA Rule 4240 lack of a central clearing counterparty to Verification of Security-Based Swap Transactions) will permit FINRA additional time to 7 (‘‘Trade Acknowledgment and Verification consider any potential amendments to clear and settle CDS. On July 21, 2010, Release’’); Securities Exchange Act Release No. the Dodd-Frank Wall Street Reform and 86175 (June 21, 2019), 84 FR 43872 (August 22, the Interim Pilot Program in light of the Consumer Protection Act (the ‘‘Dodd- 2019) (Final Rule: Capital, Margin, and Segregation Commission’s finalized Title VII Frank Act’’) was signed into law.8 Title Requirements for Security-Based Swap Dealers and rulemakings, in particular the Capital, Major Security-Based Swap Participants and Capital Margin, and Segregation Release, VII of the Dodd-Frank Act established a and Segregation Requirements for Broker-Dealers) comprehensive new regulatory (‘‘Capital, Margin, and Segregation Release’’); framework for swaps and security-based Securities Exchange Act Release No. 87005 security-based swap dealers and major security- (September 19, 2019), 84 FR 68550 (December 16, based swap participants (together, referred to as 2019) (Final Rule: Recordkeeping and Reporting ‘‘SBS Entities’’). See Cross-Border Release, 85 FR at 4 See Securities Exchange Act Release No. 59955 Requirements for Security-Based Swap Dealers, 6345 through 6346; see also Capital, Margin, and (May 22, 2009), 74 FR 25586 (May 28, 2009) (Order Major Security-Based Swap Participants, and Segregation Release, 84 FR at 43954; Recordkeeping Approving File No. SR–FINRA–2009–012) Broker-Dealers) (‘‘Recordkeeping Release’’); Release, 84 FR at 68600; and Risk Mitigation (‘‘Approval Order’’). Securities Exchange Act Release No. 87780 Release, 85 FR at 6381. For further information 5 In March 2012, the SEC approved amendments (December 18, 2019), 85 FR 6270 (February 4, 2020) regarding the Registration Compliance Date, see Key to FINRA Rule 4240 that, among other things, limit (Final Rules; Guidance: Rule Amendments and Dates For Registration of Security-Based Swap at this time the rule’s application to credit default Guidance Addressing Cross-Border Application of Dealers and Major Security-Based Swap swaps that are security-based swaps. See Securities Certain Security-Based Swap Requirements) Participants, available on the SEC website at: Exchange Act Release No. 66527 (March 7, 2012), (‘‘Cross-Border Release’’); Securities Exchange Act https://www.sec.gov/page/key-dates-registration- 77 FR 14850 (March 13, 2012) (Order Approving Release No. 87782 (December 18, 2019), 85 FR 6359 security-based-swap-dealers-and-major-security- File No. SR–FINRA–2012–015). (February 4, 2020) (Final Rule: Risk Mitigation based-swap-participants. 6 See Securities Exchange Act Release No. 85981 Techniques for Uncleared Security-Based Swaps) 12 Rule 0180 temporarily limits, with certain (May 31, 2019), 84 FR 26486 (June 6, 2019) (Notice (‘‘Risk Mitigation Release’’). exceptions including Rule 4240, the application of of Filing and Immediate Effectiveness of File No. 11 Except as otherwise specified by the FINRA rules with respect to security-based swaps. SR–FINRA–2019–016). Commission, the Commission has broadly See Securities Exchange Act Release No. 88023 7 See Approval Order, 74 FR at 25588–89. coordinated the compliance date for the Title VII (January 23, 2020), 85 FR 5261 (January 29, 2020) 8 See Dodd-Frank Wall Street Reform and rulemakings with the compliance date for (Notice of Filing and Immediate Effectiveness of Consumer Protection Act, Public Law 111–203, 124 registration (the ‘‘Registration Compliance Date’’), File No: SR–FINRA–2020–001). Stat. 1376 (2010). pursuant to the Registration Process Release, of 13 15 U.S.C. 78o–3(b)(6).

