Vol. 85 Friday, No. 206 October 23, 2020
Pages 67427–67630
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 85, No. 206
Friday, October 23, 2020
Agency for International Development RULES RULES Federal Acquisition Regulation: Procurement of Certain Essential Medical Supplies Circular 2021–02; Introduction, 67612–67613 Financed by USAID during the COVID–19 Pandemic, Circular 2021–02; Small Entity Compliance Guide, 67443–67446 67629–67630 Documentation of Market Research, 67623 Agriculture Department Recreational Services on Federal Lands, 67626–67628 See Rural Utilities Service Removal of Appendix, 67613–67615 Removal of Obsolete Definitions, 67615–67617 Air Force Department Reserve Officer Training Corps and Military Recruiting NOTICES on Campus, 67619–67622 Meetings: Taxes—Foreign Contracts in Afghanistan, 67623–67626 Board of Visitors of Air University, 67529–67530 Technical Amendments, 67628–67629 Scientific Advisory Board, 67529 Update to Excess Personal Property Procedures, 67617– 67619 Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Drug Enforcement Administration Establishment of Viticultural Area: NOTICES Goose Gap, 67469–67474 Importer of Controlled Substances Application: Lower Long Tom, 67475–67480 Mylan Technologies, Inc., 67567–67568
Centers for Disease Control and Prevention Economic Analysis Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67544–67546 Submissions, and Approvals: Direct Investment Surveys: BE–605, Quarterly Survey of Centers for Medicare & Medicaid Services Foreign Direct Investment in the United States— NOTICES Transactions of U.S. Affiliate with Foreign Parent, Agency Information Collection Activities; Proposals, 67508–67509 Submissions, and Approvals, 67546–67547 Education Department Commerce Department NOTICES See Economic Analysis Bureau Agency Information Collection Activities; Proposals, See Foreign-Trade Zones Board Submissions, and Approvals: See International Trade Administration Veterans Upward Bound Program Annual Performance See National Oceanic and Atmospheric Administration Report, 67530–67531 See Patent and Trademark Office Applications for New Awards: Centers of Excellence for Veteran Student Success Committee for Purchase From People Who Are Blind or Program; Correction, 67531 Severely Disabled NOTICES Energy Department Procurement List; Additions and Deletions, 67526–67528 PROPOSED RULES Enforcement for Consumer Products and Commercial and Community Living Administration Industrial Equipment, 67464–67465 NOTICES Agency Information Collection Activities; Proposals, Engineers Corps Submissions, and Approvals: NOTICES Alzheimer’s and Dementia Program Data Reporting Tool, Environmental Impact Statements; Availability, etc.: 67549–67550 Easement to Cross Under Lake Oahe, North Dakota for a State Health Insurance Assistance Program Annual Sub- Fuel-Carrying Pipeline Right-of-Way for a Portion of Recipients Report, 67548–67549 the Dakota Access Pipeline; Scoping Period Title VI Program Performance Report, 67547–67548 Extension, 67530
Consumer Product Safety Commission Environmental Protection Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Applications: Submissions, and Approvals: Alternative Methods for Calculating Off-cycle Credits Contests, Challenges, and Awards, 67528–67529 under the Light-duty Vehicle Greenhouse Gas Emissions Program; Volkswagen Group of America, Defense Department Inc., 67535–67536 See Air Force Department Environmental Impact Statements; Availability, etc.: See Engineers Corps Weekly Receipt, 67536
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Pesticide Product Registration; Applications: Fish and Wildlife Service New Uses; September 2020, 67538 NOTICES Pesticide Registration Review: Agency Information Collection Activities; Proposals, Proposed Interim Decision for Paraquat, 67536–67538 Submissions, and Approvals: Proposed Interim Decisions for Methomyl and Native Youth Community Adaptation and Leadership Thiodicarb, 67531–67532 Congress, 67559–67561 Proposed Interim Decisions for Several Pesticides, 67533– Programmatic Clearance for Social Science Research, 67534, 67538–67540 67558–67559 Endangered and Threatened Species: Recovery Permit Applications, 67557–67558 Federal Aviation Administration RULES Food and Drug Administration Airspace Designations and Reporting Points: NOTICES McChord, WA, 67442–67443 Final Debarment Order: Northcentral United States, 67439–67441 Captain Neill’s Seafood, Inc., 67552–67553 Petersburg, WV, 67441–67442 Phillip R. Carawan, 67553–67554 Special Conditions: Guidance: Archeion Holdings, LLC, Boeing Model No. 737–300, Wholesale Distributor Verification Requirement for –400, –700, –800, –8, and –9 Series Airplanes; Saleable Returned Drug Product and Dispenser Electronic-System Security Protection from Verification Requirements When Investigating a Unauthorized External Access, 67433–67435 Suspect or Illegitimate Product; Compliance Policies, Archeion Holdings, LLC, Boeing Model No. 737–300, 67550–67552 –400, –700, –800, –8, and –9 Series Airplanes; Electronic–System Security Protection from Foreign Assets Control Office Unauthorized Internal Access, 67435–67436 NOTICES Chicago Jet Group, Dassault Aviation Model Falcon 900 Blocking or Unblocking of Persons and Properties, 67607– Airplane; Rechargeable Lithium Batteries, 67436– 67609 67438 The Boeing Company Model 777–9 Series Airplane; Foreign-Trade Zones Board Interior Design to Facilitate Searches Above NOTICES Passenger Cabin High Wall Suites, 67439 Approval of Subzone Expansion: PROPOSED RULES Hyster-Yale Group, Inc., Berea, KY, 67509 Airworthiness Directives: Authorization of Production Activity: Airbus SAS Airplanes, 67467–67469 Volflex, Inc., Foreign-Trade Zone 22, Chicago, IL, 67509 Pilatus Aircraft Ltd. Airplanes, 67465–67467 General Services Administration Federal Communications Commission RULES RULES Federal Acquisition Regulation: Improving Video Relay Service and Direct Video Calling: Circular 2021–02; Introduction, 67612–67613 Implementing Kari’s Law of RAY BAUM’s Act; Inquiry Circular 2021–02; Small Entity Compliance Guide, Concerning 911 Access, Routing and Location in 67629–67630 Enterprise Communications Systems; Amending the Documentation of Market Research, 67623 Definition of Interconnected VoIP Service; Video Recreational Services on Federal Lands, 67626–67628 Relay Service Call Handling, 67447–67450 Removal of Appendix, 67613–67615 Rates for Interstate Inmate Calling Services, 67450–67462 Removal of Obsolete Definitions, 67615–67617 PROPOSED RULES Reserve Officer Training Corps and Military Recruiting Rates for Interstate Inmate Calling Services, 67480–67507 on Campus, 67619–67622 NOTICES Taxes—Foreign Contracts in Afghanistan, 67623–67626 Agency Information Collection Activities; Proposals, Technical Amendments, 67628–67629 Submissions, and Approvals, 67540–67541 Update to Excess Personal Property Procedures, 67617– 67619
Federal Deposit Insurance Corporation Geological Survey RULES NOTICES Applicability of Annual Independent Audits and Reporting Agency Information Collection Activities; Proposals, Requirements for Fiscal Years Ending in 2021, 67427– Submissions, and Approvals: 67433 The National Map Corps—Volunteered Geographic Information Project, 67561 Federal Reserve System NOTICES Health and Human Services Department Formations of, Acquisitions by, and Mergers of Bank See Centers for Disease Control and Prevention Holding Companies, 67541 See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration Federal Trade Commission See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals, 67541–67544 See U.S. Customs and Border Protection
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Indian Affairs Bureau Land Management Bureau NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Final Conformity Determination for the Tejon Indian Submissions, and Approvals: Tribe’s Proposed Fee-to-Trust Acquisition and Casino Use and Occupancy Under the Mining Laws, 67563– Resort Project, Kern County, CA, 67561–67562 67564 Little River Band Trust Acquisition and Casino Project, Meetings: Township of Fruitport, Muskegon County, MI, John Day-Snake Resource Advisory Council Planning 67562–67563 Subcommittee and the John Day–Snake Resource Advisory Council, 67565 Plats of Survey: Interior Department Alaska, 67564–67565 See Fish and Wildlife Service See Geological Survey Maritime Administration See Indian Affairs Bureau NOTICES See Land Management Bureau Center of Excellence for Domestic Maritime Workforce: Opportunity to Apply for Training and Education International Trade Administration Designation, 67599–67603 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Aeronautics and Space Administration or Reviews: RULES Cast Iron Soil Pipe Fittings from the People’s Republic of Federal Acquisition Regulation: China, 67515–67517 Circular 2021–02; Introduction, 67612–67613 Certain Cold-Drawn Mechanical Tubing of Carbon and Circular 2021–02; Small Entity Compliance Guide, Alloy Steel from Italy, 67509–67511 67629–67630 Emulsion Styrene-Butadiene Rubber from the Republic of Documentation of Market Research, 67623 Korea, 67512–67513 Recreational Services on Federal Lands, 67626–67628 Laminated Woven Sacks from the People’s Republic of Removal of Appendix, 67613–67615 China, 67513–67515 Removal of Obsolete Definitions, 67615–67617 Steel Concrete Reinforcing Bars from Belarus and Carbon Reserve Officer Training Corps and Military Recruiting and Alloy Steel Wire Rod from Belarus, 67511–67512 on Campus, 67619–67622 Uranium from the Russian Federation, 67517 Taxes—Foreign Contracts in Afghanistan, 67623–67626 Technical Amendments, 67628–67629 Update to Excess Personal Property Procedures, 67617– International Trade Commission 67619 NOTICES NOTICES Investigations; Determinations, Modifications, and Rulings, Senior Executive Service: etc.: Performance Review Board, 67571 Certain Rolled-Edge Rigid Plastic Food Trays, 67566– 67567 National Highway Traffic Safety Administration Difluoromethane (R–32) from China, 67566 NOTICES Petition for Decision of Inconsequential Noncompliance: Mercedes-Benz USA, LLC, 67604–67605 Justice Department Volkswagen Group of America, Inc., 67605–67606 See Drug Enforcement Administration See Justice Programs Office National Institutes of Health RULES NOTICES Designation of Authority, 67446–67447 Meetings: NOTICES Center for Scientific Review, 67554–67556 Designation of Criminal Division as ‘Designated Authority’ under an Agreement with the United Kingdom, 67568 National Oceanic and Atmospheric Administration Proposed Consent Decree: RULES Clean Air Act, 67568–67569 Fisheries of the Exclusive Economic Zone off Alaska: Pollock in Statistical Area 630 in the Gulf of Alaska, Justice Programs Office 67463 NOTICES NOTICES Agency Information Collection Activities; Proposals, Application for Exempted Fishing Permits: Submissions, and Approvals: General Provisions for Domestic Fisheries, 67518–67519 2020 National Survey of Prosecutors, 67569–67570 Aquaculture Opportunity Areas, 67519–67522 Meetings: Nuclear Regulatory Commission Committee on Juvenile Justice, 67569 NOTICES Environmental Impact Statements; Availability, etc.: Labor Department Virginia Electric and Power Co.; North Anna Power NOTICES Station, Unit Nos.1 and 2; Intent to Conduct Scoping Agency Information Collection Activities; Proposals, Process, 67572–67574 Submissions, and Approvals: Meetings: Hazard Communication, 67570 Advisory Committee on Reactor Safeguards, 67571–67572
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Patent and Trademark Office See Maritime Administration NOTICES See National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: Treasury Department Patent Examiner Employment Application, 67525–67526 See Alcohol and Tobacco Tax and Trade Bureau Substantive Submissions Made During Prosecution of the See Foreign Assets Control Office Trademark Application, 67522–67524 Rural Utilities Service U.S. Customs and Border Protection RULES NOTICES Rural Energy Savings Program, 67427 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Automated Clearinghouse, 67556 NOTICES Order Granting Conditional Exemptive Relief: Veterans Affairs Department Reporting of Allocations Pursuant to the National Market RULES System Plan Governing the Consolidated Audit Trail, Acquisition Regulation: 67576–67579 Contract Administration and Audit Services; Correction, Self-Regulatory Organizations; Proposed Rule Changes: 67462–67463 Financial Industry Regulatory Authority, Inc., 67574– NOTICES 67576 Agency Information Collection Activities; Proposals, Nasdaq BX, Inc., 67579–67582 Submissions, and Approvals: Small Business Administration Maintenance of Records, 67609–67610 NOTICES Veterans Mortgage Life Insurance Statement, 67609 Major Disaster Declaration: California, 67582–67583 California; Public Assistance Only, 67582 Separate Parts In This Issue Louisiana, 67582 Requests for Nominations: Advisory Committee on Veterans Business Affairs, 67583 Part II Defense Department, 67612–67630 State Department General Services Administration, 67612–67630 NOTICES National Aeronautics and Space Administration, 67612– Agency Information Collection Activities; Proposals, 67630 Submissions, and Approvals: Electronic Medical Examination for Visa Applicant, 67584–67585 Reader Aids Medical Examination for Visa or Refugee Applicant, Consult the Reader Aids section at the end of this issue for 67583–67584 phone numbers, online resources, finding aids, and notice State Justice Institute of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Grant Guideline, 67585–67599 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or See Federal Aviation Administration manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1719...... 67427 10 CFR Proposed Rules: 429...... 67464 431...... 67464 12 CFR 363...... 67427 14 CFR 25 (4 documents) ...... 67433, 67435, 67436, 67439 71 (3 documents) ...... 67439, 67441, 67442 Proposed Rules: 39 (2 documents) ...... 67465, 67467 22 CFR 228...... 67443 27 CFR Proposed Rules: 9 (2 documents) ...... 67469, 67475 28 CFR 0...... 67446 47 CFR 9...... 67447 64 (2 documents) ...... 67447, 67450 Proposed Rules: 64...... 67480 48 CFR Ch. 1 (2 documents) ...... 67612, 67629 1...... 67613 2...... 67615 4...... 67628 8...... 67617 9 (2 documents) ...... 67615, 67619 10...... 67623 12...... 67619, 67623 13...... 67619 15...... 67613 19...... 67615 22...... 67626 28...... 67613 29...... 67623 30...... 67613 42...... 67613 43...... 67619 44...... 67613 52 (5 documents) ...... 67615, 67619, 67623, 67626, 67628 53...... 67628 841...... 67462 842...... 67462 50 CFR 679...... 67463
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Rules and Regulations Federal Register Vol. 85, No. 206
Friday, October 23, 2020
This section of the FEDERAL REGISTER support recommendations made in the period of only 10-years can leave a contains regulatory documents having general Rural Prosperity Task Force report (see significant gap from Year 10 on.’’ The applicability and legal effect, most of which www.usda.gov/ruralprosperity) to help commenter suggested a potential are keyed to and codified in the Code of improve life in rural America, to solution would be to allow the eligible Federal Regulations, which is published under consider projects that provide borrower to request repayment 50 titles pursuant to 44 U.S.C. 1510. measurable results in helping rural schedules that fit the needs of the The Code of Federal Regulations is sold by communities build robust and project for both repayment to RESP and the Superintendent of Documents. sustainable economies through strategic the qualified consumer repayment to the investments in infrastructure, re-lender. The other commenter states partnerships and innovation. Key that their company invested in DEPARTMENT OF AGRICULTURE strategies include: Achieving e- manufactured home replacement Connectivity for rural America, projects in Oregon. ‘‘It has been our Rural Utilities Service developing the rural economy, experience that the higher monthly harnessing technological innovation, payments associated with a 10-year loan 7 CFR Part 1719 supporting a rural workforce, and term for higher cost measures such as RIN 0572–AC45 improving quality of life. manufactured homes, can constitute a Summary of Comments and Responses significant obstacle for low- and Rural Energy Savings Program moderate-income Oregonians—many of RUS invited comments on the final whom live in rural communities. The AGENCY: Rural Utilities Service, USDA. rule published on April 2, 2020 in the manufactured home replacement pilot ACTION: Final rule and response to Federal Register (85 FR 18413) and program which they successfully comments. received three comments. Two operate utilizes a 20-year customer loan comments were received were from term. Should RUS find it feasible to do SUMMARY: The Rural Utilities Service business organizations; Fleet (RUS), a Rural Development agency of so, the agency should consider whether Development and Energy Trust. One extending the Qualified consumer loan the United States Department of comment was received from an Agriculture (USDA), is confirming the term to 20 years would result in more individual, Mr. Inri Gonzalez. The uptake by rural utility customers and final rule published in the Federal comments and Agency’s responses are Register on April 2, 2020 to establish more effectively advance RUS ability to summarized as follows: deploy these funds to the benefit of the Rural Energy Savings Program Issue 1: One individual and one rural Americans.’’ (RESP) as authorized by Section 6407 of organization expressed support for the Agency Response—The current 10- the Farm Security and Rural Investment Program as published on April 2, 2020 year maturity on loans to qualified Act of 2002, as amended. This in the Federal Register. document also provides the Agency an Agency Response: The Agency consumers is a statutory requirement opportunity to acknowledge public appreciates the input from the two provided in the Rural Energy Savings comments received on the final rule. respondents that support the final rule. Program enabling statute, see 7 U.S.C. 8107a(d)(1)(B). An amendment to that DATES: The final rule published April 2, Issue 2: Two commenters provide program feature will require 2020 at 85 FR 18413 is confirmed. energy efficiency services in their state, including services to multi-family Congressional action. FOR FURTHER INFORMATION CONTACT: The RUS appreciates the interest of Robert Coates, Rural Utilities Service, dwellings and manufactured homes, and more specifically the replacement the commenters in the RESP and thanks Electric Program, Rural Development, them for their submissions. United States Department of of substandard manufactured housing Agriculture, 1400 Independence Avenue units. One commenter wrote that ‘‘One Chad Rupe, SW, STOP 1568, Room 5165–S, recommendation we offer is to re- Administrator, Rural Utilities Service. consider the allowable payback period Washington, DC 20250; Telephone: [FR Doc. 2020–21772 Filed 10–22–20; 8:45 am] of both the RESP loan to the eligible (202) 260–5415; Email Robert.Coates@ BILLING CODE P borrower and the loan from the usda.gov. borrower to the qualified consumer. SUPPLEMENTARY INFORMATION: The Rural Often utility infrastructure, energy Utilities Service published the RESP efficiency and renewable energy FEDERAL DEPOSIT INSURANCE final rule to assist rural families and projects are major long-term capital CORPORATION small businesses achieve cost savings by investments. It is not uncommon for a 12 CFR Part 363 providing loans to qualified consumers project of any scale to meet its return on through eligible entities to implement investment in the 12–20-year range and RIN 3064–AF63 durable cost-effective energy efficiency then deliver energy savings for the next measures pursuant to 7 U.S.C. 8107a(a) 10–20 years. We believe this financial Applicability of Annual Independent of the RESP authorizing statute. The reality may have been partly responsible Audits and Reporting Requirements Secretary may use this funding to allow for the historic under use of the for Fiscal Years Ending in 2021 eligible entities to offer energy program. Energy efficiency and AGENCY: Federal Deposit Insurance efficiency loans to customers in any part renewable energy projects deliver their Corporation (FDIC). of their service territory in accordance primary energy savings in the out years ACTION: Interim final rule and request to 7 CFR part 1719. The Agency and are essentially break-even projects for comment. encourages applications that will in the first years. A debt amortization
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SUMMARY: In light of recent disruptions regulations/laws/federal, including any Reserve Bank of Boston (FRBB) to in economic conditions caused by the personal information provided. establish the MMLF pursuant to section coronavirus disease 2019 (COVID–19) FOR FURTHER INFORMATION CONTACT: 13(3) of the Federal Reserve Act.1 Under and strains in U.S. financial markets, Harrison E. Greene, Jr., Assistant Chief the MMLF, the FRBB is extending some insured depository institutions Accountant, (202) 898–8905, hgreene@ nonrecourse loans to eligible borrowers (IDIs) have experienced increases to fdic.gov; Shannon M. Beattie, Section to purchase assets from MMFs. Assets their consolidated total assets as a result Chief and Deputy Chief Accountant, purchased from MMFs are posted as of large cash inflows resulting from (202) 898–3952, [email protected]; John collateral to the FRBB. Eligible participation in the Paycheck Protection Rieger, Chief Accountant, (202) 898– borrowers under the MMLF include Program (PPP), the Money Market 3602, [email protected]; Mark G. IDIs. Eligible collateral under the MMLF Mutual Fund Liquidity Facility Flanigan, Senior Counsel, (202) 898– includes U.S. Treasuries and fully (MMLF), the Paycheck Protection 7426, [email protected]; Joyce M. guaranteed agency securities, securities Program Liquidity Facility (PPPLF), and Raidle, Counsel, (202) 898–6763, issued by government-sponsored the effects of other government stimulus [email protected]; and Merritt Pardini, enterprises, and certain types of efforts. Since these inflows may be Counsel, (202) 898–6680, mpardini@ commercial paper. The MMLF is temporary, but are significant and fdic.gov, Legal Division, Federal Deposit scheduled to terminate on December 31, unpredictable, the FDIC is issuing an Insurance Corporation, 550 17th Street 2020, unless extended by the Board of interim final rule (IFR) that will allow NW, Washington, DC 20429. For the Governors.2 IDIs to determine the applicability of hearing impaired only, Small businesses also face severe part 363 of the FDIC’s regulations, Telecommunication Device for the Deaf liquidity constraints and a collapse in Annual Independent Audits and (TDD), (800) 925–4618. revenue streams, as millions of Reporting Requirements, for fiscal years SUPPLEMENTARY INFORMATION: Americans were ordered to stay home, ending in 2021 based on the lesser of severely reducing their ability to engage their consolidated total assets as of Table of Contents in normal commerce. Many small December 31, 2019, or consolidated I. Background businesses were forced to close total assets as of the beginning of their A. Selected Government Responses Related temporarily or furlough employees. fiscal years ending 2021. to the Pandemic Continued access to financing will be Notwithstanding any temporary relief B. Section 36 of the Federal Deposit crucial for small businesses to weather provided by this IFR, an IDI would Insurance Act (FDI Act) and Part 363 of economic disruptions caused by the FDIC Regulations continue to be subject to any otherwise C. Effects of Government Response COVID–19 and, ultimately, to help applicable statutory and regulatory Programs on IDI Growth restore economic activity. audit and reporting requirements. The II. The Interim Final Rule In recognition of the exigent IFR also reserves the authority to require III. Expected Effects circumstances facing small businesses, an IDI to comply with one or more IV. Alternatives Considered Congress created the PPP as part of the requirements of part 363 if the FDIC V. Administrative Law Matters Coronavirus Aid, Relief, and Economic determines that asset growth was related A. Administrative Procedure Act Security Act (CARES Act).3 PPP loans B. Congressional Review Act to a merger or acquisition. C. Paperwork Reduction Act are fully guaranteed as to principal and DATES: The interim final rule is effective D. Regulatory Flexibility Act accrued interest by the Small Business October 23, 2020 through December 31, E. Riegle Community Development and Administration (SBA), the amount of 2021, unless extended by the FDIC. Regulatory Improvement Act of 1994 each being determined at the time the Comments on the interim final rule F. Use of Plain Language guarantee is exercised. As a general must be received no later than I. Background matter, SBA guarantees are backed by November 23, 2020. the full faith and credit of the U.S. A. Selected Government Responses Government. PPP loans also afford ADDRESSES: You may submit comments, Related to the Pandemic borrowers forgiveness up to the identified by RIN 3064–AF63, by any of Recent events have significantly and principal amount of the PPP loan if the the following methods: loan proceeds are used for certain • adversely impacted the global economy Agency Website: https:// and financial markets. The spread of eligible expenses. The SBA reimburses www.fdic.gov/regulations/laws/federal. COVID–19 has slowed economic PPP lenders for any amount of a PPP Follow instructions for submitting activity in many countries, including loan that is forgiven. PPP lenders are not comments on the Agency website. the United States. Sudden disruptions held liable for any representations made • Email: [email protected]. in financial markets placed increasing by PPP borrowers in connection with a Include ‘‘RIN 3064–AF63’’ on the liquidity pressure on money market borrower’s request for PPP loan subject line of the message. mutual funds (MMFs) and raised the forgiveness.4 On June 5, 2020, the • Mail: Robert E. Feldman, Executive cost of credit for most borrowers. MMFs Secretary, Attention: Comments/RIN faced redemption requests from clients 1 12 U.S.C. 343(3). 3064–AF63, Federal Deposit Insurance 2 See Federal Reserve Board announces an with immediate cash needs and extension through December 31 of its lending Corporation, 550 17th Street NW, potentially the need to sell a significant facilities that were scheduled to expire on or Washington, DC 20429. number of assets to meet these around September 30 (https:// • Hand Delivery/Courier: Comments redemption requests, which further www.federalreserve.gov/newsevents/pressreleases/ may be hand-delivered to the guard increased market pressures. In order to monetary20200728a.htm). 3 Public Law 116–136 (Mar. 27, 2020). station at the rear of the 550 17th Street prevent the disruption in the money 4 Under the PPP, eligible borrowers generally building (located on F Street) on markets from destabilizing the financial include businesses with fewer than 500 employees business days between 7 a.m. and 5 p.m. system, on March 18, 2020, the Board of or that are otherwise considered by the SBA to be All comments received must include the Governors of the Federal Reserve small, including individuals operating sole proprietorships or acting as independent agency name (FDIC) and RIN 3064- System (Board of Governors), with contractors, certain franchisees, nonprofit AF63, and will be posted without approval of the Secretary of the corporations, veterans’ organizations, and Tribal change to https://www.fdic.gov/ Treasury, authorized the Federal businesses. The loan amount under the PPP would
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Paycheck Protection Program Flexibility extensions of credit will be made under any fiscal year in which its consolidated Act of 2020 (PPP Flexibility Act) was the PPPLF after December 31, 2020, total assets as of the beginning of such signed into law, amending key unless extended by the Board of fiscal year are $500 million or more.13 provisions of the CARES Act, including Governors and the Department of the Additionally, an IDI with consolidated provisions related to loan maturity, Treasury. total assets of $1 billion or more as of deferral of loan payments, and loan The FDIC, Board of Governors, and the beginning of any fiscal year must forgiveness.5 Among other changes, the Comptroller of the Currency adopted provide management’s assessment of, amendments increase from two to five interim final rules on March 23, 2020, and the independent public years the maturity of PPP loans that are and April 13, 2020, respectively, to accountant’s report, on the effectiveness approved by the SBA on or after June 5, allow banking organizations to of internal control over financial 2020, and provide greater flexibility for neutralize the regulatory capital effects reporting (ICFR).14 borrowers to qualify for loan of purchasing assets under the MMLF Part 363 also includes requirements forgiveness. program and loans pledged to the related to audit committees based on In order to provide liquidity to small PPPLF.9 Consistent with Section 1102 of consolidated total assets. More business lenders and the broader credit the CARES Act, the April 2020 interim specifically, each IDI with consolidated markets, and to help stabilize the final rule also required banking total assets of $500 million or more but financial system, on April 8, 2020, the organizations to apply a zero percent less than $1 billion at the beginning of Board of Governors, with approval of risk weight to PPP loans originated by its fiscal year must establish an the Secretary of the Treasury, the banking organization under the PPP independent audit committee of its authorized each of the Federal Reserve for purposes of the banking board of directors, the members of Banks to extend credit under the PPPLF organization’s risk-based capital which must be outside directors, a pursuant to Section 13(3) of the Federal requirements. On June 26, 2020, the majority of whom must be independent Reserve Act.6 Under the PPPLF, the FDIC adopted a rule that mitigates the of management of the IDI.15 Each IDI Federal Reserve Banks are extending deposit insurance assessment effects of with consolidated total assets of $1 nonrecourse loans to institutions that participating in the PPP, PPPLF and billion or more at the beginning of its are eligible to make PPP loans, MMLF.10 Among other changes, the fiscal year must establish an including IDIs. Under the PPPLF, only final rule provides an offset to an IDI’s independent audit committee of its PPP loans that are guaranteed by the total assessment amount for the increase board of directors, the members of SBA with respect to both principal and in its assessment base attributable to which must be outside directors who interest and that are originated by an participation in the PPP and MMLF. are independent of management of the eligible institution may be pledged as The FDIC remains committed to IDI.16 Audit committees of IDIs with collateral to the Federal Reserve Banks considering additional, targeted consolidated total assets of $3 billion or (loans pledged to the PPPLF). The adjustments to mitigate to the greatest more as of the beginning of their fiscal maturity date of the extension of credit extent possible unintended year are required to include members under the PPPLF 7 equals the maturity consequences resulting from pandemic- with banking or related financial date of the PPP loans pledged to secure related stimulus actions. management expertise, have access to the extension of credit.8 No new their own outside counsel, and not B. Section 36 of the Federal Deposit include any large customers of the be limited to the lesser of $10 million and 250 Insurance Act (FDI Act) and Part 363 of institution.17 percent of a borrower’s average monthly payroll the FDIC Regulations The determination of whether an IDI costs. For more information on the Paycheck is subject to the annual independent Protection Program, see https://www.sba.gov/ Section 36 of the FDI Act (section 36) funding-programs/loans/coronavirus-relief-options/ was added by the Federal Deposit audit and reporting requirements of part paycheck-protection-program-ppp. Insurance Corporation Improvement Act 363, including certain additional 5 Public Law 116–142 (June 5, 2020). The SBA of 1991 and imposes annual audits and requirements based on asset size, is subsequently issued an interim final rule revising reporting requirements on IDIs that meet based on its consolidated total assets as the SBA’s interim final rule implementing sections 18 1102 and 1106 of the CARES Act temporarily certain asset thresholds.11 The purpose of the beginning of its fiscal year. For adding the Paycheck Protection Program to the of section 36 is to facilitate early example, an IDI whose fiscal year begins SBA’s 7(a) Loan Program published on April 15, identification of needed improvements on January 1, 2020, and ends on 2020. See 85 FR 20811 (Apr. 15, 2020) and 85 FR in financial management at IDIs. Section December 31, 2020, would determine 36308 (June 16, 2020). whether it met the base asset threshold 6 12 U.S.C. 343(3). On April 30, 2020, the facility 36 grants the FDIC discretion to set the was renamed the Paycheck Protection Program asset size threshold for compliance with for compliance with part 363 as well as Liquidity Facility, from Paycheck Protection these statutory requirements, but the other asset thresholds set forth in Program Lending Facility. See Periodic Report: part 363 based upon its consolidated Update on Outstanding Lending Facilities mandates a minimum threshold of $150 Authorized by the Board under Section 13(3) of the million in consolidated total assets. Part total assets of December 31, 2019. As Federal Reserve Act May 15, 2020, Board of 363 of the FDIC’s regulations another example, an IDI whose fiscal Governors of the Federal Reserve System (https:// implements section 36.12 Currently, an year begins on July 1, 2020, and ends on www.federalreserve.gov/publications/files/mlf- msnlf-mself-and-ppplf-5-15-20.pdf). IDI becomes subject to the annual 13 12 CFR 363.1(a). 7 The maturity date of the extension of credit independent audits and reporting 14 12 CFR 363.2(b)(3) and 12 CFR 363.3(b). under the PPPLF will be accelerated if the requirements of part 363 with respect to 15 underlying PPP loan goes into default and the 12 CFR 363.5(a)(2). eligible borrower sells the PPP Loan to the SBA to 16 12 CFR 363.5(a)(1). realize the SBA guarantee. The maturity date of the Changes; Paycheck Protection Program,’’ 85 FR 17 12 CFR 363.5(b). 20811, 20816 (Apr. 15, 2020) and 85 FR 36308 (June extension of credit under the PPPLF also will be 18 For measuring total assets, Guideline 1 to part 16, 2020). accelerated to the extent of any PPP loan 363 provides that an IDI should use the total assets 9 forgiveness reimbursement received by the eligible See 85 FR 16232 (Mar. 23, 2020) and 85 FR reported on its most recent Report of Condition borrower from the SBA. 20387 (Apr. 13, 2020). These rules were finalized (Call Report), the date of which coincides with the 8 Under the SBA’s interim final rule, a lender may on September 29, 2020. See https://www.fdic.gov/ end of its preceding fiscal year. If its fiscal year request that the SBA purchase the expected news/board/2020/2020-09-15-notice-sum-b-fr.pdf. ends on a date other than the end of a calendar forgiveness amount of a PPP loan or pool of PPP 10 See 85 FR 38282 (June 26, 2020). quarter, it should use the Call Report for the quarter loans at the end of the covered period. See Interim 11 12 U.S.C. 1831m. end immediately preceding the end of its fiscal Final Rule ‘‘Business Loan Program Temporary 12 12 CFR 363. year.
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June 30, 2021, would determine programs and similar impacts. The IFR FDIC has determined that such targeted whether it met the base asset threshold accomplishes this by allowing IDIs to and time-limited relief from application for compliance with part 363 as well as determine the applicability of part 363 of the part 363 requirements is the other asset thresholds set forth in of the FDIC’s regulations for fiscal years necessary and appropriate, in order to part 363 based upon its consolidated ending in 2021 based on the lesser of ease the compliance and expense total assets of June 30, 2020. the IDI’s (a) consolidated total assets as burden on such institutions during this of December 31, 2019, or (b) crucial period for the financial services C. Effects of Government Response consolidated total assets as of the industry. Programs on IDI Growth beginning of their fiscal years ending in Notwithstanding the temporary relief Participation in the PPP, PPPLF, or 2021. For example, an IDI with a fiscal provided by this IFR, IDIs remain MMLF programs, and effects of other year beginning July 1, 2020, and ending subject to any audit and reporting stimulus programs, have caused certain June 30, 2021, would normally requirements applicable under other IDIs to experience a temporary increase determine part 363 compliance laws and regulations. Also, the FDIC in their consolidated total assets and requirements as of its fiscal year ended reserves the authority to require an IDI thus become subject to part 363 based June 30, 2020. Under the IFR, an IDI to comply with one or more on certain asset size thresholds set forth experiencing growth would instead use requirements under part 363 if the FDIC within part 363. While some of these its consolidated total assets as of determines that asset growth was related IDIs may have reached these thresholds December 31, 2019, for purposes of to a merger or acquisition. Additionally, through organic growth or other means, determining its compliance staff notes that approximately 54 it is likely that others would not have requirements with part 363. In this percent of IDIs (IDIs with less than $500 reached these thresholds but for the example, if the IDI’s consolidated total million in consolidated total assets) that effects of the government programs and assets were less than $500 million as of are not subject to part 363 have audits other types of stimulus. For example, an December 31, 2019, it would not performed by independent public IDI that receives funding under the become subject to part 363 for its fiscal accountants.20 PPPLF would increase its consolidated year beginning July 1, 2020 and ending Sections 36(d) and (f) of the FDI Act total assets (equal to the amount of PPP June 30, 2021, even if its total obligate the FDIC to consult with the loans pledged to the Federal Reserve consolidated total assets were $500 other Federal banking agencies in Banks), and increase its liabilities by the million or more as of June 30, 2020. implementing these provisions of the same amount. An IDI that obtains Based on consolidated total assets as FDI Act, and the FDIC has performed additional funding, such as additional of December 31, 2019, and June 30, the required consultation. deposits or secured borrowings, to make 2020, this proposal would, as further III. Expected Effects PPP loans would increase its total discussed below, potentially apply to liabilities and consolidated total assets approximately 290 IDIs: Under part 363 of the FDIC’s by that amount of funding.19 Similarly, • 156 IDIs based on the number of regulations, each IDI with consolidated an IDI that participates in the MMLF IDIs that had consolidated total assets of total assets of $500 million or more as would increase its consolidated total $500 million or more as of December 31, of the beginning of a fiscal year must, assets by the amount of assets 2019, compared to the number of IDIs among other things, have its financial purchased from MMFs under the MMLF that had consolidated total assets of statements audited by an independent and increase its liabilities by the same $500 million or more as of June 30, public accountant, prepare a amount. Moreover, some institutions 2020; management report describing certain reported general, and likely temporary, • 107 IDIs based on the number of aspects of its internal control framework increases in deposits due to inflows IDIs that had consolidated total assets of and its compliance with laws and from PPP proceeds, deposits of funds $1 billion or more as of December 31, regulations, and have an audit made in connection with other CARES 2019, compared to the number of IDIs committee that oversees the work of the Act-related programs, and general shifts that had consolidated total assets of $1 independent public accountant. Part of liquid funds to safety. billion or more as of June 30, 2020; and 363 also contains a number of more Absent the regulatory relief proposed • 27 IDIs based on the number of IDIs detailed and specific requirements that in this IFR, some IDIs that participate in that had consolidated total assets of $3 are triggered at asset sizes of $1 billion these programs, or have otherwise been billion or more as of December 31, 2019, and $3 billion, regarding management affected by volatility in cash flows compared to the number of IDIs that had reporting, responsibilities of the related to the pandemic, will be forced consolidated total assets of $3 billion or independent public accountant, and the to incur additional compliance and more as of June 30, 2020. responsibilities and composition of the related expenses. These expenses The FDIC recognizes the benefits of audit committee. Part 363 also describes include engaging independent auditors, the part 363 requirements and that some the conditions under which these performing assessments of ICFR, IDIs may have experienced organic or requirements may be satisfied at the reviewing and filing reports, and other growth that would have resulted holding company level. modifying the makeup of their boards of in them reaching the thresholds Broadly speaking, by granting directors in order to comply with the regardless of the impacts of pandemic- temporary relief from the audit and requirements of part 363. related programs and associated effects. reporting requirements of part 363, the However, the FDIC is balancing the risk IFR is likely to support participation in II. The Interim Final Rule that some IDIs will not become subject the PPP, PPPLF, and MMLF programs Under the IFR, the FDIC seeks to to part 363 requirements based on their by IDIs, which could benefit customers negate the cost and burden effects of consolidated total assets as of their and U.S. economic activity. More potentially temporary asset growth actual fiscal year ends in 2020 with the specifically, the IFR does this by associated with pandemic-related operational simplicity of ‘‘freezing’’ the date to determine the applicability of 20 Call Report Data, March 31, 2020. The level of 19 An IDI that relies on existing funding, the regulation for all IDIs experiencing audit work performed on an institution is reported including deposits already at the institution, to in the March Call Report each year and can be make PPP loans would not increase its total growth based on their consolidated total found on line M.1 in the Memorandum to Schedule liabilities or total assets. assets as of December 31, 2019. The RC.
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determining the applicability of the consolidated total assets as of the likely to avoid costs associated with regulation for all IDIs based on the beginning of such fiscal year are $500 complying with this aspect of the rule. lesser of their (a) consolidated total million or more. As of December 31, Summary assets as of December 31, 2019, or (b) 2019, there were 5,177 IDIs, of which consolidated total assets as of the 1,453 IDIs were above the part 363 base The IFR would not affect compliance beginning of their fiscal years ending in threshold, which is $500 million or obligations for IDIs that are bound by 2021, in order to ameliorate potential more in consolidated total assets.21 As part 363 as of December 31, 2019. The increases in compliance costs for IDIs as of June 30, 2020, this number had number of entities that will avoid costs a result of their participation in the PPP, increased to 1,609 IDIs.22 Therefore, because of the IFR is likely to differ PPPLF, and MMLF. Under the IFR, IDIs assuming that the asset level as of June from the numbers suggested by this analysis because consolidated total asset that cross the $500 million, $1 billion, 30, 2020, would be representative of the levels are likely to continue to change or $3 billion asset thresholds just ‘‘beginning of the fiscal year’’ period throughout the remainder of calendar described during fiscal years ending in criteria for determining applicability of year 2020 and because compliance costs 2021 will avoid the costs of complying part 363 absent the IFR, 156 institutions with part 363 that they otherwise would are likely to depend in part on IDIs’ would be likely to avoid costs eligibility for part 363 compliance at the have incurred as a result of crossing associated with complying with this those thresholds. IDIs that already holding company level.27 It is difficult aspect of the rule. exceeded those thresholds at year-end to estimate regulatory compliance cost 2019, however, must continue to According to §§ 363.2(b)(3) and savings as a result of the IFR because comply with the associated part 363 363.3(b), IDIs with consolidated total such costs depend on the individual requirements. assets of $1 billion or more as of the characteristics of institutions, the extent The IFR thus will only affect those beginning of their fiscal year are of their current audit and reporting entities that cross one or more of the required to include an assessment by activities, and the extent to which they part 363 thresholds after year-end 2019, management of, and a report of the avail themselves of this temporary and while the temporary relief the IFR independent public accountant on, the reduction in compliance requirements, provides is in effect. It is difficult to effectiveness of internal control among other things. estimate how many IDIs will be directly structures and procedures in their part Finally, the FDIC believes that the affected by the IFR because the FDIC 363 annual report. As of December 31, temporary relief provided by the IFR is does not know how many banks with a 2019, 796 IDIs were above the unlikely to substantively affect the fiscal year ending after June 30 will consolidated total asset threshold of $1 safety and soundness of affected IDIs increase assets above one of the billion or more.23 As of June 30, 2020, because it only grants short-term thresholds in Part 363 between June 30 this number had increased to 903 IDIs.24 temporary relief and IDIs would and the end of the year. Nonetheless, Therefore, assuming that the asset level continue to be subject to any otherwise this rule is expected to relieve IDIs from as of June 30, 2020 would be applicable statutory and regulatory incurring additional expenses if they representative of the ‘‘beginning of the audit and reporting requirements. The experience an increase in consolidated fiscal year’’ period criteria for FDIC also maintains a number of other total asset levels that could cause the IDI determining the requirements of regulatory and supervisory tools to to become newly subject to certain part oversee the safety and soundness of §§ 363.2(b) and 363.3(b), absent the IFR, 363 requirements. IDIs. The following analysis utilizes 107 institutions would be likely to avoid Consolidated Reports of Condition and costs associated with complying with IV. Alternatives Considered Income (Call Report) data to assess this aspect of the rule. The FDIC has considered alternatives changes in consolidated total assets According to § 363.5(b), IDIs with to the rule, but believes the IFR between December 31, 2019, and June total assets of more than $3 billion as of represents the most appropriate option 30, 2020, for IDIs in order to identify the beginning of their fiscal year are for covered institutions. The FDIC IDIs that are likely to be directly affected required to have audit committee considered the status quo alternative of by the IFR. Specifically, the analysis members with banking or related maintaining part 363 in its current form, determines whether the change in financial management expertise, who but believes that the challenges for IDIs consolidated total assets for an IDI have access to their own outside associated with the COVID–19 between December 31, 2019, and June counsel, and are not large customers of pandemic, and costs to comply with the 30, 2020, might entail a change in the institution. As of December 31, rule for IDIs with temporary asset compliance requirements for part 363 2019, 315 IDIs were above the § 363.5(b) growth, necessitate targeted and time- absent the interim final rule, assuming consolidated total asset threshold of limited relief from the application of that the asset level at the end of the six- more than $3 billion.25 As of June 30, part 363 requirements. Finally, and as month period is representative of the 2020, this number had increased to 342 previously discussed, the temporary ‘‘beginning of the fiscal year’’ period IDIs.26 Therefore, assuming that the relief granted to certain IDIs by the IFR, criteria for determining applicability of asset level as of June 30, 2020, would be is unlikely to negatively affect the safety part 363, or its various elements. representative of the ‘‘beginning of the and soundness of IDIs. Therefore, the The various thresholds included in fiscal year’’ period criteria for FDIC believes it is appropriate to grant part 363 and the potential effects of the determining the audit committee IDIs this temporary relief. temporary freeze in IDIs’ total member requirements of § 363.5(b), V. Administrative Law Matters consolidated assets for determining absent the IFR, 27 institutions would be compliance with the regulation’s audit A. Administrative Procedure Act and reporting requirements are 21 Call Report Data, December 2019. The FDIC is issuing the interim final examined in the following section. 22 Call Report Data, June 2020. rule without prior notice and the 23 Threshold for Compliance With Part 363 Call Report Data, December 2019. 24 Call Report Data, June 2020. 27 Regulations regarding the compliance by Part 363 applies to any IDI with 25 Call Report Data, December 2019. subsidiaries of holding companies are set forth in respect to any fiscal year in which its 26 Call Report Data, June 2020. 12 CFR 363.1(b).