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thereby helping to promote stability in IV. Solicitation of Comments For the Commission, by the Division of the financial markets and regulatory Trading and Markets, pursuant to delegated certainty for members. Interested persons are invited to authority.16 submit written data, views and J. Matthew DeLesDernier, B. Self-Regulatory Organization’s arguments concerning the foregoing, Assistant Secretary. Statement on Burden on Competition including whether the proposed rule [FR Doc. 2020–12892 Filed 6–15–20; 8:45 am] FINRA does not believe that the change is consistent with the Act. BILLING CODE 8011–01–P proposed rule change will result in any Comments may be submitted by any of burden on competition that is not the following methods: necessary or appropriate in furtherance Electronic Comments DEPARTMENT OF THE TREASURY of the purposes of the Act. FINRA believes that extending the • Use the Commission’s internet Privacy Act of 1974; System of implementation of FINRA Rule 4240 for comment form (http://www.sec.gov/ Records a limited period, to September 1, 2021, rules/sro.shtml); or AGENCY: Department of the Treasury. will permit FINRA additional time to • Send an email to rule-comments@ consider any potential amendments to ACTION: Notice of modified systems of sec.gov. Please include File Number SR– the Interim Pilot Program in light of the records. FINRA–2020–016 on the subject line. Commission’s finalized Title VII SUMMARY: In accordance with the rulemakings, in particular the Capital, Paper Comments Privacy Act of 1974, the Department of Margin, and Segregation Release, • the Treasury (‘‘Treasury’’ or the thereby helping to promote stability in Send paper comments in triplicate ‘‘Department’’), proposes to modify the the financial markets and regulatory to Secretary, Securities and Exchange Treasury system of records notices for certainty for members. Commission, 100 F Street NE, the Treasury systems of records listed Washington, DC 20549–1090. C. Self-Regulatory Organization’s below by adding two new routine uses Statement on Comments on the All submissions should refer to File to 166 systems. Proposed Rule Change Received From Number SR–FINRA–2020–016. This file DATES: Submit comments on or before Members, Participants, or Others number should be included on the July 16, 2020. The new routine uses will subject line if email is used. To help the be applicable on July 16, 2020 unless Written comments were neither Commission process and review your Treasury receives comments and solicited nor received. comments more efficiently, please use determines that changes to the system of III. Date of Effectiveness of the only one method. The Commission will records notice are necessary. Proposed Rule Change and Timing for post all comments on the Commission’s ADDRESSES: Comments may be Commission Action internet website (http://www.sec.gov/ submitted to the Federal eRulemaking rules/sro.shtml). Copies of the Portal electronically at http:// Because the foregoing proposed rule www.regulations.gov. Comments can change does not: (i) Significantly affect submission, all subsequent amendments, all written statements also be sent to the Deputy Assistant the protection of investors or the public Secretary for Privacy, Transparency, and interest; (ii) impose any significant with respect to the proposed rule change that are filed with the Records, Department of the Treasury, burden on competition; and (iii) become 1500 Pennsylvania Avenue NW, operative for 30 days from the date on Commission, and all written communications relating to the Washington, DC 20220, Attention: which it was filed, or such shorter time Revisions to Privacy Act Systems of proposed rule change between the as the Commission may designate, it has Records. All comments received, Commission and any person, other than become effective pursuant to Section including attachments and other 14 those that may be withheld from the 19(b)(3)(A) of the Act and Rule 19b– supporting documents, are part of the 15 4(f)(6) thereunder. public in accordance with the public record and subject to public At any time within 60 days of the provisions of 5 U.S.C. 552, will be disclosure. All comments received will filing of the proposed rule change, the available for website viewing and be posted without change to Commission summarily may printing in the Commission’s Public www.regulations.gov, including any temporarily suspend such rule change if Reference Room, 100 F Street NE, personal information provided. You it appears to the Commission that such Washington, DC 20549, on official should submit only information that action is necessary or appropriate in the business days between the hours of 10 you wish to make publicly available. public interest, for the protection of a.m. and 3 p.m. Copies of such filing FOR FURTHER INFORMATION CONTACT: For investors, or otherwise in furtherance of also will be available for inspection and general questions and for privacy issues the purposes of the Act. If the copying at the principal office of please contact: Ryan Law, Deputy Commission takes such action, the FINRA. All comments received will be Assistant Secretary for Privacy, Commission shall institute proceedings posted without change. Persons Transparency, and Records (202–622– to determine whether the proposed rule submitting comments are cautioned that 5710), Department of the Treasury, 1500 should be approved or disapproved. we do not redact or edit personal Pennsylvania Avenue NW, Washington, identifying information from comment DC 20220. 14 15 U.S.C. 78s(b)(3)(A). submissions. You should submit only SUPPLEMENTARY INFORMATION: In 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– information that you wish to make 4(f)(6)(iii) requires a self-regulatory organization to accordance with the Privacy Act of give the Commission written notice of its intent to available publicly. All submissions 1974, 5 U.S.C. 552a, the Department of file the proposed rule change, along with a brief should refer to File Number SR–FINRA– the Treasury (‘‘Treasury’’) proposes to description and text of the proposed rule change, 2020–016 and should be submitted on modify the Treasury system of records, at least five business days prior to the date of filing of the proposed rule change, or such shorter time or before July 7, 2020. as identified below, to include two new as designated by the Commission. FINRA has satisfied this requirement. 16 17 CFR 200.30–3(a)(12).

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routine uses permitting disclosure to date have included a breach response Treasury systems of records as appropriate persons and entities for routine use. identified below to ensure that Treasury purposes of response and remedial On January 3, 2017, OMB issued can assist other agencies in responding efforts in the event of a breach of data Memorandum M–17–12, ‘‘Preparing for to a confirmed or suspected breach, as contained in the applicable system of and Responding to a Breach of appropriate. records. Personally Identifiable Information.’’ Treasury has provided a report of this OMB Memorandum M–17–12 rescinded system of records to the Committee on On May 22, 2007, the Office of and replaced OMB Memorandum M– Oversight and Government Reform of Management and Budget (OMB) issued 07–16 and updated the breach response the House of Representatives, the Memorandum M–07–16 ‘‘Safeguarding routine use. OMB M–17–12 requires two Committee on Homeland Security and Against and Responding to the Breach new breach response routine uses, one Governmental Affairs of the Senate, and of Personally Identifiable Information.’’ to respond to a breach of the agencies OMB, pursuant to 5 U.S.C. 552a(r) and It required agencies to publish a routine personally identifiable information and OMB Circular A–108, ‘‘Federal Agency use for their systems of records in another to ensure agencies are able to Responsibilities for Review, Reporting, regards to the disclosure of information disclose records in their systems of and Publication under the Privacy Act,’’ in connection with response and records that may be needed by another dated December 23, 2016. remedial efforts in the event of a breach agency in response to a breach. of personally identifiable information. This notice modifies the breach Ryan Law, Treasury published a notice in the response routine use published at 72 FR Deputy Assistant Secretary for Privacy, Federal Register on October 3, 2007 (72 56434 in accordance with OMB M–17– Transparency, and Records. FR 56434), modifying the Treasury 12 breach response routine use; as systems of records by adding the identified in the chart below for systems Department of the Treasury systems of applicable routine use. New Treasury of records published at 72 FR 56434; records notices, breach response routine systems of records published after that and adds a new routine use to the uses and citations follow.

History System No. and name Routine uses added (citation(s) of last full notice and Bureau will be numbered any subsequent revisions)

Treasury .001—Treasury Payroll and Personnel Add (19) and (20) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). System. Treasury .002—Grievance Records ...... Add (11) and (12) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Treasury .003—Treasury Child Care Tuition Assist- Add (10) and (11) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). ance Records. Treasury .004—Freedom of Information Act/Privacy Add (11) and (12) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Act Request Records. Treasury .005—Public Transportation Incentive Pro- Add (10) and (11) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). gram Records. Treasury .006—Parking and Carpool Program Add (11) and (12) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Records. Treasury .009—Treasury Financial Management Add (19) and (20) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Systems. Treasury .010—Telephone Call Detail Records ...... Add (13) and (14) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Treasury .011—Treasury Safety Incident Manage- Add (13) and (14) ... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). ment Information System (SIMIS). Treasury .012—Fiscal Service Public Key Infra- Add (8) and (9) ...... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). structure. Treasury .013—Department of the Treasury Civil Add (7) and (8) ...... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Rights Complaints and Compliance Review Files. Treasury .014—Department of the Treasury Add (6) and (7) ...... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). SharePoint User Profile Services. Treasury .015—General Information Technology Add (M) and (N) ..... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Access Account Records. Treasury .016—Reasonable Accommodations Add (I) and (J) ...... 81 FR 78266 (Nov. 7, 2016) ...... Department of the Treasury (Treasury-wide). Records. TTB .001—Regulatory Enforcement Record System Add (15) and (16) ... 80 FR 4637 (Jan 28, 2015) ...... Alcohol and Tobacco Tax and Trade Bureau (TTB). BEP .002—Personal Property Claim File ...... Add (8) and (9) ...... 78 FR 22604 (Apr 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .004—Counseling Records ...... Add (8) and (9) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .005—Compensation Claims ...... Add (9) and (10) ..... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .006—Debt Files of Employees ...... Add (12) and (13) ... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .014—Employee’s Production Record ...... Add (8) and (9) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .016—Employee Suggestions ...... Add (8) and (9) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .020—Industrial Truck Licensing Records ...... Add (1) and (2) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .021—Investigative Files ...... Add (9) and (10) ..... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .027—Access Control and Alarm Monitoring Add (9) and (10) ..... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). System (ACAMS). BEP .035—Tort Claims against the United States of Add (7) and (8) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). America. BEP .038—Unscheduled Absence Record ...... Add (7) and (8) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .041—Record of Discrimination Complaints ..... Add (8) and (9) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .045—Mail Order Sales Customer Files ...... Add (4) and (5) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). BEP .047—Employee Emergency Notification Sys- Add (1) and (2) ...... 78 FR 22604 (Apr. 16, 2013) ...... Bureau of Engraving and Printing (BEP). tem. BEP .049—Bureau of Engraving and Printing Tour Add (1) and (2) ...... 78 FR 78512 (Dec. 26, 2013) ...... Bureau of Engraving and Printing (BEP). Scheduling System. BEP .050—Use of Shredded U.S. Currency System Add (1) and (2) ...... 80 FR 13955 (Mar. 17, 2015) ...... Bureau of Engraving and Printing (BEP). BEP .051—Chief Counsel Files ...... Add (9) and (10) ..... 81 FR 77003 (Nov. 4, 2016) ...... Bureau of Engraving and Printing (BEP). DO .003—Law Enforcement Retirement Claims Add (10) and (11) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Records. DO .007—General Correspondence Files ...... Add (7) and (8) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO).

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History System No. and name Routine uses added (citation(s) of last full notice and Bureau will be numbered any subsequent revisions)