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opportunity for public comment and the Management and Budget (OMB), the D. Regulatory Flexibility Act delayed effective date ordinarily Congressional Review Act generally The Regulatory Flexibility Act prescribed by the Administrative provides that the rule may not take (RFA) 36 requires an agency to consider 28 Procedure Act (APA). effect until at least 60 days following its whether the rules it proposes will have Pursuant to section 553(b)(B) of the publication.33 The Congressional a significant economic impact on a APA, general notice and the opportunity Review Act defines a ‘‘major rule’’ as substantial number of small entities.37 for public comment are not required any rule that the Administrator of the The RFA applies only to rules for which with respect to a rulemaking when an Office of Information and Regulatory an agency publishes a general notice of ‘‘agency for good cause finds (and Affairs of the OMB finds has resulted in proposed rulemaking pursuant to 5 incorporates the finding and a brief or is likely to result in (A) an annual U.S.C. 553(b). As discussed previously, statement of reasons therefor in the effect on the economy of $100,000,000 consistent with section 553(b)(B) of the rules issued) that notice and public or more; (B) a major increase in costs or APA, the FDIC has determined for good procedure thereon are impracticable, cause that general notice and unnecessary, or contrary to the public prices for consumers, individual industries, Federal, State, or local opportunity for public comment is interest.’’ 29 The FDIC believes that the unnecessary, and therefore the FDIC is public interest is best served by government agencies or geographic regions, or (C) significant adverse effects not issuing a notice of proposed implementing the interim final rule rulemaking. Accordingly, the RFA’s on competition, employment, immediately upon publication in the requirements relating to initial and final investment, productivity, innovation, or Federal Register. regulatory flexibility analysis do not As discussed above, the spread of on the ability of United States–based apply. Nevertheless, the FDIC seeks COVID–19 has slowed economic enterprises to compete with foreign- comment on whether, and the extent to activity in many countries, including based enterprises in domestic and which, the interim final rule would the United States. Specifically, the export markets.34 For the same reasons affect a significant number of small disruptions in financial markets have set forth above, the FDIC is adopting the entities. caused depository institutions to receive interim final rule without the delayed inflows of deposits—contributing to the effective date generally prescribed E. Riegle Community Development and increase of deposits at Federal Reserve under the Congressional Review Act. Regulatory Improvement Act of 1994 Banks—and to hold significant amounts The delayed effective date required by Pursuant to section 302(a) of the of Treasuries. Because the interim final the Congressional Review Act does not Riegle Community Development and rule will mitigate a potential additional apply to any rule for which an agency Regulatory Improvement Act compliance burden and expense for for good cause finds (and incorporates (RCDRIA),38 in determining the effective financial institutions participating in the finding and a brief statement of date and administrative compliance Federal government programs intended reasons therefor in the rule issued) that requirements for new regulations that to ease financial disruptions, the FDIC notice and public procedure thereon are impose additional reporting, disclosure, finds there is good cause consistent with impracticable, unnecessary, or contrary or other requirements on IDIs, each Federal banking agency must consider, the public interest to issue the rule to the public interest.35 In light of consistent with the principle of safety without advance notice and comment. current market uncertainty and the need The APA also requires a 30-day and soundness and the public interest, for IDIs to prepare an audit plan in delayed effective date, except for (1) any administrative burdens that such advance of the beginning of their fiscal substantive rules, which grant or regulations would place on depository recognize an exemption or relieve a years, the FDIC believes that delaying institutions, including small depository restriction; (2) interpretative rules and the effective date would be contrary to institutions, and customers of statements of policy; or (3) as otherwise the public interest. As required by the depository institutions, as well as the provided by the agency for good Congressional Review Act, the FDIC benefits of such regulations. In addition, cause.30 Because the interim final rule will submit the final rule and other section 302(b) of RCDRIA requires new will provide a temporary exemption and appropriate reports to Congress and the regulations and amendments to relief to affected IDI, the interim final Government Accountability Office for regulations that impose additional rule is exempt from the APA’s delayed review. reporting, disclosures, or other new 31 effective date requirement. While the C. Paperwork Reduction Act requirements on IDIs generally to take FDIC believes that there is good cause effect on the first day of a calendar to issue this interim final rule without In accordance with the requirements quarter that begins on or after the date advance notice and comment and with of the Paperwork Reduction Act of 1995 on which the regulations are published an immediate effective date, the FDIC is (PRA), the FDIC may not conduct or in final form, with certain exceptions, interested in the views of the public and sponsor, and a respondent is not including for good cause.39 request comment on all aspects of the required to respond to, an information For the reasons described above, the interim final rule. collection unless it displays a currently FDIC finds that good cause exists under section 302 of RCDRIA to publish this B. Congressional Review Act valid Office of Management and Budget (OMB) control number. The FDIC has interim final rule with an immediate For purposes of Congressional Review reviewed this interim final rule and effective date. As such, the final rule Act, the OMB makes a determination as determined that it would not introduce to whether a final rule constitutes a 36 5 U.S.C. 601 et seq. any new or revise any collection of ‘‘major’’ rule.32 If a rule is deemed a 37 Under regulations issued by the Small Business ‘‘major rule’’ by the Office of information pursuant to the PRA. Administration, a small entity includes a depository Therefore, no submissions will be made institution, bank holding company, or savings and to OMB for review. loan holding company with total assets of $600 28 5 U.S.C. 553. million or less and trust companies with total 29 5 U.S.C. 553(b)(B). average annual receipts of $41.5 million or less. See 30 5 U.S.C. 553(d). 33 5 U.S.C. 801(a)(3). 13 CFR 121.201. 31 5 U.S.C. 553(d)(1). 34 5 U.S.C. 804(2). 38 12 U.S.C. 4802(a). 32 5 U.S.C. 801 et seq. 35 5 U.S.C. 808. 39 12 U.S.C. 4802.
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will be effective immediately upon this part, with respect to any fiscal year applicable airworthiness regulations do publication in the Federal Register. ending in 2021, an insured depository not contain adequate or appropriate Nevertheless, the FDIC seeks comment institution’s consolidated total assets safety standards for this design feature. on RCDRIA. shall be determined based on the lesser These special conditions contain the of (a) an insured depository institution’s additional safety standards that the F. Use of Plain Language consolidated total assets as of December Administrator considers necessary to Section 722 of the Gramm-Leach 31, 2019, or (b) an insured depository establish a level of safety equivalent to Bliley Act 40 requires the Federal institution’s consolidated total assets as that established by the existing banking agencies to use plain language of the beginning of its fiscal year ending airworthiness standards. in all proposed and final rules in 2021. The requirements specified in DATES: This action is effective on published after January 1, 2000. The this part are in addition to any other Archeion on October 23, 2020. Send FDIC has sought to present the interim statutory and regulatory requirements comments on or before December 7, final rule in a simple and otherwise applicable to an insured 2020. straightforward manner. The FDIC depository institution. ADDRESSES: Send comments identified invites comments on whether there are (2) Until December 31, 2021, the FDIC by Docket No. FAA–2020–0934 using additional steps it could take to make reserves the authority to require an any of the following methods: the rule easier to understand. For insured depository institution to comply • Federal eRegulations Portal: Go to example: with one or more requirements under http://www.regulations.gov/ and follow • Has the FDIC organized the material this part if the FDIC determines that the online instructions for sending your to suit your needs? If not, how could asset growth was related to a merger or comments electronically. this material be better organized? acquisition. • • Mail: Send comments to Docket Are the requirements in the * * * * * regulation clearly stated? If not, how Operations, M–30, U.S. Department of could the regulation be more clearly Federal Deposit Insurance Corporation. Transportation (DOT), 1200 New Jersey stated? By order of the Board of Directors. Avenue SE, Room W12–140, West • Does the regulation contain Dated at Washington, DC, on October 20, Building Ground Floor, Washington, DC 2020. 20590–0001. language or jargon that is not clear? If • so, which language requires James P. Sheesley, Hand Delivery or Courier: Take comments to Docket Operations in clarification? Assistant Executive Secretary. • Would a different format (grouping Room W12–140 of the West Building [FR Doc. 2020–23630 Filed 10–21–20; 4:15 pm] Ground Floor at 1200 New Jersey and order of sections, use of headings, BILLING CODE 6714–01–P paragraphing) make the regulation Avenue SE, Washington, DC, between 9 easier to understand? If so, what a.m. and 5 p.m., Monday through Friday, except Federal holidays. changes to the format would make the DEPARTMENT OF TRANSPORTATION • regulation easier to understand? What Fax: Fax comments to Docket else could we do to make the regulation Operations at 202–493–2251. Federal Aviation Administration Privacy: The FAA will post all easier to understand? comments it receives, without change, List of Subjects in 12 CFR Part 363 14 CFR Part 25 to http://www.regulations.gov/, Accounting, Administrative practice [Docket No. FAA–2020–0934; Special including any personal information the and procedure, Banks, banking, Conditions No. 25–775–SC] commenter provides. Using the search function of the docket website, anyone Reporting and recordkeeping Special Conditions: Archeion requirements. can find and read the electronic form of Holdings, LLC, Boeing Model No. 737– all comments received into any FAA Authority and Issuance 300, –400, –700, –800, –8, and –9 Series docket, including the name of the For the reasons stated in the Airplanes; Electronic-System Security individual sending the comment (or preamble, the FDIC amends part 363 of Protection From Unauthorized External signing the comment for an association, chapter 1 of title 12, Code of Federal Access business, labor union, etc.). DOT’s Regulations, as follows: AGENCY: Federal Aviation complete Privacy Act Statement can be Administration (FAA), DOT. found in the Federal Register published PART 363—ANNUAL INDEPENDENT on April 11, 2000 (65 FR 19477–19478). ACTION: Final special conditions; request AUDITS AND REPORTING Docket: Background documents or for comments. REQUIREMENTS comments received may be read at SUMMARY: These special conditions are http://www.regulations.gov/ at any time. ■ 1. The authority citation for part 363 issued for Boeing Model 737–300, –400, Follow the online instructions for is revised to read as follows: –700, –800, –8, and –9 series airplanes. accessing the docket or go to Docket Authority: 12 U.S.C. 1819, 1831m. These airplanes, as modified by Operations in Room W12–140 of the ■ 2. Revise § 363.1(a) to read as follows: Archeion Holdings, LLC (Archeion), West Building Ground Floor at 1200 will have a novel or unusual design New Jersey Avenue SE, Washington, § 363.1 Scope and definitions. feature when compared to the state of DC, between 9 a.m. and 5 p.m., Monday (a) Applicability. (1) This part applies technology envisioned in the through Friday, except Federal holidays. to any insured depository institution airworthiness standards for transport- FOR FURTHER INFORMATION CONTACT: with respect to any fiscal year in which category airplanes. This design feature Varun Khanna, Airplane and Flight its consolidated total assets as of the is a digital systems architecture for the Crew Interface Section, AIR–671, beginning of such fiscal year are $500 installation of a system with wireless Transport Standards Branch, Policy and million or more. Notwithstanding the network and hosted application Innovation Division, Aircraft foregoing and for all requirements in functionality that allows access from Certification Service, Federal Aviation external sources to the airplane’s Administration, 2200 South 216th 40 12 U.S.C. 4809. internal electronic components. The Street, Des Moines, Washington 98198;
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telephone and fax 206–231–3159; email Special conditions are initially worms, user errors, and intentional [email protected]. applicable to the model for which they sabotage of airplane electronic assets SUPPLEMENTARY INFORMATION: The are issued. Should the applicant apply (networks, systems, and databases) substance of these special conditions for a supplemental type certificate to critical to the safety and maintenance of has been published in the Federal modify any other model included on the the airplane. Register for public comment in several same type certificate to incorporate the The existing FAA regulations did not prior instances with no substantive same novel or unusual design feature, anticipate these networked airplane comments received. Therefore, the FAA these special conditions would also system architectures. Furthermore, these finds, pursuant to 14 CFR 11.38(b), that apply to the other model under § 21.101. regulations and the current guidance new comments are unlikely, and notice In addition to the applicable material do not address potential and comment prior to this publication airworthiness regulations and special security vulnerabilities, which could be are unnecessary. conditions, the Boeing Model 737 series exploited by unauthorized access to airplane must comply with the fuel-vent airplane networks, data buses, and Comments Invited and exhaust-emission requirements of servers. Therefore, these special The FAA invites interested people to 14 CFR part 34, and the noise- conditions ensure that the security (i.e., take part in this rulemaking by sending certification requirements of 14 CFR confidentiality, integrity, and written comments, data, or views. The part 36. availability) of airplane systems will not most helpful comments reference a The FAA issues special conditions, as be compromised by unauthorized wired specific portion of the special defined in 14 CFR 11.19, in accordance or wireless electronic connections. This conditions, explain the reason for any with § 11.38, and they become part of includes ensuring that the security of recommended change, and include the type certification basis under the airplane’s systems is not supporting data. § 21.101. compromised during maintenance of the The FAA will consider all comments Novel or Unusual Design Feature airplane’s electronic systems. These received by the closing date for special conditions also require the The Boeing Model 737–300, –400, comments. The FAA may change these applicant to provide appropriate –700, –800, –8, and –9 series airplanes special conditions based on the instructions to the operator to maintain will incorporate the following novel or comments received. all electronic-system safeguards that unusual design feature: have been implemented as part of the Background A digital systems architecture for the original network design so that this installation of a system with wireless On March 25, 2020, Archeion applied feature does not allow or reintroduce network and hosted application for a change to Type Certificate No. security threats. functionality that allows access from A16WE for the installation of an These special conditions contain the external sources to the airplane’s Avionica avWiFi system with wireless additional safety standards that the internal electronic components. network and hosted application Administrator considers necessary to functionality in Boeing Model 737–300, Discussion establish a level of safety equivalent to –400, –700, –800, –8, and –9 series The digital systems architecture for that established by the existing airplanes. These airplanes, which are the installation of an Avionica avWiFi airworthiness standards. currently approved under Type system with wireless network and Applicability Certificate No. A16WE, are twin-engine, hosted application functionality on transport-category airplanes, with a these Boeing model 737 airplanes is a As discussed above, these special maximum takeoff weight between novel or unusual design feature for conditions are applicable to Boeing 138,500 and 194,690 pounds, and a transport-category airplanes because it Model 737–300, –400, –700, –800, –8, maximum passenger capacity of 220 is composed of several connected and –9 series airplanes as modified by passengers. networks. This proposed network Archeion. Should Archeion apply at a later date for a supplemental type Type Certification Basis architecture is used for a diverse set of airplane functions, including: certificate to modify any other model Under the provisions of title 14, Code • Flight-safety related control and included on Type Certificate No. of Federal Regulations (14 CFR) 21.101, navigation systems A16WE to incorporate the same novel or Archeion must show that the Boeing • airline business and administrative unusual design feature, these special Model 737–300, –400, –700, –800, –8, support conditions would apply to that model as and –9 series airplanes, as changed, • passenger entertainment, and well. continue to meet the applicable • access by systems external to the Conclusion provisions of the regulations listed in airplane. Type Certificate No. A16WE, or the The airplane-control domain and This action affects only a certain applicable regulations in effect on the airline information-services domain of novel or unusual design feature on date of application for the change, these networks perform functions Boeing Model 737–300, –400, –700, except for earlier amendments as agreed required for the safe operation and –800, –8, and –9 series airplanes as upon by the FAA. maintenance of the airplane. Previously, modified by Archeion. It is not a rule of If the Administrator finds that the these domains had very limited general applicability and affects only applicable airworthiness regulations connectivity with external network the applicant. (e.g., 14 CFR part 25) do not contain sources. This network architecture List of Subjects in 14 CFR Part 25 adequate or appropriate safety standards creates a potential for unauthorized for the Boeing Model 737–300, –400, persons to access the airplane-control Aircraft, Aviation safety, Reporting –700, –800, –8, and –9 series airplanes domain and airline information-services and recordkeeping requirements. because of a novel or unusual design domain from sources external to the Authority Citation feature, special conditions are airplane, and presents security prescribed under the provisions of vulnerabilities related to the The authority citation for these § 21.16. introduction of computer viruses and special conditions is as follows:
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Authority: 49 U.S.C. 106(f), 106(g), 40113, These airplanes, as modified by Operations in Room W12–140 of the 44701, 44702, 44704. Archeion Holdings, LLC (Archeion), West Building Ground Floor at 1200 The Special Conditions will have a novel or unusual design New Jersey Avenue SE, Washington, feature when compared to the state of DC, between 9 a.m. and 5 p.m., Monday Accordingly, pursuant to the technology envisioned in the through Friday, except Federal holidays. authority delegated to me by the airworthiness standards for transport FOR FURTHER INFORMATION CONTACT: Administrator, the following special category airplanes. This design feature Varun Khanna, Airplane and Flight conditions are issued as part of the type is a digital systems architecture for the certification basis for Boeing Model Crew Interface Section, AIR–671, installation of a system with wireless Transport Standards Branch, Policy and 737–300, –400, –700, –800, –8, and –9 network and hosted application series airplanes as modified by Innovation Division, Aircraft functionality that allows access, from Certification Service, Federal Aviation Archeion Holdings, LLC, for airplane sources internal to the airplane, to the electronic-system security protection Administration, 2200 South 216th airplane’s internal electronic Street, Des Moines, Washington 98198; from unauthorized external access. components. The applicable 1. The applicant must ensure airplane telephone and fax 206–231–3159; email airworthiness regulations do not contain [email protected]. electronic-system security protection adequate or appropriate safety standards from access by unauthorized sources SUPPLEMENTARY INFORMATION: The for this design feature. These special substance of these special conditions external to the airplane, including those conditions contain the additional safety possibly caused by maintenance has been published in the Federal standards that the Administrator Register for public comment in several activity. considers necessary to establish a level 2. The applicant must ensure that prior instances with no substantive of safety equivalent to that established comments received. Therefore, the FAA electronic-system security threats are by the existing airworthiness standards. identified and assessed, and that finds, pursuant to 14 CFR 11.38(b), that DATES: This action is effective on effective electronic-system security new comments are unlikely and public Archeion on October 23, 2020. Send protection strategies are implemented to notice and comment prior to this comments on or before December 7, protect the airplane from all adverse publication are unnecessary. 2020. impacts on safety, functionality, and Comments Invited continued airworthiness. ADDRESSES: Send comments identified 3. The applicant must establish by Docket No. FAA–2020–0933 using The FAA invites interested people to appropriate procedures to allow the any of the following methods: take part in this rulemaking by sending operator to ensure that continued • Federal eRegulations Portal: Go to written comments, data, or views. The airworthiness of the airplane is http://www.regulations.gov/ and follow most helpful comments reference a maintained, including all post-type- the online instructions for sending your specific portion of the special certification modifications that may comments electronically. conditions, explain the reason for any have an impact on the approved • Mail: Send comments to Docket recommended change, and include electronic-system security safeguards. Operations, M–30, U.S. Department of supporting data. Transportation (DOT), 1200 New Jersey The FAA will consider all comments Issued in Des Moines, Washington, on October 5, 2020. Avenue SE, Room W12–140, West received by the closing date for Building Ground Floor, Washington, DC comments. The FAA may change these James E. Wilborn, 20590–0001. special conditions based on the Acting Manager, Transport Standards • Hand Delivery or Courier: Take comments received. Branch, Policy and Innovation Division, comments to Docket Operations in Aircraft Certification Service. Background Room W12–140 of the West Building [FR Doc. 2020–22356 Filed 10–22–20; 8:45 am] Ground Floor at 1200 New Jersey On March 25, 2020, Archeion applied BILLING CODE 4910–13–P Avenue SE, Washington, DC, between 9 for a change to Type Certificate No. a.m. and 5 p.m., Monday through A16WE for the installation of an Avionica avWIFI system with wireless DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. • Fax: Fax comments to Docket network and hosted application Federal Aviation Administration Operations at 202–493–2251. functionality in Boeing Model 737–300, Privacy: The FAA will post all –400, –700, –800, –8, and –9 series 14 CFR Part 25 comments it receives, without change, airplanes. These airplanes, currently to http://www.regulations.gov/, approved under Type Certificate No. [Docket No. FAA–2020–0933; Special including any personal information the A16WE, are twin-engine, transport Conditions No. 25–774–SC] commenter provides. Using the search category airplanes, with a maximum function of the docket website, anyone Special Conditions: Archeion takeoff weight between 138,500 and can find and read the electronic form of Holdings, LLC, Boeing Model No. 737– 194,690 pounds, and a maximum all comments received into any FAA 300, –400, –700, –800, –8, and –9 Series passenger capacity of 220 persons. docket, including the name of the Airplanes; Electronic-System Security Type Certification Basis individual sending the comment (or Protection From Unauthorized Internal signing the comment for an association, Under the provisions of title 14, Code Access business, labor union, etc.). DOT’s of Federal Regulations (14 CFR) 21.101, AGENCY: Federal Aviation complete Privacy Act Statement can be Archeion must show that the Boeing Administration (FAA), DOT. found in the Federal Register published Model 737–300, –400, –700, –800, –8, ACTION: Final special conditions; request on April 11, 2000 (65 FR 19477–19478). and –9 series airplanes, as changed, for comments. Docket: Background documents or continue to meet the applicable comments received may be read at provisions of the regulations listed in SUMMARY: These special conditions are http://www.regulations.gov/ at any time. Type Certificate No. A16WE or the issued for Boeing Model 737–300, –400, Follow the online instructions for applicable regulations in effect on the –700, –800, –8, and –9 series airplanes. accessing the docket or go to Docket date of application for the change,
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except for earlier amendments as agreed maintenance of the airplane. Previously, List of Subjects in 14 CFR Part 25 upon by the FAA. these domains had very limited Aircraft, Aviation safety, Reporting If the Administrator finds that the connectivity with other network and recordkeeping requirements. applicable airworthiness regulations sources. This network architecture (e.g., 14 CFR part 25) do not contain creates a potential for unauthorized Authority Citation adequate or appropriate safety standards persons to access the aircraft control The authority citation for these for the Boeing Model 7737–300, –400, domain and airline information-services special conditions is as follows: –700, –800, –8, and –9 series airplanes domain from sources internal to the because of a novel or unusual design Authority: 49 U.S.C. 106(f), 106(g), 40113, airplane, and presents security 44701, 44702, 44704. feature, special conditions are vulnerabilities related to the prescribed under the provisions of introduction of computer viruses and The Special Conditions § 21.16. worms, user errors, and intentional Accordingly, pursuant to the Special conditions are initially sabotage of airplane electronic assets authority delegated to me by the applicable to the model for which they (networks, systems, and databases) Administrator, the following special are issued. Should the applicant apply critical to the safety and maintenance of conditions are issued as part of the type for a supplemental type certificate to the airplane. certification basis for Boeing Model modify any other model included on the 737–300, –400, –700, –800, –8, and –9 same type certificate to incorporate the The existing FAA regulations did not series airplanes, as modified by same novel or unusual design feature, anticipate these networked airplane Archeion Holdings, LLC, for airplane these special conditions would also system architectures. Furthermore, these electronic-system security protection apply to the other model under § 21.101. regulations and the current guidance In addition to the applicable material do not address potential from unauthorized internal access. airworthiness regulations and special security vulnerabilities, which could be 1. The applicant must ensure that the conditions, the Boeing Model 737 series exploited by unauthorized access to design provides isolation from, or airplane must comply with the fuel vent airplane networks, data buses, and airplane electronic-system security and exhaust emission requirements of servers. Therefore, these special protection against, access by 14 CFR part 34 and the noise conditions ensure that the security (i.e., unauthorized sources internal to the certification requirements of 14 CFR confidentiality, integrity, and airplane. The design must prevent part 36. availability) of airplane systems will not inadvertent and malicious changes to, The FAA issues special conditions, as be compromised by unauthorized wired and all adverse impacts upon, airplane equipment, systems, networks, or other defined in 14 CFR 11.19, in accordance or wireless electronic connections from assets required for safe flight and with § 11.38, and they become part of within the airplane. These special operations. the type certification basis under conditions also require the applicant to 2. The applicant must establish § 21.101. provide appropriate instructions to the appropriate procedures to allow the operator to maintain all electronic- Novel or Unusual Design Feature operator to ensure that continued system safeguards that have been The Boeing Model 737–300, –400, airworthiness of the aircraft is implemented as part of the original maintained, including all post type –700, –800, –8, and –9 series airplanes network design so that this feature does will incorporate the following novel or certification modifications that may not allow or reintroduce security have an impact on the approved unusual design feature: threats. A digital systems architecture for the electronic-system security safeguards. installation of a system with wireless These special conditions contain the Issued in Des Moines, Washington, on network and hosted application additional safety standards that the October 5, 2020. functionality that allows access, from Administrator considers necessary to James E. Wilborn, sources internal to the airplane, to the establish a level of safety equivalent to Acting Manager, Transport Standards airplane’s internal electronic that established by the existing Branch, Policy and Innovation Division, components. airworthiness standards. Aircraft Certification Service. Discussion Applicability [FR Doc. 2020–22357 Filed 10–22–20; 8:45 am] BILLING CODE 4910–13–P The digital systems architecture for As discussed above, these special the installation of an Avionica avWiFi conditions are applicable to Boeing system with wireless network and Model 737–300, –400, –700, –800, –8, DEPARTMENT OF TRANSPORTATION hosted application functionality on and –9 series airplanes. Should these Boeing Model 737 airplanes is a Archeion apply at a later date for a Federal Aviation Administration novel or unusual design feature for supplemental type certificate to modify transport category airplanes because it is any other model included on Type 14 CFR Part 25 composed of several connected Certificate No. A16WE to incorporate networks. This proposed network [Docket No. FAA–2020–0927; Special the same novel or unusual design Conditions No. 25–776–SC] architecture is used for a diverse set of feature, these special conditions would airplane functions, including: apply to that model as well. Special Conditions: Chicago Jet • Flight-safety related control and Group, Dassault Aviation Model Falcon navigation systems, Conclusion 900 Airplane; Rechargeable Lithium • airline business and administrative Batteries support, and This action affects only a certain • passenger entertainment. novel or unusual design feature on AGENCY: Federal Aviation The airplane control domain and Boeing Model 737–300, –400, –700, Administration (FAA), DOT. airline information-services domain of –800, –8, and –9 series airplanes. It is ACTION: Final special conditions; request these networks perform functions not a rule of general applicability and for comments. required for the safe operation and affects only the applicant.
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SUMMARY: These special conditions are West Building Ground Floor at 1200 If the Administrator finds that the issued for the Dassault Aviation New Jersey Avenue SE, Washington, applicable airworthiness regulations (Dassault) Model Falcon 900 airplane. DC, between 9 a.m. and 5 p.m., Monday (e.g., 14 CFR part 25) do not contain This airplane, as modified by Chicago through Friday, except Federal holidays. adequate or appropriate safety standards Jet Group, will have a novel or unusual FOR FURTHER INFORMATION CONTACT: for the Dassault Model Falcon 900 design feature when compared to the Nazih Khaouly, Airplane & Flight Crew airplane because of a novel or unusual state of technology envisioned in the Interface Section, AIR–671, Transport design feature, special conditions are airworthiness standards for transport Standards Branch, Policy and prescribed under the provisions of category airplanes. This design feature Innovation Division, Aircraft § 21.16. is Midcontinent Instrument TS835 Certification Service, Federal Aviation Special conditions are initially Standby Batteries that contain Administration, 2200 South 216th applicable to the model for which they rechargeable lithium batteries. The Street, Des Moines, Washington 98198; are issued. Should the applicant apply applicable airworthiness regulations do telephone and fax 206–231–3160; email for a supplemental type certificate to not contain adequate or appropriate [email protected]. modify any other model included on the safety standards for this design feature. same type certificate to incorporate the SUPPLEMENTARY INFORMATION: The same novel or unusual design feature, These special conditions contain the substance of these special conditions these special conditions would also additional safety standards that the has been published in the Federal apply to the other model under § 21.101. Administrator considers necessary to Register for public comment in several establish a level of safety equivalent to In addition to the applicable prior instances with no substantive airworthiness regulations and special that established by the existing comments received. Therefore, the FAA airworthiness standards. conditions, the Dassault Model Falcon has determined that prior public notice 900 airplane must comply with the fuel DATES: This action is effective on and comment are unnecessary, and Chicago Jet Group on October 23, 2020. vent and exhaust emission requirements finds that, for the same reason, good of 14 CFR part 34, and the noise Send comments on or before December cause exists for adopting these special 7, 2020. certification requirements of 14 CFR conditions upon publication in the part 36. ADDRESSES: Send comments identified Federal Register. The FAA issues special conditions, as by Docket No. FAA–2020–0927 using defined in 14 CFR 11.19, in accordance any of the following methods: Comments Invited • with § 11.38, and they become part of Federal eRegulations Portal: Go to The FAA invites interested people to the type certification basis under http://www.regulations.gov/ and follow take part in this rulemaking by sending § 21.101. the online instructions for sending your written comments, data, or views. The comments electronically. most helpful comments reference a Novel or Unusual Design Features • Mail: Send comments to Docket specific portion of the special The Dassault Model Falcon 900 Operations, M–30, U.S. Department of conditions, explain the reason for any airplane will incorporate the following Transportation (DOT), 1200 New Jersey recommended change, and include novel or unusual design features: Avenue SE, Room W12–140, West supporting data. Midcontinent Instrument TS835 Building Ground Floor, Washington, DC The FAA will consider all comments Standby Batteries that contain 20590–0001. received by the closing date for rechargeable lithium batteries. • Hand Delivery or Courier: Take comments. The FAA may change these comments to Docket Operations in special conditions based on the Discussion Room W12–140 of the West Building comments received. Rechargeable lithium batteries are Ground Floor at 1200 New Jersey considered to be a novel or unusual Background Avenue SE, Washington, DC, between 9 design feature in transport category a.m. and 5 p.m., Monday through On April 27, 2020, Chicago Jet Group airplanes, with respect to the Friday, except Federal holidays. applied for a supplemental type requirements in § 25.1353. This type of • Fax: Fax comments to Docket certificate to install, in the Dassault battery has certain failure, operational, Operations at 202–493–2251. Model Falcon 900 airplane, and maintenance characteristics that Privacy: The FAA will post all Midcontinent Instrument TS835 differ significantly from those of the comments it receives, without change, Standby Batteries that contain nickel-cadmium and lead-acid to http://www.regulations.gov/, rechargeable lithium batteries. The rechargeable batteries currently including any personal information the Dassault Model Falcon 900 airplane is a approved for installation on transport commenter provides. Using the search three-engine, transport category category airplanes. These batteries function of the docket website, anyone business jet, with capacity for 19 introduce higher energy levels into can find and read the electronic form of passengers, and a maximum takeoff airplane systems through new chemical all comments received into any FAA weight of 45,500 lbs. compositions in various battery-cell docket, including the name of the sizes and construction. Interconnection Type Certification Basis individual sending the comment (or of these cells in battery packs introduces signing the comment for an association, Under the provisions of title 14, Code failure modes that require unique design business, labor union, etc.). DOT’s of Federal Regulations (14 CFR) 21.101, considerations, such as provisions for complete Privacy Act Statement can be Chicago Jet Group must show that the thermal management. found in the Federal Register published Dassault Model Falcon 900 airplane, as Known uses of rechargeable and non- on April 11, 2000 (65 FR 19477–19478). changed, continues to meet the rechargeable lithium batteries on Docket: Background documents or applicable provisions of the regulations airplanes include: comments received may be read at listed in Type Certificate No. A46EU or • Flightdeck and avionics systems http://www.regulations.gov/ at any time. the applicable regulations in effect on such as displays, global positioning Follow the online instructions for the date of application for the change, systems, cockpit voice recorders, flight accessing the docket or go to Docket except for earlier amendments as agreed data recorders, underwater-locator- Operations in Room W12–140 of the upon by the FAA. beacons, navigation computers,
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integrated avionics computers, satellite special conditions 5 and 6 may be the In lieu of § 25.1353(b)(1) through network/communication systems, same, but they are independent (b)(4) at amendment 25–123 or communication management units, and requirements addressing different § 25.1353(c)(1) through (c)(4) at earlier remote monitor electronic line hazards. Special Condition 5 addresses amendments, each rechargeable lithium replaceable units; corrosive fluids and gases, whereas battery installation must: • Cabin safety, entertainment and special condition 6 addresses heat. 1. Be designed to maintain safe cell communications equipment including Special Condition 9 requires temperatures and pressures under all emergency locator transmitters, life rechargeable lithium batteries to have foreseeable operating conditions to rafts, escape slides, seat belt air bags, ‘‘automatic’’ means, for charge rate and prevent fire and explosion. cabin management systems, Ethernet disconnect, due to the fast-acting nature switches, routers and media servers, of lithium battery chemical reactions. 2. Be designed to prevent the wireless systems, internet/in-flight Manual intervention would not be occurrence of self-sustaining, entertainment systems, satellite timely or effective in mitigating the uncontrollable increases in temperature televisions, remotes and handsets; and hazards associated with these batteries. or pressure, and automatically control • Systems in cargo areas including These special conditions apply to all the charge rate of each cell to protect door controls, sensors, video rechargeable lithium battery against adverse operating conditions, surveillance equipment and security installations in lieu of § 25.1353(b)(1) such as cell imbalance, back charging, systems. through (4) at Amendment 25–123 or overcharging and overheating. Special Condition 1 requires that each § 25.1353(c)(1) through (4) at earlier 3. Not emit explosive or toxic gases, individual cell within a battery be amendments. Those regulations remain either in normal operation or as a result designed to maintain safe temperatures in effect for other battery installations. of its failure, that may accumulate in and pressures. Special Condition 2 These special conditions contain the hazardous quantities within the addresses these same issues but for the additional safety standards that the airplane. entire battery. Special Condition 2 Administrator considers necessary to 4. Meet the requirements of § 25.863. requires that the battery be designed to establish a level of safety equivalent to prevent propagation of a thermal event, that established by the existing 5. Not damage surrounding structure such as self-sustained, uncontrolled airworthiness standards. or adjacent systems, equipment, or increases in temperature or pressure electrical wiring from corrosive fluids or from one cell to adjacent cells. Applicability gases that may escape in such a way as Special Conditions 1 and 2 are As discussed above, these special to cause a major or more-severe failure intended to ensure that the cells and conditions are applicable to the Dassault condition. battery are designed to eliminate the Model Falcon 900 airplane. Should 6. Have provisions to prevent any potential for uncontrollable failures. Chicago Jet Group apply at a later date hazardous effect on airplane structure or However, a certain number of failures for a supplemental type certificate to systems caused by the maximum will occur due to various factors beyond modify any other model included on amount of heat it can generate due to the control of the designer. Therefore, Type Certificate No. A46EU to any failure of it or its individual cells. other special conditions are intended to incorporate the same novel or unusual 7. Have a failure sensing and warning protect the airplane and its occupants if design feature, these special conditions system to alert the flightcrew if its failure occurs. would apply to that model as well. Special Conditions 3, 7, and 8 are self- failure affects safe operation of the explanatory, and the FAA does not Conclusion airplane. provide further explanation for them at This action affects only a certain 8. Have a monitoring and warning this time. novel or unusual design feature on one feature that alerts the flightcrew when Special Condition 4 clarifies that the model of airplane, as modified by its charge state falls below acceptable flammable-fluid fire-protection Chicago Jet Group. It is not a rule of levels if its function is required for safe requirements of § 25.863 apply to general applicability and affects only operation of the airplane. rechargeable lithium battery the applicant who applied to the FAA 9. Have a means to automatically installations. Section 25.863 is for approval of this feature on the disconnect from its charging source in applicable to areas of the airplane that airplane. the event of an over-temperature could be exposed to flammable fluid condition, cell failure, or battery failure. leakage from airplane systems. List of Subjects in 14 CFR Part 25 Note: A battery system consists of the Rechargeable lithium batteries contain Aircraft, Aviation safety, Reporting battery, battery charger, and any electrolyte that is a flammable fluid. and recordkeeping requirements. Special Condition 5 requires each protective monitoring and alerting Authority Citation rechargeable lithium battery installation circuitry or hardware inside or outside to not damage surrounding structure or The authority citation for these of the battery. It also includes vents adjacent systems, equipment, or special conditions is as follows: (where necessary) and packaging. For electrical wiring from corrosive fluids or the purpose of these special conditions, Authority: 49 U.S.C. 106(f), 106(g), 40113, a battery and the battery system is gases that may escape in such a way as 44701, 44702, 44704. to cause a major or more severe failure referred to as a battery. condition. Special Condition 6 requires The Special Conditions Issued in Des Moines, Washington, on each rechargeable lithium battery Accordingly, pursuant to the October 7, 2020. installation to have provisions to authority delegated to me by the James E. Wilborn, prevent any hazardous effect on Administrator, the following special Acting Manager, Transport Standards airplane structure or systems caused by conditions are issued as part of the type Branch, Policy and Innovation Division, the maximum amount of heat it can certification basis for Dassault Model Aircraft Certification Service. generate due to any failure of it or its Falcon 900 airplanes, as modified by [FR Doc. 2020–22618 Filed 10–22–20; 8:45 am] individual cells. The means of meeting Chicago Jet Group. BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION the text should have included corner as Federal Register approves this modified by sharp not just corner itself; incorporation by reference action under Federal Aviation Administration otherwise all corners would be title 1 Code of Federal Regulations part considered hazardous. Therefore, the 51, subject to the annual revision of 14 CFR Part 25 text should have read: ‘‘The area above FAA Order 7400.11 and publication of each HWS must be designed such that conforming amendments. [Docket No. FAA–2019–0329, Special Conditions No. 25–760–SC] there should be no hazards to a person ADDRESSES: FAA Order 7400.11E, performing a physical search above the Airspace Designations and Reporting Special Conditions: The Boeing HWS (e.g., no hot surfaces, no sharp Points, and subsequent amendments can Company Model 777–9 Series Airplane; edges or corners)’’ from the beginning. be viewed online at https:// _ Interior Design To Facilitate Searches Correction www.faa.gov/air traffic/publications/. Above Passenger Cabin High Wall For further information, you can contact Suites In Special Conditions No. 25–760–SC, the Rules and Regulations Group, published in the Federal Register on Federal Aviation Administration, 800 AGENCY: Federal Aviation March 5, 2020, (85 FR 12864), FR Doc. Independence Avenue SW, Washington, Administration (FAA), DOT. 2020–03474, on page 12865, in the DC 20591; telephone: (202) 267–8783. ACTION: Final special conditions; second column, correct the first special The Order is also available for correction. conditions paragraph to read as follows: inspection at the National Archives and 1. The area above each HWS must be Records Administration (NARA). For SUMMARY: The FAA is correcting an designed such that there should be no information on the availability of FAA error that appeared in the Federal hazards to a person performing a Order 7400.11E at NARA, email: Register on March 5, 2020, for Special physical search above the HWS (e.g., no [email protected] or go to https:// Conditions No. 25–760–SC, Docket No. hot surfaces, no sharp edges or corners). www.archives.gov/federal-register/cfr/ FAA–2019–0329. In that document, the Issued in Des Moines, Washington, on ibr-locations.html. final special conditions text is incorrect October 7, 2020. FOR FURTHER INFORMATION CONTACT: and this document now posts the James E. Wilborn, correct text. Colby Abbott, Rules and Regulations Acting Manager, Transport Standards Group, Office of Policy, Federal DATES: This correction is effective on Branch, Policy and Innovation Division, Aviation Administration, 800 October 23, 2020. Aircraft Certification Service. Independence Avenue SW, Washington, FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–22567 Filed 10–22–20; 8:45 am] DC 20591; telephone: (202) 267–8783. Shannon Lennon, Airframe and Cabin BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: Safety Section, AIR–675, Transport Standards Branch, Policy and Authority for This Rulemaking Innovation Division, Aircraft DEPARTMENT OF TRANSPORTATION The FAA’s authority to issue rules Certification Service, Federal Aviation regarding aviation safety is found in title Administration, 2200 South 216th Federal Aviation Administration 49 of the United States Code. Subtitle I, Street, Des Moines, Washington 98198; section 106 describes the authority of telephone and fax 206–231–3209; email 14 CFR Part 71 the FAA Administrator. Subtitle VII, [email protected]. [Docket No. FAA–2020–0512; Airspace Aviation Programs, describes in more SUPPLEMENTARY INFORMATION: Docket No. 20–AGL–10] detail the scope of the agency’s authority. This rulemaking is Background RIN 2120–AA66 promulgated under the authority On February 14, 2020, the FAA issued Establishment of Area Navigation described in subtitle VII, part A, subpart Special Conditions No. 25–760–SC, (RNAV) Routes T–301 and T–305; I, section 40103. Under that section, the under Docket No. FAA–2019–0329. Northcentral United States FAA is charged with prescribing Those special conditions were regulations to assign the use of the published in the Federal Register on AGENCY: Federal Aviation airspace necessary to ensure the safety March 5, 2020, (85 FR 12864). Those Administration (FAA), DOT. of aircraft and the efficient use of special conditions pertain to passenger ACTION: Final rule. airspace. This regulation is within the cabins with high wall suites (HWS) for scope of that authority as it modifies the The Boeing Company Model 777–9 SUMMARY: This action establishes area route structure as necessary to preserve series airplane, which is a derivative of navigation (RNAV) routes T–301 and T– the safe and efficient flow of air traffic the Model 777–300ER airplane currently 305 in the northcentral United States. within the National Airspace System. approved under Type Certificate No. The new RNAV routes expand the T00001SE. availability of RNAV routing in support History A special condition paragraph to that of transitioning the National Airspace The FAA published a notice of document published with incorrect text System (NAS) from ground-based to proposed rulemaking for Docket No. in condition No. 1. As published, the satellite-based navigation. Additionally, FAA–2020–0512 in the Federal Register first special conditions paragraph stated a portion of the new RNAV routes (85 FR 36172; June 15, 2020), that there should be no hazards to a provide enroute structure where VHF establishing T–301 and T–305 to expand person performing a physical search Omnidirectional Range (VOR) Federal the availability of RNAV routing in above the high wall suites (e.g., no hot airway segments were removed due to support of transitioning the NAS from surfaces, no sharp edges, and no the Cape Girardeau, MO, VOR being ground-based to satellite-based corners). There are no substantive decommissioned in support of the navigation. Additionally, portions of the changes to the document as it is FAA’s VOR Minimum Operational new RNAV routes provide enroute apparent that a corner is inherently not Network (MON) program. structure where VHF Omnidirectional a hazard in and of itself. However, a DATES: Effective date 0901 UTC, Range (VOR) Federal airway segments sharp corner could be. It is evident that December 31, 2020. The Director of the were removed due to the Cape
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Girardeau, MO, VOR being the recently removed VOR Federal excludes from further environmental decommissioned in support of the airway V–125 between the Cape impact review rulemaking actions that FAA’s VOR Minimum Operational Girardeau, MO, DME and the NIKEL fix; designate or modify classes of airspace Network (MON) program. Interested routing to transition northeastward to areas, airways, routes, and reporting parties were invited to participate in the TYMME, IL, waypoint (new) located points (see 14 CFR part 71, Designation this rulemaking effort by submitting near the Vandalia, IL, VORTAC; and of Class A, B, C, D, and E Airspace written comments on the proposal. No routing adjacent to VOR Federal airway Areas; Air Traffic Service Routes; and substantive comments were received. V–14 between the Vandalia, IL, Reporting Points). As such, this action United States RNAV T-routes are VORTAC and the Terra Haute, IN, is not expected to result in any published in paragraph 6011 of FAA VORTAC to the JIBKA, IN, waypoint potentially significant environmental Order 7400.11E dated July 21, 2020, and located approximately one nautical mile impacts. In accordance with FAA Order effective September 15, 2020, which is northwest of the Terra Haute VORTAC. 1050.1F, paragraph 5–2 regarding incorporated by reference in 14 CFR FAA Order 7400.11, Airspace Extraordinary Circumstances, the FAA 71.1. The RNAV T-routes listed in this Designations and Reporting Points, is has reviewed this action for factors and document will be subsequently published yearly and effective on circumstances in which a normally published in the Order. September 15. categorically excluded action may have a significant environmental impact Availability and Summary of Regulatory Notices and Analyses Documents for Incorporation by requiring further analysis. The FAA has Reference The FAA has determined that this determined that no extraordinary regulation only involves an established circumstances exist that warrant This document amends FAA Order body of technical regulations for which preparation of an environmental 7400.11E, Airspace Designations and frequent and routine amendments are assessment or environmental impact Reporting Points, dated July 21, 2020, necessary to keep them operationally study. and effective September 15, 2020. FAA current. It, therefore: (1) Is not a List of Subjects in 14 CFR Part 71 Order 7400.11E is publicly available as ‘‘significant regulatory action’’ under listed in the ADDRESSES section of this Executive Order 12866; (2) is not a document. FAA Order 7400.11E lists Airspace, Incorporation by reference, ‘‘significant rule’’ under Department of Class A, B, C, D, and E airspace areas, Navigation (air). Transportation (DOT) Regulatory air traffic service routes, and reporting Policies and Procedures (44 FR 11034; Adoption of the Amendment points. February 26, 1979); and (3) does not In consideration of the foregoing, the The Rule warrant preparation of a regulatory Federal Aviation Administration The FAA is amending title 14 Code of evaluation as the anticipated impact is amends 14 CFR part 71 as follows: Federal Regulations (14 CFR) part 71 to so minimal. Since this is a routine establish RNAV routes T–301 and T– matter that only affects air traffic PART 71—DESIGNATION OF CLASS A, 305. The new T-routes are described procedures and air navigation, it is B, C, D, AND E AIRSPACE AREAS; AIR below. certified that this rule, when TRAFFIC SERVICE ROUTES; AND T–301: T–301 is a new RNAV route promulgated, does not have a significant REPORTING POINTS that extends between the Cape economic impact on a substantial Girardeau, MO, DME and the Peoria, IL, number of small entities under the ■ 1. The authority citation for part 71 VORTAC. This T-route provides enroute criteria of the Regulatory Flexibility Act. continues to read as follows: routing in place of the recently removed Environmental Review Authority: 49 U.S.C. 106(f), 106(g); 40103, V–313 airway segment between the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Cape Girardeau, MO, DME and the The FAA has determined that this 1959–1963 Comp., p. 389. Centralia, IL, VORTAC; routing adjacent action of establishing RNAV routes T– to VOR Federal airway V–67 between 301 and T305, to expand the availability § 71.1 [Amended] of RNAV routing in support of the Centralia, IL, VORTAC and the ■ 2. The incorporation by reference in transitioning the NAS from ground- Spinner, IL, VORTAC; and routing over 14 CFR 71.1 of FAA Order 7400.11E, based to satellite-based navigation, VOR Federal airway V–129 between the Airspace Designations and Reporting qualifies for categorical exclusion under Spinner, IL, VORTAC and the Peoria, IL, Points, dated July 21, 2020, and the National Environmental Policy Act VORTAC. effective September 15, 2020, is T–305: T–305 is a new RNAV route and its implementing regulations at 40 amended as follows: that extends between the Cape CFR part 1500, and in accordance with Girardeau, MO, DME and the JIBKA, IN, FAA Order 1050.1F, Environmental Paragraph 6011 United States Area waypoint. This T-route provides enroute Impacts: Policies and Procedures, Navigation Routes. routing adjacent to and slightly beyond paragraph 5–6.5a, which categorically * * * * *
***** T–301 Cape Girardeau, MO (CGI) to Peoria, IL (PIA) [New] Cape Girardeau, MO (CGI) DME (Lat. 37°13′39.14″ N, long. 089°34′20.68″ W) Centralia, IL (ENL) VORTAC (Lat. 38°25′12.00″ N, long. 089°09′32.39″ W) TYMME, IL WP (Lat. 39°05′38.35″ N, long. 089°09′43.71″ W) Spinner, IL (SPI) VORTAC (Lat. 39°50′23.04″ N, long. 089°40′39.85″ W) Peoria, IL (PIA) VORTAC (Lat. 40°40′48.25″ N, long. 089°47′33.91″ W)
***** T–305 Cape Girardeau, MO (CGI) to JIBKA, IN [New] Cape Girardeau, MO (CGI) DME (Lat. 37°13′39.14″ N, long. 089°34′20.68″ W) AMART, IL WP (Lat. 38°11′06.83″ N, long. 089°47′24.15″ W) TYMME, IL WP (Lat. 39°05′38.35″ N, long. 089°09′43.71″ W) DELCO, IL WP (Lat. 39°21′22.57″ N, long. 087°54′39.56″ W)
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JIBKA, IN WP (Lat. 39°30′08.93″ N, long. 087°16′26.74″ W)
*****
Issued in Washington, DC, on October 14, www.archives.gov/federal-register/cfr/ Reporting Points, dated July 21, 2020, 2020. ibr-locations.html. and effective September 15, 2020. FAA Scott M. Rosenbloom, FOR FURTHER INFORMATION CONTACT: John Order 7400.11E is publicly available as Acting Manager, Rules and Regulations Fornito, Operations Support Group, listed in the ADDRESSES section of this Group. Eastern Service Center, Federal Aviation document. FAA Order 7400.11E lists [FR Doc. 2020–23081 Filed 10–22–20; 8:45 am] Administration, 1701 Columbia Ave., Class A, B, C, D, and E airspace areas, BILLING CODE 4910–13–P College Park, GA 30337; telephone (404) air traffic routes, and reporting points. 305–6364. The Rule SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION This amendment to title 14 Code of Authority for This Rulemaking Federal Regulations (14 CFR) part 71 Federal Aviation Administration The FAA’s authority to issue rule amends Class E airspace extending upward from 700 feet above the surface 14 CFR Part 71 regarding aviation safety is found in title 49 of the United States Code. Subtitle I, at Grant County Airport, Petersburg, WV, by eliminating two extensions, and [Docket No. FAA–2020–0660; Airspace section 106 describes the authority of Docket No. 20–AEA–12] the FAA Administrator. Subtitle VII, increasing the radius from 6.3 miles to Aviation Programs, describes in more 14.2 miles. In addition, the FAA RIN 2120–AA66 detail the scope of the agency’s updates the geographic coordinates of authority. This rulemaking is the airport to coincide with the FAA’s Amendment of Class E Airspace; promulgated under the authority aeronautical database. These changes Petersburg, WV described in subtitle VII, part A, subpart are necessary for continued safety and management of IFR operations in the AGENCY: I, section 40103. Under that section, the Federal Aviation area. Administration (FAA), DOT. FAA is charged with prescribing regulations to assign the use of airspace FAA Order 7400.11, Airspace ACTION: Final rule. necessary to ensure the safety of aircraft Designations and Reporting Points, is SUMMARY: This action amends Class E and the efficient use of airspace. This published yearly and effective on airspace extending upward from 700 regulation is within the scope of that September 15. feet above the surface at Grant County authority as it amends Class E airspace Regulatory Notices and Analyses Airport, Petersburg, WV, due to the at Grant County Airport, Petersburg, decommissioning of the Kessel Very WV, to support IFR operations in the The FAA has determined that this High Frequency Omnidirectional Range/ area. regulation only involves an established body of technical regulations for which Distance Measuring Equipment (VOR/ History DME) and cancellation of associated frequent and routine amendments are approaches. Controlled airspace is The FAA published a notice of prosed necessary to keep them operationally necessary for the safety and rulemaking in the Federal Register (85 current. It therefore: (1) Is not a management of instrument flight rules FR 47321, August 5, 2020) for Docket ‘‘significant regulatory action’’ under (IFR) operations in the area. This action No. FAA–2020–0660 to amend Class E Executive Order 12866; (2) is not a also updates the airport’s geographic airspace extending upward from 700 ‘‘significant rule’’ under DOT coordinates. feet above the surface at Grant County Regulatory Policies and Procedures (44 Airport, Petersburg, WV, from a 6.3-mile FR 11034; February 26, 1979); and (3) DATES: Effective 0901 UTC, December radius to a 14.2-mile radius. In addition, does not warrant preparation of a 31, 2020. The Director of the Federal the FAA proposed to update the regulatory evaluation as the anticipated Register approves this incorporation by geographic coordinates of the airport to impact is so minimal. Since this is a reference action under title 1 Code of coincide with the FAA’s aeronautical routine matter that only affects air traffic Federal Regulations part 51, subject to database. procedures an air navigation, it is the annual revision of FAA Order Interested parties were invited to certified that this rule, when 7400.11 and publication of conforming participate in this rulemaking effort by promulgated, does not have a significant amendments. submitting written comments on the economic impact on a substantial ADDRESSES: FAA Order 7400.11E, proposal to the FAA. No comments number of small entities under the Airspace Designations and Reporting were received. criteria of the Regulatory Flexibility Act. Points, and subsequent amendments can Class E airspace designations are Environmental Review be viewed online at http://www.faa.gov/ published in Paragraph 6005, of FAA air_traffic/publications/. For further Order 7400.11E, dated July 21, 2020, The FAA has determined that this information, you can contact the and effective September 15, 2020, which action qualifies for categorical exclusion Airspace Policy Group, Federal Aviation is incorporated by reference in 14 CFR under the National Environmental Administration, 800 Independence 71.1. The Class E airspace designations Policy Act in accordance with FAA Avenue SW, Washington, DC 20591; listed in this document will be Order 1050.1F, ‘‘Environmental Telephone: (202) 267–8783. The Order published subsequently in the Order. Impacts: Policies and Procedures,’’ is also available for inspection at the paragraph 5–6.5a. This airspace action National Archives and Records Availability and Summary of is not expected to cause any potentially Administration (NARA). For Documents for Incorporation by significant environmental impacts, and information on the availability of FAA Reference no extraordinary circumstances exist Order 7400.11E at NARA, email This document amends FAA Order that warrant preparation of an [email protected] or go to https:// 7400.11E, Airspace Designations and environmental assessment.
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Lists of Subjects in 14 CFR Part 71 (VOR) Federal airway V–187 in the History Airspace, Incorporation by reference, western United States. The FAA is The FAA published a notice of Navigation (air). taking this action due to the proposed rulemaking for Docket No. decommissioning of the McChord, WA, FAA–2020–0135 in the Federal Register Adoption of the Amendment VOR portion of the VOR/Tactical Air (85 FR 13079; March 6, 2020) amending In consideration of the foregoing, the Navigation (VORTAC) navigation aid VOR Federal airway V–187. Interested Federal Aviation Administration (NAVAID), which provides navigation parties were invited to participate in amends 14 CFR part 71 as follows: guidance for portions of the affected Air this rulemaking effort by submitting Traffic Service (ATS) route. The written comments on the proposal. No PART 71—DESIGNATION OF CLASS A, McChord, WA, VOR is being comments were received. B, C, D, AND E AIRSPACE AREAS; AIR decommissioned due to ongoing VOR Federal airways are published in TRAFFIC SERVICE ROUTES; AND maintenance problems. paragraph 6010(a) of FAA Order REPORTING POINTS DATES: Effective date 0901 UTC, 7400.11E dated July 21, 2020, and February 25, 2021. The Director of the effective September 15, 2020, which is ■ 1. The authority citation for part 71 Federal Register approves this incorporated by reference in 14 CFR continues to read as follows: incorporation by reference action under 71.1. The VOR Federal airway listed in Authority: 49 U.S.C. 106(f), 106(g); 40103, title 1 Code of Federal Regulations part this document will be subsequently 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 51, subject to the annual revision of published in the Order. 1959–1963 Comp., p. 389. FAA Order 7400.11 and publication of Availability and Summary of conforming amendments. § 71.1 [Amended] Documents for Incorporation by ADDRESSES: FAA Order 7400.11E, Reference ■ 2. The incorporation by reference in Airspace Designations and Reporting 14 CFR 71.1 of FAA Order 7400.11E, Points, and subsequent amendments can This document amends FAA Order Airspace Designations and Reporting be viewed online at https:// 7400.11E, Airspace Designations and Points, dated July 21, 2020, effective www.faa.gov/air_traffic/publications/. Reporting Points, dated July 21, 2020, September 15, 2020, is amended as For further information, you can contact and effective September 15, 2020. FAA follows: the Rules and Regulations Group, Order 7400.11E is publicly available as Federal Aviation Administration, 800 listed in the ADDRESSES section of this Paragraph 6005 Class E Airspace Areas document. FAA Order 7400.11E lists Extending Upward From 700 Feet or More Independence Avenue SW, Washington, Above the Surface of the Earth. DC 20591; telephone: (202) 267–8783. Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting * * * * * The Order is also available for inspection at the National Archives and points. AEA WV E5 Petersburg, WV [Amended] Records Administration (NARA). For The Rule Grant County Airport, WV information on the availability of FAA (Lat. 38°59′42″ N, long. 79°08′45″ W) The FAA is amending Title 14 Code Order 7400.11E at NARA, email: of Federal Regulations (14 CFR) part 71 That airspace extending upward from 700 [email protected] or go to https:// by modifying VOR Federal airway V– feet above the surface within a 14.2-mile www.archives.gov/federal-register/cfr/ radius of Grant County Airport. 187. The ATS route action is described ibr-locations.html. below. Issued in College Park, Georgia, on October FOR FURTHER INFORMATION CONTACT: V–187: V–187 extends between the 13, 2020. Christopher McMullin, Rules and Socorrow, NM, VORTAC, to the Astoria, Andreese C. Davis, Regulations Group, Office of Policy, OR, VOR. V–187 is amended on the Manager, Airspace & Procedures Team South, Federal Aviation Administration, 800 segment between the intersection of Eastern Service Center, Air Traffic Independence Avenue SW, Washington, Yakima 331° and Ellensburg 274° Organization. DC 20591; telephone: (202) 267–8783. radials and the Olympia, WA, VOR. The [FR Doc. 2020–23028 Filed 10–22–20; 8:45 am] SUPPLEMENTARY INFORMATION: amendment will stop at THICK BILLING CODE 4910–13–P intersection (INT Yakima, WA, 331° and Authority for This Rulemaking Ellensburg, WA, 274° radials) and then The FAA’s authority to issue rules resume at the Olympia, WA, VOR. The DEPARTMENT OF TRANSPORTATION regarding aviation safety is found in title unaffected portion of the existing route 49 of the United States Code. Subtitle I, Federal Aviation Administration will remain as charted. FAA Order section 106 describes the authority of 7400.11, Airspace Designations and the FAA Administrator. Subtitle VII, 14 CFR Part 71 Reporting Points, is published yearly Aviation Programs, describes in more and effective on September 15. [Docket No. FAA–2020–0135; Airspace detail the scope of the agency’s Docket No. 19–ANM–17] authority. This rulemaking is Regulatory Notices and Analyses promulgated under the authority The FAA has determined that this RIN 2120–AA66 described in subtitle VII, part A, subpart proposed regulation only involves an Amendment of Air Traffic Service I, section 40103. Under that section, the established body of technical (ATS) Route V–187 Due to the FAA is charged with prescribing regulations for which frequent and Decommissioning of the McChord, regulations to assign the use of the routine amendments are necessary to WA, VOR airspace necessary to ensure the safety keep them operationally current. It, of aircraft and the efficient use of therefore: (1) Is not a ‘‘significant AGENCY: Federal Aviation airspace. This regulation is within the regulatory action’’ under Executive Administration (FAA), DOT. scope of that authority as it modifies the Order 12866; (2) is not a ‘‘significant ACTION: Final rule. air traffic service route structure in the rule’’ under Department of National Airspace System as necessary Transportation (DOT) Regulatory SUMMARY: This action amends the to preserve the safe and efficient flow of Policies and Procedures (44 FR 11034; domestic VHF Omnidirectional Range air traffic. February 26, 1979); and (3) does not
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warrant preparation of a regulatory Airspace Designations and Reporting Counsel, USAID, 1300 Pennsylvania evaluation as the anticipated impact is Points, dated July 21, 2020, and Ave. NW, Washington, DC 20523, so minimal. Since this is a routine effective September 15, 2020, is [email protected]. matter that only affects air traffic amended as follows: SUPPLEMENTARY INFORMATION: procedures and air navigation, it is Paragraph 6010(a) Domestic VOR Federal I. Background certified that this rule, when Airways. promulgated, does not have a significant * * * * * A. The Current COVID–19 Pandemic in economic impact on a substantial the United States V–187 [Amended] number of small entities under the Coronavirus Disease 2019 (COVID–19) criteria of the Regulatory Flexibility Act. From Socorrow, NM; via INT Socorrow ° ° is a highly communicable infectious 015 and Albuquerque, NM, 160 radials: disease caused by Severe Acute Environmental Review Albuquerque, Rattlesnake, NM; 50 miles, 62 Respiratory Syndrome Coronavirus 2 The FAA has determined that this miles, 115 MSL, Grand Junction, CO; 75 (SARS–CoV–2). On January 30, 2020, airspace action of amending VOR miles, 50 miles, 112 MSL, Rock Springs, WY; the Director-General of the World Federal airway V–187 qualifies for 20 miles, 37 miles, 95 MSL, INT Rock ° ° Health Organization (WHO) declared categorical exclusion under the National Springs 026 and Riverton, WY, 180 radials; Riverton; Boysen Reservoir, WY; 9 miles, 78 the outbreak of COVID–19 a Public Environmental Policy Act and its miles, 105 MSL, Billings, MT; INT Billings Health Emergency of International implementing regulations at 40 CFR part ° ° 317 and Great Falls, MT, 122 radials; Great Concern under the International Health 1500, and in accordance with FAA Falls; Missoula, MT; Nez Perce, ID; Pasco, Regulations. On January 31, 2020, the Order 1050.1F, Environmental Impacts: WA; INT Pasco 321° and Ellensburg, WA, HHS Secretary declared COVID–19 a Policies and Procedures, paragraph 5– 107° radials; Ellensburg; INT Yakima 331° Public Health Emergency under Section 6.5a, which categorically excludes from and Ellensburg 274° radials. From Olympia; 319 of the Public Health Service (PHS) further environmental impact review to Astoria, OR. Act. 42 U.S.C. 247d. On March 11, 2020, rulemaking actions that designate or * * * * * the WHO declared the COVID–19 modify classes of airspace areas, Issued in Washington, DC, on October 14, outbreak a pandemic. On March 13, airways, routes, and reporting points 2020. 2020, the President issued a declaration (see 14 CFR part 71, Designation of Scott M. Rosenbloom, of a national emergency under Sections Class A, B, C, D, and E Airspace Areas; Acting Manager, Rules and Regulations 201 and 301 of the National Air Traffic Service Routes; and Group. Emergencies Act, 50 U.S.C. 1601–1651, Reporting Points). As such, this action [FR Doc. 2020–23083 Filed 10–22–20; 8:45 am] and consistent with Section 1135 of the is not expected to result in any BILLING CODE 4910–13–P Social Security Act, 42 U.S.C. 1320b–5. potentially significant environmental See Proclamation on Declaring a impacts. In accordance with FAA Order National Emergency Concerning the 1050.1F, paragraph 5–2 regarding AGENCY FOR INTERNATIONAL Novel Coronavirus Disease (COVID–19) Extraordinary Circumstances, the FAA DEVELOPMENT Outbreak. has reviewed this action for factors and On March 13, 2020, the President also circumstances in which a normally 22 CFR Part 228 declared a nationwide emergency under categorically excluded action may have RIN 0412–AB02 Section 501(b) of the Robert T. Stafford a significant environmental impact Disaster Relief and Emergency requiring further analysis. The FAA has Procurement of Certain Essential Assistance Act, 42 U.S.C. 5121–5207 determined that no extraordinary Medical Supplies To Address the (the ‘‘Stafford Act’’), authorizing FEMA circumstances exist that warrant COVID–19 Pandemic to provide assistance for emergency preparation of an environmental protective measures to respond to the assessment or environmental impact AGENCY: Agency for International COVID–19 pandemic. Under the study. Development. Stafford Act, FEMA may direct USAID, List of Subjects in 14 CFR Part 71 ACTION: Temporary final rule. through a Mission Assignment, to use Airspace, Incorporation by reference, SUMMARY: The United States Agency for its authorities and resources to meet Navigation (air). International Development (USAID) is domestic needs, including making issuing a Temporary Final Rule (TFR) available any EMS to FEMA. The Amendment amending our regulations to allow As of May 21, 2020, there were over In consideration of the foregoing, the USAID to waive ‘‘Source and 1.5 million confirmed cases of COVID– Federal Aviation Administration Nationality’’ rules to provide for 19 in the United States, resulting in over amends 14 CFR part 71 as follows: increased flexibility, targeting, and 93,000 deaths due to the disease, with speed of procurement of Essential new cases and fatalities being reported PART 71—DESIGNATION OF CLASS A, Medical Supplies (EMS) required to daily. Worldwide, there have been over B, C, D, AND E AIRSPACE AREAS; AIR address the COVID–19 pandemic 5 million confirmed cases, resulting in TRAFFIC SERVICE ROUTES; AND worldwide. over 328,000 deaths. Presently, there is REPORTING POINTS no vaccine that can prevent infection DATES: Effective date: This rule is with COVID–19, nor is there currently ■ 1. The authority citation for part 71 effective October 23, 2020 through April any FDA-approved post-exposure continues to read as follows: 30, 2021. prophylaxis for people who may have Authority: 49 U.S.C. 106(f), 106(g); 40103, ADDRESSES: You may review the docket been exposed to COVID–19. Treatment 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, by searching for Docket ID [AID–2020– is limited to supportive (or palliative) 1959–1963 Comp., p. 389. 0004], via the Federal eRulemaking care for patients who need it. Clinical Portal: http://www.regulations.gov. management for hospitalized patients § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: with COVID–19 is focused on ■ 2. The incorporation by reference in Natalie J. Freeman (or designee), supportive care for complications, 14 CFR 71.1 of FAA Order 7400.11E, Attorney Advisor, Office of the General including supplemental oxygen and
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advanced organ support for respiratory generally requires an agency to publish to combat this dangerous pathogen. This failure, septic shock, and multi-organ a notice of proposed rulemaking in the includes working with front-line failure. Federal Register and provide an workers to slow the spread, care for opportunity for public comment. This those affected by, and equip local B. USAID’s Response to COVID–19 requirement does not apply, however, if communities with the tools needed to USAID is responding to the COVID– the agency ‘‘for good cause finds . . . fight back against COVID–19. 19 pandemic with decisive action at that notice and public procedure Pandemics know no borders, and home and abroad. Our priorities in the thereon are impracticable, unnecessary, therefore international cooperation is response are to protect the safety and or contrary to the public interest.’’ 5 vital. We will not successfully defeat health security of our global workforce, U.S.C. 553(b)(3)(B). The APA also this pandemic threat, and avoid a ensure that we can continue our life- generally requires that an agency second or third wave, unless we fight it saving mission across the world, and publish an adopted rule in the Federal around the world. That is why our support partner countries in their Register at least 30 days before it approach must include the necessary response to COVID–19. becomes effective. This requirement tools and resources to protect the safety USAID, together with the Department does not apply, however, if the agency and interests of Americans and ensure of State, launched the Strategy for finds good cause for making the rule the United States continues to lead on Supplemental Funding to Prevent, effective sooner. Section 553(d)(3). the global response. The United States Prepare for, and Respond to Coronavirus The rates of COVID–19 infections and industry is uniquely positioned to Abroad. Under Pillar 2 of this Strategy, the number of deaths caused by COVID– produce EMS to support the USAID addresses three components— 19 are significantly increasing on a daily achievement of COVID–19 domestic and the emergency health response, basis worldwide. The demand for EMS international objectives. USAID’s strengthening health security capacities is increasing worldwide given the rising primary reliance on these sources in affected countries, and helping to number of infections. Second and ensures the availability of these critical rebuild health systems as part of possibly third waves are expected supplies to assist countries affected by addressing the second order health according to the medical experts. The COVID–19. This temporary final rule effects of the pandemic. As of April 24, courts have recognized that concern for allows flexibility to ensure those in the USAID Bureau for Global Health public safety can constitute good cause need around the world will have access (GH), in response to the pandemic, to bypass notice and comment to lifesaving EMS to address COVID–19 obligated $99 million from the procedures. (See, Jifry v. F.A.A., 370 when and where they need it. The Emergency Reserve Fund for Infectious F.3d 1174, 1179–80 (D.C. Cir. 2004).) measures described in this rule are Disease Outbreaks, and another The courts have further found that being issued on a temporary basis from approximately $90 million of the total immediate threats to human life and October 23, 2020 through April 30, $435 million Global Health Programs physical security typically constitute an 2021. COVID–19 supplemental. GH important enough interest to justify use Current regulations authorize the programming has focused on the of the good cause exception. (See, following: following technical areas: Risk Hawaii Helicopter Operators Ass’n v. communication and community 22 CFR 228.03(a) authorizes purchases Federal Aviation Administration, 51 from Geographic Code 937, which is defined engagement; surveillance, rapid F.3d 212 (9th Cir. 1995).) This rule is as the United States, the cooperating/ response teams, and contact tracing; intended to help protect the public from recipient country, and developing countries port of entry; infection prevention and this immediate health threat by other than advanced developing countries, control; laboratory systems; case providing USAID increased flexibility, and excluding prohibited sources. management; and response operations targeting, and speed of procurement of It further allows for certain purchases from and coordination. The provision of EMS required to address the COVID–19 Geographic Code 935, which is defined as any area or country except prohibited commodities is critical for the pandemic worldwide. Given the laboratory systems, case management, countries, based on additional statutory temporary nature of this rule, its narrow authority or otherwise approved via a waiver and infection prevention and control application to EMS, and the significant in accordance with Subpart D. Section components. Under Pillar 3 of the and immediate threat to public health 228.03(b). Strategy, USAID will prevent, prepare and safety in the United States and For purchases under Support for Economic for, and respond to COVID–19 in worldwide, the Agency finds that this and Democratic Development of the existing complex emergency responses emergency is sufficiently compelling to Independent States of the Former Soviet and address potential humanitarian constitute good cause to forgo notice Union, § 228.03(c), the authorized principal consequences of the pandemic. Further, geographic codes are Code 937 and Code 110 and comment. It would be contrary to (New Independent States). under Pillar 4 of the Strategy, USAID the interest of public health and will prepare for, mitigate and address contrary to our national security and Under the current provisions of 22 second order economic, civilian foreign policy interests to delay this CFR part 228, USAID only has the security, stabilization, and governance rule. authority to expand the authorized effects of COVID–19. The provision of The rule is issued accordance with geographic scope under the waiver commodities will be components of section 604 of the Foreign Assistance provisions. The temporary final rule these activities. In total, USAID Act (FAA) of 1961, as amended, 22 allows USAID to prioritize the purchase estimates that approximately $137 U.S.C. 2354. of EMS: From the United States only, million may be used for providing Under the authority of the FAA and from the cooperating/recipient country, Essential Medical Supplies for overseas the APA, USAID issues this temporary from the geographic region to avoid use. final rule. diverting supplies in short supply in the United States, or from a nearby country. C. Authorities II. Provisions of Temporary Final Rule ‘‘Nearby country’’ means any bordering USAID is issuing this temporary final USAID is working directly with country or any country that is in the rule as part of its response to the governments, multilateral organizations, same geographical region as the country COVID–19 pandemic. The NGOs, the private sector, and other receiving assistance, as defined by the Administrative Procedure Act (‘‘APA’’) organizations responding on the ground Department of State’s regional system
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(i.e., Africa; East Asia and Pacific; materially affecting a sector of the PART 228—RULES FOR Europe and Eurasia; Near East; South economy, productivity, competition, PROCUREMENT OF COMMODITIES and Central Asia; Western Hemisphere). jobs, the environment, public health or AND SERVICES FINANCED BY USAID However, if, as determined by USAID safety, or State, local, or tribal on a case-by-case basis, EMS is governments or communities (also ■ 1. The authority citation for 22 CFR unavailable from the United States, the referred to as ‘‘economically part 228 continues to read as follows: cooperating/recipient country, and a significant’’); (2) creating a serious Authority: Sec. 621, Pub. L. 87–195, 75 nearby country; or is unavailable in inconsistency or otherwise interfering Stat. 445 (22 U.S.C. 2381), as amended, E.O. sufficient, reasonable, and available with an action taken or planned by 12163, Sept. 29, 1979, 44 FR 56673: 3 CFR quantities, or sufficient and reasonable another agency; (3) materially altering 1979 Comp., p. 435. quality that is fit for the intended the budgetary effects of entitlement ■ 2. Revise § 228.01 to read as follows: purpose, procurement from Code 935 is grants, user fees, or loan programs or the § 228.01 Definitions. authorized. rights and obligations of recipients thereof; or (4) raising novel legal or Essential medical supplies means III. Temporary Changes to 22 CFR Part personal protective equipment, medical 228 policy issues arising out of legal mandates, the President’s priorities, or products and equipment, pharmaceuticals, and other medical The below changes will remain in the principles set forth in the Executive countermeasures needed to address the effect until October 23, 2020 through Order. April 30, 2021. COVID–19 pandemic, which are in short 22 CFR 228.11 is being amended to This rule change narrowly applies to supply, as identified in the ‘‘Notice of require implementing partners to EMS purchased to address the COVID– Designation of Scarce Materials or receive approval from USAID before 19 pandemic. The estimated amount of Threatened Materials Subject to COVID– purchasing EMS. This will allow USAID funding potentially affected is 19 Hoarding Prevention Measures’’ to issue a waiver for the purchase of approximately $137 million. Buying issued by the Department of Health and EMS from the United States only, from from the United States only would Human Services (HHS) on March 25, the cooperating/recipient country, from positively affect the United States 2020, as updated. USAID may designate specific geographic region, or from a economy and help development of our additional materials as ‘‘emergency nearby country. manufacturing capacity to respond to medical supplies’’ if deemed necessary 22 CFR 228.30 is being amended to future crises. USAID’s foreign assistance and will publish notice of these add subsection (e) which allows waivers mandate is unchanged. This rule has additional materials in the Federal to geographic areas necessary for the been designated a ‘‘significant Register. purchase of EMS to address the COVID– regulatory action,’’ but not ■ 3. Revise § 228.11 to read as follows: ‘‘economically significant,’’ under 19 pandemic. For example, it authorizes § 228.11 Source of commodities. purchases from the United States only, Section 3(f) of Executive Order 12866. or from nearby countries that may not This rule has been reviewed by the The source of all commodities be included in Geographic Code 937. It Office of Management and Budget. financed with Federal program funds appropriated under the Foreign also authorizes purchases from the B. Congressional Review Act cooperating/recipient country or from Assistance Act of 1961, as amended, certain geographic areas when there are Pursuant to the Congressional Review shall be Code 937 (unless Code 935 or shortages in the United States. The Act (5 U.S.C. 801 et seq.), the Office of 110 are designated in the implementing Agency plans to issue a waiver to Information and Regulatory Affairs instrument), except for essential prioritize geographic areas for the designated this rule as not a ‘major rule’, medical supplies purchased to address purchase of EMS to address the COVID– as defined by 5 U.S.C. 804(2). the COVID–19 pandemic, the source of 19 pandemic. which must be approved by USAID C. Regulatory Flexibility Act prior to purchase unless otherwise IV. Regulatory Considerations and directed by USAID. Procurements of Determinations Pursuant to requirements set forth in agricultural commodities, motor the Regulatory Flexibility Act (RFA), 5 A. Executive Orders 12866 and 13563 vehicles, and pharmaceuticals must also U.S.C. 601–612, USAID has considered comply with the special procurement Executive Orders 12866 and 13563 the economic effect of the Temporary rules in § 228.19. Recipients and direct agencies to assess all costs and Final Rule and has certified that its contractors are prohibited from engaging benefits of available regulatory provisions would not have a significant suppliers of commodities in an alternatives and, if regulation is economic effect on a substantial number authorized country to import necessary, to select regulatory of small entities. commodities from a country outside of approaches that maximize net benefits D. Paperwork Reduction Act the authorized principal geographic (including potential economic, codes for the purposes of circumventing environmental, public health and safety There is no reporting or the requirements of this rule. Any effects, distributive impacts, and documentation or other information violation of this prohibition will result equity). Executive Order 13563 collection requirements under the Final in the disallowance by USAID of the emphasizes the importance of Rule that require analysis under the cost of the procurement of the subject quantifying both costs and benefits, Paperwork Reduction Act. 44 U.S.C. commodity. reducing costs, harmonizing rules, and 3501–3583. ■ 4. Revise § 228.30 to read as follows: promoting flexibility. Section 3(f) of Executive Order 12866 defines a List of Subjects in 22 CFR Part 228 § 228.30 General. ‘‘significant regulatory action’’ as an USAID may waive the rules contained Government procurement. action that is likely to result in a in subparts A, B, and C of this part regulation (1) having an annual effect on For the reasons discussed in the (except for prohibited sources as the economy of $100 million or more in preamble, USAID amends 22 CFR part defined in § 228.01, and §§ 228.21 and any one year, or adversely and 228 as set forth below: 228.22), in order to accomplish project
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or program objectives. Except for any bordering country or any country 23, 2018), 18 U.S.C. 2523 (‘‘CLOUD paragraph (e) of this section, for any that is in the same geographical region Act’’). The first such executive waivers authorized, the principal as the country receiving assistance, as agreement was concluded between the geographic code shall be Code 935, any defined by the Department of State’s Government of the United States of area or country but excluding prohibited regional system. If, as determined by America and the Government of the sources. All waivers must be in writing, USAID on a case by case basis, essential United Kingdom of Great Britain and and where applicable, are limited to the medical supplies are unavailable from Northern Ireland. See Agreement term established by the waiver. All the United States, the cooperating/ between the Government of the United waiver decisions will be made solely on recipient country, and a nearby country, States of America and the Government the basis of the following criteria: or are unavailable in sufficient, of the United Kingdom of Great Britain (a) Waivers to permit procurement reasonable, and available quantities or and Northern Ireland on Access to outside of Code 937 or 110 must be sufficient and reasonable quality that is Electronic Data for the Purpose of based on a case by case determination fit for the intended purpose, Countering Serious Crime (October 3, that: procurement from Code 935 is 2019), available at https:// (1) The provision of assistance authorized. requires commodities or services of the www.justice.gov/dag/cloudact (the type that are not produced in and Suk J. Jin, ‘‘U.S.–U.K. Agreement’’). The U.S.–U.K. available for purchase in Code 937 or Deputy General Counsel, U.S. Agency for Agreement provides that a ‘‘Designated 110; International Development. Authority’’ for each country shall (2) It is important to permit [FR Doc. 2020–16475 Filed 10–22–20; 8:45 am] perform certain, specified functions procurement from a country not BILLING CODE 6116–02–P necessary to implement the agreement. specified in Code 937 or 110 to meet As applied to the United States, unforeseen circumstance; or ‘‘Designated Authority’’ is defined (3) To promote efficiency in the use DEPARTMENT OF JUSTICE under the agreement as ‘‘the of United States foreign assistance governmental entity designated . . . by resources, including to avoid Office of the Attorney General the Attorney General. Id. at Article 1.8. impairment of foreign assistance To address the requirements of this objectives. 28 CFR Part 0 executive agreement, the Attorney (b) Case by case waivers under General has designated the Criminal paragraph (a) of this section may be AG Order No. 4877–2020 Division as the ‘‘Designated Authority’’ made on the basis of a commodity or AGENCY: Department of Justice. in a Federal Register notice published service type or category, rather than concurrently with this rule. The final ACTION: Final rule. processing repeat, individual waivers rule authorizes the Assistant Attorney for an identical or substantially similar SUMMARY: This final rule authorizes the General in charge of the Criminal commodity or service. Such waivers Assistant Attorney General in charge of Division to exercise the responsibilities may be approved on a regional, country, the Criminal Division to perform the of the Designated Authority and or program basis. For purposes of functions of the ‘‘Designated Authority’’ provides that the Assistant Attorney paragraph (a)(1) of this section, under executive agreements on access to General may further delegate those ‘‘produced in and available for purchase data by foreign governments that either responsibilities to officials within the in’’ shall have the same meaning as the designate the Attorney General or the Criminal Division, including officials in definition of ‘‘available for purchase’’ in Department of Justice (the OIA. OIA serves as the Central § 228.01. A waiver under paragraph ‘‘Department’’) as such authority or Authority for the United States with (a)(1) of this section may also be based authorize the Attorney General to respect to requests for information, on the fact that a commodity is not specify a Designated Authority, and for evidence and other assistance received available for purchase in Code 937 or which the Attorney General has from and made to foreign authorities 110 in sufficient, reasonable, and designated the Criminal Division as under mutual legal assistance treaties, available quantities or sufficient and such authority. It also authorizes the multilateral conventions, and executive reasonable quality that is fit for the Assistant Attorney General to further agreements regarding legal assistance in intended purpose. delegate that authority to officials in the criminal matters. See 28 CFR 0.64–1 (c) A waiver to authorize procurement Criminal Division, including officials in (authorizing the Assistant Attorney from outside the United States of the Office of International Affairs General in charge of the Criminal agricultural commodities, motor (‘‘OIA’’). Division to re-delegate the duties of the vehicles, and pharmaceuticals must DATES: Effective: October 23, 2020. ‘‘Central Authority’’ to certain officials meet the requirements of § 228.19. in OIA). Thus, OIA already carries out (d) Any individual transaction not FOR FURTHER INFORMATION CONTACT: responsibilities similar to those of a exceeding $25,000 (excluding essential Vaughn Ary, Director, Office of Designated Authority under executive medical supplies purchased to address International Affairs, Criminal Division, agreements negotiated pursuant to 18 the COVID–19 pandemic), excluding U.S. Department of Justice, Washington, U.S.C. 2523. those covered by special procurement DC 20005; Telephone (202) 514–0000. rules in § 228.19, and excluding SUPPLEMENTARY INFORMATION: Congress To address future agreements of this procurements from prohibited sources) authorized the United States to enter nature, this final rule applies to any does not require a waiver and is hereby into executive agreements with foreign executive agreement under 18 U.S.C. authorized. governments under which the parties 2523 that either designates the Attorney (e) For purchases of essential medical afford each other reciprocal rights of General or the Department of Justice as supplies to address the COVID–19 access to data covered by such the Designated Authority or authorizes pandemic, waivers shall be authorized agreements in response to qualifying, the Attorney General to designate a to the United States only, to the lawful orders. See Clarifying Lawful Designated Authority, and for which the cooperating/recipient country, and/or to Overseas Use of Data Act, Public Law Attorney General has designated the a nearby country. Nearby country means 115–141, Div. V, Section 105(a) (March Criminal Division as such authority.