DO .010—Office of Domestic Finance, Actuarial Add (2) and (3) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Valuation System. DO .015—Political Appointee Files ...... Add (7) and (8) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .016—Multiemployer Pension Reform Act of Add (L) and (M) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). 2014 (MPRA). DO .060—Correspondence Files and Records on Add (5) and (6) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Dissatisfaction. DO .120—Records Related to Office of Foreign As- Add (13) and (14) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). sets Control Economic Sanctions. DO .144—General Counsel Litigation Referral and Add (8) and (9) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Reporting System. DO .149—Foreign Assets Control Legal Files ...... Add (6) and (7) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .190—Office of Inspector General Investigations Add (10) and (11) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Management Information System. DO .191—Human Resources and Administrative Add (18) and (19) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Records System. DO .193—Employee Locator and Automated Direc- Add (1) and (2) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). tory System. DO .194—Circulation System ...... Add (2) and (3) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .196—Treasury Information Security Program ... Add (5) and (6) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .202—Drug-Free Workplace Program Records Add (2) and (3) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .207—Waco Administrative Review Group In- Add (7) and (8) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). vestigation. DO .209—Personal Services Contracts (PSC) ...... Add (6) and (7) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .214—DC Pensions Retirement Records ...... Add (32) and (33) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .217—National Financial Literacy Challenge Add (6) and (7) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Records. DO .218—Making Home Affordable Program ...... Add (17) and (18) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .219—TARP Standards for Compensation and Add (9) and (10) ..... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Corporate Governance—Executive Compensation Information. DO .220—SIGTARP Hotline Database ...... Add (14) and (15) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .221—SIGTARP Correspondence Database ..... Add (14) and (15) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .222—SIGTARP Investigative MIS Database .... Add (14) and (15) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .223—SIGTARP Investigative Files Database ... Add (14) and (15) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .224—SIGTARP Audit Files Database ...... Add (14) and (15) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). DO .225—TARP Fraud Investigation Information Add (9) and (10) ..... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). System. DO .226—Validating EITC Eligibility with State Data Add (6) and (7) ...... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). Pilot Project Records. DO .411—Intelligence Enterprise Files ...... Add (21) and (22) ... 81 FR 78298 (Nov. 7, 2016) ...... Departmental Offices (DO). FinCEN .001—FinCEN Investigations and Examina- Add (12) and (13) ... 79 FR 20969 (Apr. 14, 2014) ...... Financial Crimes Enforcement Network (FinCEN). tions System. FinCEN .002—Suspicious Activity Report System ... Add (15) and (16) ... 79 FR 20969 (Apr. 14, 2014) ...... Financial Crimes Enforcement Network (FinCEN). FinCEN .003—Bank Secrecy Act Reports System .. Add (17) and (18) ... 79 FR 20969 (Apr. 14, 2014) ...... Financial Crimes Enforcement Network (FinCEN). IRS 00.001—Correspondence Files and Cor- Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). respondence Control Files. IRS 00.002—Correspondence Files: Inquiries about Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Enforcement Activities. IRS 00.003—Taxpayer Advocate Service and Cus- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). tomer Feedback and Survey Records. IRS 00.007—Employee Complaint and Allegation Add (10) and (11) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Referral Records. IRS 00.008—Recorded Quality Review Records ..... Add (4) and (5) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 00.009—Taxpayer Assistance Center (TAC) Add (10) and (11) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Recorded Quality Review Records. IRS 00.333—Third Party Contact Records ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 00.334—Third Party Contact Reprisal Records Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 10.001—Biographical Files, Communications Add (2) and (3) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). and Liaison. IRS 10.004—Stakeholder Relationship Manage- Add (2) and (3) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). ment and Subject Files. IRS 10.008—Certified Professional Employer Orga- Add (8) and (9) ...... 81 FR 44924 (July 11, 2016) ...... Internal Revenue Service (IRS). nizations. IRS 10.555—Volunteer Records ...... Add (6) and (7) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 21.001—Tax Administration Advisory Services Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Resources Records. IRS 22.003—Annual Listing of Undelivered Refund Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Checks. IRS 22.011—File of Erroneous Refunds ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.012—Health Coverage Tax Credit (HCTC) Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Program Records. IRS 22.026—Form 1042S Index by Name of Re- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). cipient. IRS 22.027—Foreign Information System (FIS) ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.028—Disclosure Authorizations for U.S. Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Residency Certification Letters. IRS 22.032—Individual Microfilm Retention Register Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.054—Subsidiary Accounting Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.060—Automated Non-Master File ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.061—Information Return Master File ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 22.062—Electronic Filing Records ...... Add (10) and (11) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS).

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History System No. and name Routine uses added (citation(s) of last full notice and Bureau will be numbered any subsequent revisions)

IRS 24.030—Customer Account Data Engine Indi- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). vidual Master File. IRS 24.046—Customer Account Data Engine Busi- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). ness Master File. IRS 24.047—Audit Underreporter Case Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.001—Acquired Property Records ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.006—Form 2209, Courtesy Investigations ... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.009—Lien Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.012—Offer in Compromise Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.013—Trust Fund Recovery Cases/One Hun- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). dred Percent Penalty Cases. IRS 26.014—Record 21, Record of Seizure and Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Sale of Real Property. IRS 26.019—Taxpayer Delinquent Account Files .... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 26.020—Taxpayer Delinquency Investigation Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Files. IRS 26.021—Transferee Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 30.003—Requests for Printed Tax Materials In- Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). cluding Lists. IRS 30.004—Security Violations ...... Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 34.003—Assignment and Accountability of Per- Add (5) and (6) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). sonal Property Files. IRS 34.009—Safety Program Files ...... Add (8) and (9) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 34.012—Emergency Preparedness Cadre As- Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). signments and Alerting Roster Files. IRS 34.013—Identification Media Files System for Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Employees and Others Issued IRS Identification. IRS 34.014—Motor Vehicle Registration and Entry Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Pass Files. IRS 34.016—Security Clearance Files ...... Add (4) and (5) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 34.021—Personnel Security Investigations ...... Add (7) and (8) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 34.022—Automated Background Investigations Add (8) and (9) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). System (ABIS). IRS 34.037—Audit Trail and Security Records ...... Add (7) and (8) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 35.001—Reasonable Accommodation Request Add (13) and (14) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records. IRS 36.001—Appeals, Grievances and Complaints Add (11) and (12) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records. IRS 36.003—General Personnel and Payroll Add (20) and (21) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records. IRS 37.006—Correspondence, Miscellaneous Add (6) and (7) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records, and Information Management Records. IRS 37.007—Practitioner Disciplinary Records ...... Add (14) and (15) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 37.009—Enrolled Agent and Enrolled Retire- Add (10) and (11) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). ment Plan Agent Records. IRS 37.111—Preparer Tax Identification Number Add (16) and (17) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records. IRS 42.001—Examination Administrative Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 42.002—Excise Compliance Programs ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 42.005—Whistleblower Office Records ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 42.008—Audit Information Management Sys- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). tem. IRS 42.017—International Enforcement Program In- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). formation Files. IRS 42.021—Compliance Programs and Projects Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Files. IRS 42.027—Data on Taxpayers’ Filing on Foreign Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Holdings. IRS 42.031—Anti-Money Laundering/Bank Secrecy Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Act and Form 8300. IRS 42.888—Qualifying Therapeutic Discovery Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Project Records. IRS 44.001—Appeals Case Files ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 44.003—Appeals Centralized Data ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 44.004—Art Case Files ...... Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 44.005—Expert Witness and Fee Appraiser Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Files. IRS 46.002—Criminal Investigation Management In- Add (12) and (13) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). formation System and Case Files. IRS 46.003—Confidential Informants ...... Add (11) and (12) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 46.005—Electronic Surveillance and Monitoring Add (11) and (12) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Records. IRS 46.015—Relocated Witnesses ...... Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 46.050—Automated Information Analysis Sys- Add (11) and (12) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). tem. IRS 48.001—Disclosure Records ...... Add (6) and (7) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 48.008—Defunct Special Service Staff Files Add (3) and (4) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Being Retained Because of Congressional Direc- tive. IRS 49.001—Collateral and Information Requests Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). System.