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Administrative Procedure Act—5 Executive Order 12988—Civil Justice General to designate a Designated U.S.C. 553 Reform Authority, and for which the Attorney General has designated the Criminal This rule is a rule of agency This rule was drafted in accordance with the applicable standards set forth Division as such authority. The organization and relates to a matter Assistant Attorney General in charge of relating to agency management and is in sections 3(a) and 3(b)(2) of Executive Order 12988. the Criminal Division is authorized to therefore exempt from the requirements delegate this authority to the Deputy of prior notice and comment and a 30- Unfunded Mandates Reform Act of Assistant Attorneys General in the day delay in the effective date. See 5 1955 Criminal Division, and to the Director, U.S.C. 553(a)(2), 553(b)(3)(A), 553(d). This rule will not result in the the Deputy Directors and Associate Regulatory Flexibility Act expenditure by State, local and tribal Directors of the Office of International governments, in the aggregate, or by the Affairs. The Attorney General, in accordance private sector of $100,000,000 or more with the Regulatory Flexibility Act (5 Dated: October 19, 2020. in any one year (adjusted annually for William P. Barr, U.S.C. 605(b)), has reviewed this inflation), and it will not significantly or Attorney General. regulation and by approving it certifies uniquely affect small governments. that this regulation will not have a Therefore, no actions were deemed [FR Doc. 2020–23561 Filed 10–20–20; 4:15 pm] significant economic impact on a necessary under the provisions of the BILLING CODE 4410–14–P substantial number of small entities Unfunded Mandates Reform Act of because it pertains to personnel and 1995. administrative matters affecting the FEDERAL COMMUNICATIONS Department. Further, a Regulatory Congressional Review Act COMMISSION Flexibility Analysis is not required to be This action pertains to agency prepared for this final rule because the management, personnel, and 47 CFR Parts 9 and 64 Department was not required to publish organization and does not substantially [CG Docket Nos. 03–123 and 10–51; PS a general notice of proposed rulemaking affect the rights or obligations of non- Docket Nos. 18–261 and 17–239; GN Docket for this matter. 5 U.S.C. 604(a). agency parties and, accordingly, is not No. 11–117; FCC 19–39, FCC 19–76 and FCC 20–7; FRS 17091] Executive Orders 12866, 13563, and a ‘‘rule’’ as that term is used by the 13771—Regulatory Review Congressional Review Act, 5 U.S.C. 804(3)(B), (C). Therefore, the reporting Improving Video Relay Service and This action has been drafted and requirement of 5 U.S.C. 801 does not Direct Video Calling; Implementing reviewed in accordance with section apply. Kari’s Law and Section 506 of RAY BAUM’S Act; Inquiry Concerning 911 1(b) of Executive Order 12866, List of Subjects in 28 CFR Part 0 ‘‘Regulatory Planning and Review,’’ and Access, Routing and Location in section 1(b) of Executive Order 13563, International Agreements, Treaties. Enterprise Communications Systems; ‘‘Improving Regulation and Regulatory Accordingly, by virtue of the Amending the Definition of Review.’’ This rule is limited to agency authority vested in me as Attorney Interconnected VoIP Service; Video organization, management, and General, including 5 U.S.C. 301 and 28 Relay Service Call Handling personnel as described in section 3(d)(3) U.S.C. 509 and 510, part 0 of title 28 of AGENCY: Federal Communications of Executive Order 12866 and, therefore, the Code of Federal Regulations is Commission. is not a ‘‘regulation’’ or ‘‘rule’’ as amended as follows: ACTION: Final rule; announcement of defined by the order. Accordingly, this effective and compliance dates. action has not been reviewed by the PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE Office of Management and Budget. SUMMARY: In this document, the This rule is not subject to the ■ 1. The authority citation for part 0 Commission announces that the Office requirements of Executive Order 13771, continues to read as follows: of Management and Budget (OMB) has approved, for a period of three years, the ‘‘Reducing Regulation and Controlling Authority: 5 U.S.C. 301; 28 U.S.C. 509, Regulatory Costs,’’ because it is not a 510, 515–519. information collection associated with significant regulatory action under rules adopted in the Commission’s ■ Executive Order 12866, and because it 2. Section 0.64–6 is added to subpart documents Structure and Practices of is ‘‘related to agency organization, K to read as follows: the Video Relay Service Program, et. al, management, or personal’’ and thus not § 0.64–6 Designated Authority under Report and Orders, FCC 19–39 and FCC a ‘‘rule’’ under section 4(b) of Executive executive agreements on access to data by 20–7; and Implementing Kari’s Law and Order 13771. foreign governments. Section 506 of RAY BAUM’S Act, et. al, Report and Order, FCC 19–76, (Orders) Executive Order 13132—Federalism The Assistant Attorney General in charge of the Criminal Division shall and that the associated new or modified This rule will not have substantial have the authority and perform the rules are now required. This document direct effects on the States, on the functions of the ‘‘Designated Authority’’ is consistent with the Orders, which relationship between the national (or like designation) under executive stated that the Commission would government and the States, or on agreements between the United States of publish a document in the Federal distribution of power and America and other countries regarding Register announcing the effective and responsibilities among the various access to data by foreign governments, compliance dates of those rules. levels of government. Therefore, in negotiated pursuant to the authority in DATES: accordance with Executive Order 13132, 18 U.S.C. 2523. This delegation applies Effective date: The rule is effective it is determined that this rule does not to executive agreements that either October 23, 2020. The amendments to have sufficient federalism implications designate the Attorney General or the §§ 64.611, 64.613, and 64.615, to warrant the preparation of a Department of Justice as the Designated published at 84 FR 26364, June 6, 2019, federalism summary impact statement. Authority or authorize the Attorney and §§ 64.604 and 64.606, published at
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85 FR 27309, May 8, 2020, are effective Synopsis Twenty-First Century Communications October 23, 2020. As required by the Paperwork and Video Accessibility Act of 2010, Compliance date: Compliance with Reduction Act of 1995 (44 U.S.C. 3507), Public Law 111–260, §103(a), 124 Stat. §§ 9.14(d)(2)(ii)–(iii), 9.14(d)(2)(v), the FCC is notifying the public that it 2751, 2755 (2010) (CVAA); Public Law 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), received OMB approval on August 31, 111–265 (technical amendments to and 9.14(e)(4), published at 84 FR 2020, for the information collection CVAA). 66716, December 5, 2019, is required as Total Annual Burden: 329,582 hours. requirements contained in the Total Annual Cost: $261,000. of January 6, 2021, for fixed services, Commission’s rules at §§ 9.14(d)(2)(ii)– Nature and Extent of Confidentiality: and January 6, 2022, for non-fixed (iii), 9.14(d)(2)(v), 9.14(d)(4), Confidentiality is an issue to the extent services. 9.14(e)(2)(ii), 9.14(e)(2)(iv), 9.14(e)(4), that individuals and households 64.604, 64.606, 64.611, 64.613, and FOR FURTHER INFORMATION CONTACT: provide personally identifiable 64.615. Michael Scott, Disability Rights Office, information, which is covered under the Under 5 CFR 1320, an agency may not FCC’s updated system of records notice Consumer and Governmental Affairs conduct or sponsor a collection of Bureau, at (202) 418–1264, or email: (SORN), FCC/CGB–4, ‘‘Internet-based information unless it displays a current, Telecommunications Relay Service-User [email protected]; or Thomas Eng, valid OMB Control Number. Electronics Engineer, Policy and Registration Database (ITRS–URD).’’ As No person shall be subject to any required by the Privacy Act, 5 U.S.C. Licensing Division, Public Safety and penalty for failing to comply with a Homeland Security Bureau, at (202) 552a, the Commission also published a collection of information subject to the SORN, FCC/CGB–4 ‘‘Internet-based 418–0019, or email: Thomas.Eng@ Paperwork Reduction Act that does not fcc.gov. Telecommunications Relay Service-User display a current, valid OMB Control Registration Database (ITRS–URD),’’ in SUPPLEMENTARY INFORMATION: This Number. The OMB Control Number is the Federal Register on February 9, document announces that, on August 3060–1089. 2015 (80 FR 6963) which became 31, 2020, OMB approved, for a period of The foregoing notice is required by effective on March 23, 2015. three years, the information collection the Paperwork Reduction Act of 1995, Privacy Impact Assessment: This requirements contained in the Public Law 104–13, October 1, 1995, information collection affects Commission’s Orders, FCC 19–39, and 44 U.S.C. 3507. individuals or households. As required published at 84 FR 26364, June 6, 2019; The total annual reporting burdens by the Office of Management and FCC 19–76, published at 84 FR 66716, and costs for the respondents are as Budget Memorandum M–03–22 December 5, 2019; and FCC 20–7, follows: (September 26, 2003), the FCC is in the published at 85 FR 27309, May 8, 2020. OMB Control Number: 3060–1089. process of completing the Privacy The OMB Control Number is 3060– OMB Approval Date: August 31, 2020. Impact Assessment. 1089. The Commission publishes this OMB Expiration Date: August 31, Needs and Uses: The notice as an announcement of the 2023. telecommunications relay service (TRS) effective and compliance dates of the Title: Structure and Practices of the program enables access to the nation’s rules. If you have any comments on the Video Relay Service Program; telephone network by persons with burden estimates listed below, or how Telecommunications Relay Services and hearing and speech disabilities. In 1991, the Commission can improve the Speech-to-Speech Services for as required by the Americans with collections and reduce any burdens Individuals with Hearing and Speech Disabilities Act and codified at 47 caused thereby, please contact Cathy Disabilities, CG Docket Nos. 10–51 & U.S.C. 225, the Commission adopted Williams, Federal Communications 03–123. rules governing the TRS program and Commission, Room 1–C823, 445 12th Form Number: N/A. procedures for each state TRS program Street SW, Washington, DC 20554. Type of Review: Revision of a to apply for initial Commission Please include the OMB Control currently approved collection. certification and renewal of Commission Number, 3060–1089, in your Respondents: Business or other for- certification of each state program. correspondence. The Commission will profit entities; Individuals or Telecommunications Services for also accept your comments via the households; Not-for-profit institutions; Individuals with Hearing and Speech internet if you send them to PRA@ State, Local or Tribal Government. Disabilities, and the Americans with fcc.gov. Number of Respondents and Disabilities Act of 1990, Report and Responses: 202,021 respondents; Order and Request for Comments, To request materials in accessible 1,846,406 responses. document FCC 91–213, published at 56 formats for people with disabilities Estimated Time per Response: .05 FR 36729, August 1, 1991 (1991 TRS (Braille, large print, electronic files, hours (3 minutes) to 300 hours. Implementation Order). audio format), send an email to fcc504@ Frequency of Response: Annual, Between 2008 and 2011, to integrate fcc.gov or call the Consumer and monthly, on occasion, on-going, one- internet-based TRS into the North Governmental Affairs Bureau at (202) time, and quarterly reporting American Numbering plan and facilitate 418–0530 (voice) or (202) 418–0432 requirements; Recordkeeping interoperability, universal calling, and (TTY). requirement; and Third-Party Disclosure 911 emergency services, the This document also removes § 9.14(f) requirements. Commission adopted rules in three of the Commission’s rules, which Obligation to Respond: Required to separate orders related to the telephone advised that compliance with obtain or retain benefits. The statutory numbering system and enhanced 911 §§ 9.14(d)(2)(ii)–(iii), 9.14(d)(2)(v), authority for the collection is contained (E911) services for users of two forms of 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), in section 225 of the Communications internet-based TRS: Video Relay Service and 9.14(e)(4), respectively, was not Act, 47 U.S.C. 225. The law was enacted (VRS) and Internet Protocol Relay required until OMB approval of the on July 26, 1990, as Title IV of the service (IP Relay). See document FCC information collection and Americans with Disabilities Act of 1990 08–151, Report and Order and Further recordkeeping requirements was (ADA), Public Law 101–336, 104 Stat. Notice of Proposed Rulemaking, obtained. 327, 366–69, and amended by the published at 73 FR 41286, July 18, 2008
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(First Numbering Order); document FCC for Individuals with Hearing and Speech centralized eligibility verification 08–275, Second Report and Order and Disabilities, Report and Order and requirement to ensure accurate Order on Reconsideration, published at Further Notice of Proposed Rulemaking, registration and verification of users, as 73 FR 79683, December 30, 2008 document FCC 13–82, published at 78 well as per-call validation, to achieve (Second Numbering Order); and FR 40582, July 5, 2013 (2013 VRS more effective prevention of waste, document FCC 11–123, Report and Reform Order). fraud, and abuse; established Order, published at 76 FR 59551, The VRS Certification Order as procedures to prevent unauthorized September 27, 2011 (iTRS Toll Free modified by the VRS Certification changes of a user’s default TRS Order). Reconsideration and, as applicable, provider; and established procedures to The rules adopted in these three made permanent by the 2013 VRS protect TRS users’ customer proprietary orders have information collection Reform Order, amended the network information (CPNI) from requirements that include requiring VRS Commission’s process for certifying disclosure. and IP Relay providers to: Register each internet-based TRS (iTRS) providers as On March 23, 2017, the Commission user who selects the provider as his or eligible for payment from the Interstate released Structure and Practices of the her default provider, including TRS Fund (Fund) for their provision of Video Relay Services Program et al., obtaining a self-certification from each iTRS to ensure that iTRS providers FCC 17–26, published at 82 FR 17754, user; verify the accuracy of each user’s receiving certification are qualified to April 13, 2017, (2017 VRS information; provision and maintain provide iTRS in compliance with the Improvements Order), which among their registered users’ routing Commission’s rules and to eliminate other things, allows VRS providers to information to the TRS Numbering waste, fraud and abuse through assign TRS Numbering Directory 10- Directory; place their users’ Registered improved oversight of such providers. digit telephone numbers to hearing Location and certain callback They contain information collection individuals for the limited purpose of information in Automatic Location requirements including: Submission of making point-to-point video calls, and Information (ALI) databases across the detailed information in an application gives VRS providers the option to country and provide a means for their for certification that shows the participate in an at-home call handling users to update their Registered applicant’s ability to comply with the pilot program, subject to certain Locations; include advisories on their Commission’s rules; submission of limitations, as well as recordkeeping websites and in any promotional annual reports that include updates to and reporting requirements. materials addressing numbering and the provider’s information on file with On May 15, 2019, the Commission E911 services for VRS or IP Relay; verify the Commission or a certification that released Structure and Practices of the in the TRS Numbering Directory there are no changes to the information; Video Relay Service Program; whether each dial-around user is requirements for a senior executive of Telecommunications Relay Services and registered with another provider; and if an applicant for iTRS certification or an Speech-to-Speech Services for they provide equipment to a consumer, iTRS provider, when submitting an Individuals with Hearing and Speech make available to other VRS providers annual compliance report, to certify Disabilities, FCC 19–39, published at 84 enough information about that under penalty of perjury that all FR 26364, June 6, 2019 (2019 VRS equipment to enable another VRS information required under the Program Management Order). The provider selected as the consumer’s Commission’s rules and orders has been Commission further improved the default provider to perform all of the provided and all statements of fact, as structure, efficiency, and quality of the functions of a default provider. well as all documentation contained in VRS program, reduced the risk of waste, On July 28, 2011, the Commission the submission, are true, accurate, and fraud, and abuse, and ensured that the released Structure and Practices of the complete; requirements for VRS program makes full use of advances in Video Relay Service Program, document providers to obtain prior authorization commercially-available technology. FCC 11–118, published at 76 FR 47469, from the Commission for planned These improvements include August 5, 2011, and at 76 FR 47476, interruptions of service, to report to the information collection requirements, August 5, 2011 (VRS Certification Commission unforeseen interruptions of including: The establishment of Order), adopting final and interim service, and to provide notification of procedures to register enterprise and rules—designed to help prevent waste, temporary service outages, including public videophones to the TRS–URD; fraud, and abuse, and ensure quality updates, to consumers on their websites; and permitting Qualified Direct Video service, in the provision of internet- and requirements for iTRS providers Calling (DVC) Entities to access the TRS based forms of Telecommunications that will no longer be providing service Numbering Directory and establishing Relay Services (iTRS). On October 17, to give their customers at least 30-days an application procedure to authorize 2011, the Commission released notice. such access, including rules governing Structure and Practices of the Video In the 2013 VRS Reform Order, the DVC entities and entry of information in Relay Service Program, Memorandum Commission also adopted further the TRS Numbering Directory and the Opinion and Order, Order, and Further measures to improve the structure, TRS–URD. Notice of Proposed Rulemaking, efficiency, and quality of the video relay On August 2, 2019, the Commission document FCC 11–155, published at 76 service (VRS) program, reducing the released Implementing Kari’s Law and FR 67070, October 31, 2011 (VRS noted inefficiencies in the program, as Section 506 of RAY BAUM’S Act; Certification Reconsideration Order), well as reducing the risk of waste, fraud, Inquiry Concerning 911 Access, Routing, modifying two aspects of information and abuse, and ensuring that the and Location in Enterprise collection requirements contained in the program makes full use of advances in Communications Systems; Amending VRS Certification Order. On June 10, commercially-available technology. The the Definition of Interconnected VoIP 2013, the Commission made permanent Commission required reporting of Service in Section 9.3 of the the interim rule adopted in the VRS unauthorized and unnecessary use of Commission’s Rules, FCC 19–76, Certification Order. Structure and VRS; established a central published at 84 FR 66716, December 5, Practices of the Video Relay Service telecommunications relay services 2019 (MLTS 911 and Dispatchable Program; Telecommunications Relay (TRS) user registration database (TRS– Location Order). The Commission Services and Speech-to-Speech Services URD) for VRS, which incorporates a amended its rules to ensure that the
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dispatchable location is conveyed to a List of Subjects calling services. For the limited Public Safety Answering Point (PSAP) circumstances in which the components 47 CFR Part 9 with a 911 call, regardless of the may be distinguished, inmate service technological platform used. Based on Communications; Communications providers are subject to the the directive in section 506 of RAY common carriers, Communications Commission’s ancillary service charge BAUM’S Act, the Commission adopted equipment, Reporting and rules, which constrain providers to only dispatchable location requirements that recordkeeping requirements, Satellites, five specific types of ancillary service in effect modified the existing Security measures, charges and related fee caps. The Telecommunications, Telephone. information collection requirements Commission also reinstated its rule prohibiting providers from marking up applicable to VRS, IP Relay, and 47 CFR Part 64 mandatory taxes or fees and adopted covered IP CTS by improving the Individuals with disabilities, rule changes in response to the D.C. options for providing accurate location Telecommunications, Circuit that clarify that the information to PSAPs as part of 911 Telecommunications relay services. Commission’s inmate calling service calls. Federal Communications Commission. rate and fee cap rules apply only to Fixed internet-based TRS devices Marlene Dortch, interstate and international inmate must provide automated dispatchable calling services. Secretary, Office of the Secretary. location. For non-fixed devices, when DATES: The rules adopted in this dispatchable location is not technically For the reasons discussed in the document take effect on November 23, feasible, internet-based TRS providers preamble, the Federal Communications 2020. may fall back to Registered Location or Commission amends 47 CFR part 9 as ADDRESSES: Federal Communications provide alternative location follows: Commission, 445 12th Street SW, information. As a last resort, internet- PART 9—911 REQUIREMENTS Washington, DC 20554. based providers may route calls to FOR FURTHER INFORMATION CONTACT: Emergency Relay Calling Centers after ■ 1. The authority citation for part 9 Amy Goodman, Pricing Policy Division making a good faith effort to obtain continues to read as follows: of the Wireline Competition Bureau, at location data from all available Authority: 47 U.S.C. 151–154, 152(a), (202) 418–1549 or via email at alternative location sources. 155(c), 157, 160, 201, 202, 208, 210, 214, 218, [email protected]. Dispatchable location means a location 219, 222, 225, 251(e), 255, 301, 302, 303, 307, SUPPLEMENTARY INFORMATION: This is a delivered to the PSAP with a 911 call 308, 309, 310, 316, 319, 332, 403, 405, 605, final rule summary of the Commission’s that consists of the validated street 610, 615, 615 note, 615a, 615b, 615c, 615a– Report and Order, released August X, 1, 616, 620, 621, 623, 623 note, 721, and 2020. A full-text version of this address of the calling party, plus 1471, unless otherwise noted. additional information such as suite, document can be obtained from the apartment or similar information § 9.14 [Amended] following internet address: https:// docs.fcc.gov/public/attachments/FCC- necessary to adequately identify the ■ 2. Amend § 9.14 by removing 20-111A1.pdf. location of the calling party. Automated paragraph (f). dispatchable location means automatic [FR Doc. 2020–21316 Filed 10–22–20; 8:45 am] Synopsis generation of dispatchable location. BILLING CODE 6712–01–P I. Introduction Alternative location information is 1. The Communications Act divides location information (which may be jurisdiction for regulating coordinate-based) sufficient to identify FEDERAL COMMUNICATIONS communications services, including the caller’s civic address and COMMISSION inmate calling services, between the approximate in-building location, 47 CFR Part 64 Commission and the states. Specifically, including floor level, in large buildings. the Act empowers the Commission to On January 31, 2020, the Commission [WC Docket No. 12–375, FCC 20–111; FRS regulate interstate communications released Structure and Practices of the 17047] services and preserves for the states Video Relay Service Program; jurisdiction over intrastate Rates for Interstate Inmate Calling communications services. Because the Telecommunications Relay Services and Services Speech-to-Speech Services for Commission has not always respected Individuals with Hearing and Speech AGENCY: Federal Communications this division, the U.S. Court of Appeals Disabilities, FCC 20–7, published at 85 Commission. for the District of Columbia Circuit has FR 27309, May 8, 2020 (VRS At-Home ACTION: Final rule. twice remanded the agency’s efforts to Call Handling Order). The Commission address rates and charges for inmate SUMMARY: In this document, the amended its rules to convert the VRS at- calling services. Commission continues to 2. Today, the Commission responds to home call handling pilot program into a comprehensively reform inmate calling the court’s remands and takes action to permanent one, thereby allowing CAs to services rates and charges to ensure just comprehensively reform inmate calling work from home. To ensure user privacy and reasonable rates for interstate and services rates and charges. First, the and call confidentiality and to help international inmate calling services. In Commission addresses the D.C. Circuit’s prevent waste, fraud, and abuse, the response to a directive from the United directive that it consider whether modified information collections States Court of Appeals for the District ancillary service charges—separate fees include requirements for VRS providers of Columbia Circuit, the Commission that are not included in the per-minute to apply for certification to allow their determined that, except in limited rates assessed for individual inmate communications assistants to handle circumstances, it is impractical to calling services calls—can be segregated calls while working at home; monitoring separate out the intrastate and intrastate into interstate and intrastate and oversight requirements; and components of ancillary service charges components for the purpose of reporting requirements. imposed in connection with inmate excluding the intrastate components
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from the reach of its rules. The Act. This regulatory authority includes Commission attempted to adopt a Commission finds that ancillary service ensuring that ‘‘[a]ll charges, practices, comprehensive framework for interstate charges generally cannot be practically classifications, and regulations for and and intrastate inmate calling services. segregated between the interstate and in connection with’’ interstate or More specifically, the Commission intrastate jurisdictions except in the international communications services adopted limits on ancillary service limited number of cases where, at the are ‘‘just and reasonable’’ in accordance charges; set rate caps for interstate and time a charge is imposed and the with section 201(b) of the Act. Section intrastate inmate calling services calls; consumer accepts the charge, the call to 201(b) also provides that ‘‘[t]he extended the interim interstate rate caps which the service is ancillary is a Commission may prescribe such rules it adopted in 2013 to intrastate calls clearly intrastate-only call. As a result, and regulations as may be necessary in pending the effectiveness of the new inmate calling services providers are the public interest to carry out’’ these rate caps; and sought comment on generally prohibited from imposing any provisions. whether and how to reform rates for ancillary service charges other than 6. Section 2(b) of the Act preserves for international inmate calling services those permitted by the Commission’s the states jurisdiction over ‘‘charges, calls. The Commission also addressed rules and providers are generally classifications, practices, services, inmate calling services providers’ ability prohibited from imposing charges in facilities, or regulations for or in to recover mandatory applicable pass- excess of the Commission’s applicable connection with intrastate through taxes and regulatory fees. ancillary service fee caps. communication service.’’ The Additionally, the Commission adopted a 3. The Commission believes that its Commission is thus ‘‘ ‘generally Second Mandatory Data Collection to actions today will ensure that rates and forbidden from entering the field of enable it to identify trends in the market charges for interstate and international intrastate communication service, and adopt further reform, and it inmate calling services are just and which remains the province of the required inmate calling services reasonable as required by section 201(b) states.’ ’’ Stated differently, section 2(b) providers to annually report information of the Act and thereby enable ‘‘erects a presumption against the on their operations, including their incarcerated individuals and their loved Commission’s assertion of regulatory current interstate, intrastate, and ones to maintain critical connections. At authority over intrastate international rates and their current the same time, given that the vast communications.’’ ancillary service charge amounts. In the majority of calls made by incarcerated 7. Although the Telecommunications 2016 ICS Reconsideration Order, the individuals are intrastate calls, the Act of 1996 ‘‘chang[ed] the FCC’s Commission increased its rate caps to Commission urges its state partners to authority with respect to some intrastate account for certain correctional facility take action to address the egregiously activities,’’ ‘‘the strictures of [section costs related to the provision of inmate high intrastate inmate calling services 2(b)] remain in force.’’ That is, ‘‘[i]nosfar calling services. rates across the country. as Congress has remained silent ..., [section 2(b)] continues to function.’’ 9. The Commission’s attempts to II. Background Thus, while section 276 of the Act reform inmate calling services rates and 4. Access to affordable specifically directs the Commission to charges have a long history in the courts communications services is critical for ensure that payphone service providers, and have not always been well received. all Americans, including incarcerated including inmate calling services In January 2014, in response to inmate members of our society. Studies have providers, ‘‘are fairly compensated for calling services providers’ petitions for long shown that incarcerated each and every completed intrastate and review of the 2013 ICS Order, the D.C. individuals who have regular contact interstate call using their payphone,’’ Circuit stayed the application of certain with family members are more likely to that provision does not authorize the portions of that Order but allowed the succeed after release and have lower Commission to regulate intrastate rates. Commission’s interim rate caps to recidivism rates. Unlike virtually every Nor does section 276 give the remain in effect. Later that year, the other American, however, incarcerated Commission the authority to determine court held the petitions for review in people and the individuals they call ‘‘just and reasonable’’ rates. abeyance while the Commission have no choice in their telephone 8. Prior Commission Actions. The proceeded to set permanent rates. In service provider. Instead, their only Commission has taken repeated action March 2016, in response to inmate option is typically an inmate calling to address inmate calling services rates calling services providers’ petitions for services provider chosen by the and charges. In the 2012 ICS Notice, the review of the 2015 ICS Order, the D.C. correctional facility that, once chosen, Commission sought comment on Circuit stayed the application of that operates as a monopolist. Absent whether to establish rate caps for Order’s rate caps and ancillary service effective regulation, rates for inmate interstate inmate calling services calls. charge cap for single-call services while calling services calls can be unjustly In the 2013 ICS Order, the Commission the appeal was pending. Later that and unreasonably high and thereby established interim interstate rate caps month, the court stayed the application impede the ability of incarcerated for debit and prepaid calls as well as of the Commission’s interim rate caps to individuals and their loved ones to collect calls and required all inmate intrastate inmate calling services. In maintain vital connections. calling services providers to submit data November 2016, the court stayed the 5. Statutory Background. The (hereinafter, the First Mandatory Data 2016 ICS Reconsideration Order Communications Act of 1934, as Collection) on their underlying costs so pending the outcome of the challenge to amended (the Act) establishes a system that the agency could develop a the 2015 ICS Order. In 2017, in GTL v. of regulatory authority that divides permanent rate structure. In the 2014 FCC, the D.C. Circuit vacated the rate power over interstate, intrastate, and ICS Notice, the Commission sought caps in the 2015 ICS Order, finding that international communications services comment on reforming charges for the Commission lacked the statutory between the Commission and the states. services ancillary to the provision of authority to regulate intrastate rates and More specifically, section 2(a) of the Act inmate calling services and on that the methodology used to set the empowers the Commission to regulate establishing rate caps for both interstate caps was arbitrary and capricious. The ‘‘interstate and foreign communication and intrastate inmate calling services court remanded for further proceedings by wire or radio’’ as provided by the calls. In the 2015 ICS Order, the with respect to certain rate cap issues;
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remanded the ancillary service charge intrastate. In particular, the Commission 15. Rate Caps. In the 2013 ICS Order, caps in that Order; and vacated one of held that ‘‘section 276 of the Act in light of record evidence that rates for the annual reporting requirements in authorizes the Commission to regulate inmate calling services calls greatly that Order. charges for intrastate ancillary services.’’ exceeded the reasonable costs of 10. Because this procedural history is On review, the D.C. Circuit held that providing service, the Commission somewhat complicated, the Commission ‘‘the Order’s imposition of ancillary fee adopted interim interstate rate caps of provides background on the relevant caps in connection with interstate calls $0.21 per minute for debit and prepaid issues in turn below. is justified’’ given the Commission’s calls and $0.25 per minute for collect 11. Ancillary Service Charges. ‘‘plenary authority to regulate interstate calls. In the 2015 ICS Order, in light of Ancillary service charges are fees that rates under § 201(b), including ‘‘egregiously high’’ rates for intrastate inmate calling services providers assess ‘practices . . . for and in connection inmate calling services calls, the on inmate calling service consumers with’ interstate calls.’’ The court held, Commission relied on section 276 and that are not included in the per-minute however, that just as the Commission section 201(b) of the Act to adopt rate rates assessed for individual calls. In the lacks authority to regulate intrastate caps for both intrastate and interstate 2015 ICS Order, in light of the rates pursuant to section 276, the inmate calling services calls. The continued growth in the number and Commission likewise ‘‘had no authority Commission set tiered rate caps of $0.11 dollar amount of ancillary service to impose ancillary fee caps with per minute for prisons; $0.14 per minute charges, and the fact that such charges respect to intrastate calls.’’ Because the for jails with average daily populations inflate the effective price that court could not ‘‘discern from the record of 1,000 or more; $0.16 per minute for consumers pay for inmate calling whether ancillary fees can be segregated jails with average daily populations of services, the Commission adopted between interstate and intrastate calls,’’ 350 to 999; and $0.22 per minute for reforms to limit such charges. The it remanded the issue ‘‘to allow the jails having average daily populations of Commission established five types of Commission to determine whether it less than 350. The Commission permissible ancillary service charges, can segregate [the ancillary fee] caps on calculated these rate caps using which are defined as follows: (1) Fees interstate calls (which are permissible) industry-wide average costs and stated for Single-Call and Related Services— and the [ancillary fee] caps on intrastate that this approach would allow billing arrangements whereby an calls (which are impermissible).’’ providers to ‘‘recover average costs at incarcerated person’s collect calls are 13. Mandatory Pass-Through Taxes each and every tier.’’ Additionally, the billed through a third party on a per-call and Fees. In the 2015 ICS Order, the Commission held that site basis, where the called party does not Commission found record evidence that commissions—payments made by have an account with the inmate calling inmate calling services providers were inmate calling services providers to services provider or does not want to charging end users fees under the guise correctional facilities or state authorities establish an account; (2) Automated of taxes. The Commission therefore held that are often required to win the Payment Fees—credit card payment, that such providers ‘‘are permitted to contract for provision of service to a debit card payment, and bill processing recover mandatory-applicable pass- given facility—were not costs fees, including fees for payments made through taxes and regulatory fees, but reasonably related to the provision of by interactive voice response, web, or without any additional mark-up or inmate calling services. The kiosk; (3) Third-Party Financial fees.’’ To implement this determination, Commission therefore excluded site Transaction Fees—the exact fees, with the Commission added rules governing commission payments from the cost no markup, that inmate calling services an ‘‘Authorized Fee’’ and a ‘‘Mandatory data used to set the rate caps. providers are charged by third parties to Tax or Mandatory Fee.’’ The rule 16. On reconsideration in 2016, the transfer money or process financial regarding authorized fees included Commission increased the rate caps for transactions to facilitate a consumer’s language precluding markups in the both interstate and intrastate inmate ability to make account payments via a absence of specific governmental calling services to expressly account for third party; (4) Live Agent Fees—fees authorization. The rule regarding correctional facility costs that are associated with the optional use of a mandatory taxes or fees, however, directly and reasonably related to the live operator to complete inmate calling contained no parallel language. To provision of inmate calling services. The services transactions; and (5) Paper Bill/ correct this oversight, the Commission Commission set the revised rate caps at Statement Fees—fees associated with amended the rule in the 2016 ICS $0.13 per minute for prisons; $0.19 per providing customers of inmate calling Reconsideration Order to specify: ‘‘A minute for jails with average daily services an optional paper billing Mandatory Tax or Fee that is passed populations of 1,000 or more; $0.21 per statement. The Commission then through to a Consumer may not include minute for jails with average daily capped the amount of each of these a markup, unless the markup is populations of 350 to 999; and $0.31 per charges and prohibited inmate calling specifically authorized by a federal, minute for jails with average daily services providers from assessing any state, or local statute, rule, or populations of less than 350. other ancillary service charges. The D.C. regulation.’’ 17. On review, the D.C. Circuit in GTL Circuit stayed the rule setting the 14. On review, the D.C. Circuit v. FCC vacated the rate caps adopted in ancillary service charge cap for single- vacated the 2016 ICS Reconsideration the 2015 ICS Order. First, the court held call services on March 7, 2016, before Order ‘‘insofar as it purport[ed] to set that the Commission lacked the the rest of the ancillary service charge rate caps on inmate calling service’’ and statutory authority to cap intrastate caps were to go into effect. Therefore, remanded ‘‘the remaining provisions’’ of inmate calling services rates. The court the ancillary service charge cap for that Order to the Commission ‘‘for explained that the Commission’s single-call services never became further consideration . . . in light of the authority over intrastate calls is, except effective. disposition of this case and other related as otherwise provided by Congress, 12. In the 2015 ICS Order, the cases.’’ As a result, the Commission’s limited by section 2(b) of the Act and Commission applied these caps to all rule governing Mandatory Taxes or nothing in section 276 of the Act services ancillary to inmate calling Mandatory Fees was vacated to the overcomes this limitation. In particular, services, regardless of whether the extent that it ‘‘purport[ed] to set rate section 276 ‘‘merely directs the underlying service was interstate or caps.’’ Commission to ‘ensure that all [inmate
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calling services] providers are fairly case and other related cases.’’ As a eliminated questions regarding video compensated’ for their inter- and result of the D.C. Circuit’s decisions in visitation from the annual reporting intrastate calls,’’ and it ‘‘is not a ‘general GTL and Securus, the interim rate caps form. grant of jurisdiction’ over intrastate that the Commission adopted in 2013 24. Second, the Bureau made ratemaking.’’ ($0.21 per minute for debit/prepaid calls additional revisions to the annual 18. Second, the D.C. Circuit held that and $0.25 per minute for collect calls) reporting form and instructions based the ‘‘Commission’s categorial exclusion are in effect for interstate inmate calling on its experience in analyzing past of site commissions from the calculus services calls. annual reports and based on formal and used to set [inmate calling services] rate 21. More Recent Developments. In the informal input from inmate calling caps defie[d] reasoned decisionmaking 2015 ICS Order, the Commission services providers, thereby making the because site commissions obviously are directed that the Second Mandatory annual reports easier to understand and costs of doing business incurred by Data Collection be conducted two years analyze. Bureau and OEA staff used the [inmate calling services] providers.’’ from publication of Office of April 2020 annual report responses to The court directed the Commission to Management and Budget (OMB) supplement their understanding of the ‘‘assess on remand which portions of approval of the information collection. Second Mandatory Data Collection site commissions might be directly The Commission received such responses. related to inmate calling services and approval in January 2017 and 25. Commission staff also analyzed therefore legitimate, and which are not.’’ publication occurred on March 1, 2017. the intrastate rate data submitted as part The court did not reach inmate calling Accordingly, on March 1, 2019, inmate of inmate calling services providers’ services providers’ remaining arguments calling services providers submitted most recent annual reports. Staff’s ‘‘that the exclusion of site commissions their responses to the Second analysis reveals that the vast majority of denies [them] fair compensation under Mandatory Data Collection. The inmate calls—roughly 80%—are [section] 276 and violates the Takings Commission’s Wireline Competition reported to be intrastate and that inmate Clause of the Constitution because it Bureau (Bureau) and Office of calling services providers are charging forces providers to provide services Economics and Analytics (OEA) egregiously high intrastate rates across below cost,’’ and it stated that the undertook a comprehensive analysis of the country. Intrastate rates for debit or Commission should address these issues the Second Mandatory Data Collection prepaid calls substantially exceed on remand once it revisits the exclusion responses and conducted multiple interstate rates in 45 states, with 33 of site commissions. follow-up discussions with inmate states allowing rates that are at least 19. Third, the D.C. Circuit held that calling services providers to supplement double the Commission’s cap and 27 the Commission’s use of industry-wide and clarify their responses. states allowing excessive ‘‘first-minute’’ averages in setting rate caps was 22. In February 2020, the Bureau charges up to 26 times that of the first arbitrary and capricious because it issued a public notice seeking to refresh minute of an interstate call. Indeed, lacked justification in the record and the record on ancillary service charges while interstate rates for the first minute was not supported by reasoned in light of the D.C. Circuit’s remand in and all subsequent minutes may not decisionmaking. More specifically, the GTL v. FCC. The Bureau sought exceed $0.25, inmate calling services court found the Commission’s use of a comment on, among other issues, (1) providers’ first-minute charges for weighted average per-minute cost to be whether each permitted inmate calling intrastate calls may range from $1.65 to ‘‘patently unreasonable’’ given that such services ancillary service charge may be $6.50. For example, one provider an approach made calls with above- segregated between interstate and reported the first-minute intrastate rate average costs unprofitable and thus did intrastate calls and, if so, how; (2) how of $5.341 and the additional per-minute ‘‘not fulfill the mandate of [section] 276 the Commission should proceed in the intrastate rate of $1.391 in Arkansas that ‘each and every’ ’’ call be fairly event any permitted ancillary service is while reporting the per-minute compensated. Additionally, the court ‘‘jurisdictionally mixed’’ and cannot be interstate rate of $0.21 for the same found that the 2015 ICS Order segregated between interstate and correctional facility. Similarly, another ‘‘advances an efficiency argument—that intrastate calls; and (3) any steps the provider reported the first-minute the larger providers can become Commission should take to ensure that intrastate rate of $6.50 and the profitable under the rate caps if they providers of interstate inmate calling additional per-minute intrastate rate of operate more efficiently—based on data services do not circumvent or frustrate $1.25 in Michigan while reporting the from the two smallest firms,’’ which the Commission’s ancillary service per-minute interstate rate of $0.25 for ‘‘represent less than one percent of the charge rules. the same correctional facility. Further, industry,’’ and that the Order did not 23. In April 2020, inmate calling Commission staff identified instances in account for conflicting record data. The services providers submitted data which a 15-minute intrastate debit or court therefore vacated this portion of pursuant to the Commission’s annual prepaid call costs as much as $24.80— the 2015 ICS Order and remanded to the reporting requirements and they did so almost seven times more than the Commission for further proceedings. using a revised annual reporting form maximum $3.15 that an interstate call of 20. Also in 2017, in Securus v. FCC, and accompanying instructions. First, the same duration would cost. the D.C. Circuit ordered the 2016 ICS the Bureau made minor revisions to the Reconsideration Order ‘‘summarily form and instructions in light of the D.C. III. Report and Order on Remand vacated insofar as it purports to set rate Circuit’s vacatur of the Commission’s 26. In this Report and Order on caps on inmate calling service’’ because annual reporting requirement for video Remand (Remand Order), the the revised rate caps in that Order were visitation services offered by inmate Commission responds to the D.C. ‘‘premised on the same legal framework calling services providers. The GTL Circuit’s directive in GTL v. FCC that and mathematical methodology’’ court held that the video visitation the Commission determine whether rejected by the court in GTL v. FCC. The services reporting requirement adopted ancillary service charges can be court remanded ‘‘the remaining in the 2015 ICS Order was ‘‘too segregated between interstate and provisions’’ of that Order to the attenuated to the Commission’s intrastate inmate telephone service Commission ‘‘for further consideration statutory authority to justify this calls. The Commission also amends its . . . in light of the disposition of this requirement.’’ Accordingly, the Bureau rule regarding mandatory pass-through
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taxes and fees in light of the court’s objective; and (3) state regulation would appellate court precedent on vacatur and remand in Securus v. FCC. ‘negate[ ] the exercise by the FCC of its jurisdictionally mixed services and the Additionally, the Commission revises own lawful authority’ because specific language of the D.C. Circuit in certain of its other inmate calling regulation of the interstate aspects of the GTL v. FCC (which remanded the issue services rules to comport with the D.C. matter cannot be ‘unbundled’ from of ‘‘whether ancillary fees can be Circuit’s decisions in those cases. regulation of the intrastate aspects.’’ segregated between interstate and When all three criteria are met, the intrastate calls’’ to the Commission ‘‘for A. Ancillary Service Charges Commission may regulate the further consideration’’), the Commission 27. The Commission finds that jurisdictionally mixed service falling finds that the D.C. Circuit did not ancillary service charges generally within the ‘‘impossibility exception’’ as instruct the Commission on how it cannot be practically segregated jurisdictionally interstate. should proceed if it were impossible or between the interstate and intrastate 30. Stated differently, where the impracticable to segregate some jurisdiction except in the limited Commission has jurisdiction under ancillary fees but instead left that number of cases where, at the time a section 201(b) of the Act to regulate question open for the Commission to charge is imposed and the consumer rates, charges, and practices of interstate resolve in the first instance. accepts the charge, the call to which the communications services, the service is ancillary is a clearly impossibility exception extends that 2. Applying the Commission’s Authority intrastate-only call. The record strongly authority to the intrastate portion of to Particular Ancillary Services supports this determination. As such, jurisdictionally mixed services ‘‘where 32. Single-Call Service (and Related providers are generally prohibited from it is impossible or impractical to Service) Fees. Where no prepaid or imposing any ancillary service charges separate the service’s intrastate from debit inmate calling services account in connection with inmate calling interstate components’’ and state has been established, an incarcerated services other than those specified in regulation of the intrastate component individual can make individual collect the Commission’s rules and providers would interfere with valid federal rules calls to family members or others. Third are generally prohibited from imposing applicable to the interstate component. parties assess fees on a per-call basis to charges in excess of the Commission’s As the Vonage Order made clear, ‘‘we bill the called family member or other applicable ancillary service fee caps. need not demonstrate absolute future party for such calls. In 2015, the Commission adopted rules that would 1. The Extent of the Commission’s impossibility to justify federal preclude inmate calling services Authority preemption here. The Commission need only show that interstate and intrastate providers from charging more than the 28. In creating a dual federal-state aspects of a regulated service or facility exact fee the third-party charges for regulatory regime to govern interstate are inseverable as a practical matter in these transactions, with no markup. and intrastate communications services light of prevailing technological and 33. Because single-call service is in sections 1 and 2(b) of the Act, economic conditions.’’ associated with a specific call, the Congress ‘‘attempt[ed] to divide the 31. The Bureau’s public notice Commission finds that the ancillary world of telephone regulation neatly seeking to refresh the record sought service can be jurisdictionally into two separate components.’’ comment on how the Commission determined based on the classification— However, ‘‘since most aspects of the should proceed in the event a permitted interstate or intrastate—of the communications field have overlapping ancillary service is ‘‘jurisdictionally underlying call. Single-call service (and interstate and intrastate components, mixed’’ and cannot be segregated related service) associated with an these two sections do not create a between interstate and intrastate calls. interstate call is subject to the simple division.’’ Decades of precedent No commenter disputed the Commission’s ancillary service charge reconciling these statutory provisions Commission’s authority to regulate rules. Single-call service (and related recognizes that the Commission may jurisdictionally mixed ancillary services service) associated with an intrastate regulate services having both interstate charges that cannot be segregated. call is beyond the reach of the and intrastate components, referred to Where a consumer of inmate calling Commission’s regulations. In the 2015 as ‘‘jurisdictionally mixed’’ services, services would incur an ancillary ICS Order, the Commission held that where it is impossible or impracticable service charge in connection with ‘‘for single call and related services, we to separate out their interstate and inmate telephone service and the charge permit ICS providers to charge the intrastate components. is not clearly and entirely applicable to amount of the third-party financial 29. Courts have recognized that as ‘‘a intrastate calling, the Commission transaction (with no markup) added to basic underpinning of our federal applies the impossibility exception a per-minute rate no higher than the system . . . state regulation will be criteria to determine whether that applicable rate cap.’’ However, the D.C. displaced to the extent that it stands as ancillary service charge should be Circuit stayed section 64.6020(b)(2) an obstacle to the accomplishment and subject to its authority and rules. The before that rule took effect. The D.C. execution of the full purposes and Commission rejects one federal District Circuit in GTL remanded the objectives of Congress.’’ Thus, although Court’s suggestion that GTL v. FCC held ‘‘imposition of ancillary fee caps’’ in the the Commission is ‘‘generally forbidden that the Commission may not cap 2015 ICS Order without specifically from entering the field of intrastate ancillary fees ‘‘except to the extent those addressing the effect of that remand on communication service,’’ courts have for interstate calls ‘can be segregated’ the single-call service rule or dissolving interpreted the Act and the Supremacy from intrastate calls.’’ As Pay Tel points the court’s earlier stay of that rule. The Clause of the U.S. Constitution to allow out, the District Court did ‘‘not engage ‘‘no-mark-up’’ portion of the single-call federal regulation of the intrastate in the relevant preemption analysis— service rule never became effective. portion of jurisdictionally mixed indeed not once [did] the decision even Because the D.C. Circuit remanded services in spite of section 2(b) where: mention the term ‘mixed jurisdiction.’ ’’ section 64.6020(b)(2) without vacating, ‘‘(1) the matter to be regulated has both And no party argues that Mojica v. finding fault, or otherwise addressing interstate and intrastate aspects; (2) FCC Securus provides the appropriate the no-markup clause, the Commission preemption [regulation] is necessary to reading of GTL v. FCC. Given the long reinstates section 64.6020(b)(2) today for protect a valid federal regulatory history of Supreme Court and federal the same reasons it adopted this
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prohibition in 2015. Nothing in the numbers (even if that telephone number 39. As with automated payments, record of this proceeding since that time must go through a screening process because third-party financial suggests the Commission should refrain before it is authorized) may be transactions typically fund accounts from doing so, and hence it has good inherently jurisdictionally mixed. before calls are placed or associated fees cause to reinstate section 64.6020(b)(2) Because automated payments typically are incurred, it is generally impossible without further notice and comment. are made to fund accounts before calls to know whether the fees will be 34. Automated Payment Fees. are completed or fees are incurred, the applied to interstate calls, intrastate Automated payments fund prepaid or record suggests that it may be calls, or a mix of the two. Therefore, debit accounts that can be used to pay impractical, if not impossible, to third-party financial transactions are for inmate calling services. Inmate connect these payments to any specific generally jurisdictionally mixed and calling services consumers typically subsequent calls made. When subject to the Commission’s ancillary make these payments to fund their automated payments cannot be service charge rules in the same way as accounts to pay for future calls to family segregated by jurisdiction, they are automated payments. The Commission or other loved ones and any associated subject to the Commission’s ancillary declines in this Order to consider ancillary services charge fees. These service charge rules. NCIC’s suggestion that it further cap payments occur through multiple 36. The Commission recognizes, third-party processing fees. Setting aside methods or types of transactions however, that automated payments are whether the Commission would have including ‘‘credit card payment, debit sometimes made to pay inmate calling the authority to prohibit an inmate card payment, and bill processing fees, service bills after calls have already calling services provider from passing including fees for payments by been made. In that circumstance, an along the costs itself incurs for interactive voice response[ ], web, or inmate calling services provider could conducting a service on a consumer’s kiosk.’’ They are also made to pay potentially confirm that not one call behalf, NCIC’s suggestion is beyond the inmate calling service bills for calls that with an outstanding balance was made scope of the remand in this proceeding. have already been made. The that crossed state lines and thus that the 40. To the extent Securus suggests Commission limits these fees to a service charge would be ancillary only that third-party financial transactions maximum of ‘‘$3.00 per use,’’ based on to intrastate inmate calling services. ‘‘raise no jurisdictional dispute,’’ the its prior finding that a $3.00 cap would Because the Commission must respect Commission agrees so long as such a ‘‘more than ensure[ ] that ICS providers the boundary on its jurisdiction drawn transaction is tied to a particular [could] recoup the costs of offering these by Congress, it cannot impose its jurisdictionally identifiable call— services.’’ automated payment fee cap in such which, as with automated payments, the 35. Because a prepaid or debit circumstances. Commission would expect would only account can generally be used to make occur if the fee is imposed after calls 37. The Commission rejects Securus’ both interstate and intrastate calls, have been made. And such an inquiry claim that ‘‘since the jurisdiction of any automated payment fees are generally would only matter where the inmate jurisdictionally mixed and subject to the given payment transaction depends on calling services provider can confirm Commission’s ancillary service charge the specific circumstances surrounding that no call with an outstanding balance rules. For example, accounts that allow the transaction, Securus does not was interstate or international— the dialing of any mobile telephone believe that the Commission can reach otherwise, the only way to protect the number (such as one assigned by a any conclusion regarding the interstate caller from unjust and mobile wireless provider or a nomadic application of these [Automated unreasonable fees is to apply the interconnected voice over internet Payment Fee] caps as a generic matter.’’ Commission’s ancillary service charge Protocol (VoIP) provider) are inherently It is precisely because providers rules to the entire third-party financial jurisdictionally mixed because the generally impose (and consumers are transaction. called party need not be located in the charged) these fees before it is possible 41. Live Agent Fees. Consumers may same state as the incarcerated to determine whether such payments optionally use live operators to individual at the time of a call. This is are ancillary to interstate or intrastate complete a range of inmate calling true even if the called party’s residence, calls that precedent dictates that the services-related tasks, including setting as commenters point out, is in the same Commission find these automated up an account, adding money to an state as the correctional facility. And it payments to be jurisdictionally mixed— account, or assisting with making a call. is true even if the area code and NXX and thus application of the In practice, multiple transactions can prefix of the called party’s telephone Commission’s rule to all such be, and often are, made via a single live number are associated with the state of transactions is necessary to protect operator interaction, which the the correctional facility. Similarly, if the interstate callers. Commission caps at $5.95 per account only allows a certain number of 38. Third-Party Financial Transaction interaction, regardless of the number of non-mobile numbers to be called, such Fees. Consumers often make use of third tasks the live operator completes in a an account is jurisdictionally mixed if parties, such as Western Union or single session. any one of those numbers is assigned to MoneyGram, to transfer money or 42. As with automated payments and a fixed location in a different state. The process financial transactions that third-party financial transactions, Commission uses a fixed landline enable these consumers to make because live agents are often used to set telephone number in its example here payments to inmate calling services up accounts or add money to accounts but recognizes that fixed wireless accounts. These third parties charge fees before any call is made, live agent technology may also have the same to inmate calling services providers, services are generally jurisdictionally ‘‘fixed’’ location characteristics as fixed which the providers then pass on to mixed and subject to the Commission’s wireline service and thus the same consumers. The Commission’s ancillary ancillary service charge rules. In jurisdictional analysis would apply. services charges rules limit the amount contrast, to the extent a live agent is Indeed, accounts where an incarcerated of third-party fees that an inmate calling used to place a particular call, then that individual may make a call to any services provider can pass on to service can be jurisdictionally telephone number or add a telephone consumers to the exact third-party fees, determined by the classification of the number to the list of authorized with no markup. call, just as single-call services are. And
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to the extent a live agent is used after charges imposed for and in connection through their intrastate ancillary service calls have been made to, for example, with interstate inmate calling services. charges. pay a bill, then the Commission’s To the extent those charges relate to 48. To ensure that providers do not ancillary service charge rules apply accounts or transactions having negate the effectiveness of the unless every call with an outstanding interstate as well as intrastate Commission’s caps on interstate balance can be determined to be components, the federal requirements ancillary service charges in this manner, intrastate. Similarly, to the extent a live will operate as ceilings limiting the Commission determines that if a agent session is used to complete potential state action. To the extent a provider takes new steps to segregate multiple tasks, the Commission finds state allows or requires an inmate interstate and intrastate activity (for that service is jurisdictionally mixed calling services provider to impose fees example, by providing separate paper (and thus subject to its ancillary service for ancillary services other than those bills for interstate and intrastate inmate charge rules) unless the inmate calling permitted by the Commission’s rules, or calling services, and assessing separate services provider can demonstrate that to charge fees higher than the caps ancillary service charges for those bills), the Commission will presumptively each action taken by the live agent was imposed by the Commission’s rules, that consider such actions as unjust and ancillary only to an intrastate telephone state law or requirement is preempted unreasonable practices that are service. except where such ancillary services are 43. The Commission rejects Securus’ prohibited under federal law. The claim that because Live Agent fees are provided only in connection with Commission directs the Wireline based on multiple different types of intrastate inmate calling services. In Competition Bureau and the transactions, it cannot reach a contrast, to the extent a state allows or Enforcement Bureau to take appropriate conclusion as to whether or not the requires an inmate calling services action should they become aware of Commission’s ancillary service charge provider to impose fees lower than such actions. Any inmate calling rule applies. Again, the Commission can those contained in the Commission’s services provider that takes such actions reach a conclusion here precisely rules, that state law or requirement is should be prepared to demonstrate to because it has found that live agent not preempted by the Commission’s the Commission that its affected services can, and do, involve both action here. interstate ancillary service charges are interstate and intrastate tasks within a 47. Attempts to Exploit the Dual just and reasonable, including that the single transaction session. As a result, Regulatory Environment and Evade the affected charges do not recover failing to treat live agent services as Commission’s Rules. The Commission jurisdictionally common costs that are generally jurisdictionally mixed would shares the concern of commenters that already, or should properly be, conflict with the federal law requiring inmate calling services providers may recovered through the provider’s these fees to be just and reasonable for undermine or negate its caps on corresponding intrastate ancillary all interstate callers. ancillary service charges for interstate service charges. 44. Paper Bill Fees. Inmate calling inmate calling services (and, in turn, its 49. Relatedly, the Commission services consumers have the option to interstate rate caps) by departing from cautions providers that they are obtain paper bills or statements their current business practices and prohibited, either directly or indirectly, reflecting all charges that occurred taking new steps to segregate interstate from imposing ancillary service charges during a billing cycle, including those and intrastate activity. For example, falling outside the five categories of related to calls and ancillary service commenters point out that providers charges permissible under its rules, and that they are prohibited from collecting, charges. The Commission has capped may newly decide to create separate directly or indirectly, amounts that fees for paper bills at $2.00 per paper bills for intrastate and interstate exceed the ancillary service fee caps set statement. services in order to evade the 45. Because the creation of a paper forth in its rules. The Commission Commission’s cap on paper bill fees. bill occurs only after calls have been further cautions that it intends to The Commission recognizes, in view of made, it may be possible to exercise the full breadth of the agency’s jurisdictionally segregate this service. the D.C. Circuit’s decision in GTL, that jurisdiction to curb attempts to evade its Generally, the Commission would the Commission lacks authority to limit rate cap and ancillary service charge expect such bills to be jurisdictionally the fees providers assess for purely rules through arrangements with third mixed as incarcerated people may make intrastate activity. But it is within the parties. For example, one commenter calls to those both in and outside of the Commission’s authority to ensure that has suggested that other providers may state of the correctional facility—and fees for interstate activity are just and have entered into arrangements with a thus subject to its ancillary service reasonable. And because providers have third party in connection with single- charge rules. However, if an inmate not historically distinguished between call service transactions whereby calling services provider can confirm interstate and intrastate ancillary service excessive one-time transaction fees that no call on the bill is interstate or charges, the Commission anticipates associated with these calls are imposed, international, then the paper bill service that the costs associated with providing passed on without markup to the would only be ancillary to intrastate jurisdictionally separate ancillary consumer of the inmate calling service, calls and beyond the reach of the services, should providers seek to do so and then the revenue obtained from the Commission’s rules. in the future, would often or always be consumer is shared by the service ‘‘common’’ to both the interstate and provider and the third party. Evidence 3. Related Issues intrastate service. It would frustrate the of arrangements such as this that appear 46. Effect on State Regulation. As in Commission’s efforts to ensure that to result in the service provider prior cases, the Commission exercises charges for interstate ancillary services indirectly marking up the third-party its authority under the Supremacy are just and reasonable if providers transaction fee in circumvention of the Clause to preempt state regulation of could recover, through their interstate Commission’s rules is subject to jurisdictionally mixed services to the ancillary service charges, costs that immediate referral to the Enforcement extent that such regulation conflicts should be allocated to a parallel Bureau for investigation. with federal law. The Commission’s intrastate ancillary service, or that 50. Similarly, inmate calling services rules apply to all ancillary service providers have already recovered providers are required to certify
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annually that the information in their mobile wireless and VoIP services, it contexts, typically related to carrier-to- Annual Reports, including the would be unreasonable for an inmate carrier matters or payment of fees owed, information on their ancillary services calling services provider to rely on a it has never adopted a general policy fees, is ‘‘true and accurate’’ and that telephone number alone to determine allowing the broad use of such proxies they are in compliance with the the location of a particular called party. outside of specific facts and Commission’s inmate calling services Today, a phone number provides little circumstances which are not applicable rules. The Commission will not hesitate indication of the physical location of a here. Indeed, the Commission has never to take action to ensure full compliance called party or a calling party. applied proxies to telecommunications with its ancillary services fee caps and Telephone numbers have been readily resellers generally, or inmate calling other inmate calling services rules. To ported between wireline providers, and services providers specifically, with that end, the Commission directs the between wireline and wireless service respect to assessing different interstate Enforcement Bureau to issue an providers, since at least 2003. And VoIP and intrastate rates and charges on their Enforcement Advisory, within 60 days providers have been porting numbers customers for those customers’ of the effective date of this Order, since at least 2008. Thus, a telephone interstate and intrastate telephone calls. reminding inmate calling services number only identifies the state and rate Indeed, the examples that GTL and providers of their obligations under the center where the number was originally Securus provide relate specifically to Commission’s rules, their duty of assigned, and not where it is currently carrier-to-carrier arrangements involving candor in connection with their assigned. Moreover, because a wireless intercarrier compensation or applicable interactions with the Commission, and telephone user may make or receive a federal fees due between carriers and the potential penalties for call anywhere there is wireless the Commission, not to using a proxy noncompliance. reception, their phone number readily for charging a customer a higher or 51. Classifying Calls by Jurisdiction. may not indicate their location. And the different rate than it would otherwise be There is significant debate within the chance of a phone number being one subject to based on whether the record on whether it is possible for that is used by a mobile phone is high: customer’s call is interstate or intrastate. inmate calling services providers to The telephone numbers used by mobile 54. The Commission is also classify the jurisdiction of certain calls phones make up about half of all unpersuaded by the ‘‘precedent’’ cited and thus the jurisdiction of the services assigned telephone numbers. Second, by GTL and Securus. Much of what ancillary to such calls. On the one hand, the Commission disagrees with Pay those parties cite is drawn from Notices GTL argues that the ‘‘jurisdictional Tel’s argument that the location of a of Proposed Rulemaking. Even insofar nature of calls themselves is easily wireless caller is unknowable. As as those Notices include observations classified as either interstate or Securus points out, ‘‘wireless carriers about historical industry practice as intrastate based on the call’s points of can determine the locations of their context for those requests for comment, origin and termination,’’ and Securus customers at the time of each call, so it the Notices do not establish actual asserts that an inmate calling services is possible to establish the jurisdiction Commission policy. Nor is the provider knows the jurisdiction of a call of each individual call.’’ Third, the Commission persuaded by their citation because it is ‘‘from a known originating Commission recognizes that just of a 2002 Bureau-level Order resolving telephone number to a single, known because some provider can establish the an interconnection arbitration. That terminating number.’’ On the other location of a caller (and thus the Bureau decision involved baseball-style arbitration, and an arbitrator concluded hand, Pay Tel argues that the jurisdiction of a call) does not mean that Commission should generally treat that those parties could use NPA–NXX every inmate calling services provider inmate calling services as codes for purposes of determining can or does do so. As such the jurisdictionally mixed across the board whether calls were local or toll. That Commission agrees with Pay Tel that, to because providers cannot practically conclusion was a function of the limits the extent an inmate calling services and reliably determine the location of of the carriers’ respective proposals provider cannot definitively establish each called party. there—nothing in that case made the the jurisdiction of a call, it may and 52. This confusion calls for some use of NPA–NXX codes applicable to should treat the call as jurisdictionally clarification. First, the Commission the entire industry. Moreover, this 18 mixed and thus subject to the reminds providers that the jurisdictional year-old decision did not involve nature of a call depends on the physical Commission’s ancillary service charge carriers terminating calls to VoIP and location of the endpoints of the call and rules. Such treatment is necessary to mobile wireless telephone numbers, not on whether the area code or NXX carry out the requirement of the which is the Commission’s concern prefix of the telephone number, or the Communications Act that all interstate here. The industry is very different billing address of the credit card charges and practices be just and today than it was in 2002 and the rules associated with the account, are reasonable. Or to put it another way, applicable to numbering resources have associated with a particular state. In any other treatment of jurisdictionally changed substantially, calling into other words, certain providers are indeterminate calls would strip question whether that arbitrator would incorrect to argue that comparing the interstate callers of the protections have reached the same conclusion today incarcerated person’s local access and guaranteed by federal law. with respect to reliance on NPA–NXX transport area and phone number with 53. GTL and Securus take issue with codes. In still other cases, GTL cites the account holder’s will let an inmate the Commission’s jurisdictional state commission decisions or an calling services provider identify approach, arguing that it is inconsistent industry white paper, which likewise do whether a call or account is interstate or with Commission and provider not demonstrate Commission policy. intrastate. Although that may be true for practices for determining the Thus, these filings by GTL and Securus legacy wireline networks, more modern jurisdictional nature of calls. These do not demonstrate any actual networks such as wireless networks and providers misread Commission Commission policy for the industry interconnected VoIP networks allow the precedent, however. While the from which the Commission would be portability of such numbers across state Commission has allowed carriers to use departing here. lines. And given the prevalence of such proxies for determining the 55. Independently, the Commission networks and the increasing reliance on jurisdictional nature of calls in specific Notices and Bureau Order cited by GTL
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and Securus involve materially different defeating, since consumers could Commission therefore disagrees with policy contexts. In particular, they purchase wireless phones from a GTL and Securus that its approach is a generally involve scenarios where the different state (with a number from that departure from established precedent Commission is seeking to ensure a state) and then place calls from within and imposes a ‘‘burden’’ on them. reasonable aggregate outcome across a the same state as the inmate in order to 57. For the same reasons, the mass of transactions. This is the case gain the protections of the interstate Commission also disagrees with GTL under the telecommunications relay inmate calling services rules. Such and Securus that requiring inmate service (TRS) program, where a single activities would impose their own costs calling services providers to classify entity—the Commission—is providing and could lead to disparate application incarcerated people’s calls as interstate all of the compensation that providers of the protections of the interstate or intrastate based on their end points receive from the interstate TRS Fund. inmate calling services rules based on constitutes a change in Commission To the extent that interstate vs. the relative sophistication of the policy requiring prior notice and an intrastate distinctions arise in that particular consumers receiving calls opportunity to comment. On the context, the Commission must ensure a from inmates. The Commission finds all contrary, the Commission’s approach reasonable approach across the these concerns persuasive both in simply clarifies the long-established aggregation of TRS calls handled by connection with its inmate calling standard that inmate calling services each provider rather than necessarily services rate caps and in connection providers must apply in classifying calls requiring jurisdictional accuracy on a with its regulation of fees for ancillary for purposes of charging customers the call-by-call basis. This also is the case services. Those consumers would lose appropriate rates and charges. And, in any event, the Bureau’s public notice with intercarrier compensation, for the protection of the Commission’s rate seeking to refresh the record on example, where carriers exchange large caps for particular calls that are, in fact, ancillary service charges in light of GTL volumes of calls and the jurisdictional interstate calls because per-call v. FCC sought comment ‘‘on how the status of any individual call is less regulation turned on proxies developed Commission should proceed in the important for intercarrier compensation in the context of aggregations of calls event any permitted ancillary service is purposes than ensuring that, in the with no guarantee—or necessarily even ‘jurisdictionally mixed’ and cannot be aggregate, the payments carriers likelihood—of seeing offsetting benefits segregated between interstate and exchange reflect a reasonable in the case of other inmate calling services calls they make or receive. intrastate call’’ and defined accounting of the relative portion of that jurisdictionally mixed services as mass of calls that are interstate vs. Likewise, when it comes to fees for jurisdictionally mixed ancillary ‘‘[s]ervices that are capable of intrastate. Furthermore, under the communications both between intrastate framework of sections 251 and 252 of services, the Commission merely seeks to vindicate its statutory interests end points and between interstate end the Act, Commission rules merely points.’’ Since the permitted ancillary establish a default, with individual whenever interstate inmate calling services are implicated. Indeed, in the services include single-call services (i.e., carriers free to negotiate alternative services related to a specific call), GTL approaches. In that context, Congress Vonage Order cited by GTL, the Commission responded to the difficulty and Securus received notice of, and a thus anticipated that regulators full opportunity to comment on, the generally would defer to industry- in directly determining the jurisdiction of calls by broadly preempting the jurisdictional status of inmate calling derived outcomes where they emerged. services calls. state’s attempted regulation of the The situation here is quite different, 58. Ancillary Service Charges Rule service at issue. Thus, although the however. Currently, charges for inmate Revisions. The Commission revises its calling services calls are imposed on a Commission leaves providers free to ancillary services charge rules call-by-call basis. As a result, to ensure follow state law where the associated consistent with its findings herein. the rate caps serve their purpose of effects can be limited to intrastate These amendments reflect the D.C. ensuring just and reasonable rates for inmate calling services, the record here Circuit’s holding that the Commission interstate services, those protections does not persuade it to neglect its lacks authority over intrastate inmate must apply on a call-by-call basis. Even interest when there is an effect on calling services as well as the assuming arguendo that proxies could interstate services even if it falls below Commission’s actions exercising its be identified that would yield an some (undefined) threshold. authority to ensure just and reasonable approximately accurate differentiation 56. Additionally, the end-to-end rates under section 201(b) for ancillary between interstate and intrastate traffic analysis that the Commission relies services charges for and in connection when viewed across the entire upon in this Order is the analysis that with jurisdictionally mixed inmate aggregation of a providers’ calls, that the Commission ‘‘has traditionally used calling services for which it is would be cold comfort to the end-user to the determine whether a call is impossible or impracticable to segregate consumers. Nor, in any case, does the within its interstate jurisdiction.’’ The the interstate and intrastate record reveal proxies that would be Commission has not extended to inmate components. reasonable even if it made sense to focus calling services any of the jurisdictional 59. The Commission also changes on aggregate outcomes. For example, the proxies it has adopted for specific and section 64.6020(a)’s cross-reference to record does not reveal why proxies or limited purposes in other contexts, nor section 64.6000 to more precisely cross- the like that industry might have used has it ever had any reason to suspect reference section 64.6000(a). The in the context of traditional telephone that inmate calling services providers Commission finds good cause to correct calls would make sense in the inmate were not appropriately complying with the cross-reference without notice and calling services context given potential this most basic regulatory obligation of comment because this change is non- differences in the types of calls that are telecommunications services providers substantive. It is well established that placed, potential differences in with respect to their customers— the Commission need not seek comment frequency and duration of calls, or other determining the proper jurisdiction of a on amendments to its rules designed ‘‘to possible considerations. At the same call when charging its customers the ensure consistency in terminology and time, relying on proxies such as correct and lawful rates for those calls cross references across various rules or telephone numbers could be self- using the end-to-end analysis. The to correct inadvertent failures to make
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conforming changes when prior rule caps. Second, the GTL court vacated the Administrator of the Office of amendments occurred.’’ In the absence reporting requirement the Commission Information and Regulatory Affairs, of any indication of changed had adopted for video visitation Office of Management Budget concurs, circumstances regarding the markup of services. The Commission thus that this rule is non-major under the Mandatory Taxes or Mandatory Fees, eliminates section 64.6060(a)(4), which Congressional Review Act, 5 U.S.C. the Commission finds it unnecessary to contained that rule. Third, the GTL 804(2). The Commission will send a seek additional comment on these court found that the Commission lacks copy of this Report and Order on matters. ratemaking authority over intrastate Remand to Congress and the inmate calling services rates. The Government Accountability Office B. Mandatory Pass-Through Taxes and Commission thus revises sections pursuant to 5 U.S.C. 801(a)(1)(A). Fees 64.6000(b), 64.6000(n), 64.6030, 67. Supplemental Final Regulatory 60. As a result of the D.C. Circuit’s 64.6050, 64.6070, 64.6080, 64.6090, and Flexibility Act Analysis. As required by decision in Securus, the rule 64.6100 to reflect that these rules only the Regulatory Flexibility Act of 1980 amendments in the 2016 ICS apply to interstate and international (RFA), as amended, the Commission has Reconsideration Order to include inmate calling services. Fourth, the prepared a Supplemental Final language precluding markups of a Commission revises section 64.6000(t) Regulatory Flexibility Analysis (FRFA) ‘‘Mandatory Tax or Mandatory Fee’’ in of its rules to change the reference to relating to this Report and Order on the absence of specific governmental ‘‘ICS’’ therein to ‘‘Inmate Calling Remand. The FRFA is set forth below. authorization were vacated to the extent Services.’’ 68. Paperwork Reduction Act. This they capped rates. The Commission 63. The Commission finds good cause Report and Order on Remand does not therefore amends its rules to reinstate to implement these revisions without contain new or modified information the language added in the 2016 ICS notice and comment. The collection requirements subject to the Reconsideration Order in response to Administrative Procedure Act states that Paperwork Reduction Act of 1995 the court’s vacatur and remand. The notice and comment procedures do not (PRA). In addition, therefore, it does not Commission also adds language apply ‘‘when the agency for good cause contain any new or modified clarifying that this rule applies only in finds (and incorporates the finding and information collection burden for small connection with interstate and a brief statement of the reasons therefor business concerns with fewer than 25 international inmate calls. This in the rules issued) that notice and employees, pursuant to the Small amendment will ensure that end users public procedure thereon are Business Paperwork Relief Act of 2002 will pay for ‘‘the cost of the service they impracticable, unnecessary, or contrary (SBPRA). have chosen and any applicable taxes or to the public interest.’’ With the V. Supplemental Final Regulatory fees, and nothing more’’ for inmate exception of its change to section Flexibility Analysis calling services subject to the 64.6000(t), the Commission’s revisions Commission’s jurisdiction, thereby are non-discretionary changes to the 69. As required by the Regulatory helping ensure that the charges imposed Commission’s rules necessary to Flexibility Act of 1980, as amended in connection with those services are effectuate the D.C. Circuit’s decisions in (RFA), an Initial Regulatory Flexibility just and reasonable. GTL and Securus. Seeking notice and Analysis (IRFA) was incorporated in the 61. The amendment is consistent with comment before implementing the D.C. 2014 ICS Notice. The Commission the Commission’s prior intent regarding Circuit’s non-discretionary mandate sought written public comment on the mandatory taxes or fees and the record would serve no purpose because proposals in that Notice, including previously developed in this commenters could not say anything comment on the IRFA. The Commission proceeding. The Commission bases its during a notice and comment period did not receive comments directed reinstatement on the same record, and that would change the D.C. Circuit’s toward the IRFA. Thereafter, the finds no basis to depart from its prior decision and the Commission does not Commission issued a Final Regulatory determination that adopting this rule have discretion to depart from the Flexibility Analysis (FRFA) conforming best comports with its application of court’s mandate. to the RFA. This Supplemental FRFA section 201(b). Further, this amendment 64. The Commission also finds good supplements that FRFA to reflect the harmonizes the rules regarding a cause to revise section 64.6000(t) actions taken in the Report and Order ‘‘Mandatory Tax or Mandatory Fee’’ and without notice and comment because on Remand (Remand Order) and an ‘‘Authorized Fee’’ to prohibit this change is non-substantive. The conforms to the RFA. markups on either category of charges, Commission need not seek comment on A. Need for, and Objectives of, the thereby eliminating at least some amendments to its rules designed ‘‘to Order on Remand potential confusion from the disparate ensure consistency in terminology and definitions regarding whether inmate cross references across various rules or 70. The Remand Order adopts rules calling services providers may mark up to correct inadvertent failures to make segregating ancillary service charges such charges. conforming changes when prior rule provided in connection with inmate amendments occurred. calling services into interstate and C. Revisions to Certain Inmate Calling intrastate components in response to a Services Rules IV. Procedural Matters remand from the United States Court of 62. Finally, the Commission revises 65. People with Disabilities. To Appeals for the District of Columbia certain of its rules governing inmate request materials in accessible formats Circuit (D.C. Circuit). It also amends the calling services to comport with the D.C. for people with disabilities (braille, Commission’s rule regarding mandatory Circuit’s decisions in GTL and Securus. large print, electronic files, audio pass-through taxes and fees in light of First, the court vacated the rate caps that format), send an email to [email protected] a second remand from the D.C. Circuit. the Commission adopted in the 2015 or call the Consumer & Governmental Finally, it revises certain of the ICS Order and the 2016 ICS Affairs Bureau at 202–418–0530 (voice), Commission’s other inmate calling Reconsideration Order, and the 202–418–0432 (TTY). services rules to comport with the D.C. Commission thus eliminates section 66. Congressional Review Act. The Circuit’s decisions in those cases, and 64.6010, which contained those rate Commission has determined, and the reinstates the Commission’s rule
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providing an ancillary service charge reported that they were incumbent local competitive local exchange services or cap for single-call services. exchange service providers. Of these competitive access provider services. Of 1,307 carriers, an estimated 1,006 have these 1,442 carriers, an estimated 1,256 B. Summary of Significant Issues Raised 1,500 or fewer employees and 301 have have 1,500 or fewer employees and 186 by Public Comments in Response to the more than 1,500 employees. have more than 1,500 employees. In IRFA Consequently, the Commission addition, 17 carriers have reported that 71. The Commission did not receive estimates that most providers of local they are Shared-Tenant Service comments specifically addressing the exchange service are small entities that Providers, and all 17 are estimated to rules and policies proposed in the IRFA. may be affected by the Commission’s have 1,500 or fewer employees. In C. Response to Comments by the Chief action. addition, 72 carriers have reported that 77. Incumbent Local Exchange Counsel for Advocacy of the Small they are Other Local Service Providers. Carriers (incumbent LECs). Neither the Business Administration Of the 72, 70 have 1,500 or fewer Commission nor the SBA has developed employees and two have more than 72. The Chief Counsel did not file any a size standard for small businesses 1,500 employees. Consequently, the comments in response to the proposed specifically applicable to incumbent Commission estimates that most rules in this proceeding. local exchange services. The closest providers of competitive local exchange D. Description and Estimate of the applicable size standard under SBA service, competitive access providers, Number of Small Entities to Which rules is for Wired Telecommunications Shared-Tenant Service Providers, and Rules Will Apply Carriers. Under that size standard, such Other Local Service Providers are small a business is small if it has 1,500 or entities that may be affected by the 73. The RFA directs agencies to fewer employees. According to Commission’s action. provide a description of, and, where Commission data, 1,307 carriers 80. Interexchange Carriers (IXCs). feasible, an estimate of, the number of reported that they were incumbent local Neither the Commission nor the SBA small entities that may be affected by exchange service providers. Of these has developed a size standard for small the rules adopted herein. The RFA 1,307 carriers, an estimated 1,006 have businesses specifically applicable to generally defines the term ‘‘small 1,500 or fewer employees and 301 have interexchange services. The closest entity’’ as having the same meaning as more than 1,500 employees. applicable size standard under SBA the terms ‘‘small business,’’ ‘‘small Consequently, the Commission rules is for Wired Telecommunications organization,’’ and ‘‘small governmental estimates that most providers of Carriers. Under that size standard, such jurisdiction.’’ In addition, the term incumbent local exchange service are a business is small if it has 1,500 or ‘‘small business’’ has the same meaning small businesses that may be affected by fewer employees. According to as the term ‘‘small business concern’’ the Commission’s action. Commission data, 359 companies under the Small Business Act. A ‘‘small 78. The Commission has included reported that their primary business concern’’ is one which: (1) Is small incumbent LECs in this present telecommunications service activity was independently owned and operated; (2) RFA analysis. As noted above, a ‘‘small the provision of interexchange services. is not dominant in its field of operation; business’’ under the RFA is one that, Of these 359 companies, an estimated and (3) satisfies any additional criteria inter alia, meets the pertinent small 317 have 1,500 or fewer employees and established by the Small Business business size standard (e.g., a telephone 42 have more than 1,500 employees. Administration (SBA). communications business having 1,500 Consequently, the Commission 74. Small Businesses. Nationwide, or fewer employees), and ‘‘is not estimates that the majority of there are a total of approximately 27.9 dominant in its field of operation.’’ The interexchange service providers are million small businesses, according to SBA’s Office of Advocacy contends that, small entities that may be affected by the SBA. for RFA purposes, small incumbent the Commission’s action. 75. Wired Telecommunications LECs are not dominant in their field of 81. Local Resellers. The SBA has Carriers. The SBA has developed a operation because any such dominance developed a small business size small business size standard for Wired is not ‘‘national’’ in scope. The standard for the category of Telecommunications Carriers, which Commission has therefore included Telecommunications Resellers. Under consists of all such companies having small incumbent LECs in this RFA that size standard, such a business is 1,500 or fewer employees. According to analysis, although it emphasizes that small if it has 1,500 or fewer employees. Census Bureau data for 2007, there were this RFA action has no effect on According to Commission data, 213 3,188 firms in this category, total, that Commission analyses and carriers have reported that they are operated for the entire year. Of this determinations in other, non-RFA engaged in the provision of local resale total, 3,144 firms had employment of contexts. services. Of these, an estimated 211 999 or fewer employees, and 44 firms 79. Competitive Local Exchange have 1,500 or fewer employees and two had employment of 1,000 employees or Carriers (competitive LECs), have more than 1,500 employees. more. Thus, under this size standard, Competitive Access Providers (CAPs), Consequently, the Commission the majority of firms can be considered Shared-Tenant Service Providers, and estimates that the majority of local small. Other Local Service Providers. Neither resellers are small entities that may be 76. Local Exchange Carriers (LECs). the Commission nor the SBA has affected by the Commission’s action. Neither the Commission nor the SBA developed a small business size 82. Toll Resellers. The SBA has has developed a size standard for small standard specifically for these service developed a small business size businesses specifically applicable to providers. The appropriate size standard standard for the category of local exchange services. The closest under SBA rules is for the category Telecommunications Resellers. Under applicable size standard under SBA Wired Telecommunications Carriers. that size standard, such a business is rules is for Wired Telecommunications Under that size standard, such a small if it has 1,500 or fewer employees. Carriers. Under that size standard, such business is small if it has 1,500 or fewer According to Commission data, 881 a business is small if it has 1,500 or employees. According to Commission carriers have reported that they are fewer employees. According to data, 1,442 carriers reported that they engaged in the provision of toll resale Commission data, 1,307 carriers were engaged in the provision of either services. Of these, an estimated 857
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have 1,500 or fewer employees and 24 Commission. The Remand Order also are adopted, effective 30 days after have more than 1,500 employees. requires inmate calling services publication of a summary in the Federal Consequently, the Commission providers to not mark up mandatory Register. estimates that the majority of toll taxes or fees passed on to consumers of 91. It is further ordered that the resellers are small entities that may be interstate or international inmate calling Commission’s Consumer and affected by the Commission’s action. services, and places an ancillary service Governmental Affairs Bureau, Reference 83. Other Toll Carriers. Neither the charge cap on single-call services. Information Center, shall send a copy of Commission nor the SBA has developed this Report and Order on Remand, F. Steps Taken To Minimize the a size standard for small businesses including the Supplemental Final Significant Economic Impact on Small specifically applicable to Other Toll Regulatory Flexibility Analysis, to the Entities, and Significant Alternatives Carriers. This category includes toll Congress and the Government Considered carriers that do not fall within the Accountability Office pursuant to the categories of interexchange carriers, 86. The RFA requires an agency to Congressional Review Act, see 5 U.S.C. operator service providers, prepaid describe any significant, specifically 801(a)(1)(A). calling card providers, satellite service small business, alternatives that it has 92. It is further ordered that the carriers, or toll resellers. The closest considered in reaching its proposed Commission’s Consumer and applicable size standard under SBA approach, which may include the Governmental Affairs Bureau, Reference rules is for Wired Telecommunications following four alternatives (among Information Center, shall send a copy of Carriers. Under that size standard, such others): ‘‘(1) the establishment of this Report and Order on Remand, a business is small if it has 1,500 or differing compliance or reporting including the Supplemental Final fewer employees. According to requirements or timetables that take into Regulatory Flexibility Analysis, to the Commission data, 284 companies account the resources available to small Chief Counsel for Advocacy of the Small reported that their primary entities; (2) the clarification, Business Administration. telecommunications service activity was consolidation, or simplification of the provision of other toll carriage. Of compliance and reporting requirements List of Subjects in 47 CFR Part 64 these, an estimated 279 have 1,500 or under the rules for such small entities; Communications common carriers, fewer employees and five have more (3) the use of performance rather than Individuals with disabilities, Prisons, than 1,500 employees. Consequently, design standards; and (4) an exemption Reporting and recordkeeping the Commission estimates that most from coverage of the rule, or any part requirements, Telecommunications, Other Toll Carriers are small entities thereof, for such small entities.’’ Telephone, Waivers. that may be affected by the 87. The FRFA that the Commission Federal Communications Commission. Commission’s action. previously issued in connection with Marlene Dortch, 84. Payphone Service Providers the 2015 ICS Order addressed in full the Secretary. (PSPs). Neither the Commission nor the steps taken to minimize the economic SBA has developed a small business impact or small entities and the Final Rules size standard specifically for payphone significant alternatives considered. For the reasons set forth in the services providers, a group that includes G. Report to Congress preamble, the Federal Communications inmate calling services providers. The Commission amends part 64, of title 47 appropriate size standard under SBA 88. The Commission will send a copy of the Code of Federal Regulations as rules is for the category Wired of the Remand Order, including this follows: Telecommunications Carriers. Under Supplemental FRFA, in a report to be that size standard, such a business is sent to Congress pursuant to the Small PART 64—MISCELLANEOUS RULES small if it has 1,500 or fewer employees. Business Regulatory Enforcement RELATING TO COMMON CARRIERS According to Commission data, 535 Fairness Act of 1996. In addition, the carriers have reported that they are Commission will send a copy of the ■ 1. The authority citation for part 64 is engaged in the provision of payphone Remand Order, including this revised to read as follows: services. Of these, an estimated 531 Supplemental FRFA, to the Chief Authority: 47 U.S.C. 151, 152, 154, 201, have 1,500 or fewer employees and four Counsel for Advocacy of the Small 202, 217, 218, 220, 222, 225, 226, 227, 227b, have more than 1,500 employees. Business Administration. A copy of the 228, 251(a), 251(e), 254(k), 262, 276, Consequently, the Commission Remand Order and Supplemental FRFA 403(b)(2)(B), (c), 616, 620, 1401–1473, unless estimates that the majority of payphone (or summaries thereof) will also be otherwise noted; Pub. L. 115–141, Div. P, sec. service providers are small entities that published in the Federal Register. 503, 132 Stat. 348, 1091. may be affected by the Commission’s ■ 2. Amend § 64.6000 by revising VI. Ordering Clauses action. paragraphs (a), (b), (n), and (t) and by 89. Accordingly, it is ordered that, adding paragraph (u) to read as follows: E. Description of Projected Reporting, pursuant to the authority contained in Recordkeeping, and Other Compliance sections 1, 2, 4(i)–(j), 201(b), 218, 220, § 64.6000 Definitions. Requirements for Small Entities 276, and 403 of the Communications * * * * * 85. Recordkeeping, Reporting, and Act of 1934, as amended, 47 U.S.C. 151, (a) Ancillary Service Charge means Certification. The Order on Remand 152, 154(i)–(j), 201(b), 218, 220, 276, any charge Consumers may be assessed requires inmate calling services and 403, this Report and Order on for, or in connection with, the interstate providers to properly identify whether Remand is adopted. or international use of Inmate Calling ancillary services associated with 90. It is further ordered, pursuant to Services that are not included in the inmate calling services are interstate, the authority contained in sections 1, 2, per-minute charges assessed for such intrastate, or jurisdictionally mixed. To 4(i)–(j), 201(b), 218, 220, 276, and 403 individual calls. Ancillary Service the extent those ancillary services are of the Communications Act of 1934, as Charges that may be assessed are limited interstate or jurisdictionally mixed, the amended, 47 U.S.C. 151, 152, 154(i)–(j), only to those listed in paragraphs (a)(1) provider must comply with fee caps or 201(b), 218, 220, 276, and 403, that the through (5) of this section. All other limits previously adopted by the amendments to the Commission’s rules Ancillary Service Charges are
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prohibited. For purposes of this § 64.6020 Ancillary Service Charge. § 64.6100 Minimum and maximum Prepaid definition, ‘‘interstate’’ includes any (a) No Provider of interstate or Calling account balances. Jurisdictionally Mixed Charge, as international Inmate Calling Services (a) No Provider shall institute a defined in paragraph (u) of this section. shall charge an Ancillary Service Charge minimum balance requirement for a * * * * * other than those permitted charges Consumer to use Debit or Prepaid listed in § 64.6000(a). Calling for interstate or international (b) Authorized Fee means a * * * * * calls. government authorized, but (b) No Provider shall prohibit a discretionary, fee which a Provider must ■ 5. Section 64.6030 is revised to read as follows: consumer from depositing at least $50 remit to a federal, state, or local per transaction to fund a Debit or government, and which a Provider is § 64.6030 Inmate Calling Services interim Prepaid Calling account that can be permitted, but not required, to pass rate cap. used for interstate or international calls. through to Consumers for or in No provider shall charge a rate for connection with interstate or [FR Doc. 2020–19951 Filed 10–22–20; 8:45 am] interstate Collect Calling in excess of BILLING CODE 6712–01–P international Inmate Calling Service. An $0.25 per minute, or a rate for interstate Authorized Fee may not include a Debit Calling, Prepaid Calling, or markup, unless the markup is Prepaid Collect Calling in excess of DEPARTMENT OF VETERANS specifically authorized by a federal, $0.21 per minute. These interim rate AFFAIRS state, or local statute, rule, or regulation. caps shall remain in effect until * * * * * permanent rate caps are adopted and 48 CFR Parts 841 and 842 take effect. (n) Mandatory Tax or Mandatory Fee RIN 2900–AQ38 means a fee that a Provider is required ■ 6. Section 64.6050 is revised to read as follows: to collect directly from consumers, and VA Acquisition Regulation: Acquisition remit to federal, state, or local § 64.6050 Billing-related call blocking. of Utility Services, and Contract governments. A Mandatory Tax or Fee No Provider shall prohibit or prevent Administration and Audit Services; that is passed through to a consumer for, completion of an interstate or Correction or in connection with, interstate or international Collect Calling call or AGENCY: Department of Veterans Affairs. international Inmate Calling Services decline to establish or otherwise may not include a markup, unless the degrade interstate or international ACTION: Final rule; correction. markup is specifically authorized by a Collect Calling solely for the reason that SUMMARY: On September 24, 2020, the federal, state, or local statute, rule, or it lacks a billing relationship with the regulation; Department of Veterans Affairs (VA) called party’s communications service published a rule updating its VA * * * * * provider, unless the Provider offers Acquisition Regulation (VAAR) in (t) Site Commission means any form Debit Calling, Prepaid Calling, or phased increments. The changes seek to of monetary payment, in-kind payment, Prepaid Collect Calling for interstate streamline and align the VAAR with the gift, exchange of services or goods, fee, and international calls. FAR and remove outdated and technology allowance, or product that a § 64.6060 [Amended] duplicative requirements and reduce Provider of Inmate Calling Services or burden on contractors. An error ■ affiliate of a Provider of Inmate Calling 7. In § 64.6060, remove and reserve occurred in three amendatory Services may pay, give, donate, or paragraph (a)(4). instructions. This document corrects otherwise provide to an entity that ■ 8. Section 64.6070 is revised to read those errors. as follows: operates a correctional institution, an DATES: This correction is effective entity with which the Provider of § 64.6070 Taxes and fees. October 26, 2020. Inmate Calling Services enters into an FOR FURTHER INFORMATION CONTACT: Mr. agreement to provide Inmate Calling No Provider shall charge any taxes or Rafael N. Taylor, Senior Procurement Services, a governmental agency that fees to users of Inmate Calling Services Analyst, Procurement Policy and oversees a correctional facility, the city, for, or in connection with, interstate or Warrant Management Services, 003A2A, county, or state where a facility is international calls, other than those 425 I Street NW, Washington, DC 20001, located, or an agent of any such facility. permitted under § 64.6020, and those defined as Mandatory Taxes, Mandatory (202) 382–2787. (This is not a toll-free (u) Jurisdictionally Mixed Charge Fees, or Authorized Fees. number.) means any charge Consumers may be ■ 9. Section 64.6080 is revised to read SUPPLEMENTARY INFORMATION: On assessed for use of Inmate Calling as follows: September 24, 2020, VA published a Services that are not included in the rule in the Federal Register (85 FR per-minute charges assessed for § 64.6080 Per-Call or Per-Connection Charges. 60073) which contained errors in the individual calls and that are assessed description of the contents of subparts No Provider shall impose a Per-Call or for, or in connection with, uses of 841.2, 841.5, and 842.2. Inmate Calling Service to make such Per-Connection Charge on a Consumer calls that have interstate or international for any interstate or international calls. Corrections components and intrastate components ■ 10. Section 64.6090 is revised to read In FR Rule Doc. No. 2020–18172, that are unable to be segregated at the as follows: appearing on page 60077 in the Federal time the charge is incurred. § 64.6090 Flat-Rate Calling. Register of September 24, 2020, make the following corrections: § 64.6010 [Removed and Reserved] No Provider shall offer Flat-Rate Calling for interstate or international ■ Subpart 841.2 [Corrected] 3. Remove and reserve § 64.6010. Inmate Calling Services. ■ 4. Section 64.6020(a) is revised to read ■ 11. Section 64.6100 is revised to read ■ 1. On page 60077, in the first column, as follows: as follows: in subpart 841.2, correct instruction
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number 14. to read as follows: ‘‘Subpart Atmospheric Administration (NOAA), Administrator finds that this directed 841.2, consisting of section 841.201, is Commerce. fishing allowance has been reached. removed and reserved.’’ ACTION: Temporary rule; closure. Consequently, NMFS is prohibiting ■ 2. On page 60077, in the first column, directed fishing for pollock in Statistical in subpart 841.5, under instruction SUMMARY: NMFS is prohibiting directed Area 630 of the GOA. number 15, correct section 841.501–70, fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This While this closure is effective the Disputes—Utility contracts, to read as maximum retainable amounts at follows: action is necessary to prevent exceeding the D season allowance of the 2020 total § 679.20(e) and (f) apply at any time 841.501–70 Disputes—Utility contracts. allowable catch (TAC) of pollock for during a trip. The contracting officer shall insert the Statistical Area 630 in the GOA. Classification clause at 852.241–70, Disputes—Utility DATES: Effective 1200 hours, Alaska Contracts, in solicitations and contracts local time (A.l.t.), October 20, 2020, NMFS issues this action pursuant to for utility services subject to the through 2400 hours, A.l.t., December 31, section 305(d) of the Magnuson-Stevens jurisdiction and regulation of a utility 2020. Act. This action is required by 50 CFR rate commission. FOR FURTHER INFORMATION CONTACT: part 679, which was issued pursuant to Subpart 842.2 [Corrected] Krista Milani, 907–581–2062. section 304(b), and is exempt from SUPPLEMENTARY INFORMATION: NMFS review under Executive Order 12866. ■ 3. On page 60077, in the second manages the groundfish fishery in the Pursuant to 5 U.S.C. 553(b)(B), there column, in subpart 842.2, correct GOA exclusive economic zone is good cause to waive prior notice and instruction number 20. to read as according to the Fishery Management an opportunity for public comment on follows: ‘‘20. Subpart 842.2 is revised to Plan for Groundfish of the Gulf of this action, as notice and comment read as follows:’’ Alaska (FMP) prepared by the North would be impracticable and contrary to Dated: September 29, 2020. Pacific Fishery Management Council the public interest, as it would prevent Consuela Benjamin, under authority of the Magnuson- NMFS from responding to the most Regulations Development Coordinator, Office Stevens Fishery Conservation and recent fisheries data in a timely fashion of Regulation Policy & Management, Office Management Act. Regulations governing and would delay the closure of directed of the Secretary, Department of Veterans fishing by U.S. vessels in accordance fishing for pollock in Statistical Area Affairs. with the FMP appear at subpart H of 50 630 of the GOA. NMFS was unable to [FR Doc. 2020–21842 Filed 10–22–20; 8:45 am] CFR part 600 and 50 CFR part 679. publish a notice providing time for BILLING CODE 8320–01–P The D season allowance of the 2020 public comment because the most TAC of pollock in Statistical Area 630 recent, relevant data only became of the GOA is 9,248 metric tons (mt) as available as of October 19, 2020. DEPARTMENT OF COMMERCE established by the final 2020 and 2021 harvest specifications for groundfish in Authority: 16 U.S.C. 1801 et seq. National Oceanic and Atmospheric the GOA (85 FR 13802, March 10, 2020). Dated: October 20, 2020. Administration In accordance with § 679.20(d)(1)(i), Jennifer M. Wallace, the Regional Administrator has 50 CFR Part 679 determined that the D season allowance Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [Docket No. 200221–0062] of the 2020 TAC of pollock in Statistical Area 630 of the GOA will soon be [FR Doc. 2020–23530 Filed 10–20–20; 4:15 pm] RTID 0648–XA529 reached. Therefore, the Regional BILLING CODE 3510–22–P Fisheries of the Exclusive Economic Administrator is establishing a directed Zone Off Alaska; Pollock in Statistical fishing allowance of 8,948 mt and is Area 630 in the Gulf of Alaska setting aside the remaining 300 mt as bycatch to support other anticipated AGENCY: National Marine Fisheries groundfish fisheries. In accordance with Service (NMFS), National Oceanic and § 679.20(d)(1)(iii), the Regional
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Proposed Rules Federal Register Vol. 85, No. 206
Friday, October 23, 2020
This section of the FEDERAL REGISTER instructions for submitting comments. the Appliance and Equipment contains notices to the public of the proposed Alternatively, interested persons may Standards Program staff at (202) 287– issuance of rules and regulations. The submit comments, identified by docket 1445 or by email: purpose of these notices is to give interested number EERE–2019–BT–CE–0015, by ApplianceStandardsQuestions@ persons an opportunity to participate in the any of the following methods: ee.doe.gov. rule making prior to the adoption of the final rules. 1. Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION: On August www.regulations.gov. Follow the 31, 2020, the U.S. Department of Energy instructions for submitting comments. (DOE) published a document in the 2. Email: Enforcement2019CE@ DEPARTMENT OF ENERGY Federal Register soliciting public ee.doe.gov. Include the docket number comment on a NOPR, which proposes EERE–2019–BT–CE–0015 in the subject 10 CFR Parts 429 and 431 revisions to existing enforcement line of the message. regulations for certain consumer [EERE–2019–BT–CE–0015] 3. Postal Mail: Office of the Assistant products and commercial and industrial RIN 1904–AE34 General Counsel for Enforcement, U.S. equipment covered under the Energy Department of Energy, Mailstop GC–32, Policy and Conservation Act of 1975, as Enforcement for Consumer Products 1000 Independence Avenue SW, amended. 85 FR 53691. Comments were and Commercial and Industrial Washington, DC 20585–0121. originally due by October 30, 2020. On Equipment Telephone: (202) 287–5997. If possible, September 24, 2020, DOE received a please submit all items on a compact AGENCY: Office of Energy Efficiency and joint request from the Air-Conditioning, disc (CD), in which case it is not Renewable Energy, Department of Heating, & Refrigeration Institute, necessary to include printed copies. Energy. Association of Home Appliance 4. Hand Delivery/Courier: Hand ACTION: Extension of public comment Manufacturers, National Electric Delivery/Courier: Office of the Assistant period; notice of public hearing. Manufacturers Association, and AMCA General Counsel for Enforcement, U.S. International requesting a public SUMMARY: Department of Energy, Mailstop GC–32, The U.S. Department of hearing (see https:// 1000 Independence Avenue SW, Energy (‘‘DOE’’) is extending the public beta.regulations.gov/comment/EERE- Washington, DC 20585–0121. comment period for the notice of 2019-BT-CE-0015-0002). DOE has Telephone: (202) 287–5997. If possible, proposed rulemaking (‘‘NOPR’’) by reviewed the request and considered the please submit all items on a CD, in which DOE proposes to revise its benefit to all stakeholders in providing which case it is not necessary to include existing enforcement regulations for an opportunity to engage in a public certain consumer products and printed copies. No telefacsimilies (faxes) will be hearing with DOE. DOE also considered commercial and industrial equipment the benefit of providing additional time covered under the Energy Policy and accepted. Docket: The docket for this activity, to review the NOPR and gather Conservation Act of 1975, as amended. information/data that DOE is seeking. DOE published the NOPR in the Federal which includes Federal Register notices, comments, and other Accordingly, DOE extends the comment Register on August 31, 2020, period until December 30, 2020. In establishing a public comment period supporting documents/materials, is available for review at http:// addition, DOE will be holding a webinar that ends on October 30, 2020. In this on December 8, 2020. document, DOE is extending the www.regulations.gov. All documents in comment period to December 30, 2020 the docket are listed in the http:// Public Participation www.regulations.gov index. However, and announcing a public hearing on DOE invites public participation in some documents listed in the index, December 8, 2020. this process through participation in the such as those containing information DATES: webinar and submission of written that is exempt from public disclosure, Comments: The comment period for comments and information. After the may not be publicly available. the NOPR published on August 31, 2020 webinar and the closing of the comment The docket web page can be found at (85 FR 53691), is extended. DOE will period, DOE will consider all timely- https://www.regulations.gov/ accept comments, data, and information submitted comments and additional docket?D=EERE-2019-BT-CE-0015. The regarding the NOPR received no later information obtained from interested docket web page contains instructions than December 30, 2020. parties, as well as information obtained on how to access all documents, Meeting: DOE will hold a webinar on through further analyses. Tuesday, December 8, 2020 from 12:00 including public comments in the p.m. to 4:00 p.m. EST. See ‘‘Public docket. Participation in the Webinar Participation,’’ for webinar registration FOR FURTHER INFORMATION CONTACT: Ms. The time and date of the webinar are information, participant instructions, Smitha Vemuri, U.S. Department of listed in the DATES section at the and information about the capabilities Energy, Office of the General Counsel, beginning of this document. If no available to webinar participants. If no GC–32, 1000 Independence Avenue SW, participants register for the webinar, participants register for the webinar, Washington, DC 20585–0121. then it will be cancelled. then it will be cancelled. Telephone: (202) 586–3421. Email: Webinar registration information, ADDRESSES: Interested persons are [email protected]. participant instructions, and encouraged to submit comments using For further information on how to information about the capabilities the Federal eRulemaking Portal at submit a comment or review other available to webinar participants will be http://www.regulations.gov. Follow the public comments and the docket contact published on DOE’s website: https://
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cms.doe.gov/eere/buildings/public- require revising the airplane flight comments, data, or views about this meetings-and-comment-deadlines. manual to incorporate a procedure to proposal. The most helpful comments Participants are responsible for ensuring check for the ECB status. The FAA is reference a specific portion of the their systems are compatible with the proposing this AD to address the unsafe proposal, explain the reason for any webinar software. condition on these products. recommended change, and include DOE encourages those who wish to DATES: The FAA must receive comments supporting data. To ensure the docket participate in the webinar to obtain the on this proposed AD by December 7, does not contain duplicate comments, NOPR from DOE’s website and to be 2020. commenters should send only one copy prepared to discuss its contents. Once ADDRESSES: You may send comments, of written comments, or if comments are again, a copy of the NOPR is available using the procedures found in 14 CFR filed electronically, commenters should at: https://www.regulations.gov/ 11.43 and 11.45, by any of the following submit only one time. Send your docket?D=EERE-2019-BT-CE-0015. methods: comments to an address listed under the Signing Authority • Federal eRulemaking Portal: Go to ADDRESSES section. Include ‘‘Docket No. https://www.regulations.gov. Follow the FAA–2020–0917; Project Identifier This document of the Department of MCAI–2020–00606–A’’ at the beginning Energy was signed on October 15, 2020, instructions for submitting comments. • Fax: 202–493–2251. of your comments. by Joseph J. DeSanctis, Deputy General • Mail: U.S. Department of Counsel for Litigation, Regulation, and Except for Confidential Business Transportation, Docket Operations, M– Enforcement, pursuant to delegated Information (CBI) as described in the 30, West Building Ground Floor, Room authority from the Secretary of Energy. following paragraph, and other W12–140, 1200 New Jersey Avenue SE, That document with the original information as described in 14 CFR Washington, DC 20590. 11.35, the FAA will post all comments signature and date is maintained by • Hand Delivery: Deliver to Mail DOE. For administrative purposes only, received, without change, as well as a address above between 9 a.m. and 5 report summarizing each substantive and in compliance with requirements of p.m., Monday through Friday, except the Office of the Federal Register, the public contact with FAA personnel Federal holidays. concerning this proposed rulemaking. undersigned DOE Federal Register For service information identified in Liaison Officer has been authorized to Before acting on this proposal, the FAA this NPRM, contact PILATUS Aircraft will consider all comments received by sign and submit the document in Ltd., Customer Technical Support electronic format for publication, as an the closing date for comments. The FAA (MCC), P.O. Box 992, CH–6371 Stans, will consider comments filed after the official document of the Department of Switzerland; phone +41 (0)41 619 67 74; Energy. This administrative process in comment period has closed if it is fax: +41 (0)41 619 67 73; email: possible to do so without incurring no way alters the legal effect of this [email protected]; document upon publication in the expense or delay. The FAA may change internet: https://www.pilatus- this NPRM because of those comments. Federal Register. aircraft.com. You may view this service Signed in Washington, DC, on October 16, information at the FAA, Airworthiness Confidential Business Information 2020. Products Section, Operational Safety Treena V. Garrett, Branch, 901 Locust Street, Kansas City, CBI is commercial or financial Federal Register Liaison Officer, U.S. Missouri. For information on the information that is both customarily and Department of Energy. availability of this material at the FAA, actually treated as private by its owner. [FR Doc. 2020–23321 Filed 10–22–20; 8:45 am] call (816) 329–4148. Under the Freedom of Information Act BILLING CODE 6450–01–P (FOIA) (5 U.S.C. 552), CBI is exempt Examining the AD Docket from public disclosure. If your You may examine the AD docket on comments responsive to this NPRM DEPARTMENT OF TRANSPORTATION the internet at https:// contain commercial or financial www.regulations.gov by searching for information that is customarily treated Federal Aviation Administration and locating Docket No. FAA–2020– as private, that you actually treat as 0917; or in person at Docket Operations private, and that is relevant or 14 CFR Part 39 between 9 a.m. and 5 p.m., Monday responsive to this NPRM, it is important through Friday, except Federal holidays. that you clearly designate the submitted [Docket No. FAA–2020–0917; Project The AD docket contains this NPRM, any comments as CBI. Please mark each Identifier MCAI–2020–00606–A] comments received, and other page of your submission containing CBI RIN 2120–AA64 information. The street address for as ‘‘PROPIN.’’ The FAA will treat such Docket Operations is listed above. marked submissions as confidential Airworthiness Directives; Pilatus Comments will be available in the AD under the FOIA, and they will not be Aircraft Ltd. Airplanes docket shortly after receipt. placed in the public docket of this AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: NPRM. Submissions containing CBI Administration (FAA), DOT. Doug Rudolph, Aerospace Engineer, should be sent to Doug Rudolph, ACTION: Notice of proposed rulemaking FAA, General Aviation & Rotorcraft Aerospace Engineer, FAA, General (NPRM). Section, International Validation Aviation & Rotorcraft Section, Branch, 901 Locust Street, Room 301, International Validation Branch, 901 SUMMARY: The FAA proposes to adopt a Kansas City, Missouri 64106; telephone: Locust Street, Room 301, Kansas City, new airworthiness directive (AD) for all (816) 329–4059; fax: (816) 329–4090; Missouri 64106; telephone: (816) 329– Pilatus Aircraft Ltd. (Pilatus) Model PC– email: [email protected]. 4059; fax: (816) 329–4090; email: 24 airplanes. This proposed AD was SUPPLEMENTARY INFORMATION: [email protected]. Any prompted by a report that electronic commentary that the FAA receives circuit breakers (ECBs) were found in a Comments Invited which is not specifically designated as locked state after maintenance, but The FAA invites you to participate in CBI will be placed in the public docket before flight. This proposed AD would this rulemaking by submitting written for this rulemaking.