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History System No. and name Routine uses added (citation(s) of last full notice and Bureau will be numbered any subsequent revisions)

IRS 49.002—Tax Treaty Information Management Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). System. IRS 50.001—Tax Exempt & Government Entities Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). (TE/GE) Correspondence Control Records. IRS 50.003—Tax Exempt & Government Entities Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). (TE/GE) Reports of Significant Matters. IRS 50.222—Tax Exempt/Government Entities (TE/ Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). GE) Case Management Records. IRS 60.000—Employee Protection System Records Add (7) and (8) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 70.001—Individual Income Tax Returns, Statis- Add (1) and (2) ...... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). tics of Income. IRS 90.001—Chief Counsel Management Informa- Add (13) and (14) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). tion System Records. IRS 90.002—Chief Counsel Litigation and Advice Add (23) and (24) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). (Civil) Records. IRS 90.003—Chief Counsel Litigation and Advice Add (15) and (16) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). (Criminal) Records. IRS 90.004—Chief Counsel Legal Processing Divi- Add (15) and (16) ... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). sion Records. IRS 90.005—Chief Counsel Library Records ...... Add (9) and (10) ..... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). IRS 90.006—Chief Counsel Human Resources and Add (26) and 27) .... 80 FR 54063 (Sept. 8, 2015) ...... Internal Revenue Service (IRS). Administrative Records. CC .100—Enforcement Action Report System ...... Add (9) and (10) ..... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .110—Reports of Suspicious Activities ...... Add (9) and (10) ..... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .120—Bank Fraud Information System ...... Add (9) and (10) ..... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .200—Chain Banking Organizations System ..... Add (8) and (9) ...... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .210—Bank Securities Dealers System ...... Add (10) and (11) ... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .340—Access Control System ...... Add (7) and (8) ...... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC. 341—Mass Communication System ...... Add (4) and (5) ...... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .500—Chief Counsel’s Management Information Add (10) and (11) ... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). System. CC .510—Litigation Information System ...... Add (9) and (10) ..... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .600—Consumer Complaint and Inquiry Infor- Add (10) and (11) ... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). mation System. CC .700—Correspondence Tracking System ...... Add (9) and (10) ..... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .701—Retiree Billing System ...... Add (4) and (5) ...... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). CC .800—Office of Inspector General Investigations Add (10) and (11) ... 81 FR 2945 (Jan. 19, 2016) ...... Office of the Comptroller of the Currency (OCC). System.

The remainder of Treasury’s systems confirmed breach or to prevent, Economic and Security Review of records for the 166 records remains minimize, or remedy such harm; Commission. unchanged except for the two breach ( ) To another Federal agency or Notice is hereby given of meetings of routine uses identified below.Treasury’s Federal entity, when the Department of the U.S.-China Economic and Security system of records routine use numbers the Treasury and/or Treasury bureau Review Commission to review and edit are listed above, and the breach determines that information from this drafts of the 2020 Annual Report to response routine use are replaced as system of records is reasonably Congress. The Commission is mandated follows: necessary to assist the recipient agency by Congress to investigate, assess, and or entity in (1) responding to a report to Congress annually on the ‘‘the ROUTINE USES OF RECORDS MAINTAINED IN THE suspected or confirmed breach or (2) national security implications of the SYSTEM, INCLUDING CATEGORIES OF USERS AND preventing, minimizing, or remedying economic relationship between the THE PURPOSES OF SUCH USES: the risk of harm to individuals, the United States and the People’s Republic ( ) To appropriate agencies, entities, recipient agency or entity (including its of China.’’ Pursuant to this mandate, the and persons when (1) the Department of information systems, programs, and Commission will hold public meetings the Treasury and/or Treasury bureau operations), the Federal Government, or to review and edit drafts of the 2020 suspects or has confirmed that there has national security, resulting from a Annual Report to Congress. been a breach of the system of records; suspected or confirmed breach. DATES: The meetings are scheduled for (2) the Department of the Treasury and/ [FR Doc. 2020–12899 Filed 6–15–20; 8:45 am] Thursday, June 25, 2020, from 9:00 a.m. or Treasury bureau has determined that BILLING CODE 4810–25–P to 5:00 p.m..; Thursday, July 23, 2020, as a result of the suspected or confirmed from 9:00 a.m. to 5:00 p.m.; Thursday, breach there is a risk of harm to September 10, 2020, from 9:00 a.m. to individuals, the Department of the 5:00 p.m.; and Wednesday, October 14, Treasury and/or Treasury bureau(s) U.S.-CHINA ECONOMIC AND 2019, from 9:00 a.m. to 5:00 p.m. (including its information systems, SECURITY REVIEW COMMISSION ADDRESSES: 444 North Capitol Street NW, Room 233, Washington, DC 20001. programs, and operations), the Federal Notice of Open Public Meetings Government, or national security; and Public seating is limited and will be (3) the disclosure made to such AGENCY: U.S.-China Economic and available on a ‘‘first-come, first-served’’ agencies, entities, and persons is Security Review Commission. basis. Reservations are not required to attend the meetings. reasonably necessary to assist in ACTION: Notice of open public meetings. connection with the Department of the FOR FURTHER INFORMATION CONTACT: Any Treasury’s and/or Treasury bureau’s SUMMARY: Notice is hereby given of the member of the public seeking further efforts to respond to the suspected or following meetings of the U.S.-China information concerning the meetings