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Discussion to replace the ‘‘Before Engine Start’’ step course of business or by the means The European Union Aviation Safety to check for ECBs that are ‘‘FAILED, identified in the ADDRESSES section. TRIPPED or LOCKED.’’ This added Agency (EASA), which is the Technical FAA’s Determination Agent for the Member States of the procedure will help ensure that there is European Union, has issued EASA AD indication to the pilot of the status of This product has been approved by equipment power supply before take-off. No. 2020–0096, dated April 29, 2020 the aviation authority of another According to the MCAI, this (referred to after this as the mandatory country, and is approved for operation condition, if not corrected, could lead to continuing airworthiness information, in the United States. Pursuant to the a loss of power supply to equipment, FAA’s bilateral agreement with the State or ‘‘the MCAI’’), to correct an unsafe without indication to the flightcrew condition for all Pilatus Model PC–24 of Design Authority, the FAA has been before take-off. To address this notified of the unsafe condition airplanes. The MCAI states an condition, the MCAI requires amending occurrence was reported where some described in the MCAI and service the AFM to include a temporary information referenced above. The FAA ECBs were found in a locked state after revision issued by Pilatus to provide maintenance, but before flight. This is proposing this AD because the FAA operators with the necessary preflight evaluated all the relevant information situation caused the airplane to have a check instructions. loss of equipment power before take-off and determined the unsafe condition You may examine the MCAI in the described previously is likely to exist or and the pilot had no indication of this AD docket on the internet at https:// develop on other products of the same situation. This was caused by www.regulations.gov by searching for type design. maintenance personnel turning off some and locating Docket No. FAA–2020– or all of the ECBs through the cockpit 0917. Proposed Requirements of This NPRM multi-function display (MFD) prior to performing maintenance and then Related Service Information Under 1 This proposed AD would require incorrectly or improperly resetting the CFR Part 51 revising the airplane flight manual to ECBs when the maintenance is Pilatus has issued PC–24 (Pilatus) incorporate a pilot preflight procedure complete. Currently, there is no Temporary Revision No. 02371–016, to check the ECB status. procedure in the airplane flight manual dated November 1, 2019, to the PC–24 Costs of Compliance (AFM) to check whether the ECBs have AFM. This service information contains been correctly set other than a step in a step to be added to the pilot preflight The FAA estimates that this proposed the AFM ‘‘Before Engine Start’’ section procedures to check the ECB status. AD would affect 30 airplanes of U.S. that checks whether any ECBs are This service information is reasonably registry. The FAA estimates the ‘‘FAILED’’ or ‘‘TRIPPED.’’ Pilatus has available because the interested parties following costs to comply with this issued a temporary revision to the AFM have access to it through their normal proposed 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 $2,550
Authority for This Rulemaking Regulatory Findings The Proposed Amendment Title 49 of the United States Code The FAA determined that this Accordingly, under the authority specifies the FAA’s authority to issue proposed AD would not have federalism delegated to me by the Administrator, rules on aviation safety. Subtitle I, implications under Executive Order the FAA proposes to amend 14 CFR part section 106, describes the authority of 13132. This proposed AD would not 39 as follows: have a substantial direct effect on the the FAA Administrator. Subtitle VII: States, on the relationship between the Aviation Programs, describes in more PART 39—AIRWORTHINESS national Government and the States, or DIRECTIVES detail the scope of the Agency’s on the distribution of power and authority. responsibilities among the various ■ 1. The authority citation for part 39 The FAA is issuing this rulemaking levels of government. continues to read as follows: under the authority described in For the reasons discussed above, I Subtitle VII, Part A, Subpart III, Section certify this proposed regulation: Authority: 49 U.S.C. 106(g), 40113, 44701. 44701: General requirements. Under (1) Is not a ‘‘significant regulatory § 39.13 [Amended] that section, Congress charges the FAA action’’ under Executive Order 12866, ■ with promoting safe flight of civil (2) Will not affect intrastate aviation 2. The FAA amends § 39.13 by adding the following new airworthiness aircraft in air commerce by prescribing in Alaska, and directive: regulations for practices, methods, and (3) Will not have a significant procedures the Administrator finds economic impact, positive or negative, Pilatus Aircraft Ltd.: Docket No. FAA–2020– necessary for safety in air commerce. on a substantial number of small entities 0917; Project Identifier MCAI–2020– 00606–A. This regulation is within the scope of under the criteria of the Regulatory that authority because it addresses an Flexibility Act. (a) Comments Due Date unsafe condition that is likely to exist or List of Subjects in 14 CFR Part 39 The FAA must receive comments by December 7, 2020. develop on products identified in this Air transportation, Aircraft, Aviation rulemaking action. safety, Incorporation by reference, (b) Affected ADs Safety. None.
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(c) Applicability Customer Technical Support (MCC), P.O. Box • Mail: U.S. Department of This airworthiness directive (AD) applies 992, CH–6371 Stans, Switzerland; phone +41 Transportation, Docket Operations, M– to Pilatus Aircraft Ltd. Model PC–24 (0)41 619 67 74; fax: +41 (0)41 619 67 73; 30, West Building Ground Floor, Room airplanes, all serial numbers, certificated in email: [email protected]; W12–140, 1200 New Jersey Avenue SE, internet: https://www.pilatus-aircraft.com. any category. Washington, DC 20590. You may view this service information at the • (d) Subject FAA, Airworthiness Products Section, Hand Delivery: Deliver to Mail Air Transport Association (ATA) of Operational Safety Branch, 901 Locust Street, address above between 9 a.m. and 5 America Code 24, Electrical Power. Kansas City, Missouri. For information on the p.m., Monday through Friday, except availability of this material at the FAA, call Federal holidays. (e) Reason (816) 329–4148. For the material that will be This AD was prompted by a report that Issued on October 13, 2020. incorporated by reference (IBR) in this electronic circuit breakers (ECBs) were found AD, contact the EASA, Konrad- in a locked state after maintenance, but Lance T. Gant, Adenauer-Ufer 3, 50668 Cologne, before flight. ECBs were turned off prior to Director, Compliance & Airworthiness Germany; telephone +49 221 8999 000; maintenance and then not reset properly after Division, Aircraft Certification Service. email [email protected]; internet maintenance was complete. The FAA is [FR Doc. 2020–23301 Filed 10–22–20; 8:45 am] issuing this AD to prevent improperly set www.easa.europa.eu. You may find this ECBs, which if not detected, could lead to BILLING CODE 4910–13–P IBR material on the EASA website at loss of power supply to equipment without https://ad.easa.europa.eu. You may indication to the flightcrew before take-off. view this IBR material at the FAA, DEPARTMENT OF TRANSPORTATION (f) Compliance Airworthiness Products Section, Federal Aviation Administration Operational Safety Branch, 2200 South Comply with this AD within the 216th St., Des Moines, WA. For compliance times specified, unless already information on the availability of this done. 14 CFR Part 39 material at the FAA, call 206–231–3195. (g) Revision of the Airplane Flight Manual [Docket No. FAA–2020–0965; Project It is also available in the AD docket on (AFM) Identifier MCAI–2020–01068–T] the internet at https:// Within 30 days after the effective date of www.regulations.gov by searching for this AD, revise Section 4 of the existing AFM RIN 2120–AA64 and locating Docket No. FAA–2020– for your airplane by replacing the 0965. information as specified in PC–24 (Pilatus) Airworthiness Directives; Airbus SAS Temporary Revision No. 02371–016, dated Airplanes Examining the AD Docket November 1, 2019, to the Pilatus PC–24 You may examine the AD docket on AFM. AGENCY: Federal Aviation Administration (FAA), DOT. the internet at https:// (h) Alternative Methods of Compliance www.regulations.gov by searching for ACTION: Notice of proposed rulemaking (AMOCs) and locating Docket No. FAA–2020– (NPRM). The Manager, International Validation 0965; or in person at Docket Operations Branch, FAA, has the authority to approve SUMMARY: The FAA proposes to adopt a between 9 a.m. and 5 p.m., Monday AMOCs for this AD, if requested using the through Friday, except Federal holidays. procedures found in 14 CFR 39.19. Send new airworthiness directive (AD) for all Airbus SAS Model A350–941 and –1041 The AD docket contains this NPRM, any information to: Doug Rudolph, Aerospace comments received, and other Engineer, FAA, General Aviation & Rotorcraft airplanes. This proposed AD was Section, International Validation Branch, 901 prompted by a report that a welding information. The street address for Locust Street, Room 301, Kansas City, quality issue has been identified in the Docket Operations is listed above. Missouri 64106; telephone: (816) 329–4059; gimbal joint of the air bleed duct located Comments will be available in the AD fax: (816) 329–4090; email: doug.rudolph@ at each wing-to-pylon interface; the docket shortly after receipt. faa.gov. In accordance with 14 CFR 39.19, inner ring of a gimbal had deformed to FOR FURTHER INFORMATION CONTACT: send your request to your principal inspector an oval shape, which could lead to Kathleen Arrigotti, Aerospace Engineer, or local Flight Standards District Office, as cracking caused by direct contact Large Aircraft Section, International appropriate. Before using any approved Validation Branch, FAA, 2200 South AMOC, notify your appropriate principal between metal parts. This proposed AD inspector, or lacking a principal inspector, would require replacing affected bleed 216th St., Des Moines, WA 98198; the manager of the local flight standards duct assemblies and bleed gimbals at telephone and fax 206–231–3218; district office/certificate holding district the wing-to-pylon interface with a [email protected]. office. serviceable part, as specified in a SUPPLEMENTARY INFORMATION: (i) Related Information European Union Aviation Safety Agency Comments Invited (1) Refer to Mandatory Continuing (EASA) AD, which will be incorporated by reference. The FAA is proposing this The FAA invites you to any written Airworthiness Information (MCAI) European relevant data, views, or arguments about Union Aviation Safety Agency AD No. 2020– AD to address the unsafe condition on 0096, dated April 29, 2020, for related these products. this proposal. Send your comments to information. This MCAI may be found in the an address listed under the ADDRESSES DATES: The FAA must receive comments section. Include ‘‘Docket No. FAA– AD docket on the internet at https:// on this proposed AD by December 7, www.regulations.gov by searching for and 2020–0965; Project Identifier MCAI– locating Docket No. FAA–2020–0917. 2020. 2020–01068–T’’ at the beginning of your (2) For more information about this AD, ADDRESSES: You may send comments, comments. The most helpful comments contact Doug Rudolph, Aerospace Engineer, using the procedures found in 14 CFR reference a specific portion of the FAA, General Aviation & Rotorcraft Section, 11.43 and 11.45, by any of the following proposal, explain the reason for any International Validation Branch, 901 Locust methods: recommended change, and include Street, Room 301, Kansas City, Missouri • 64106; telephone: (816) 329–4059; fax: (816) Federal eRulemaking Portal: Go to supporting data. The FAA will consider 329–4090; email: [email protected]. https://www.regulations.gov. Follow the all comments received by the closing (3) For service information identified in instructions for submitting comments. date and may amend this proposal this AD, contact PILATUS Aircraft Ltd., • Fax: 202–493–2251. because of those comments.
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Except for Confidential Business for all Airbus SAS Model A350–941 and EASA AD 2020–0169R1 described Information (CBI) as described in the –1041 airplanes. This proposed AD was previously, as incorporated by following paragraph, and other prompted by a report that a welding reference, except for any differences information as described in 14 CFR quality issue has been identified in the identified as exceptions in the 11.35, the FAA will post all comments gimbal joint of the air bleed duct located regulatory text of this AD. received, without change, to at each wing-to-pylon interface; the regulations.gov, including any personal inner ring of a gimbal had deformed to Explanation of Required Compliance information you provide. The agency an oval shape, which could lead to Information will also post a report summarizing each cracking caused by direct contact In the FAA’s ongoing efforts to between metal parts. The FAA is substantive verbal contact received improve the efficiency of the AD proposing this AD to address this about this proposed AD. process, the FAA initially worked with condition, which could lead to hot Airbus and EASA to develop a process Confidential Business Information bleed air leakage in the pylon area, and to use certain EASA ADs as the primary possibly result in loss of the pneumatic CBI is commercial or financial source of information for compliance system and exposure of the wing information that is both customarily and with requirements for corresponding actually treated as private by its owner. structure to high temperatures, and lead to reduced structural integrity of the FAA ADs. The FAA has since Under the Freedom of Information Act coordinated with other manufacturers (FOIA) (5 U.S.C. 552), CBI is exempt airplane. See the MCAI for additional and civil aviation authorities (CAAs) to from public disclosure. If your background information. use this process. As a result, EASA AD comments responsive to this NPRM Related IBR Material Under 1 CFR Part 2020–0169R1 will be incorporated by contain commercial or financial 51 reference in the FAA final rule. This information that is customarily treated proposed AD would, therefore, require as private, that you actually treat as EASA AD 2020–0169R1 describes compliance with EASA AD 2020– private, and that is relevant or procedures for replacing affected bleed 0169R1 in its entirety, through that responsive to this NPRM, it is important duct assemblies and bleed gimbals at incorporation, except for any differences that you clearly designate the submitted the wing-to-pylon interface with identified as exceptions in the comments as CBI. Please mark each serviceable parts. This material is regulatory text of this proposed AD. page of your submission containing CBI reasonably available because the as ‘‘PROPIN.’’ The FAA will treat such interested parties have access to it Using common terms that are the same marked submissions as confidential through their normal course of business as the heading of a particular section in or by the means identified in the under the FOIA, and they will not be the EASA AD does not mean that ADDRESSES section. placed in the public docket of this operators need comply only with that NPRM. Submissions containing CBI FAA’s Determination and Requirements section. For example, where the AD should be sent to Kathleen Arrigotti, of This Proposed AD requirement refers to ‘‘all required Aerospace Engineer, Large Aircraft actions and compliance times,’’ This product has been approved by compliance with this AD requirement is Section, International Validation the aviation authority of another Branch, FAA, 2200 South 216th St., Des not limited to the section titled country, and is approved for operation ‘‘Required Action(s) and Compliance Moines, WA 98198; telephone and fax in the United States. Pursuant to the 206–231–3218; Kathleen.Arrigotti@ Time(s)’’ in the EASA AD. Service FAA’s bilateral agreement with the State information specified in EASA AD faa.gov. Any commentary that the FAA of Design Authority, the FAA has been receives which is not specifically 2020–0169R1 that is required for notified of the unsafe condition compliance with EASA AD 2020– designated as CBI will be placed in the described in the MCAI referenced public docket for this rulemaking. 0169R1 will be available on the internet above. The FAA is proposing this AD at https://www.regulations.gov by Discussion because the FAA evaluated all the searching for and locating Docket No. relevant information and determined FAA–2020–0965 after the FAA final The EASA, which is the Technical the unsafe condition described rule is published. Agent for the Member States of the previously is likely to exist or develop European Union, has issued EASA AD in other products of the same type Costs of Compliance 2020–0169R1, dated August 19, 2020 design. (‘‘EASA AD 2020–0169R1’’) (also The FAA estimates that this proposed referred to as the Mandatory Continuing Proposed AD Requirements AD affects 13 airplanes of U.S. registry. Airworthiness Information, or ‘‘the This proposed AD would require The FAA estimates the following costs MCAI’’), to correct an unsafe condition accomplishing the actions specified in to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on U.S. Labor cost Parts cost Cost per product operators
25 work-hours × $85 per hour = $2,125 ..... Up to $48,800 ...... Up to $50,925 ...... Up to $662,025.
Authority for This Rulemaking Aviation Programs, describes in more 44701: General requirements. Under detail the scope of the Agency’s that section, Congress charges the FAA Title 49 of the United States Code authority. with promoting safe flight of civil specifies the FAA’s authority to issue The FAA is issuing this rulemaking aircraft in air commerce by prescribing rules on aviation safety. Subtitle I, regulations for practices, methods, and section 106, describes the authority of under the authority described in procedures the Administrator finds the FAA Administrator. Subtitle VII: Subtitle VII, Part A, Subpart III, Section
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necessary for safety in air commerce. (e) Reason (3) Required for Compliance (RC): For any This regulation is within the scope of This AD was prompted by a report that a service information referenced in EASA AD that authority because it addresses an welding quality issue has been identified in 2020–0169R1 that contains RC procedures unsafe condition that is likely to exist or the gimbal joint of the air bleed duct located and tests: Except as required by paragraph at each wing-to-pylon interface; the inner (j)(2) of this AD, RC procedures and tests develop on products identified in this must be done to comply with this AD; any rulemaking action. ring of a gimbal had deformed to an oval shape, which could lead to cracking caused procedures or tests that are not identified as Regulatory Findings by direct contact between metal parts. The RC are recommended. Those procedures and FAA is issuing this AD to address this tests that are not identified as RC may be The FAA determined that this condition, which could lead to hot bleed air deviated from using accepted methods in proposed AD would not have federalism leakage in the pylon area, and possibly result accordance with the operator’s maintenance implications under Executive Order in loss of the pneumatic system and exposure or inspection program without obtaining 13132. This proposed AD would not of the wing structure to high temperatures, approval of an AMOC, provided the have a substantial direct effect on the and lead to reduced structural integrity of the procedures and tests identified as RC can be States, on the relationship between the airplane. done and the airplane can be put back in an airworthy condition. Any substitutions or national Government and the States, or (f) Compliance changes to procedures or tests identified as on the distribution of power and Comply with this AD within the RC require approval of an AMOC. responsibilities among the various compliance times specified, unless already (k) Related Information levels of government. done. For the reasons discussed above, I (1) For information about EASA AD 2020– certify this proposed regulation: (g) Requirements 0169R1, contact the EASA, Konrad- Except as specified in paragraph (h) of this Adenauer-Ufer 3, 50668 Cologne, Germany; (1) Is not a ‘‘significant regulatory telephone +49 221 8999 000; email ADs@ action’’ under Executive Order 12866, AD: Comply with all required actions and compliance times specified in, and in easa.europa.eu; internet (2) Will not affect intrastate aviation accordance with, European Union Aviation www.easa.europa.eu. You may find this in Alaska, and Safety Agency (EASA) AD 2020–0169R1, EASA AD on the EASA website at https:// (3) Will not have a significant dated August 19, 2020 (‘‘EASA AD 2020– ad.easa.europa.eu. You may view this economic impact, positive or negative, 0169R1’’). material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 on a substantial number of small entities (h) Exceptions to EASA AD 2020–0169R1 under the criteria of the Regulatory South 216th St., Des Moines, WA. For information on the availability of this Flexibility Act. (1) Where EASA AD 2020–0169R1 refers to its effective date, this AD requires using the material at the FAA, call 206–231–3195. This List of Subjects in 14 CFR Part 39 effective date of this AD. material may be found in the AD docket on (2) The ‘‘Remarks’’ section of EASA AD the internet at https://www.regulations.gov Air transportation, Aircraft, Aviation 2020–0169R1 does not apply to this AD. by searching for and locating Docket No. safety, Incorporation by reference, FAA–2020–0965. Safety. (i) No Reporting Requirement (2) For more information about this AD, Although the service information contact Kathleen Arrigotti, Aerospace The Proposed Amendment referenced in EASA AD 2020–0169R1 Engineer, Large Aircraft Section, Accordingly, under the authority specifies to submit certain information to the International Validation Branch, FAA, 2200 manufacturer, this AD does not include that South 216th St., Des Moines, WA 98198; delegated to me by the Administrator, requirement. telephone and fax 206–231–3218; the FAA proposes to amend 14 CFR part [email protected]. 39 as follows: (j) Other FAA AD Provisions The following provisions also apply to this Issued on October 15, 2020. PART 39—AIRWORTHINESS AD: Gaetano A. Sciortino, DIRECTIVES (1) Alternative Methods of Compliance Deputy Director for Strategic Initiatives, (AMOCs): The Manager, Large Aircraft Compliance & Airworthiness Division, ■ 1. The authority citation for part 39 Section, International Validation Branch, Aircraft Certification Service. continues to read as follows: FAA, has the authority to approve AMOCs [FR Doc. 2020–23235 Filed 10–22–20; 8:45 am] for this AD, if requested using the procedures BILLING CODE 4910–13–P Authority: 49 U.S.C. 106(g), 40113, 44701. found in 14 CFR 39.19. In accordance with § 39.13 [Amended] 14 CFR 39.19, send your request to your principal inspector or responsible Flight ■ 2. The FAA amends § 39.13 by adding Standards Office, as appropriate. If sending DEPARTMENT OF THE TREASURY the following new airworthiness information directly to the Large Aircraft directive (AD): Section, International Validation Branch, Alcohol and Tobacco Tax and Trade send it to the attention of the person Airbus SAS: Docket No. FAA–2020–0965; Bureau identified in paragraph (k)(2) of this AD. Project Identifier MCAI–2020–01068–T. Information may be emailed to: 9-AVS-AIR- 27 CFR Part 9 (a) Comments Due Date [email protected]. Before using any [Docket No. TTB–2020–0011; Notice No.196] The FAA must receive comments by approved AMOC, notify your appropriate principal inspector, or lacking a principal December 7, 2020. RIN 1513–AC63 inspector, the manager of the responsible (b) Affected ADs Flight Standards Office. Proposed Establishment of the Goose None. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions Gap Viticultural Area (c) Applicability from a manufacturer, the instructions must AGENCY: Alcohol and Tobacco Tax and This AD applies to all Airbus SAS Model be accomplished using a method approved Trade Bureau, Treasury. A350–941 and –1041 airplanes, certificated by the Manager, Large Aircraft Section, in any category. International Validation Branch, FAA; or ACTION: Notice of proposed rulemaking. EASA; or Airbus SAS’s EASA Design (d) Subject Organization Approval (DOA). If approved by SUMMARY: The Alcohol and Tobacco Tax Air Transport Association (ATA) of the DOA, the approval must include the and Trade Bureau (TTB) proposes to America Code 36, Pneumatic. DOA-authorized signature. establish the approximately 8,129-acre
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‘‘Goose Gap’’ viticultural area in Benton definitive viticultural areas and regulate AVA that are consistent with the County, Washington. The proposed the use of their names as appellations of existing AVA and explains how the viticultural area lies entirely within the origin on wine labels and in wine proposed AVA is sufficiently distinct established Yakima Valley and advertisements. Part 9 of the TTB from the existing AVA and therefore Columbia Valley viticultural areas. TTB regulations (27 CFR part 9) sets forth appropriate for separate recognition; designates viticultural areas to allow standards for the preparation and and vintners to better describe the origin of submission of petitions for the • A detailed narrative description of their wines and to allow consumers to establishment or modification of the proposed AVA boundary based on better identify wines they may American viticultural areas (AVAs) and USGS map markings. purchase. TTB invites comments on this lists the approved AVAs. Goose Gap Petition proposed addition to its regulations. Definition TTB received a petition from Alan DATES: TTB must receive comments by Busacca, on behalf of the Goose Gap December 22, 2020. Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines Wine Grower’s Association, proposing ADDRESSES: You may electronically a viticultural area for American wine as the establishment of the ‘‘Goose Gap’’ submit comments to TTB on this a delimited grape-growing region having AVA. The proposed Goose Gap AVA is proposal, and view copies of this distinguishing features, as described in located in Benton County, Washington, document, its supporting materials, and part 9 of the regulations, and a name and lies entirely within the established any comments TTB receives on it within and a delineated boundary, as Yakima Valley AVA (27 CFR 9.69) and Docket No. TTB–2020–0011 as posted established in part 9 of the regulations. Columbia Valley AVA (27 CFR 9.74). on Regulations.gov (https:// These designations allow vintners and The proposed Goose Gap AVA contains www.regulations.gov), the Federal consumers to attribute a given quality, approximately 8,129 acres and has 1 e-rulemaking portal. Please see the reputation, or other characteristic of a winery and 2 commercially-producing ‘‘Public Participation’’ section of this wine made from grapes grown in an area vineyards covering a total of more than document below for full details on how to the wine’s geographic origin. The 1,800 acres. The petition states that, in to comment on this proposal via establishment of AVAs allows vintners 2017, the two vineyards harvested more Regulations.gov or U.S. mail, and for to describe more accurately the origin of than 7,000 tons of grapes, and the full details on how to view or obtain their wines to consumers and helps winery produced about 50,000 cases of copies of this document, its supporting consumers to identify wines they may wine from those grapes. materials, and any comments related to purchase. Establishment of an AVA is According to the petition, the this proposal. neither an approval nor an endorsement distinguishing features of the proposed FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that Goose Gap AVA include its geology and Karen A. Thornton, Regulations and area. soils. The petition also included Rulings Division, Alcohol and Tobacco information on the general climate of Tax and Trade Bureau, 1310 G Street Requirements the region near the proposed AVA. NW, Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB However, the petition did not include phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines any actual climate data from within the SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA proposed Goose Gap AVA and instead and provides that any interested party provided climate data from the nearby Background on Viticultural Areas may petition TTB to establish a grape- established Red Mountain AVA (27 CFR TTB Authority growing region as an AVA. Section 9.12 9.167), which the petition asserts has a of the TTB regulations (27 CFR 9.12) similar climate. Because the petition did Section 105(e) of the Federal Alcohol prescribes the standards for petitions for not include evidence from within the Administration Act (FAA Act), 27 the establishment or modification of proposed AVA to support its climate U.S.C. 205(e), authorizes the Secretary AVAs. Petitions to establish an AVA claims, TTB is unable to determine that of the Treasury to prescribe regulations must include the following: climate is a distinguishing feature of the for the labeling of wine, distilled spirits, • Evidence that the area within the proposed AVA. Therefore, this proposed and malt beverages. The FAA Act proposed AVA boundary is nationally rule does not include a discussion of the provides that these regulations should, or locally known by the AVA name climate of the proposed AVA.1 TTB among other things, prohibit consumer specified in the petition; invites public comments that include deception and the use of misleading • An explanation of the basis for climate data from within the proposed statements on labels and ensure that defining the boundary of the proposed AVA and the surrounding regions. The labels provide the consumer with AVA; Bureau may determine climate to be a • adequate information as to the identity A narrative description of the distinguishing feature of this proposed and quality of the product. The Alcohol features of the proposed AVA that affect AVA if sufficient additional information and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, is received. Unless otherwise noted, all (TTB) administers the FAA Act soils, physical features, and elevation, information and data pertaining to the pursuant to section 1111(d) of the that make the proposed AVA distinctive proposed AVA contained in this Homeland Security Act of 2002, and distinguish it from adjacent areas document are from the petition for the codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; • proposed Goose Gap AVA and its Secretary has delegated the functions The appropriate United States supporting exhibits. and duties in the administration and Geological Survey (USGS) map(s) enforcement of these provisions to the showing the location of the proposed Name Evidence TTB Administrator through Treasury AVA, with the boundary of the The proposed Goose Gap AVA takes Order 120–01, dated December 10, 2013 proposed AVA clearly drawn thereon; its name from the geological feature • (superseding Treasury Order 120–01, If the proposed AVA is to be known as ‘‘Goose Gap,’’ which is dated January 24, 2003). established within, or overlapping, an Part 4 of the TTB regulations (27 CFR existing AVA, an explanation that both 1 The climate data is included in Docket TTB– part 4) authorizes TTB to establish identifies the attributes of the proposed 2020–0011 at https://www.regulations.gov.
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located within the proposed AVA. 2016 newspaper article about wine concurrent with the boundary of the Goose Gap is described as a slightly grape growing in Washington states, established Candy Mountain AVA (27 rolling ‘‘saddle’’ or ‘‘gap’’ of land ‘‘The Monson family started out in CFR 9.272). This boundary separates the situated between Goose Hill, which is cattle and fruit before developing Goose proposed Goose Gap AVA from Candy also within the proposed AVA, and Ridge Vineyards, and has turned a Mountain, which is also a separate Candy Mountain and Badger Mountain, unique property in Goose Gap into geographic feature. The eastern which are located to the east and 2,200 acres of wine grapes.’’ 6 A review boundary follows a series of roads and southeast of the proposed AVA, of Washington wines describes a 2016 drainage lines to separate the proposed respectively. The gap is labeled ‘‘Goose rose´ from Goose Ridge Vineyards, which AVA from Badger Mountain. The Gap’’ on U.S.G.S. quadrangle maps is located within the proposed AVA, southern and western boundaries follow dating back to 1965, including the 1965 and mentions that the wine was made a railroad track and the 600-foot Badger Mountain quadrangle map and by ‘‘Goose Gap winemaker Andrew elevation contour to separate the the 1978 Richland quadrangle map, both Wilson.’’ 7 proposed AVA from Badger Coulee. of which were included as exhibits to Several other references to ‘‘Goose Distinguishing Features the petition. The gap is also labeled Gap’’ are found in a 2015 plan for a ‘‘Goose Gap’’ on the 2017 Badger project to develop water rights and drill The distinguishing features of the Mountain quadrangle map used to deep irrigation wells for row crops, proposed Goose Gap AVA are its create the boundary of the proposed orchards, and vineyards on lands owned geology and soils. AVA. by the Washington State Department of Geology Natural Resources (DNR) in the region The petition states that the name The proposed Goose Gap AVA is of the proposed AVA. First, the ‘‘Goose Gap’’ has been used to describe comprised of two geographic features development plan refers to the project the region of the proposed AVA in with similar viticultural conditions: as the ‘‘DNR Red Mountain Goose Gap newspaper articles and other historical Goose Gap and the adjoining Goose Hill. Project.’’ 8 The plan states that ‘‘DNR’s sources since at least 1904, when a According to the petition, Goose Gap Red Mountain Goose Gap Complex and reference appeared in the journal Forest and Goose Hill together form part of a associated leases represent one of DNR’s and Stream. The 1904 article describes single folded and faulted block of the larger agriculture projects with a goose hunting trip at ‘‘Goose Gap, underlying Columbia River Basalt. through which the geese fly in reaching extensive acres of vineyard and orchard 9 Goose Gap is formed from a syncline, a the Horse Heaven feeding grounds after production and related infrastructure.’’ down-folded arch in the bedrock that they leave the sand bars of the Columbia Finally, a map of the DNR land parcels creates a saddle-like shape, whereas River.’’ 2 A 1913 article in the affected by the project notes, ‘‘Boundary Goose Hill is formed from an anticline, Kennewick Courier newspaper mentions between the Goose Gap and Red Mt. 10 an arch-like structure of basalt that was several local residents who participated Parcels are separate [sic] by I–82.’’ bent upwards to form a ridge and ‘‘in a goose hunt at ‘Goose Gap’ last TTB notes that Interstate 82 runs just slopes. Sunday.’’ 3 A 1959 publication on the inside the northern boundary of the The proposed AVA is part of a series early history of Benton City, proposed Goose Gap AVA and separates of folded hills and valleys collectively Washington, which is located near the the proposed AVA from the established known as the Yakima Fold Belt, which proposed AVA, notes that ‘‘[a]round the Red Mountain AVA. runs from the Beezley Hills in the north lower valley at Goose Gap up the Boundary Evidence to the Horse Heaven Hills in the south. canyon * * * the wild geese come to According to the petition, all of the The proposed Goose Gap AVA feed in great flocks at certain seasons of ridges and hills in the region encompasses Goose Gap and Goose Hill. the year.’’ 4 surrounding the proposed Goose Gap The majority of the northern boundary AVA have a northwest-southeast The petition also included more is concurrent with the southern orientation, including Rattlesnake recent examples to demonstrate that the boundary of the established Red Ridge, Red Mountain, and Candy region of the proposed AVA is currently Mountain AVA and separates Goose Mountain. However, Goose Hill has an referred to as ‘‘Goose Gap.’’ A road Gap and Goose Hill from Red Mountain, east-west orientation, as does the running through the proposed AVA is which is a separate geographic feature. adjoining Goose Gap. Furthermore, the named Goose Gap Road. A local The northeastern boundary follows a south and southwest slopes within the pawpaw fruit orchard is named Goose series of highways and roads and is Gap Pawpaws. A 1972 draft proposed Goose Gap AVA are significantly steeper than the north and environmental statement on the to Interstate 80N in Oregon, page 1–8 (1972). See proposal to build Interstate 82, which Exhibit 1.16 of the petition. northeast slopes. As a result, vineyards runs through the proposed AVA, notes 6 Kevin Cole, Wine grapes continue to thrive, Tri- in the proposed AVA are planted on the that a portion of the road will ‘‘follow City Herald, Oct. 20, 2016, at pages 8–9. See Exhibit north and northeast slopes. According a passage * * * to Goose Gap at the 1.7 of the petition. to the petition, the other hills and slopes 7 Andy Perdue & Eric Degerman, Northwest wine: 5 in the Yakima Fold Belt, including the northwest end of Badger Mountain.’’ A Spring into action on the patio with Northwest rose´, Tri-City Herald, May 20, 2017, www.tri- neighboring Red Mountain and Candy 2 Portus Baxter, Washington Geese, Forest and cityherald.com/living/food-drink/wine/ Mountain, have plantable south and Stream, Vol. 63, page 26 (1904). See Exhibit 1.10 article149577139.html. (Last accessed December 12, southwest slopes, while the north and of the petition. 2017). See Exhibit 1.8 of the petition. northeast slopes are too steep for 3 Richland items, Kennewick Courier, Nov. 18, 8 Washington Department of Natural Resources. 1913 at page 4. See Exhibit 1.12 of the petition. Attachment 1—Determined Future Development vineyards. 4 History Committee of the Community Plan and Supporting Documentation—DNR Red The petition states that the unique Development Program of Benton City, 1959, History Mountain Goose Gap Project. (2015). See Exhibit 1.4 slope aspect of the proposed Goose Gap of Benton City Washington 1853–1959, pages 6, 8– of the petition. AVA has an effect on viticulture. 10, 19 (Benton City, Washington 1959). See Exhibit 9 Ibid at page 1. Vineyards on north- and northeast- 1.15 of the petition. 10 Washington Department of Natural Resources. 5 Oregon State Highway Division and Washington Attachment 1–1—Red Mountain/Goose Gap facing slopes, such as those in the State Department of Highways. Draft Environmental Complex History, page 6 (2015). See Exhibit 1.5 of proposed AVA, receive less solar Statement—Interstate 82/182 Prosser, Washington the petition. radiation than vineyards on south- and
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southwest-facing slopes. The petition hardpan, so the soils remain well Comparison of the Proposed Goose Gap further states that data from three drained and are desirable for vineyards. AVA to the Existing Yakima Valley AVA vineyard locations within the proposed The petition states that the soils of the T.D. ATF–128, which published in AVA show that the vineyards receive an surrounding regions differ from those of the Federal Register on April 4, 1983 average of 980,500 watt-hours per the proposed Goose Gap AVA in both (48 FR 14374), established the Yakima square meter per year. By contrast, data abundance and composition. The Valley AVA. T.D. ATF–128 states that from three vineyard locations in the petition compared the soils of the topography, climate, and soils neighboring Red Mountain AVA, which prepared AVA to those of the Red distinguish the Yakima Valley AVA are planted on south- and southwest- from the surrounding regions. The facing slopes, show that the vineyards Mountain AVA, to the northwest of the proposed AVA, the Yakima Valley AVA, Yakima Valley AVA is bounded on the receive an average of 1,025,867 watt- north and south by basaltic uplifts; on hours per square meter per year. The which encompasses the proposed AVA, and the Horse Heaven Hills AVA (27 the east by Rattlesnake Mountain, Red petition states that while a difference in Mountain, and Badger Mountain; and solar radiation of 5 percent may seem CFR 9.188), which is adjacent to the Yakima Valley AVA and to the on the west by the foothills of the small, it can affect how quickly grapes Cascade Mountains. The western southwest of the proposed AVA. ripen. For example, Cabernet Sauvignon portion of the AVA is described as a Warden soils dominate the proposed grapes grown in the proposed AVA vast expanse of flat land, while the AVA, yet they comprise only 46 percent typically ripen a week to nine days later eastern portion is comprised of gently than the same varietal of grapes grown of the soils in the Red Mountain AVA sloping land. The Yakima Valley AVA in the Red Mountain AVA. and approximately 25 percent of the contains at least 13 different soil soils in both the entire Yakima Valley Soils associations, the most common being AVA and the Horse Heaven Hills AVA. the Warden-Shano Association and the The proposed Goose Gap AVA has Scooteney soils make up approximately Scooteney-Starbuck Association. five main soil series: Warden, Shano, 11 percent of the soils of the Red The proposed Goose Gap AVA is Kiona, Hezel, and Prosser. Together, Mountain AVA yet are completely located in the southeastern portion of these soil series comprise almost 95 absent in the proposed Goose Gap AVA, the Yakima Valley AVA and shares percent of the soil within the proposed with which the Red Mountain AVA some of the same general features. For AVA. The most abundant soil is the shares a boundary. Ritzville soils instance, both the proposed AVA and Warden series, which makes up 65 constitute almost 30 percent of the soils the established AVA rest on Columbia percent of the proposed AVA. These of the Horse Heaven Hills AVA, but they River Basalt and have soils that are a soils consist of wind-blown loess over too are absent from the proposed AVA. combination of glacial-flood and wind- layered or stratified silts and fine sands borne soils, including the Warden soil from the ancient Missoula Floods. Summary of Distinguishing Features series. Warden soils have rooting depths of six In summary, the geology and soils of However, the proposed Goose Gap feet or more with no hardpans or other AVA has some characteristics that the proposed Goose Gap AVA root-restrictive layers, and as such, they distinguish it from the Yakima Valley distinguish it from the surrounding are prized soils for vineyards. Kiona AVA. For example, the proposed Goose regions. Although the proposed Goose soils comprise about 9 percent of the Gap AVA is unique among the hills of proposed AVA and are formed in loess Gap AVA is underlain with the same the Yakima Valley AVA in that it has an and rubble from fractured basalt. Columbia River Basalt as most of eastern east-west alignment and a north- According to the petition, these soils are Washington, the basalt in the proposed northeast plantable slope aspect. typically found on the south-facing AVA was folded in an entirely unique Additionally, although Warden and slopes of the proposed AVA, which are manner. As a result, Goose Hill and Shano soils occur in the Yakima Valley in most cases too steep for vineyards. Goose Gap, the two adjoining features AVA, they comprise a larger percentage Also within the proposed Goose Gap that comprise the proposed AVA, both of the proposed Goose Gap AVA soils. AVA are Shano and Hezel soils, which have an east-west alignment and north- By contrast, many vineyards in the each make up about 7 percent of the northeast facing plantable slopes. By Yakima Valley AVA are planted on the soils of the proposed AVA. Shano soils contrast, all of the other slopes and hills Scooteney-Starbuck soil association, but are formed in deep wind-blown loess that comprise the Yakima Fold Belt Scooteney soils are not found within the and are highly desirable for vineyards, have a northwest-southeast alignment proposed AVA and Starbuck soils in part because their low levels of and south-southwest facing plantable comprise less than 2 percent of the organic matter prevent overly vigorous slopes. Additionally, Warden soils proposed AVA soils. vine and leaf growth. Shano soils are comprise approximately 65 percent of Comparison of the Proposed Goose Gap also desirable for vineyards because the soils in the proposed AVA but make their low natural soil moisture allows AVA to the Existing Columbia Valley up significantly less of the soils in the AVA growers to control vine development via Yakima Valley AVA, which the timing and amount of water applied encompasses the proposed AVA. The Columbia Valley AVA was by drip irrigation during the growing established by T.D. ATF–190, which Warden soils also comprise significantly season. Hezel soils are made of wind- was published in the Federal Register less of the soils in the Red Mountain blown sand over stratified Missoula on November 13, 1984 (49 FR 44897). AVA to the immediate northwest of the Floods silts and sands. Finally, Prosser The Columbia Valley AVA covers soils comprise about 5 percent of the proposed AVA and the Horse Heaven approximately over 11 million acres in soils in the proposed AVA. These soils Hills AVA to the southwest of the Washington along the Columbia and formed in loess mixed with flood proposed AVA. Several soil series Snake Rivers. According to T.D. ATF– sediments that total only about 30 common in the surrounding regions, 190, the AVA is a large, treeless, broadly inches of soil thickness over basaltic including Scooteney and Ritzville, are undulating basin with elevations that bedrock. However, the underlying basalt completely absent from the proposed are generally below 2,000 feet. In is fractured and not plugged by a Goose Gap AVA. general, the growing season within the
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Columbia Valley AVA is over 150 days, § 4.39(i)(2) of the TTB regulations (27 Labels, TTB is particularly interested in and growing degree day accumulations CFR 4.39(i)(2)) for details. comments regarding whether there will are generally over 2,000. If TTB establishes this proposed AVA, be a conflict between the proposed AVA The proposed Goose Gap AVA shares its name, ‘‘Goose Gap,’’ will be name and currently used brand names. some of the same general characteristics recognized as a name of viticultural If a commenter believes that a conflict as the Columbia Valley AVA. For significance under § 4.39(i)(3) of the will arise, the comment should describe example, elevations within the TTB regulations (27 CFR 4.39(i)(3)). The the nature of that conflict, including any proposed AVA are below 2,000 feet. text of the proposed regulation clarifies anticipated negative economic impact However, due to its much smaller size, this point. Consequently, wine bottlers that approval of the proposed AVA will the proposed AVA has more uniform using the name ‘‘Goose Gap’’ in a brand have on an existing viticultural characteristics than the large, multi- name, including a trademark, or in enterprise. TTB is also interested in county Columbia Valley AVA. The another label reference as to the origin receiving suggestions for ways to avoid proposed AVA encompasses a single of the wine, would have to ensure that conflicts, for example, by adopting a folded and faulted block of Columbia the product is eligible to use the AVA modified or different name for the AVA. River Basalt, characterized by the Goose name as an appellation of origin if this Submitting Comments Gap syncline and the adjoining Goose proposed rule is adopted as a final rule. You may submit comments on this Hill anticline. The Columbia Valley The approval of the proposed Goose document by using one of the following AVA, by contrast, consists of multiple Gap AVA would not affect any existing AVA, and any bottlers using ‘‘Yakima methods: ridges, hills, and valleys within a single • Federal e-Rulemaking Portal: You broad basin. Valley’’ or ‘‘Columbia Valley’’ as an appellation of origin or in a brand name may send comments via the online TTB Determination for wines made from grapes grown comment form posted with this document within Docket No. TTB– TTB concludes that the petition to within the Yakima Valley or Columbia Valley AVAs would not be affected by 2020–0011 on ‘‘Regulations.gov,’’ the establish the 8,129-acre Goose Gap AVA Federal e-rulemaking portal, at https:// merits consideration and public the establishment of this new AVA. The establishment of the proposed Goose www.regulations.gov. A direct link to comment, as invited in this notice of that docket is available under Notice proposed rulemaking. Gap AVA would allow vintners to use ‘‘Goose Gap,’’ ‘‘Yakima Valley,’’ and No. 196 on the TTB website at https:// Boundary Description ‘‘Columbia Valley’’ as appellations of www.ttb.gov/wine/notices-of-proposed- rulemaking. Supplemental files may be See the narrative description of the origin for wines made from grapes grown within the proposed Goose Gap attached to comments submitted via boundary of the petitioned-for AVA in Regulations.gov. For complete the proposed regulatory text published AVA if the wines meet the eligibility requirements for the appellation. instructions on how to use at the end of this proposed rule. Regulations.gov, visit the site and click Maps Public Participation on the ‘‘Help’’ tab. • U.S. Mail: You may send comments Comments Invited The petitioner provided the required via postal mail to the Director, maps, and they are listed below in the TTB invites comments from interested Regulations and Rulings Division, proposed regulatory text. You may also members of the public on whether it Alcohol and Tobacco Tax and Trade view the proposed Goose Gap AVA should establish the proposed Goose Bureau, 1310 G Street NW, Box 12, boundary on the AVA Map Explorer on Gap AVA. TTB is also interested in Washington, DC 20005. the TTB website, at https://www.ttb.gov/ receiving comments on the sufficiency Please submit your comments by the wine/ava-map-explorer. and accuracy of the name, boundary, closing date shown above in this Impact on Current Wine Labels soils, geology, and other required document. Your comments must information submitted in support of the reference Notice No. 196 and include Part 4 of the TTB regulations prohibits petition. In addition, given the proposed your name and mailing address. Your any label reference on a wine that Goose Gap AVA’s location within the comments also must be made in indicates or implies an origin other than existing Yakima Valley and Columbia English, be legible, and be written in the wine’s true place of origin. For a Valley AVAs, TTB is interested in language acceptable for public wine to be labeled with an AVA name, comments on whether the evidence disclosure. TTB does not acknowledge at least 85 percent of the wine must be submitted in the petition regarding the receipt of comments, and TTB considers derived from grapes grown within the distinguishing features of the proposed all comments as originals. area represented by that name, and the AVA sufficiently differentiates it from In your comment, please clearly state wine must meet the other conditions the existing established AVAs. TTB is if you are commenting for yourself or on listed in § 4.25(e)(3) of the TTB also interested in comments on whether behalf of an association, business, or regulations (27 CFR 4.25(e)(3)). If the the geographic features of the proposed other entity. If you are commenting on wine is not eligible for labeling with an AVA are so distinguishable from the behalf of an entity, your comment must AVA name and that name appears in the surrounding Yakima Valley and include the entity’s name, as well as brand name, then the label is not in Columbia Valley AVAs that the your name and position title. If you compliance and the bottler must change proposed Goose Gap AVA should no comment via Regulations.gov, please the brand name and obtain approval of longer be part of either AVA. Please enter the entity’s name in the a new label. Similarly, if the AVA name provide any available specific ‘‘Organization’’ blank of the online appears in another reference on the information in support of your comment form. If you comment via label in a misleading manner, the bottler comments. postal mail or hand delivery/courier, would have to obtain approval of a new Because of the potential impact of the please submit your entity’s comment on label. Different rules apply if a wine has establishment of the proposed Goose letterhead. a brand name containing an AVA name Gap AVA on wine labels that include You may also write to the that was used as a brand name on a the term ‘‘Goose Gap’’ as discussed Administrator before the comment label approved before July 7, 1986. See above under Impact on Current Wine closing date to ask for a public hearing.
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The Administrator reserves the right to Executive Order 12866 elevation contour and an unnamed determine whether to hold a public It has been determined that this intermittent stream in Section 16, T9N/ hearing. proposed rule is not a significant R27E; then Confidentiality regulatory action as defined by (4) Proceed southwesterly along the All submitted comments and Executive Order 12866 of September 30, unnamed intermittent stream to its attachments are part of the public record 1993. Therefore, no regulatory intersection with the 600-foot elevation and subject to disclosure. Do not assessment is required. contour in Section 20, T9N/R27E; then enclose any material in your comments Drafting Information (5) Proceed south, then southwesterly that you consider to be confidential or Karen A. Thornton of the Regulations along the 600-foot elevation contour, inappropriate for public disclosure. and Rulings Division drafted this notice crossing onto the Webber Canyon map, Public Disclosure of proposed rulemaking. for a total of approximately 3 miles to the intersection of the 600-foot elevation TTB will post, and you may view, List of Subjects in 27 CFR Part 9 contour and the western boundary of copies of this document, selected Section 27, T9N/R27E; then supporting materials, and any online or Wine. mailed comments received about this Proposed Regulatory Amendment (6) Proceed south along the western proposal within Docket No. TTB–2020– boundary of Section 27 to its For the reasons discussed in the 0011 on the Federal e-rulemaking intersection with the railroad tracks; preamble, TTB proposes to amend title portal, Regulations.gov, at https:// then 27, chapter I, part 9, Code of Federal www.regulations.gov. A direct link to Regulations, as follows: (7) Proceed southeasterly along the that docket is available on the TTB railroad tracks, crossing onto the Badger website at https://www.ttb.gov/wine/ PART 9—AMERICAN VITICULTURAL Mountain map, and continuing along notices-of-proposed-rulemaking under AREAS the railroad tracks for a total of Notice No. 196. You may also reach the approximately 3 miles to the relevant docket through the ■ 1. The authority citation for part 9 intersection of the railroad tracks with Regulations.gov search page at https:// continues to read as follows: Dallas Road in Section 36, T9N/R27E; www.regulations.gov. For information Authority: 27 U.S.C. 205. on how to use Regulations.gov, click on then the site’s ‘‘Help’’ tab. Subpart C—Approved American (8) Proceed east, then north along All posted comments will display the Viticultural Areas Dallas Road for approximately 2 miles commenter’s name, organization (if to its intersection with Interstate 182 in any), city, and State, and, in the case of ■ 2. Subpart C is amended by adding Section 20, T9N/R28E; then §9.lll to read as follows: mailed comments, all address (9) Proceed west along Interstate 182 information, including email addresses. §9.lll Goose Gap. and onto the ramp to Interstate 82, and TTB may omit voluminous attachments continue northwesterly along Interstate or material that the Bureau considers (a) Name. The name of the viticultural 82, crossing over the southwestern unsuitable for posting. area described in this section is ‘‘Goose You may also obtain copies of this Gap’’. For purposes of part 4 of this corner of the Richland map and onto the proposed rule, all related petitions, chapter, ‘‘Goose Gap’’ is a term of Benton City map, to the intersection of maps and other supporting materials, viticultural significance. Interstate 82 and an intermittent stream and any electronic or mailed comments (b) Approved maps. The 4 United in Section 13, T9N/R27E; then that TTB receives about this proposal at States Geological Survey (USGS) (10) Proceed northwesterly along the 20 cents per 8.5 x 11-inch page. Please 1:24,000 scale topographic maps used to intermittent stream to its intersection note that TTB is unable to provide determine the boundary of the Goose with E. Kennedy Road NE in Section 13, copies of USGS maps or any similarly- Gap viticultural area are titled: T9N/R27E; then sized documents that may be included (1) Benton City, WA, 2017; (11) Proceed north in a straight line to as part of the AVA petition. Contact (2) Richland, WA, 2017; TTB’s Regulations and Rulings Division (3) Badger Mountain, WA, 2017; and the northern boundary of Section 13, by email using the web form at https:// (4) Webber Canyon, WA, 2017. T9N/R27E; then www.ttb.gov/contact-rrd, or by (c) Boundary. The Goose Gap (12) Proceed westerly along the telephone at 202–453–1039, ext. 175, to viticultural area is located in Benton northern boundaries of Sections 13 and request copies of comments or other County, Washington. The boundary of 14, returning to the beginning point. materials. the Goose Gap viticultural area is as described below: Signed: August 26, 2020. Regulatory Flexibility Act (1) The beginning point is on the Mary G. Ryan, TTB certifies that this proposed Benton City map at the intersection of Administrator. regulation, if adopted, would not have Sections 10, 11, 15, and 14, T9N/R27E. Approved: September 24, 2020. a significant economic impact on a From the beginning point, proceed Timothy E. Skud, substantial number of small entities. southwesterly in a straight line for Deputy Assistant Secretary (Tax, Trade, and The proposed regulation imposes no approximately 250 feet to the 700-foot Tariff Policy). new reporting, recordkeeping, or other elevation contour in Section 15, T9N/ administrative requirement. Any benefit R27E; then [FR Doc. 2020–22925 Filed 10–22–20; 8:45 am] derived from the use of a viticultural (2) Proceed southwesterly along the BILLING CODE 4810–31–P area name would be the result of a 700-ft elevation contour to its proprietor’s efforts and consumer westernmost point in Section 15, T9N/ acceptance of wines from that area. R27E; then Therefore, no regulatory flexibility (3) Proceed southwesterly in a straight analysis is required. line to intersection of the 700-foot
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DEPARTMENT OF THE TREASURY among other things, prohibit consumer or locally known by the AVA name deception and the use of misleading specified in the petition; Alcohol and Tobacco Tax and Trade statements on labels and ensure that • An explanation of the basis for Bureau labels provide the consumer with defining the boundary of the proposed adequate information as to the identity AVA; 27 CFR Part 9 and quality of the product. The Alcohol • A narrative description of the features of the proposed AVA affecting [Docket No. TTB–2020–0012; Notice No. and Tobacco Tax and Trade Bureau 197] (TTB) administers the FAA Act viticulture, such as climate, geology, pursuant to section 1111(d) of the soils, physical features, and elevation, RIN 1513–AC64 Homeland Security Act of 2002, that make the proposed AVA distinctive codified at 6 U.S.C. 531(d). The and distinguish it from adjacent areas Proposed Establishment of the Lower Secretary has delegated various outside the proposed AVA; Long Tom Viticultural Area authorities through Treasury Order 120– • The appropriate United States AGENCY: Alcohol and Tobacco Tax and 01, dated December 10, 2013 Geological Survey (USGS) map(s) Trade Bureau, Treasury. (superseding Treasury Order 120–01, showing the location of the proposed AVA, with the boundary of the ACTION: Notice of proposed rulemaking. dated January 24, 2003), to the TTB Administrator to perform the functions proposed AVA clearly drawn thereon; • SUMMARY: The Alcohol and Tobacco Tax and duties in the administration and If the proposed AVA is to be and Trade Bureau (TTB) proposes to enforcement of these provisions. established within, or overlapping, an establish the approximately 25,000-acre Part 4 of the TTB regulations (27 CFR existing AVA, an explanation that both ‘‘Lower Long Tom’’ viticultural area in part 4) authorizes TTB to establish identifies the attributes of the proposed portions of Lane and Benton Counties in definitive viticultural areas and regulate AVA that are consistent with the Oregon. The proposed viticultural area the use of their names as appellations of existing AVA and explains how the lies entirely within the existing origin on wine labels and in wine proposed AVA is sufficiently distinct Willamette Valley viticultural area. TTB advertisements. Part 9 of the TTB from the existing AVA and therefore designates viticultural areas to allow regulations (27 CFR part 9) sets forth appropriate for separate recognition; vintners to better describe the origin of standards for the preparation and and • their wines and to allow consumers to submission of petitions for the A detailed narrative description of better identify wines they may establishment or modification of the proposed AVA boundary based on purchase. TTB invites comments on this American viticultural areas (AVAs) and USGS map markings. proposed addition to its regulations. lists the approved AVAs. Lower Long Tom Petition DATES: Comments must be received by Definition TTB received a petition from Dieter December 22, 2020. Section 4.25(e)(1)(i) of the TTB Boehm, owner of High Pass Vineyard ADDRESSES: You may electronically regulations (27 CFR 4.25(e)(1)(i)) defines and Winery, proposing the submit comments to TTB on this a viticultural area for American wine as establishment of the approximately proposal, and view copies of this a delimited grape-growing region having 25,000-acre ‘‘Lower Long Tom’’ AVA in document, its supporting materials, and distinguishing features, as described in portions of Lane and Benton Counties in any comments TTB receives on it within part 9 of the regulations, and a name Oregon. The proposed Lower Long Tom Docket No. TTB–2020–0012 as posted and a delineated boundary, as AVA lies entirely within the established on Regulations.gov (https:// established in part 9 of the regulations. Willamette Valley AVA (27 CFR 9.90) www.regulations.gov), the Federal e- These designations allow vintners and and does not overlap any other existing rulemaking portal. Please see the consumers to attribute a given quality, or proposed AVA. Within the proposed ‘‘Public Participation’’ section of this reputation, or other characteristic of a AVA are 10 wineries and 22 document below for full details on how wine made from grapes grown in an area commercially-producing vineyards that to comment on this proposal via to the wine’s geographic origin. The cover a total of approximately 492 acres. Regulations.gov or U.S. mail, and for establishment of AVAs allows vintners The distinguishing features of the full details on how to obtain copies of to describe more accurately the origin of proposed Lower Long Tom AVA are its this document, its supporting materials, their wines to consumers and helps topography, soils, and climate. Unless and any comments related to this consumers to identify wines they may otherwise noted, all information and proposal. purchase. Establishment of an AVA is data pertaining to the proposed AVA FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement contained in this document are from the Karen A. Thornton, Regulations and by TTB of the wine produced in that petition for the proposed Lower Long Rulings Division, Alcohol and Tobacco area. Tom AVA and its supporting exhibits. Tax and Trade Bureau, 1310 G Street Requirements Name Evidence NW, Box 12, Washington, DC 20005; phone 202–453–1039, ext. 175. Section 4.25(e)(2) of the TTB The proposed Lower Long Tom AVA regulations (27 CFR 4.25(e)(2)) outlines takes its name from the Long Tom River, SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA which runs along the eastern boundary Background on Viticultural Areas and provides that any interested party of the proposed AVA. According to the may petition TTB to establish a grape- petition, the origin of the river’s name TTB Authority growing region as an AVA. Section 9.12 is uncertain, but it is likely a poor Section 105(e) of the Federal Alcohol of the TTB regulations (27 CFR 9.12) phonetical adaptation of the native Administration Act (FAA Act), 27 prescribes the standards for petitions for name for the river, ‘‘Lama Tum Buff.’’ U.S.C. 205(e), authorizes the Secretary the establishment or modification of The petition included several examples of the Treasury to prescribe regulations AVAs. Petitions to establish an AVA of the use of ‘‘Long Tom’’ within the for the labeling of wine, distilled spirits, must include the following: region of the proposed AVA, including and malt beverages. The FAA Act • Evidence that the area within the the Long Tom Grange, an organization provides that these regulations should, proposed AVA boundary is nationally which serves farmers and their
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communities in the region of the in descriptions of the pioneer families proposed AVA is the lower, flatter proposed AVA. The grange also along the river. For example, the book valley of the Long Tom River. Farther organizes the Long Tom Country Trail, Along the Long Tom River also notes east is the Willamette Valley floor. To where ‘‘visitors can discover the beauty that early settlers to the area made their the south of the proposed AVA are and the bounty of the Long Tom River farms ‘‘[i]n the Lower Long Tom area, lower hills, the watershed of the upper watershed.’’ 1 The Long Tom Watershed downstream from the confluences of Long Tom River, and Fern Ridge Lake. Council 2 works to improve the water Spencer and Coyote Creeks * * *.’’ 9 quality of the Long Tom River and its Soils Boundary Evidence watershed, including the region within The most common soils within the the proposed AVA. The proposed Lower Long Tom AVA proposed Lower Long Tom AVA are The petitioner proposed the name is located in the southern portion of the Bellpine and Bellpine/Jory complex. ‘‘Lower Long Tom’’ to differentiate the existing Willamette Valley AVA, Loess soils, which are common region of the proposed AVA from the approximately 20 miles northwest of the elsewhere in the Willamette Valley region closer to the headwaters of the city of Eugene, Oregon, and AVA, are not present in the proposed Long Tom River. The ‘‘lower’’ portion of approximately the same distance south AVA. Bellpine soil is the most common the river is defined as the portion that of the city of Corvallis, Oregon. The soil in the Lane County portion of the flows from Fern Ridge Lake to the Long Tom River and its valley are proposed AVA. It is derived from Willamette River, as shown in a map in adjacent to the eastern boundary of the decomposed sedimentary marine uplift the book Along the Long Tom River proposed AVA. The northern boundary over a sandstone or siltstone substrate 3 which was included in the petition. A follows the Benton-Lane County line and is described as a well-drained soil 2016 public meeting notice from the and a series of creeks to separate the with a depth of 20–36 inches. According Long Tom Watershed Council uses a proposed AVA from the flatter, lower to the petition, the low water-holding similar definition of the lower portion of elevations of the Willamette Valley. The capacity of Bellpine soils creates stress the river, stating that the council eastern boundary of the proposed AVA on the vines that fosters ripening of the received funding to ‘‘improve the primarily follows the 360-foot elevation fruit. The relatively shallow depth of the function and habitat of the lower [sic] contour to separate the rolling hills of soil also forces roots deep into the Long Tom River from the Fern Ridge the proposed AVA from the flatter river substrate for nutrients and water. The Dam downstream to the Willamette valley lands. The southern boundary petition states that when grapevine roots 4 River.’’ follows a series of section lines to come into contact with the substrate, the Other reports from the Long Tom separate the proposed AVA from Fern nutrients and minerals in the substrate Watershed Council also use the term Ridge Lake, which marks the southern influence the tannin structure and ‘‘Lower Long Tom’’ to refer to the region limit of the portion of the Long Tom ageability of the wines produced from of the proposed AVA. For example, in River referred to as the Lower Long those grapes. Moving north into the its 2005 conservation strategy report, the Tom. The western boundary follows the Benton County portion of the proposed Council states, ‘‘Fluvial cutthroat trout 1,000-foot elevation contour to separate AVA, the soils transition to the migrate from the Willamette to streams the proposed AVA from the higher, Bellpine/Jory complex. This soil in the lower Long Tom for spawning, steeper elevations of the Coast Range. juvenile rearing, and refuge.’’ 5 Another combines sedimentary and volcanic example of name usage from the Distinguishing Features components and has a slightly greater water-holding capacity and slightly Council’s website is a web page titled The distinguishing features of the greater depth than Bellpine soil. Other ‘‘Lower Long Tom River Habitat proposed Lower Long Tom AVA are its minor soils found throughout the Enhancement Project Homepage,’’ 6 topography, soils, and climate. which describes watershed proposed Lower Long Tom AVA improvement projects in the Lower Topography include Dupee, Nekia, Willakenzie, and Long Tom region. One such project is The topography of the proposed Hazelair soils. described as ‘‘Lower Long Tom Riparian Lower Long Tom AVA is characterized To the north of the proposed AVA, Enhancement at Stroda’s,’’ 7 which by chains of rolling hills separated by the soils are predominately Jory soils. involved planting native trees and west-east trending valleys that were cut These soils are derived from volcanic removing invasive plant species at the by the tributaries of the Long Tom River. sources and are deeper and more fertile Stroda Brothers’ Farm. TTB notes that According to the petition, the ridges of than Bellpine or Bellpine/Jory complex the address for Stroda Brother’s Farm is the hills rise to approximately 1,000 feet soils. Jory soils also have a greater within the proposed AVA.8 in the western portion of the proposed water-holding capacity than either of Other examples of the use of the term AVA and descend to approximately 550 the primary soil types of the proposed ‘‘Lower Long Tom’’ to describe the feet before dropping to the Willamette Lower Long Tom AVA. To the east of region of the proposed AVA are found Valley floor, which is to the north and the proposed AVA, the soils are east of the proposed AVA. The majority described as deep alluvial river bottom 1 Turner, David. Along the Long Tom River of vineyards within the proposed AVA soils with higher fertility levels and (Junction City, OR: Paw Print, 2017), page 112. are planted at elevations between 450 greater water-holding capacity than the 2 www.longtom.org. and 650 feet. The steepest slope angles soils of the proposed AVA. According to 3 Turner, Along the Long Tom River, page 3. the petition, the higher fertility of 4 are about 45 percent, with the average http://www.longtom.org/nov-29-publilc-meeting- alluvial soils can promote excessive lower-long-tom-river-habitat-improvement-plan. slope angle being about 20 percent. 5 http://www.longtom.org/wp-content/uploads/ As previously stated, the high, rugged vegetation growth in grapevines. The 2012/05/Conservation-Strategy-with-maps- elevations of the Coast Range are to the region to the south of the proposed AVA goals.pdf, page 5. west of the proposed AVA. To the north contains mostly Bellpine soils, like the 6 longtom.org/lowerlongtom/. of the proposed AVA, the elevations proposed AVA, but without the 7 longtom.org/lower-long-tom-riparian- descend to the floor of the Willamette Bellpine/Jory complex. To the west of enhancement-at-strodas. the proposed AVA, the predominate 8 https://www.chamberofcommerce.com/monroe- Valley. To the immediate east of the or/pumpkin-patches/32703953-stroda-brothers- soils are of the Witzel and Ritner series, farm. 9 Turner, Along the Long Tom River, page 39. which are both derived from
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decomposed igneous rocks and contain regions to the north and south. Because surrounding regions outside of the varying amounts of rocks and cobbles. the proposed AVA is sheltered from the proposed AVA. Climate marine air, nocturnal temperatures are The petition did not include warmer than they are in more exposed According to the petition, the temperature data from within the regions to the north and south of the proposed AVA to support these claims. proposed Lower Long Tom AVA’s proposed AVA. The petition states that location east of the highest peaks of the However, it did include data relating to Pinot Noir grapes are the most Coast Range shields the proposed AVA harvest dates of Pinot Noir from commonly grown grape varietal in the from the marine air moving inland from vineyards within the proposed AVA and the Pacific Ocean. The petition states proposed AVA. Further, the petition vineyards to the north and south. that the high peaks, in particular Prairie claims that when grown in the proposed Harvest date information was not Mountain, which rises over 3,000 feet, AVA, Pinot Noir grapes have a deeper included for the regions to the east and divert the cool marine air flowing color, an intensive berry flavor, and west of the proposed AVA. The inland from the Pacific Ocean away earthy notes that are not as pronounced following tables summarize the harvest from the proposed AVA and into the in Pinot Noir grapes grown in the cooler date information.
TABLE 1—HARVEST DATES OF PINOT NOIR
Vineyard Harvest year 5-year (direction from proposed AVA) 2012 2013 2014 2015 2016 average
Union School Vineyard (within) ...... Oct. 2 ...... Sept. 19 ...... Sept. 15 ...... Sept. 13 ...... Sept. 9 ...... Sept. 20. High Pass Vineyard (within) ...... Oct. 6 ...... Oct. 4 ...... Sept. 23 ...... Sept. 18 ...... Sept. 16 ...... Sept. 26. Walnut Ridge Vineyard (within) ...... Oct. 8 ...... Oct. 3 ...... Sept. 28 ...... Sept. 14 ...... Sept. 12 ...... Sept. 25. Benton Lane Vineyard (within) ...... Oct. 7 ...... Sept. 16 ...... Sept. 10 ...... Sept. 1 ...... Sept. 1 ...... Sept. 18. Pfeiffer Vineyard (within) ...... Oct. 2 ...... Sept. 16 ...... Sept. 16 ...... Sept. 4 ...... Sept. 2 ...... Sept. 17. King Estate Vineyard (south) ...... Oct. 8 ...... Oct. 4 ...... Sept. 23 ...... Sept. 23 ...... Sept. 17 ...... Sept. 28. Lavell Vineyards (south) ...... Oct. 9 ...... Sept. 20 ...... Sept. 22 ...... Sept. 25 ...... Sept. 14 ...... Sept. 27. Croft Vineyard (north) ...... Oct. 14 ...... Oct. 4 ...... Sept. 20 ...... Sept. 24 ...... Sept. 19 ...... Oct. 2. Elton Vineyard (north) ...... Oct. 4 ...... Sept. 27 ...... Sept. 23 ...... Sept. 15 ...... Sept. 19 ...... Sept. 25. Willamette Valley Estate Vineyard Oct. 10 ...... Oct. 10 ...... Oct. 5 ...... Sept. 25 ...... Sept. 21 ...... Oct. 1. (north). Chapleton Hills Vineyard (north) ...... Oct. 11 ...... Oct. 10 ...... Sept. 20 ...... Sept. 26 ...... Oct. 2 ...... Oct. 1. Broadley Vineyards (north) ...... Oct. 9 ...... Sept. 19 ...... Sept. 16 ...... Sept. 9 ...... Sept. 13 ...... Sept. 24.
TABLE 2—AVERAGE HARVEST DATES OF PINOT NOIR BY REGION
Region Method 1 average 10 Method 2 average 11
Proposed AVA ...... Sept. 22 ...... Sept. 20. North ...... Sept. 28 ...... Sept. 28. South ...... Sept. 27 ...... Sept. 26.
The five-year average harvest dates for method used to calculate the average from the Pacific Ocean. The the vineyard locations within the harvest date. The harvest date data predominate soil series within the proposed Lower Long Tom AVA are supports the petitioner’s claim that proposed AVA are Bellpine or Bellpine/ earlier than the five-year average harvest growing season temperatures within the Jory complex, which are described as dates for vineyards to the south of the proposed AVA are generally warmer thin soils derived from sedimentary proposed AVA. When comparing the than the more marine-influenced marine uplift and marine uplift mixed five-year average harvest dates within temperatures of the regions to the north with volcanic material. The soils have a the proposed AVA to the five-year and south, and that such temperature low water-holding capacity. The average harvest dates north of the variations lead harvests for Pinot Noir proposed AVA has a warm growing proposed AVA, two vineyard locations grapes grown within the proposed AVA season climate, as suggested by the early to the north have earlier harvest dates to occur earlier than harvests for the harvest dates for Pinot Noir. than one of the vineyards within the same grape varietal grown within The region to the north of the proposed AVA. However, when regions to the north and south of the proposed AVA is characterized by the comparing the average harvest dates by proposed AVA. low, flat Willamette Valley floor. Soils region, the average harvest date within Summary of Distinguishing Features are predominately of the Jory series, the proposed AVA is earlier than the which are deep soils derived from average harvest date for the regions to In summary, the topography, soils, volcanic sources. The soils have a the north and south, regardless of the and climate of the proposed Lower Long greater water-holding capacity than the Tom AVA distinguish it from the soils of the proposed AVA. Average 10 According to the petition, Method 1 involved surrounding regions. Within the harvest dates for vineyards in this finding the halfway point between the earliest and proposed AVA, the topography consists region are later than harvest dates in the latest harvest date for each region. of east-west trending valleys cut by proposed AVA, suggesting a cooler 11 According to the petition, Method 2 involved growing season climate. calculating the sum of positive deviations from the tributaries of the Long Tom River and earliest harvest date divided by the number of chains of rolling hills that are sheltered To the immediate east of the proposed locations and added to the earliest date. from the marine air that moves inland AVA is the flat valley of the Long Tom
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River, while the valley of the Willamette invited in this notice of proposed document specifies only the full name River is farther to the east. Soils to the rulemaking. ‘‘Lower Long Tom’’ as a term of east of the proposed AVA are viticultural significance for purposes of Boundary Description predominately deep alluvial soils with part 4 of the TTB regulations. higher water-holding capacities. To the See the narrative description of the The approval of the proposed Lower west of the proposed AVA are the high, boundary of the petitioned-for AVA in Long Tom AVA would not affect any rugged elevations of the Coast Range, the proposed regulatory text published existing AVA, and it establishment including Prairie Mountain, which at the end of this proposed rule. would not affect any bottlers using divert the cold marine air away from the Maps ‘‘Willamette Valley’’ as an appellation of proposed AVA. Soils are mostly of the origin or in a brand name for wines Witzel and Ritner series. The petitioner provided the required made from grapes grown within the To the south of the proposed AVA are maps, and they are listed below in the Lower Long Tom AVA. The the lower hills of the watershed of the proposed regulatory text. You may also establishment of the proposed Lower upper Long Tom River, as well as Fern view the proposed Lower Long Tom Long Tom AVA would allow vintners to Ridge Lake. Because elevations to the AVA boundary on the AVA Map use ‘‘Lower Long Tom’’ and ‘‘Willamette south of the proposed AVA are lower, Explorer on the TTB website, at https:// Valley’’ as appellations of origin for marine air is able to reach this area. As www.ttb.gov/wine/ava-map-explorer. wines made from grapes grown within a result, the growing season climate is Impact on Current Wine Labels the proposed Lower Long Tom AVA, if cooler and annual harvest dates are later Part 4 of the TTB regulations prohibits the wines meet the eligibility than within the proposed AVA. Soils in any label reference on a wine that requirements for the appellation. this region are mostly Bellpine, similar indicates or implies an origin other than to the soils of the proposed AVA, but Public Participation the wine’s true place of origin. For a without the Bellpine/Jory complex. wine to be labeled with an AVA name, Comments Invited Comparison of the Proposed Lower Long at least 85 percent of the wine must be TTB invites comments from interested Tom AVA to the Existing Willamette derived from grapes grown within the members of the public on whether it Valley AVA area represented by that name, and the should establish the proposed Lower T.D. ATF–162, which published in wine must meet the other conditions Long Tom AVA. TTB is also interested the Federal Register on December 1, listed in § 4.25(e)(3) of the TTB in receiving comments on the 1983 (48 FR 54220), established the regulations (27 CFR 4.25(e)(3)). If the sufficiency and accuracy of the name, Willamette Valley AVA in northwest wine is not eligible for labeling with an boundary, soils, climate, topography, Oregon. The Willamette Valley AVA is AVA name and that name appears in the and other required information described in T.D. ATF–162 as a broad brand name, then the label is not in submitted in support of the petition. In alluvial plain surrounded by mountains. compliance and the bottler must change addition, given the proposed Lower Most elevations within the AVA do not the brand name and obtain approval of Long Tom AVA’s location within the exceed 1,000 feet, which is generally a new label. Similarly, if the AVA name existing Willamette Valley AVA, TTB is considered to be the maximum appears in another reference on the interested in comments on whether the elevation for reliable grape cultivation label in a misleading manner, the bottler evidence submitted in the petition in the region. Soils are described as would have to obtain approval of a new regarding the distinguishing features of primarily silty loams and clay loams. label. Different rules apply if a wine has the proposed AVA sufficiently The proposed Lower Long Tom AVA a brand name containing an AVA name differentiates it from the existing is located in the northwestern portion of that was used as a brand name on a Willamette Valley AVA. TTB is also the Willamette Valley AVA and shares label approved before July 7, 1986. See interested in comments on whether the some broad characteristics with the § 4.39(i)(2) of the TTB regulations (27 geographic features of the proposed established AVA. For example, Bellpine CFR 4.39(i)(2)) for details. AVA are so distinguishable from the soil, which is the most common soil in If TTB establishes this proposed AVA, surrounding Willamette Valley AVA the proposed AVA, is a silty clay loam. its name, ‘‘Lower Long Tom,’’ will be that the proposed Lower Long Tom Elevations within the proposed AVA are recognized as a name of viticultural AVA should no longer be part of that also generally below 1,000 feet. significance under § 4.39(i)(3) of the AVA. Please provide any available However, the proposed Lower Long TTB regulations (27 CFR 4.39(i)(3)). The specific information in support of your Tom AVA is described as a chain of text of the proposed regulation clarifies comments. hills, compared to the broad, treeless this point. Consequently, wine bottlers Because of the potential impact of the plain that comprises most of the using the name ‘‘Lower Long Tom’’ in establishment of the proposed Lower Willamette Valley AVA. Additionally, a brand name, including a trademark, or Long Tom AVA on wine labels that the proposed AVA’s location east of in another label reference as to the include the term ‘‘Lower Long Tom’’ as Prairie Mountain creates a unique origin of the wine, would have to ensure discussed above under Impact on microclimate. Prairie Mountain diverts that the product is eligible to use the Current Wine Labels, TTB is the cold marine air to the north and AVA name as an appellation of origin if particularly interested in comments south of the proposed AVA, giving the this proposed rule is adopted as a final regarding whether there will be a proposed AVA an earlier average rule. TTB is not proposing ‘‘Long Tom,’’ conflict between the proposed AVA harvest date and warmer growing season standing alone, as a term of viticultural name and currently used brand names. temperatures than the less-sheltered significance if the proposed AVA is If a commenter believes that a conflict regions of the Willamette Valley AVA. established because the term ‘‘Long will arise, the comment should describe Tom’’ is used to refer to the entire the nature of that conflict, including any TTB Determination region along the Long Tom River and anticipated negative economic impact TTB concludes that the petition to not just the lower portion of the river that approval of the proposed AVA will establish the approximately 25,000-acre where the proposed AVA is located. have on an existing viticultural Lower Long Tom AVA merits Accordingly, the proposed part 9 enterprise. TTB is also interested in consideration and public comment, as regulatory text set forth in this receiving suggestions for ways to avoid
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conflicts, for example, by adopting a that you consider to be confidential or Drafting Information modified or different name for the inappropriate for public disclosure. Karen A. Thornton of the Regulations proposed AVA. Public Disclosure and Rulings Division drafted this notice Submitting Comments of proposed rulemaking. TTB will post, and you may view, You may submit comments on this copies of this document, selected List of Subjects in 27 CFR Part 9 document by using one of the following supporting materials, and any online or Wine. methods: mailed comments received about this • Federal e-Rulemaking Portal: You proposal within Docket No. TTB–2020– Proposed Regulatory Amendment may send comments via the online 0012 on the Federal e-rulemaking For the reasons discussed in the comment form posted with this portal, Regulations.gov, at https:// preamble, TTB proposes to amend title document within Docket No. TTB– www.regulations.gov. A direct link to 27, chapter I, part 9, Code of Federal 2020–0012 as posted on that docket is available on the TTB Regulations, as follows: ‘‘Regulations.gov,’’ the Federal e- website at https://www.ttb.gov/wine/ rulemaking portal, at https:// notices-of-proposed-rulemaking under PART 9—AMERICAN VITICULTURAL www.regulations.gov. A direct link to Notice No.197. You may also reach the AREAS that docket is available under Notice relevant docket through the ■ 1. The authority citation for part 9 No. 197 on the TTB website at https:// Regulations.gov search page at https:// continues to read as follows: www.ttb.gov/wine/notices-of-proposed- www.regulations.gov. For information rulemaking. Supplemental files may be on how to use Regulations.gov, click on Authority: 27 U.S.C. 205. attached to comments submitted via the site’s ‘‘Help’’ tab. Subpart C—Approved American Regulations.gov. For complete All posted comments will display the Viticultural Areas instructions on how to use commenter’s name, organization (if Regulations.gov, visit the site and click any), city, and State, and, in the case of ■ 2. Subpart C is amended by adding on the ‘‘Help’’ tab at the top of the page. mailed comments, all address §9.lll to read as follows: • U.S. Mail: You may send comments information, including email addresses. via postal mail to the Director, TTB may omit voluminous attachments §9.lll Lower Long Tom. Regulations and Rulings Division, or material that the Bureau considers (a) Name. The name of the viticultural Alcohol and Tobacco Tax and Trade unsuitable for posting. area described in this section is ‘‘Lower Bureau, 1310 G Street NW, Box 12, You may also obtain copies of this Long Tom’’. For purposes of part 4 of Washington, DC 20005. proposed rule, all related petitions, this chapter, ‘‘Lower Long Tom’’ is a Please submit your comments by the maps and other supporting materials, term of viticultural significance. closing date shown above in this and any electronic or mailed comments (b) Approved maps. The four United document. Your comments must that TTB receives about this proposal at States Geological Survey (USGS) reference Notice No. 197 and include 20 cents per 8.5 x 11-inch page. Please 1:24,000 scale topographic maps used to your name and mailing address. Your note that TTB is unable to provide determine the boundary of the Lower comments also must be made in copies of USGS maps or any similarly- Long Tom viticultural area are titled: (1) Cheshire, Oregon, 1984; English, be legible, and be written in sized documents that may be included (2) Horton, Oregon, 1984; language acceptable for public as part of the AVA petition. Contact (3) Glenbrook, Oregon, 1984; and disclosure. TTB does not acknowledge TTB’s Regulations and Rulings Division (4) Monroe, Oregon, 1991. receipt of comments, and TTB considers by email using the web form at https:// (c) Boundary. The Lower Long Tom all comments as originals. www.ttb.gov/contact-rrd, or by viticultural area is located in Benton In your comment, please clearly state telephone at 202–453–1039, ext. 175, to and Lane Counties, in Oregon. The if you are commenting for yourself or on request copies of comments or other boundary of the Lower Long Tom behalf of an association, business, or materials. viticultural area is as described below: other entity. If you are commenting on Regulatory Flexibility Act (1) The beginning point is on the behalf of an entity, your comment must Cheshire map at the intersection of include the entity’s name, as well as TTB certifies that this proposed Franklin Road and the 360-foot your name and position title. If you regulation, if adopted, would not have elevation contour in Section 43, T16S/ comment via Regulations.gov, please a significant economic impact on a R5W. From the beginning point, enter the entity’s name in the substantial number of small entities. proceed west on Franklin Road to its ‘‘Organization’’ blank of the online The proposed regulation imposes no intersection with Territorial Road comment form. If you comment via new reporting, recordkeeping, or other (known locally as Territorial Highway); postal mail or hand delivery/courier, administrative requirement. Any benefit then please submit your entity’s comment on derived from the use of a viticultural (2) Proceed southwesterly along letterhead. area name would be the result of a Territorial Highway to its intersection You may also write to the proprietor’s efforts and consumer with an unnamed, unimproved road Administrator before the comment acceptance of wines from that area. north of Butler Road in Section 44, closing date to ask for a public hearing. Therefore, no regulatory flexibility T16S/R5W; then The Administrator reserves the right to analysis is required. (3) Proceed west in a straight line to determine whether to hold a public Executive Order 12866 the western boundary of Section 29, hearing. T16S/R5W; then It has been determined that this (4) Proceed north along the western Confidentiality proposed rule is not a significant boundary of Section 29 to the southern All submitted comments and regulatory action as defined by boundary of Section 57, T16S/R5W; attachments are part of the public record Executive Order 12866 of September 30, then and subject to disclosure. Do not 1993. Therefore, no regulatory (5) Proceed northwest in a straight enclose any material in your comments assessment is required. line to the right angle in the western
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boundary of Section 57, T16S/R5W; where it turns south in the town of ADDRESSES: Federal Communications then Cheshire; then Commission, 445 12th Street SW, (6) Proceed west in a straight line, (21) Continue south along the 360-foot Washington, DC 20554. crossing through Sections 58 and 38, to elevation contour and return to the FOR FURTHER INFORMATION CONTACT: the intersection of Sections 23, 24, 25, beginning point. Minsoo Kim, Pricing Policy Division of and 26, T16S/R6W; then Signed: the Wireline Competition Bureau, at (7) Proceed north along the western Mary G. Ryan, (202) 418–1739 or via email at boundary of Section 24 to the first [email protected]. intersection with the 800-foot elevation Administrator. SUPPLEMENTARY INFORMATION: This is a contour; then Approved: summary of the Commission’s Fourth (8) Proceed northerly, then Timothy E. Skud, Further Notice of Proposed Rulemaking, northwesterly along the 800-foot Deputy Assistant Secretary (Tax, Trade, and FCC 20–111, released August 7, 2020. elevation contour, crossing onto the Tariff Policy). This summary is based on the public Horton map, to the intersection of the [FR Doc. 2020–22603 Filed 10–22–20; 8:45 am] redacted version of the document, the 800-foot elevation contour and an BILLING CODE 4810–31–P full text of which can be obtained from unnamed, unimproved road with a the following internet address: https:// marked 782-foot elevation point in docs.fcc.gov/public/attachments/FCC- Section 10, T16S/R6W; then (9) Proceed west in a straight line to FEDERAL COMMUNICATIONS 20-111A1.pdf. COMMISSION the 1,000-foot elevation contour; then I. Introduction (10) Proceed northerly along the 47 CFR Part 64 1. The Communications Act divides 1,000-foot elevation contour, crossing jurisdiction for regulating onto the Glenbrook map, to the [WC Docket No. 12–375, FCC 20–111; FRS communications services, including elevation contour’s third intersection 17046] inmate calling services, between the with the Lane-Benton County line in Commission and the states. Specifically, Section 10, T15S/R6W; then Rates for Interstate Inmate Calling (11) Proceed east along the Lane- Services the Act empowers the Commission to Benton County line, crossing onto the regulate interstate communications AGENCY: Federal Communications services and preserves for the states Monroe map, to the R6W/R5W range Commission. line; then jurisdiction over intrastate (12) Proceed north along the R6W/ ACTION: Proposed rule. communications services. Because the R5W range line to its intersection with Commission has not always respected SUMMARY: In this document, the this division, the U.S. Court of Appeals Cherry Creek Road; then Commission continues to (13) Proceed northeasterly along for the District of Columbia Circuit has comprehensively reform inmate calling Cherry Creek Road to its intersection twice remanded the agency’s efforts to services rates to ensure just and with Shafer Creek along the T14S/T15S address rates and charges for inmate reasonable rates for interstate and township line; then calling services. international inmate calling services. (14) Proceed northeasterly along 2. The Commission proposes rate Specifically, the Commission proposes Shafer Creek to its intersection with the reform of the inmate calling services to lower the current interstate rate caps 300-foot elevation contour; then within its jurisdiction. As a result of the (15) Proceed easterly along the 300- to $0.14 per minute for debit, prepaid, D.C. Circuit’s decisions, the interim foot elevation contour, crossing and collect calls from prisons and $0.16 interstate rate caps of $0.21 per minute Territorial Highway, to the intersection per minute for debit, prepaid, and for debit and prepaid calls and $0.25 per of the elevation contour with the collect calls from jails. The Commission minute for collect calls that the marked old railroad grade in Section 33/ also proposes to cap rates for Commission adopted in 2013 remain in T14S/R5W; then international inmate calling services, effect today. Based on extensive analysis (16) Proceed south along the old which remain uncapped today. The of the most recent cost data submitted railroad grade to its intersection with Commission proposes a waiver process by inmate calling services providers, the the southern boundary of Section 9, that would allow providers to seek relief Commission proposes to lower its T15S/R5W; then from its rules at the facility or contract interstate rate caps to $0.14 per minute (17) Proceed west along the southern level if they can demonstrate that they for debit, prepaid, and collect calls from boundary of Section 9 to its intersection are unable to recover their legitimate prisons and $0.16 per minute for debit, with Territorial Highway; then inmate calling services-related costs at prepaid, and collect calls from jails. In (18) Proceed south along Territorial that facility or for that contract. Finally, so doing, the Commission uses a Highway to its intersection with the the Commission invites comment on methodology that addresses the flaws 360-foot elevation contour in Section whether the Commission should require underlying the Commission’s 2015 and 16; T15S/R5W; then the providers to submit additional data, 2016 rate caps and that is consistent (19) Proceed southwesterly along the and if so, how; on how the with the mandate in section 276 of the 360-foot elevation contour, crossing Commission’s regulation of interstate Act that inmate calling services Ferguson Creek, and continuing and international inmate calling providers be fairly compensated for generally southeasterly along the services should evolve in light of each and every completed interstate elevation contour, crossing onto the marketplace developments and call. Additionally, the Commission Cheshire map and crossing over Owens innovations, including alternative rate proposes to cap rates for international Creek and Jones Creek, to the point structures; and on the needs of inmate calling services, which remain where the elevation contour crosses incarcerated people with hearing or uncapped today. Bear Creek and turns north in Section speech disabilities. 3. The Commission believes that its 52; T16S/R5W; then DATES: Comments are due November 23, actions today will ensure that rates and (20) Continue northeasterly along the 2020. Reply Comments are due charges for interstate and international 360-foot elevation contour to the point December 22, 2020. inmate calling services are just and
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reasonable as required by section 201(b) states.’ ’’ Stated differently, section 2(b) providers to annually report information of the Act and thereby enable ‘‘erects a presumption against the on their operations, including their incarcerated individuals and their loved Commission’s assertion of regulatory current interstate, intrastate, and ones to maintain critical connections. At authority over intrastate international rates and their current the same time, given that the vast communications.’’ ancillary service charge amounts. In the majority of calls made by incarcerated 7. Although the Telecommunications 2016 ICS Reconsideration Order, the individuals are intrastate calls, the Act of 1996 ‘‘chang[ed] the FCC’s Commission increased its rate caps to Commission urges its state partners to authority with respect to some intrastate account for certain correctional facility take action to address the egregiously activities,’’ ‘‘the strictures of [section costs related to the provision of inmate high intrastate inmate calling services 2(b)] remain in force.’’ That is, ‘‘[i]nosfar calling services. rates across the country. as Congress has remained silent ..., 9. The Commission’s attempts to [section 2(b)] continues to function.’’ reform inmate calling services rates and II. Background Thus, while section 276 of the Act charges have a long history in the courts 4. Access to affordable specifically directs the Commission to and have not always been well received. communications services is critical for ensure that payphone service providers, In January 2014, in response to inmate all Americans, including incarcerated including inmate calling services calling services providers’ petitions for members of its society. Studies have providers, ‘‘are fairly compensated for review of the 2013 ICS Order, the D.C. long shown that incarcerated each and every completed intrastate and Circuit stayed the application of certain individuals who have regular contact interstate call using their payphone,’’ portions of that Order but allowed the with family members are more likely to that provision does not authorize the Commission’s interim rate caps to succeed after release and have lower Commission to regulate intrastate rates. remain in effect. Later that year, the recidivism rates. Unlike virtually every Nor does section 276 give the court held the petitions for review in other American, however, incarcerated Commission the authority to determine abeyance while the Commission people and the individuals they call ‘‘just and reasonable’’ rates. proceeded to set permanent rates. In have no choice in their telephone 8. Prior Commission Actions. The March 2016, in response to inmate service provider. Instead, their only Commission has taken repeated action calling services providers’ petitions for option is typically an inmate calling to address inmate calling services rates review of the 2015 ICS Order, the D.C. services provider chosen by the and charges. In the 2012 ICS Notice, the Circuit stayed the application of that correctional facility that, once chosen, Commission sought comment on Order’s rate caps and ancillary service operates as a monopolist. Absent whether to establish rate caps for charge cap for single-call services while effective regulation, rates for inmate interstate inmate calling services calls. the appeal was pending. Later that calling services calls can be unjustly In the 2013 ICS Order, the Commission month, the court stayed the application and unreasonably high and thereby established interim interstate rate caps of the Commission’s interim rate caps to impede the ability of incarcerated for debit and prepaid calls as well as intrastate inmate calling services. In individuals and their loved ones to collect calls and required all inmate November 2016, the court stayed the maintain vital connections. calling services providers to submit data 2016 ICS Reconsideration Order 5. Statutory Background. The (hereinafter, the First Mandatory Data pending the outcome of the challenge to Communications Act of 1934, as Collection) on their underlying costs so the 2015 ICS Order. In 2017, in GTL v. amended (the Act) establishes a system that the agency could develop a FCC, the D.C. Circuit vacated the rate of regulatory authority that divides permanent rate structure. In the 2014 caps in the 2015 ICS Order, finding that power over interstate, intrastate, and ICS Notice, the Commission sought the Commission lacked the statutory international communications services comment on reforming charges for authority to regulate intrastate rates and between the Commission and the states. services ancillary to the provision of that the methodology used to set the More specifically, section 2(a) of the Act inmate calling services and on caps was arbitrary and capricious. The empowers the Commission to regulate establishing rate caps for both interstate court remanded for further proceedings ‘‘interstate and foreign communication and intrastate inmate calling services with respect to certain rate cap issues; by wire or radio’’ as provided by the calls. In the 2015 ICS Order, the remanded the ancillary service charge Act. This regulatory authority includes Commission attempted to adopt a caps in that Order; and vacated one of ensuring that ‘‘[a]ll charges, practices, comprehensive framework for interstate the annual reporting requirements in classifications, and regulations for and and intrastate inmate calling services. that Order. in connection with’’ interstate or More specifically, the Commission 10. Because this procedural history is international communications services adopted limits on ancillary service somewhat complicated, the Commission are ‘‘just and reasonable’’ in accordance charges; set rate caps for interstate and provides background on the relevant with section 201(b) of the Act. Section intrastate inmate calling services calls; issues in turn below. 201(b) also provides that ‘‘[t]he extended the interim interstate rate caps 11. Ancillary Service Charges. Commission may prescribe such rules it adopted in 2013 to intrastate calls Ancillary service charges are fees that and regulations as may be necessary in pending the effectiveness of the new inmate calling services providers assess the public interest to carry out’’ these rate caps; and sought comment on on inmate calling service consumers provisions. whether and how to reform rates for that are not included in the per-minute 6. Section 2(b) of the Act preserves for international inmate calling services rates assessed for individual calls. In the the states jurisdiction over ‘‘charges, calls. The Commission also addressed 2015 ICS Order, in light of the classifications, practices, services, inmate calling services providers’ ability continued growth in the number and facilities, or regulations for or in to recover mandatory applicable pass- dollar amount of ancillary service connection with intrastate through taxes and regulatory fees. charges, and the fact that such charges communication service.’’ The Additionally, the Commission adopted a inflate the effective price that Commission is thus ‘‘ ‘generally Second Mandatory Data Collection to consumers pay for inmate calling forbidden from entering the field of enable it to identify trends in the market services, the Commission adopted intrastate communication service, and adopt further reform, and it reforms to limit such charges. The which remains the province of the required inmate calling services Commission established five types of