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should contact Jameson Cunningham, U.S.-CHINA ECONOMIC AND in the future, including the prospects for 444 North Capitol Street NW, Suite 602, SECURITY REVIEW COMMISSION a kinetic conflict. Washington, DC 20001; telephone: 202– The hearing will be co-chaired by 624–1496, or via email at jcunningham@ Notice of Open Public Hearing Commissioner Roy Kamphausen and uscc.gov. Reservations are not required Commissioner Kenneth Lewis. Any AGENCY: U.S.-China Economic and to attend the meetings. interested party may file a written ADA Accessibility: For questions Security Review Commission. statement by June 24, 2020 by about the accessibility of the event or to ACTION: Notice of open public hearing. transmitting to the contact above. A request an accommodation, please portion of the hearing will include a SUMMARY: Notice is hereby given of the contact Jameson Cunningham at 202– question and answer period between the following hearing of the U.S.-China 624–1496, or via email at jcunningham@ Commissioners and the witnesses. uscc.gov. Requests for an Economic and Security Review Commission. Authority: Congress created the U.S.-China accommodation should be made as soon Economic and Security Review Commission as possible, and at least five business The Commission is mandated by Congress to investigate, assess, and in 2000 in the National Defense days prior to the event. Authorization Act (Public Law 106–398), as report to Congress annually on ‘‘the SUPPLEMENTARY INFORMATION: amended by Division P of the Consolidated Purpose of Meeting: Pursuant to the national security implications of the Appropriations Resolution, 2003 (Public Law Commission’s mandate, members of the economic relationship between the 108–7), as amended by Public Law 109–108 Commission will meet to review and United States and the People’s Republic (November 22, 2005), as amended by Public edit drafts of the 2020 Annual Report to of China.’’ Pursuant to this mandate, the Law 113–291 (December 19, 2014). Congress. The Commission is subject to Commission will hold a virtual public Date: June 10, 2020, the Federal Advisory Committee Act hearing in Washington, DC on June 24, Daniel W. Peck, 2020 on ‘‘The Chinese View of Strategic (FACA) with the enactment of the Executive Director, U.S.-China Economic and Science, State, Justice, Commerce and Competition with the United States.’’ Security Review Commission. Related Agencies Appropriations Act, DATES: The hearing is scheduled for [FR Doc. 2020–12871 Filed 6–15–20; 8:45 am] Wednesday, June 24, 2020, at 10:00 a.m. 2006 that was signed into law on BILLING CODE 1137–00–P November 22, 2005 (Pub. L. 109–108). ADDRESSES: This hearing will be held In accordance with FACA, the online, with panelists and Commission’s meetings to make Commissioners participating via DEPARTMENT OF VETERANS decisions concerning the substance and videoconference. Members of the public AFFAIRS recommendations of its 2020 Annual will be able to view a live webcast via Report to Congress are open to the the Commission’s website at Advisory Committee on Homeless public. www.uscc.gov. Please check the Veterans; Notice of Meeting Topics to Be Discussed: Editing and Commission’s website for possible review sessions will cover material changes to the hearing schedule. The Department of Veterans Affairs prepared for the 2020 Annual Report, Reservations are not required to attend (VA) gives notice under the Federal including: a review of economics, trade, the hearing. Advisory Committee Act that a virtual security and foreign affairs meeting of the Advisory Committee on FOR FURTHER INFORMATION CONTACT: Any developments in 2020; China’s quest for Homeless Veterans will be held June 29, member of the public seeking further capital; China’s military power 2020 from 2:00 p.m. to 3:00 p.m. information concerning the hearing projection; the China Model: Changing (Eastern Standard Time). The one-hour should contact Jameson Cunningham, global norms; China in Africa; health virtual meeting is open to the public. 444 North Capitol Street NW, Suite 602, care in China; evolving U.S-China The purpose of the Committee is to Washington, DC 20001; telephone: 202– competition; Taiwan; and Hong Kong. provide the Secretary of Veterans Affairs Required Accessibility Statement: 624–1496, or via email at jcunningham@ with an on-going assessment of the These meetings will be open to the uscc.gov. Reservations are not required effectiveness of the policies, public. The Commission may recess the to attend the hearing. organizational structures, and services meetings to address administrative ADA Accessibility: For questions of VA in assisting Veterans at-risk and issues in closed session. The about the accessibility of the event or to experiencing homelessness. The Commission will also recess the request an accommodation, please Committee shall assemble, and review meetings around noon for a lunch break. contact Jameson Cunningham at 202– information related to the needs of At the beginning of the lunch break, the 624–1496, or via email at jcunningham@ homeless Veterans and provide advice Chairman will announce what time the uscc.gov. Requests for an on the most appropriate means of meetings will reconvene. accommodation should be made as soon providing assistance to that subset of the as possible, and at least five business Veteran population. The Committee will Authority: Congress created the U.S.-China days prior to the event. Economic and Security Review Commission make recommendations to the Secretary in 2000 in the National Defense SUPPLEMENTARY INFORMATION: of Veterans Affairs regarding such Authorization Act (Public Law 106–398), as Background: This hearing will activities. amended by Division P of the Consolidated examine China’s views of and approach The agenda will include a vote on Appropriations Resolution, 2003 (Public Law to strategic competition with the United recommendations to the Secretary of 108–7), as amended by Public Law 109–108 States. It will first assess U.S.-China Veterans Affairs, which will focus (November 22, 2005), as amended by Public strategic competition over the last 20 Law 113–291 (December 19, 2014). primarily on VA’s response to COVID– years in the economic, military, and 19. Dated: June 10, 2020. ideological domains. The hearing will No time will be allocated at this Daniel W. Peck, then assess how China views this virtual meeting for receiving oral Executive Director, U.S.-China Economic and competition playing out in the United presentations from the public. Interested Security Review Commission. Nations and in key regions of the world. parties should provide written [FR Doc. 2020–12872 Filed 6–15–20; 8:45 am] Finally, it will examine how the U.S.- comments on issues affecting homeless BILLING CODE 1137–00–P China strategic competition will evolve Veterans for review by the Committee to

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Mr. Anthony Love, Designated Federal Members of the public who wish to number at 1–800–767–1750; access Officer, Veterans Health Administration, virtually attend should contact code: 50653#. Homeless Programs Office (10NC1), [email protected] and Leisa.Davis@ Dated: June 11, 2020. Department of Veterans Affairs, 811 va.gov of the Veterans Health Jelessa M. Burney, Vermont Avenue NW (10NC1), Administration, Homeless Programs Washington, DC 20420, or via email at Office no later than June 22, 2020, to Federal Advisory Committee Management Officer. [email protected] and Leisa.Davis@ provide their name, professional va.gov. affiliation, email address, and phone [FR Doc. 2020–12938 Filed 6–15–20; 8:45 am] number. There will also be a call-in BILLING CODE P

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Reader Aids Federal Register Vol. 85, No. 116 Tuesday, June 16, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 2 CFR Proposed Rules: Presidential Documents 9...... 33581 Executive orders and proclamations 741–6000 910...... 32977 35...... 33581 The United States Government Manual 741–6000 3 CFR 72...... 33582 Other Services 170...... 34370 Proclamations: 429...... 35700 Electronic and on-line services (voice) 741–6020 9496 (amended by 430...... 35382, 35700 Privacy Act Compilation 741–6050 Proc. 10049) ...... 35793 431 ...... 33036, 34111, 34541, 10043...... 34353 35382, 35383, 35394 10044...... 34941 ELECTRONIC RESEARCH 10045...... 34943 12 CFR World Wide Web 10046...... 34945 3...... 32980 10047...... 34947 6...... 32980 Full text of the daily Federal Register, CFR and other publications 10048...... 34949 7...... 33530, 35373 is located at: www.govinfo.gov. 10049...... 35793 25...... 34734 Federal Register information and research tools, including Public Executive Orders: 30...... 32991 Inspection List and electronic text are located at: 13925...... 34079 160...... 33530 www.federalregister.gov. 13926...... 34951 195...... 34734 13927...... 35165 208...... 32980, 32991 E-mail 13928...... 36139 217...... 32980 FEDREGTOC (Daily Federal Register Table of Contents Electronic Administrative Orders: 324...... 32980 Mailing List) is an open e-mail service that provides subscribers Memorandums: 364...... 32991 with a digital form of the Federal Register Table of Contents. The Memorandum of April 741...... 32991 digital form of the Federal Register Table of Contents includes 14, 2020 ...... 35797 1005...... 34870 HTML and PDF links to the full text of each document. Memorandum of June Proposed Rules: 2, 2020 ...... 34955 745...... 34545 To join or leave, go to https://public.govdelivery.com/accounts/ Memorandum of June USGPOOFR/subscriber/new, enter your email address, then 4, 2020 ...... 35171 13 CFR follow the instructions to join, leave, or manage your Notices: 120 ...... 33004, 33010, 35550, subscription. Notice of June 11, 36308 PENS (Public Law Electronic Notification Service) is an e-mail 2020 ...... 36137 121...... 35550 service that notifies subscribers of recently enacted laws. 7 CFR 14 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1...... 34085 29...... 34493 and select Join or leave the list (or change settings); then follow 9...... 35799 39 ...... 34088, 34090, 34597, the instructions. 985...... 35545 34599, 35175, 35177, 35553, FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 35555, 36143, 36145, 36312, respond to specific inquiries. 205...... 34651 36318 Reference questions. Send questions and comments about the 301...... 34537 71 ...... 33536, 34602, 34604, Federal Register system to: [email protected] 966...... 35222 36320 97...... 35800, 35803 The Federal Register staff cannot interpret specific documents or 8 CFR regulations. Proposed Rules: Proposed Rules: 25...... 36351 208...... 36264 39 ...... 33043, 33046, 33583, FEDERAL REGISTER PAGES AND DATE, JUNE 235...... 36264 34118, 34121, 34136, 34139, 1003...... 36264 34141, 34371, 34375, 34655, 32977–33526...... 1 1208...... 36264 34656, 34658, 34661, 34664, 33527–34084...... 2 1235...... 36264 35227, 35602, 35604, 35812, 34085–34352...... 3 35814, 35816, 36352 34353–34492...... 4 9 CFR 71 ...... 33587, 33589, 33590, 34493–34956...... 5 Proposed Rules: 34144, 34146, 34148, 34666, 34957–35164...... 8 7...... 35812 35229, 35231, 35818, 36172, 35165–35372...... 9 310...... 33031 36174, 36355 352...... 33034 35373–35544...... 10 15 CFR 35545–35796...... 11 10 CFR 4a...... 35374 35797–36138...... 12 9...... 33527 744...... 34495, 34503 36139–36306...... 15 34...... 36307 774...... 34306 36307–36466...... 16 35...... 33527 36...... 36307 16 CFR 39...... 36307 1253...... 33015 50...... 34087 Proposed Rules: 72...... 36307 317...... 34548

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17 CFR Proposed Rules: 228...... 35564 51...... 35208 39...... 35805 1614...... 33049 271...... 33026 54...... 33578, 34525 282...... 34361 73...... 35567 229...... 33290 30 CFR 230...... 33290 721...... 35191 74...... 35567 232...... 33290 550...... 34912 Proposed Rules: Proposed Rules: 52 ...... 33049, 33052, 34379, 1...... 35405 239...... 33290 31 CFR 240...... 33020, 33290 34381, 34559, 34671, 34673, 2...... 35405 243...... 33290 569...... 34510 34675, 34677, 34681, 34686, 18...... 35405 35607, 35852, 36359 54...... 35627 249...... 33290 32 CFR 270...... 33290 80...... 34688 64...... 35406 274...... 33290 104...... 34518 81...... 34381 199...... 34101 Proposed Rules: 82...... 35874 48 CFR 1...... 36000 Proposed Rules: 83...... 35612 507...... 35846 180...... 33059 201...... 34527 3...... 35820 206...... 34528 4...... 36000 282...... 34395 33 CFR 300...... 36368 208...... 34530 41...... 36000 210...... 34530 190...... 36000 100 ...... 33543, 33547, 34633, 721...... 36175 34634 212...... 34530 18 CFR 117...... 33550 41 CFR 215...... 34530, 34532 218...... 34527 Ch. 1 ...... 36321 165 ...... 33553, 33561, 33566, Proposed Rules: 33568, 33570, 34104, 34519, 102–35...... 35236 219...... 34528 19 CFR 34520, 34639, 34641, 35806, 102–36...... 35236 225...... 34533 36328 234...... 34530 Proposed Rules: 102–37...... 35236 207...... 34643 102–38...... 35236 249...... 34535 24...... 34549, 34836 252...... 34535, 34536 111...... 34549, 34836 326...... 34643 102–39...... 35236 Proposed Rules: 102–40...... 35236 804...... 36348 21 CFR 100...... 33592, 35404 805...... 36348 165...... 34668 42 CFR 849...... 36348 112...... 34508 852...... 36348 573...... 33538 417...... 33796 34 CFR Proposed Rules: 1308...... 34607, 36148 422...... 33796 361...... 33021 423...... 33796 2...... 34561 22 CFR Ch. III ...... 36329 Proposed Rules: 9...... 34561 15...... 34561 42.34...... 36323 Proposed Rules: 136...... 36182 19...... 34155, 34561 120...... 35376 Ch. III ...... 34554 43 CFR 42...... 34155 122...... 35376 36 CFR 52...... 34155, 34561 123...... 35376 Proposed Rules: 204...... 34569 124...... 35376 13...... 35181 5000...... 34689 212...... 34569 129...... 35376 Proposed Rules: 5400...... 34689 239...... 34576 531...... 36150 251...... 34378 5410...... 34689 5420...... 34689 252...... 34569, 34576 26 CFR 37 CFR 5430...... 34689 825...... 35238 1...... 35557 1...... 36335 5440...... 34689 Proposed Rules: Proposed Rules: 5450...... 34689 49 CFR 1 ...... 34050, 35233, 35398, 201...... 34150 5460...... 34689 29...... 33494 35606, 35746, 35835 5470...... 34689 385...... 33396 38 CFR 53...... 35746 5500...... 34689 395...... 33396 9...... 35562 Proposed Rules: 27 CFR 44 CFR 71...... 34522 191...... 35240 9...... 34095 67...... 34648 192...... 35240 18...... 33539 39 CFR 45 CFR 572...... 33617 19...... 33539 3030...... 35807 24...... 33539 Proposed Rules: 302...... 35201 25...... 33539 551...... 35404 303...... 35201 50 CFR 26...... 33539 305...... 35201 17...... 35574 27...... 33539 40 CFR 307...... 35201 216...... 35379 28...... 33539 9...... 35191 309...... 35201 300...... 35379 30...... 33539 52 ...... 33021, 33023, 33571, 1168...... 35566 622 ...... 36164, 36165, 36166 70...... 33539 34106, 34108, 34357, 34524, Proposed Rules: 648 ...... 33027, 33579, 35209 35198, 35377, 35809, 36154, 153...... 33595 660...... 35210, 35594 29 CFR 36161, 36342, 36343 679...... 35381 541...... 34609 63...... 34326 47 CFR Proposed Rules: 778...... 34610 70...... 33023 0...... 34525 17...... 33060, 35510 1614...... 35558 81...... 35377 1...... 33578 21...... 34578 4022...... 36153 174...... 34646 2...... 33578 36...... 35628 4044...... 36153 180...... 34359 11...... 35567 218...... 33914

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