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permissible ancillary service charges, Commission to determine whether it less than 350. The Commission which are defined as follows: (1) Fees can segregate [the ancillary fee] caps on calculated these rate caps using for Single-Call and Related Services— interstate calls (which are permissible) industry- wide average costs and stated billing arrangements whereby an and the [ancillary fee] caps on intrastate that this approach would allow incarcerated person’s collect calls are calls (which are impermissible).’’ providers to ‘‘recover average costs at billed through a third party on a per-call 13. Mandatory Pass-Through Taxes each and every tier.’’ Additionally, the basis, where the called party does not and Fees. In the 2015 ICS Order, the Commission held that site have an account with the inmate calling Commission found record evidence that commissions—payments made by services provider or does not want to inmate calling services providers were inmate calling services providers to establish an account; (2) Automated charging end users fees under the guise correctional facilities or state authorities Payment Fees—credit card payment, of taxes. The Commission therefore held that are often required to win the debit card payment, and bill processing that such providers ‘‘are permitted to contract for provision of service to a fees, including fees for payments made recover mandatory-applicable pass- given facility—were not costs by interactive voice response, web, or through taxes and regulatory fees, but reasonably related to the provision of kiosk; (3) Third-Party Financial without any additional mark-up or inmate calling services. The Transaction Fees—the exact fees, with fees.’’ To implement this determination, Commission therefore excluded site no markup, that inmate calling services the Commission added rules governing commission payments from the cost providers are charged by third parties to an ‘‘Authorized Fee’’ and a ‘‘Mandatory data used to set the rate caps. transfer money or process financial Tax or Mandatory Fee.’’ The rule 16. On reconsideration in 2016, the transactions to facilitate a consumer’s regarding authorized fees included Commission increased the rate caps for ability to make account payments via a language precluding markups in the both interstate and intrastate inmate third party; (4) Live Agent Fees—fees absence of specific governmental calling services to expressly account for associated with the optional use of a authorization. The rule regarding correctional facility costs that are live operator to complete inmate calling mandatory taxes or fees, however, directly and reasonably related to the services transactions; and (5) Paper Bill/ contained no parallel language. To provision of inmate calling services. The Statement Fees—fees associated with correct this oversight, the Commission Commission set the revised rate caps at providing customers of inmate calling amended the rule in the 2016 ICS $0.13 per minute for prisons; $0.19 per services an optional paper billing Reconsideration Order to specify: ‘‘A minute for jails with average daily statement. The Commission then Mandatory Tax or Fee that is passed populations of 1,000 or more; $0.21 per capped the amount of each of these through to a Consumer may not include minute for jails with average daily charges and prohibited inmate calling a markup, unless the markup is populations of 350 to 999; and $0.31 per services providers from assessing any specifically authorized by a federal, minute for jails with average daily other ancillary service charges. The D.C. state, or local statute, rule, or populations of less than 350. 17. On review, the D.C. Circuit in GTL Circuit stayed the rule setting the regulation.’’ 14. On review, the D.C. Circuit v. FCC vacated the rate caps adopted in ancillary service charge cap for single- vacated the 2016 ICS Reconsideration the 2015 ICS Order. First, the court held call services on March 7, 2016, before Order ‘‘insofar as it purport[ed] to set that the Commission lacked the the rest of the ancillary service charge rate caps on inmate calling service’’ and statutory authority to cap intrastate caps were to go into effect. Therefore, remanded ‘‘the remaining provisions’’ of inmate calling services rates. The court the ancillary service charge cap for that Order to the Commission ‘‘for explained that the Commission’s single-call services never became further consideration . . . in light of the authority over intrastate calls is, except effective. disposition of this case and other related as otherwise provided by Congress, 12. In the 2015 ICS Order, the cases.’’ As a result, the Commission’s limited by section 2(b) of the Act and Commission applied these caps to all rule governing Mandatory Taxes or nothing in section 276 of the Act services ancillary to inmate calling Mandatory Fees was vacated to the overcomes this limitation. In particular, services, regardless of whether the extent that it ‘‘purport[ed] to set rate section 276 ‘‘merely directs the underlying service was interstate or caps.’’ Commission to ‘ensure that all [inmate intrastate. In particular, the Commission 15. Rate Caps. In the 2013 ICS Order, calling services] providers are fairly held that ‘‘section 276 of the Act in light of record evidence that rates for compensated’ for their inter- and authorizes the Commission to regulate inmate calling services calls greatly intrastate calls,’’ and it ‘‘is not a ‘general charges for intrastate ancillary services.’’ exceeded the reasonable costs of grant of jurisdiction’ over intrastate On review, the D.C. Circuit held that providing service, the Commission ratemaking.’’ ‘‘the Order’s imposition of ancillary fee adopted interim interstate rate caps of 18. Second, the D.C. Circuit held that caps in connection with interstate calls $0.21 per minute for debit and prepaid the ‘‘Commission’s categorial exclusion is justified’’ given the Commission’s calls and $0.25 per minute for collect of site commissions from the calculus ‘‘plenary authority to regulate interstate calls. In the 2015 ICS Order, in light of used to set [inmate calling services] rate rates under § 201(b), including ‘‘egregiously high’’ rates for intrastate caps defie[d] reasoned decisionmaking ‘practices . . . for and in connection inmate calling services calls, the because site commissions obviously are with’ interstate calls.’’ The court held, Commission relied on section 276 and costs of doing business incurred by however, that just as the Commission section 201(b) of the Act to adopt rate [inmate calling services] providers.’’ lacks authority to regulate intrastate caps for both intrastate and interstate The court directed the Commission to rates pursuant to section 276, the inmate calling services calls. The ‘‘assess on remand which portions of Commission likewise ‘‘had no authority Commission set tiered rate caps of $0.11 site commissions might be directly to impose ancillary fee caps with per minute for prisons; $0.14 per minute related to inmate calling services and respect to intrastate calls.’’ Because the for jails with average daily populations therefore legitimate, and which are not.’’ court could not ‘‘discern from the record of 1,000 or more; $0.16 per minute for The court did not reach inmate calling whether ancillary fees can be segregated jails with average daily populations of services providers’ remaining arguments between interstate and intrastate calls,’’ 350 to 999; and $0.22 per minute for ‘‘that the exclusion of site commissions it remanded the issue ‘‘to allow the jails having average daily populations of denies [them] fair compensation under
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[section] 276 and violates the Takings Commission’s Wireline Competition reported to be intrastate and that inmate Clause of the Constitution because it Bureau (Bureau) and Office of calling services providers are charging forces providers to provide services Economics and Analytics (OEA) egregiously high intrastate rates across below cost,’’ and it stated that the undertook a comprehensive analysis of the country. Intrastate rates for debit or Commission should address these issues the Second Mandatory Data Collection prepaid calls substantially exceed on remand once it revisits the exclusion responses and conducted multiple interstate rates in 45 states, with 33 of site commissions. follow-up discussions with inmate states allowing rates that are at least 19. Third, the D.C. Circuit held that calling services providers to supplement double the Commission’s cap and 27 the Commission’s use of industry-wide and clarify their responses. states allowing excessive ‘‘first-minute’’ averages in setting rate caps was 22. In February 2020, the Bureau charges up to 26 times that of the first arbitrary and capricious because it issued a public notice seeking to refresh minute of an interstate call. Indeed, lacked justification in the record and the record on ancillary service charges while interstate rates for the first minute was not supported by reasoned in light of the D.C. Circuit’s remand in and all subsequent minutes may not decisionmaking. More specifically, the GTL v. FCC. The Bureau sought exceed $0.25, inmate calling services court found the Commission’s use of a comment on, among other issues, (1) providers’ first-minute charges for weighted average per-minute cost to be whether each permitted inmate calling intrastate calls may range from $1.65 to ‘‘patently unreasonable’’ given that such services ancillary service charge may be $6.50. For example, one provider an approach made calls with above- segregated between interstate and reported the first-minute intrastate rate average costs unprofitable and thus did intrastate calls and, if so, how; (2) how of $5.341 and the additional per-minute ‘‘not fulfill the mandate of [section] 276 the Commission should proceed in the intrastate rate of $1.391 in Arkansas that ‘each and every’ ’’ call be fairly event any permitted ancillary service is while reporting the per-minute compensated. Additionally, the court ‘‘jurisdictionally mixed’’ and cannot be interstate rate of $0.21 for the same found that the 2015 ICS Order segregated between interstate and correctional facility. Similarly, another ‘‘advances an efficiency argument—that intrastate calls; and (3) any steps the provider reported the first-minute the larger providers can become Commission should take to ensure that intrastate rate of $6.50 and the profitable under the rate caps if they providers of interstate inmate calling additional per-minute intrastate rate of operate more efficiently—based on data services do not circumvent or frustrate $1.25 in Michigan while reporting the from the two smallest firms,’’ which the Commission’s ancillary service per-minute interstate rate of $0.25 for ‘‘represent less than one percent of the charge rules. the same correctional facility. Further, industry,’’ and that the Order did not 23. In April 2020, inmate calling Commission staff identified instances in account for conflicting record data. The services providers submitted data which a 15-minute intrastate debit or court therefore vacated this portion of pursuant to the Commission’s annual prepaid call costs as much as $24.80— the 2015 ICS Order and remanded to the reporting requirements and they did so almost seven times more than the Commission for further proceedings. using a revised annual reporting form maximum $3.15 that an interstate call of 20. Also in 2017, in Securus v. FCC, and accompanying instructions. First, the same duration would cost. the D.C. Circuit ordered the 2016 ICS the Bureau made minor revisions to the Reconsideration Order ‘‘summarily form and instructions in light of the D.C. III. Fourth Further Notice of Proposed vacated insofar as it purports to set rate Circuit’s vacatur of the Commission’s Rulemaking caps on inmate calling service’’ because annual reporting requirement for video 26. As a result of the D.C. Circuit’s the revised rate caps in that Order were visitation services offered by inmate decisions in GTL and Securus, the ‘‘premised on the same legal framework calling services providers. The GTL interim interstate rate caps that the and mathematical methodology’’ court held that the video visitation Commission adopted in the 2013 ICS rejected by the court in GTL v. FCC. The services reporting requirement adopted Order—$0.21 per minute for debit and court remanded ‘‘the remaining in the 2015 ICS Order was ‘‘too prepaid calls and $0.25 per minute for provisions’’ of that Order to the attenuated to the Commission’s collect calls—remain in effect today. Commission ‘‘for further consideration statutory authority to justify this Based on extensive analysis by . . . in light of the disposition of this requirement.’’ Accordingly, the Bureau Commission staff of the most recent cost case and other related cases.’’ As a eliminated questions regarding video data submitted by inmate calling result of the D.C. Circuit’s decisions in visitation from the annual reporting services providers, the Commission GTL and Securus, the interim rate caps reform. proposes comprehensive rate reform of that the Commission adopted in 2013 24. Second, the Bureau made the inmate calling services within its ($0.21 per minute for debit/prepaid calls additional revisions to the annual jurisdiction. and $0.25 per minute for collect calls) reporting form and instructions based 27. First, the Commission proposes to are in effect for interstate inmate calling on its experience in analyzing past lower its rate caps for interstate inmate services calls. annual reports and based on formal and calling services to $0.14 per minute for 21. More Recent Developments. In the informal input from inmate calling debit, prepaid, and collect calls from 2015 ICS Order, the Commission services providers, thereby making the prisons and $0.16 per minute for debit, directed that the Second Mandatory annual reports easier to understand and prepaid, and collect from jails. In so Data Collection be conducted two years analyze. Bureau and OEA staff used the doing, the Commission accounts for from publication of Office of April 2020 annual report responses to reasonable correctional facility costs, Management and Budget (OMB) supplement their understanding of the consistent with the court’s opinion in approval of the information collection. Second Mandatory Data Collection GTL, and the Commission accounts for The Commission received such responses. the fair compensation mandate of approval in January 2017 and 25. Commission staff also analyzed section 276 of the Act. The Commission publication occurred on March 1, 2017. the intrastate rate data submitted as part further proposes to find that the benefits Accordingly, on March 1, 2019, inmate of inmate calling services providers’ of its interstate rate cap proposal far calling services providers submitted most recent annual reports. Staff’s exceed the costs. their responses to the Second analysis reveals that the vast majority of 28. Second, the Commission proposes Mandatory Data Collection. The inmate calls—roughly 80%—are to cap rates for international inmate
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calling services, which remain for each facility type and use those Commission tentatively does not uncapped today. Specifically, the averages in determining its proposed believe, however, that this difference Commission proposes to adopt a rate rate caps. The Commission’s proposed merits different rates because inmate cap formula that permits a provider to rate cap methodology and its impact on calling service providers are already charge an international inmate calling providers’ ability to recover their costs permitted to charge a separate fee if an services rate up to the sum of the differ materially from the methodology incarcerated individual makes use of a provider’s per-minute interstate rate cap and impact that were before the D.C. live operator to place an interstate for that correctional facility plus the Circuit in GTL v. FCC. The Commission collect call. This additional ancillary amount that the provider must pay its seeks comment on each aspect of its service charge is on top of the per- underlying international service proposed rate cap methodology and on minute rate for the interstate collect call. provider for that call on a per-minute whether it will result in interstate Are there nevertheless reasons to basis. The Commission believes these inmate calling services rates that are just maintain different interstate rate caps proposals will ensure that the rates that and reasonable as required by the for collect versus prepaid/debit calling? incarcerated individuals and their loved Communications Act. If so, commenters should explain these ones pay for interstate and international 32. Uniform Caps for Prepaid/Debit reasons in detail. inmate calling services are just and and Collection Calls. The Commission 34. Different Caps for Prisons and reasonable as required by section 201(b) proposes to adopt identical interstate Jails. The Commission proposes to of the Act. rate caps for prepaid/debit and collect distinguish between two distinct facility 29. The Commission seeks comment calls based on the absence of any data types, proposing a rate cap for jails that on its proposals, including their impact demonstrating a material difference in is $0.02 per minute higher than the rate on small businesses, and the the costs of providing these different cap the Commission proposes for Commission seeks comment on any types of calls. For convenience, the prisons. This $0.02 per-minute alternative proposals. Commission refers herein to prepaid differential reflects the Commission’s and debit calls collectively as prepaid/ analysis of the cost data, which shows A. Proposing New Interstate Rate Caps debit calls. While each of these call greater variations from mean costs for 30. The Commission proposes to types is separately defined in the jails than prisons (and therefore a adopt permanent rate caps for interstate Commission’s rules, 47 CFR 64.6000(g) greater standard deviation from the inmate calling services of $0.14 per and (p), each involves a form of mean for jail than prisons). This two-tier minute for debit, prepaid, and collect advanced payment for inmate telephone rate structure departs from the four-tier calls from prisons and $0.16 per minute calls as distinguished from collect calls rate structure the Commission adopted for such calls from jails. These rate caps for which payment is sought from the in the 2015 ICS Order, which would apply to all calls that a provider called party at the time that the inmate established a rate cap for prisons as well identifies as interstate and to calls that call is placed. What is more, collect as three different rate caps for jails, the provider cannot definitively identify calling is no longer a popular method of based on the jails’ average daily as intrastate. inmate calling, and data show that the populations. As discussed in greater 31. The proposed rates are based on number of collect calls is small and has detail in an Appendix, staff analysis of its analyses of detailed cost data been declining relative to prepaid or the data submitted by the providers submitted by inmate calling services debit calls. In 2014, collect call minutes indicates that the average daily providers in their Second Mandatory represented 4.9% of all paid call population for jails does not Data Collection responses. These data minutes. In 2018, the share of collect meaningfully influence per-minute demonstrate that the proposed rates, in calls in all paid call minutes had fallen costs. The analysis similarly indicates conjunction with the fees permitted for to 2.2%. These findings are based on that per-minute costs are not materially ancillary services, will generally allow staff analysis of the data received in the influenced by other characteristics of providers to recover their costs, Second Mandatory Data Collection. The the facilities being examined. The including their overheads, and Commission seeks comment on current Commission seeks comment on this reimburse correctional facilities for any trends for collect calling, and on its analysis. costs that they incur that are directly proposal to adopt a single rate cap for 35. The Commission seeks comment related to the provision of inmate prepaid/debit and collect calls made on its proposal to adopt a single rate cap calling services. The Commission from the same facilities and on the for prisons and a single rate cap for jails. defines ‘‘overheads’’ as the difference overall data upon which the Are there differences in the costs of between the costs inmate calling Commission bases its proposal. Are serving different types of prisons or jails services providers assigned to their there cost differences between collect that are not apparent from the data contracts and their total inmate calling and prepaid/debit calls that providers submitted in response to the Second services costs. The Commission failed to identify in response to its data Mandatory Data Collection? If so, establishes its proposed rate caps based collection? If so, commenters should commenters should provide additional on (1) its calculated mean contract costs submit additional data on this point into analysis or data establishing those per paid minute to provide inmate the record. The Commission also seeks differences and explain how the calling services as reported by providers comment on whether attempting to Commission should take them into plus one standard deviation; and (2) an distinguish between the costs of account in setting interstate rate caps for allowance for recovery of correctional providing prepaid/debit calls and different types of facilities. facility costs directly related to the collect calls is necessary (or 36. Cost Recovery at the Contract provision of inmate calling services administratively efficient) given that Level. The Second Mandatory Data observed in that data. ‘‘Contract costs collect calls appear to be a disappearing Collection responses make clear that per paid minute’’ refers to the sum of a service. inmate calling services providers seek to contract’s direct costs and allocated 33. The Commission do notes one recover their costs at the contract, rather overheads divided by the number of apparent difference between collect and than facility, level. The providers paid minutes of use reported for that prepaid/debit calls: Specifically, collect therefore do not typically keep, and contract. The Commission calculates the calls are more likely to be initiated have not submitted, data that would mean of this value across all contracts through the use of a live operator. The capture cost differences among facilities
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of differing sizes under the same many providers assess their inmate proposes to use the reported minutes of contract. In these circumstances, the calling services operations on a use associated with each contract to Commission proposes to set interstate contract-by-contract basis, although perform that allocation. The rate caps based on its analysis of costs many contracts include multiple Commission seeks comment on this at the contract level. The Commission correctional facilities. Based on staff allocation method, including whether invites comment on this approach. analysis of the data, CenturyLink treated reported minutes of use provides a 37. Effective Date for New Interstate the Wisconsin DOC contract similarly, reasonable allocator. Would a different Rate Caps. The Commission proposes and GTL treated many, and perhaps all, allocator better capture how costs are that its new rate caps take effect 90 days of its multifacility contracts similarly. caused, and if so, why? Are there after notice of them is published in the These providers therefore reported systematic differences in costs or Federal Register. This is the same information—and the Commission systematic differences in the way costs transition timeframe that the analyzed that information—on a are calculated that the Commission Commission adopted when providers contract, rather than a facility, basis. should consider in its analysis? first became subject to the current The Commission seeks comment on this interim caps, and the record in this approach, in the absence of information 42. In developing its Second proceeding indicates that provided about the costs incurred on a Mandatory Data Collection response, implementation occurred without facility-by-facility basis. one provider, GTL, allocated indirect difficulty. The Commission seeks 40. The Second Mandatory Data costs between its inmate calling services comment on this view and on its Collection sought information about operations and its other operations proposal. Any commenter favoring a costs in several steps. A filer must first based on the percentages of total shorter or longer transition period identify which of its and its corporate company revenue each operation should provide a detailed explanation of affiliates’ total costs are directly generated. GTL and certain other precisely what steps providers and attributable to inmate calling services providers also used relative revenues to correctional facilities must take before and which are directly attributable to allocate their indirect costs among they can implement new rate caps for other operations. The filer must then contracts. The Commission has long interstate inmate calling services and allocate the remainder of the inmate disclaimed this allocation methodology how much time they anticipate it will calling services provider’s and its because it fails to provide a reliable take to accomplish each of those steps. affiliates’ total costs (i.e., the costs method for determining the costs of identified as indirect costs or overhead) 1. Methodology providing inmate calling services given between inmate calling services and the that ‘‘revenues measure only the ability 38. Calculating Mean Contract Costs affiliate groups’ other operations. The of an activity to bear costs, and not the per Paid Minute. The Commission’s rate filer may then choose to allocate some amount of resources used by the cap methodology begins with the or all of these costs to its particular activity.’’ One way of viewing the calculation of mean contract costs per inmate calling services contracts or even problem of using revenues as a cost paid minute in the provision of inmate to a given facility. The Commission allocation key is to consider two calling services. This calculation is notes that some providers interpreted identical services that have different based on data for the most recent year different steps in different ways. The prices. A revenue cost allocation key (2018) submitted in providers’ Second Commission seeks comment on each would allocate costs to the two services Mandatory Data Collection responses, as aspect of the submitted data and invite differently even though, by definition, supplemented and clarified in the parties to submit their own analyses they have the exact same costs. Consider record via follow-up discussions with consistent with the terms of the each provider. While the Second allocating costs between the interstate Protective Order in this proceeding. Are and intrastate jurisdiction based on Mandatory Data Collection collected there other issues regarding the data that data for 2014 to 2018, the Commission revenues. The record shows no reason the Commission should consider? Are to think that intrastate costs should be relies on data from 2018 because it is there other types of data the any higher than interstate costs. likely to be most representative of the Commission could seek to more fully However, because intrastate calls have current situation. Although the capture industry costs beyond the higher prices and earn higher revenues Commission requested data for each detailed and comprehensive data the per minute, such a mechanism would facility a provider serves, including Commission has already collected and information such as the average daily which providers claim reflects the level imply intrastate costs are significantly inmate population, the number of calls of granular cost data they keep? The higher than interstate costs. A related annually, the number of annual call Commission invites parties to submit problem is that using revenues to minutes, and the cost of serving that alternative proposals for us to consider allocate costs is somewhat circular— facility, in many instances providers in further evaluating the Second because the whole point of allocating reported data only at the contract level. Mandatory Data Collection responses. costs is to help determine what The cost data include both (1) costs that To the extent that commenters believe revenues need to be to cover those costs. may be directly attributed to the the Commission should collect Thus, a revenue-based allocator tends to provider’s inmate calling services additional data, the Commission seeks ‘‘lock in’’ the historical pricing operations and, in many instances, to a comment on the likelihood that inmate decisions of providers rather than drive given inmate calling services contract; calling services providers would be able rates toward actual costs. The and (2) costs, such as general corporate to provide the requested data, and, if so, Commission instead considered several overheads, that cannot be directly at what cost and in what timeframe. other means of allocating costs: Call attributed to a particular facility or even, 41. The Second Mandatory Data minutes, call numbers, contracts, and in some cases, a particular line of Collection did not require providers to facilities, and determined call minutes business. allocate costs that are not directly to be the most reasonable. The 39. The collected data are subject to associated with a specific contract Commission invites comment on these certain limitations based on differences among their different contracts. The observations and this allocator, and ask in recordkeeping practices among the Commission therefore needs to perform parties to suggest alternative ways to respondent providers. For example, such an allocation. The Commission more appropriately allocate costs for
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rate-making purposes that would costs of providing interstate inmate increases that mean by a standard provide more reliable results. calling services, including their direct deviation, and then adds an additional 43. Calculating Interstate Rate Caps costs of providing interstate inmate amount—$0.02 per minute—to account for Prisons and Jails. The Commission calling services under each of their for correctional facility costs. The next calculates proposed interstate rate contracts and correctional facility costs revenues from the proposed rate caps caps for both prisons and jails. Those directly related to the provision of would enable the vast majority of proposed caps equal the mean contract inmate calling services, while making providers to recover at least their costs per minute for all reporting reasonable contributions to providers’ reported costs, leaving only 1.5% (or 42/ providers, plus one standard deviation, indirect costs that are associated with 2,804) of all jail contracts with reported plus an additional $0.02 for correctional inmate calling services. average costs above what the proposed facility costs. Its calculations use total 46. The Commission’s calculations interstate rate caps would recover (and industry costs, both interstate and show a limited number of contracts the Commission seeks comment below intrastate, because the available data do where providers’ reported costs plus its on potentially waiving its caps in these not suggest that there are any allocation of overhead exceed the extraordinary cases). differences between the costs of revenues that the proposed interstate 48. As discussed in an Appendix, the providing interstate and intrastate rate caps would generate: Specifically, Commission assigned costs to contracts inmate calling services. Nor do such in only two out of 131 prison contracts, based on relative minutes of use. For data suggest a method for separating and 114 out of 2,804 jail contracts. The robustness, the Commission also takes reported costs between the intrastate Commission notes that the inmate the data at face value and analyzes its and interstate jurisdictions that might calling services providers’ reported proposed caps against those data. In that capture such differences, if any. Finally, costs exclude site commission scenario, only one prison contract and providers do not assert any such payments, although they do report 32 jail contracts would fail to recover differences. The Commission seeks information on site commission reported direct costs based on the comment on these views. payments. The Commission has Commission’s analysis. And only one 44. The Commission’s analysis of the determined previously that some prison contract or 0.8% (1/131) of cost data shows greater variations from portion of these site commission prison contracts and 21 or 0.7% (21/ mean costs for jails than for prisons, and payments do reflect legitimate costs that 2,804) of jail contracts would fail to its proposed rate caps reflect these correctional facilities incur that are recover their reported direct costs after standard deviations. The Commission reasonably related to the provision of accounting for certain ancillary service examined whether various inmate calling services. Based on its fees. The Commission seeks comment characteristics, such as location or size, analysis, the Commission’s proposed on this analysis. The Commission also would reveal additional, meaningful rate caps include a $0.02 per minute asks whether it would be appropriate to differences in costs that would justify allowance for these correctional facility set rates based on the costs of the vast separate rate caps for different groups of costs. If revenues that are currently majority of providers (for example, all contracts. The Commission found the generated from certain ancillary but the one or two providers with the main predictors of both costs per minute services, such as automated payment highest average costs per minute), in and high-cost contracts were the fees and paper billing and statement order to incent providers with above provider’s identity and the state where fees, are included, only 42 jail contracts average costs to be more efficient. While the facilities subject to a particular fail to recover costs under the the court in GTL rejected an efficiency contract are located. The Commission Commission’s allocation of overheads. argument advanced by the Commission, also found that facility type (whether Over half of these 42 jail contracts its concern in that case was that the the contracts covered prisons or jails) belong to a single provider, but account ‘‘average rates’’ relied on cost data from was a less strong predictor of costs per for a small portion of that provider’s firms representing only a small fraction minute and high-cost contracts. By broad contract portfolio. Based on staff of the industry and were not sufficiently contrast, other variables such as facility analysis of these 42 jail contracts, supported by the record. The approach size (measured by average daily approximately [REDACTED]. In the Commission proposes here, population) and rurality, or addition, the Commission does not however, is based on the costs of a combinations of such variables provided include revenues earned from live majority of providers and is consistent negligible predictive value. The operator fees because those data were with the record. Commission seeks comment on this not collected, even though the costs of 49. The presence of a number of analysis and on whether the live operators were collected and are prisons and jails with rates below the Commission nevertheless should set included in its analysis. The proposed interstate rate caps is further interstate rate caps on a more granular Commission seeks comment on this evidence that leads the Commission to basis. The Commission invites parties to approach and on whether the conclude that its proposed caps will suggest alternative approaches. Any Commission should exclude both the broadly allow cost recovery. The commenter proposing an alternative costs of, and revenues from, live Commission has identified nearly 800 approach should submit an explanation operator interactions from its analysis. prisons in 35 states that have set their of how the data support such an 47. In GTL v. FCC, the Court found the interstate debit, prepaid, and collect approach, as well as a discussion of the Commission’s reliance on industry inmate calling service rates at levels administrative feasibility of the average costs unreasonable because below its proposed cap of $0.14. These proposed alternative. even if any cost component of site include prisons in locations as diverse 45. The Commission believes its commissions were disregarded, the as Alabama, California, New Jersey, proposed rate caps will permit cost proposed caps were ‘‘below average New Mexico, West Virginia, and recovery for interstate inmate calling costs documented by numerous ICS Wyoming. Similarly, nearly 200 jails in services and the Commission seeks providers and would deny cost recovery 35 states set all of their interstate debit, comment on this view. The Commission for a substantial percentage of all inmate prepaid, and collect inmate calling specifically invites comment on calls.’’ Unlike that result, however, the service rates at levels below the whether its proposed interstate rate caps Commission proposes a methodology Commission’s proposed caps. would allow providers to recover their that begins with an industry mean cost, Confirming the Commission’s analysis
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of the cost data, facility size also does revenue sharing arrangements between correct for anomalies that would not seem to matter in these cases. The inmate calling services providers and improperly skew its results and lead to Commission seeks comment on whether financial companies. Some commenters unreasonably high interstate rate caps these data suggest that its proposed argue that certain inmate calling vis-a`-vis rate caps that approximate the interstate rate caps should be lowered services providers have entered into true costs of providing inmate calling even further notwithstanding the fact revenue-sharing arrangements with service. The Commission seeks that its proposed rates reflect what the third-party processing companies such comment on these adjustments. providers have most recently reported as Western Union and MoneyGram Specifically, to calculate the return as their inmate calling services costs. Is where a third-party processing company component of its costs, GTL uses what this evidence that some providers have shares its revenues generated from it refers to as the ‘‘invested capital of indeed reported costs in excess of their processing transactions for an inmate GTL.’’ That value equals the amount actual costs? calling services provider’ customers. In GTL’s current owners paid in 2011 to 50. The Commission notes that its rate contrast to typical third-party purchase the company from its prior cap calculations do not account for processing companies such as Western owners plus the amounts GTL paid for revenues earned from certain ancillary Union and MoneyGram, Pay Tel argues subsequent acquisitions. In December services, even though the costs of these that affiliates of an inmate calling 2011, American Securities purchased services, which were not independently services provider should not be treated GTL from Goldman Sachs Capital collected, are included in reported as third parties in applying the Partners and Veritas Capital Fund inmate calling services costs. The Commission rules as the affiliated Management LLC for $1 billion, Commission invites comment on processing company’s revenues will end including a $50 million contingencies whether the Commission should adjust up in the same bucket as the affiliated bonus. That purchase price significantly the proposed interstate rate caps to inmate calling services provider’s exceeded the $345 million that address ancillary services. For example, revenues. Commenters further argue Goldman Sachs and Veritas had paid to should the Commission exclude the that the shared revenue is an additional purchase GTL in February 2011. Those costs from these services from its source of profits for these inmate calling amounts as a matter of basic financial calculations? The Commission notes services providers. One commenter theory reflect GTL’s estimate of the that while revenues from such services suggests that certain providers have future profit streams the company are small or do not exist for many effectively created a third-party entity would generate as an ongoing concern contracts, in other cases, they are with whom those providers share in the provision of inmate calling significant. For example, the contract revenue that is passed through to services and the other services GTL mean of automated payment and paper consumers in the form of a third-party provides incarcerated people. bill/statement revenues per paid minute fee for single-call services. Marking up Consequently, these prices include any of use is approximately $0.05. This is third-party fees, whether directly or expected market rents embodied in calculated by taking the mean of the indirectly, is prohibited under the those profit streams. ‘‘Market rents’’ quotient of revenues from automated Commission’s rules. The Commission refers to the stream of profits that a payment and paper bill and statement seeks any evidence that providers are company expects to earn that it would fees and paid minutes of use for each using kickbacks or other means to not otherwise earn if faced with contract. The Commission seeks indirectly mark up such fees. What is effective competitive market constraints. comment on how the Commission the best way for us to detect these types Use of GTL’s invested capital as a basis should take these revenue sources into of practices? Should we, for example, for a regulated cost-based rate is account in setting interstate rate caps. require providers to include in their inconsistent with the well-established Should the Commission reduce its Annual Reports detailed information on principle that the purchase prices of proposed interstate caps by $0.05 across all sources of revenue in connection companies that possess market power the board or would this distort with their inmate calling services ‘‘are not a reliable or reasonable basis providers’ pricing decisions, especially operations and, if so, what specific for ratemaking.’’ in the case of contracts where additional data should the Commission automated payment and paper bill/ require providers to submit? The 53. The Commission proposes to statement fees are small or zero? Should Commission also invites comment on reduce the costs reported by GTL by the Commission instead impose an how the Commission should account for 10% in order to reduce or eliminate the interstate revenue cap and let providers any revenue that providers receive from distortion caused by the Commission’s decide how to raise those revenues? Or such arrangements in its rate cap estimate of the market rents reflected in would that type of discretion lead to calculations. For example, should the GTL’s reported costs and to use those rates that are hard to police in practice? Commission reduce the amount that a reduced costs in calculating its What alternative mechanisms could be provider may recover through per- interstate rate caps for inmate calling applied to ensure that a provider’s total minute rates and ancillary fees by the services. The Commission adjusts its revenue from interstate inmate calling amount it receives from sharing proposed interstate rate caps to reflect services and related ancillary services arrangements with third parties? The its reasoned estimate of the market rents allows the provider an opportunity to Commission seeks comment on any captured in GTL’s reported costs. As recover its costs of providing those additional modifications to the language explained more fully in an Appendix, services without subjecting incarcerated in its current ancillary services rules the Commission estimates those market people and those they call to that may be necessary to clarify what rents by analyzing GTL’s goodwill, as unreasonably high interstate rates? providers are permitted and not reported on its balance sheet. GTL’s 51. The Commission also asks permitted to do with respect to ancillary goodwill reflects the unamortized whether there is any other source of services charges. portion of excess purchase price and, revenue from inmate calling services presumably, market rents. This excess that the Commission should consider in 2. Necessary Adjustments to Data purchase price includes the value its analysis. For example, in the 2015 52. The interstate rate caps the remaining after accounting for fair ICS Further Notice, the Commission Commission proposes reflect certain market values for tangible and expressed concern regarding alleged adjustments to some provider data to intangible assets (excluding goodwill)
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and liabilities at the time of acquisition. scope arise when certain upfront costs, to another, a result that would have no The Commission computes the share of such as a payment platform, can be impact on GTL’s total reported costs for GTL’s net assets that its goodwill shared over increasing numbers of inmate calling services. GTL’s Second represents, and then further reduce this services, such as inmate calling services, Mandatory Data Collection response, computed share to represent only the commissary services, and tablet access however, leaves open the possibility portion that corresponds with capital and internet access. This again applies that the company also failed to properly costs. The Commission invites comment to GTL. While GTL may not face full identify the direct costs of its non- on this approach. Do commenters competitive pressure when it bids to inmate calling services operations. In believe it overstates, or understates, the supply inmate calling services, it is the that case, then GTL’s method of market rents included in GTL’s cost largest provider in the industry. This identifying its indirect inmate calling calculations? Would another adjustment suggests it is a reasonably effective services cost—‘‘multiplying its total method yield more accurate results? competitor, which in turn suggests it is indirect costs by a percentage received Would it be better to refrain from any not a high cost provider, and therefore, from ICS divided by its total revenue’’— adjustment to account for this apparent its reported costs are likely significantly almost certainly overstated its inmate overstatement of GTL’s costs? If so, overstated. Second, even after a 10% calling services costs. Indeed, allocating why? reduction, GTL is still an outlier among total company costs based on revenue is 54. The Commission recognizes that the larger providers, having a materially particularly inappropriate for a additional measures may be needed to higher share of reported costs than company, like GTL, that is not only eliminate what appear to be other minutes and with reported costs still expanding beyond a core business— significant overstatements in the inmate substantially above the industry inmate calling services—by investing in calling services costs reported by GTL. average. While the reduction lowers other lines of business, but that also Indeed, the Commission’s analysis of GTL’s average costs from [REDACTED] reaps revenues from egregiously high the cost data from all providers makes per minute, GTL’s average costs remain intrastate rates that serve to increase the clear that GTL’s reported costs are likely [REDACTED] above the industry average amount of indirect costs allocated to significantly overstated—both vis-a`-vis per minute cost. Upon reducing GTL’s inmate calling services reported under costs by the proposed percentage, the this methodology. other providers and in absolute terms. industry average per minute cost falls 57. In light of the impact that First, the Commission’s analysis shows from $0.089 to $0.084. Third, the overstatements of this magnitude by one that GTL’s reported costs are highest per minute rates charged on of the market’s largest providers may substantially greater than the industry many, including some large GTL have on its analysis, the Bureau has average, an anomalous result given that contracts, are materially less than the directed GTL to provide additional the Commission would expect GTL—as Commission’s estimate of the contract’s information regarding its operations, the largest provider in the inmate per paid minute costs. costs, revenues, and cost allocation calling services market—to benefit from 55. While some of this imbalance procedures. The information GTL files economies of scale and scope. The stems from GTL’s inflated asset in response to this directive will be Commission notes that ICSolutions and valuations, other aspects of GTL’s available to commenters, subject to the CenturyLink have just filed section 214 Second Mandatory Data Collection Protective Order in this proceeding. transfer of control applications with the response suggest that the company’s How should the Commission properly Commission whereby ICSolutions costing methodology systematically value GTL’s assets in a manner that would acquire control of all of overstated its inmate calling services excludes all market rents? How should CenturyLink’s inmate calling services costs. For example, the Second the Commission properly identify the business, except for the Texas Mandatory Data Collection required all direct costs of GTLs’ inmate calling Department of Corrections contract providers to identify their direct costs services and other operations? How which CenturyLink subcontracts with (i.e., those costs that are completely should the Commission allocate GTL’s Securus. GTL’s reported share of the attributable to a specific service, such as indirect costs using methods that reflect total costs reported by all providers of inmate calling services). GTL ignored how those costs are incurred? The inmate calling services is roughly 1.5 this instruction and instead identified as Commission asks parties to address all times greater than its reported share of direct inmate calling services costs only aspects of GTL’s responsive submission the industry’s minutes of use. Indeed, those costs ‘‘that could be directly that may affect its ability to GTL’s per paid minute contract costs are attributable to a particular correctional meaningfully evaluate GTL’s cost data higher than those of all but two of the facility contract.’’ This failure to comply and methodology. The Commission also other providers. This data is difficult to with the instructions resulted in GTL asks how the Commission should use reconcile with GTL’s scale and scope, incorrectly reporting as indirect inmate the information in that submission in and apparent efficiency, which suggest calling services costs its ‘‘expenses for setting interstate rate caps for inmate that GTL’s per-minute costs should be originating, switching, transporting, and calling services. lower than other provider’s costs. Scale terminating ICS calls’’ and ‘‘costs 58. It also appears that other economies arise when certain upfront associated with security features providers, notably Securus, may have costs, such as inmate calling services relating to the provision of ICS,’’ among also overstated their inmate calling platform costs, can be shared over other costs that appear to be completely services costs, although likely not to the increasing volumes of service. attributable to and thus properly same degree as GTL. The Commission Consistent with this, GTL, in its 2018 identifiable as direct costs of inmate invites each provider to reexamine its Description and Justification, reports calling services. The net result of this costing methodology in light of this [REDACTED]% of its assets to be failure is that GTL’s only reported direct Further Notice and to address in detail intellectual property. The costs of inmate calling services cost is its ‘‘bad in its comments whether that developing and maintaining such assets debt expense.’’ methodology properly identifies and are generally not related to extension of 56. Viewed in isolation, GTL’s allocates its inmate calling services supply of call minutes, and so as call noncompliance with the instructions costs. Providers should also update their minutes increase, the per minute share could have merely shifted its inmate Second Mandatory Data Collection of these costs decline. Economies of calling services costs from one contract responses to correct any discrepancies.
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To the extent that providers do not do record in previous proceedings and the the Commission’s decision to exclude so, should the Commission discount First Mandatory Data Collection also site commission payments from its cost their reported costs and, if so, to what showed high site commission payments. calculus and remanded the matter to the extent? Or should the Commission In the 2013 ICS Order, the record Commission for further consideration. instead require them to provide showed that site commission payments 63. Allowance for Reasonable additional information regarding their are often based on a percentage of Correctional Facility Costs. Consistent operations, costs, revenues, and cost revenues, which could range from 20% with the D.C. Circuit’s opinion in GTL allocation procedures so that the to 88%. Data from the First Mandatory v. FCC, 250 the Commission proposes to Commission can meaningfully evaluate Data Collection showed that site include an allowance for site their cost data and methodologies? commissions for at least one contract commission payments in the interstate had reached as much as 96% of gross rate caps to the extent those payments 3. Accounting for Correctional Facilities revenues. represent legitimate correctional facility Costs 61. Allowing inmate calling services costs that are directly related to the 59. The Commission’s proposed providers to treat all their site provision of inmate calling services. The interstate rate caps of $0.14 per minute commission payments as ‘‘costs’’ would $0.02 per minute that the Commission for prisons and $0.16 per minute for almost inevitably result in unjust and proposes reflects its analysis of the costs jails include $0.02 per minute to unreasonably high rates for incarcerated correctional facilities incur that are account for the costs correctional individuals and their loved ones to stay directly related to providing inmate facilities incur that are directly related connected. Prior to 2016, the calling services and that the facilities to the provision of inmate calling Commission viewed these payments recover from inmate calling services services and that represent a legitimate solely as an apportionment of profits providers as reflected by comparing cost for which providers of inmate between providers and facility owners provider cost data for facilities with and calling services may have to compensate even though it recognized some portion without site commission requirements. facilities. This $0.02 per-minute of them may be attributable to legitimate This analysis treats any costs associated allowance reflects its analysis of data facility costs. In the 2016 ICS with site commission payments as submitted in response to the Second Reconsideration Order, however, the correctional facility costs, and not Mandatory Data Collection. The Second Commission recognized that ‘‘some inmate calling services provider costs. Mandatory Data Collection indicates facilities likely incur costs that are The Commission requests comment on that payments in excess of $0.02 per directly related to the provision of ICS,’’ this analysis, which is discussed in minute would exceed the costs and determined that ‘‘it is reasonable for more detail in an Appendix. Does it correctional facilities incur in the those facilities to expect ICS providers properly capture the costs that providers provision of inmate calling services. to compensate them for those costs . . . should reasonably be expected to pay Nevertheless, the Commission [as] a legitimate cost of ICS that should correctional facilities to cover the costs recognizes that for contracts covering be accounted for in [the] rate cap those facilities reasonably incur in only smaller jails, the facility costs at calculations.’’ The Commission connection with interstate inmate these particular facilities may exceed therefore increased the rate caps it had calling services? If not, how should the $0.02 per minute. The Commission adopted in 2015 to allow for the Commission adjust its analysis? Should therefore considers adopting higher recovery of the facilities’ legitimate we, for example, vary the allowance for allowances for correctional facility costs costs. Because the qualitative record reasonable correctional facility costs for such contracts if the record in before it indicated that those per-minute based on a facility’s average daily response to this Further Notice supports costs increased as facilities’ inmate population, annual minutes of use, or such allowances. The Commission populations decreased, the Commission other measure of expected calling invites comment on these proposals. varied its allowance for site commission volume? The Commission asks 60. Background. Site commissions are payments based on correctional correctional facilities to provide payments that inmate calling services facilities’ average daily populations. The detailed information concerning the providers make to correctional facilities. rate caps for prepaid/debit inmate specific costs they incur in connection They have two components. They calling services calls were increased to with the provision of interstate inmate compensate correctional facilities for ‘‘$0.31 per minute for jails with an calling services, to the extent those costs the costs they reasonably incur in the average daily population (ADP) below are not already reflected in providers’ provision of inmate calling services, and 350, $0.21 per minute for jails with an costs, and why those costs should be they compensate those facilities for the ADP between 350 and 999, $0.19 per considered directly related to the transfer of their market power over minute for jails with an ADP of 1,000 or provision of inmate calling services. The inmate calling services to the inmate more, and $0.13 per minute for Commission also seeks alternative calling services provider. That market prisons.’’ The Commission also analyses that explain whether a $0.02 power is created by incarcerated increased the rate caps for collect calls per-minute allowance would properly people’s inability to choose an inmate by a commensurate amount. The cover those correctional facility costs calling services provider other than the Commission based these adjustment that are legitimately related to inmate provider the correctional facility selects, factors on comments and information calling services. The Commission effectively creating a monopoly for provided in the record at that time but similarly seeks comment on whether the inmate calling services within a prison did not base its adjustments on an Commission should reduce the or jail. This dynamic produces site analysis of provider-submitted data as allowance for prisons to $0.01 based on commission payments that exceed the Commission does herein. the analysis reflecting the differential of correctional facilities’ costs. The 62. In 2017, the D.C. Circuit held that providers’ costs with and without a site responses to the Second Mandatory Data the ‘‘wholesale exclusion of site commission obligation for prison Collection show that inmate calling commission payments from the FCC’s facilities. services providers paid [REDACTED] in cost calculus’’ in the 2015 ICS Order 64. The Commission also invites site commissions which amounts to was ‘‘devoid of reasoned decision- comment on whether a $0.02 per minute [REDACTED] of total inmate calling making and thus arbitrary and allowance would be adequate to cover services-related revenues in 2018. The capricious.’’ The court therefore vacated the costs that smaller jails incur in
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connection with the provision of actual costs plus a reasonable particularly in light of the D.C. Circuit’s interstate inmate calling services. The opportunity for profit. Here, the decision in GTL v. FCC? Commission asks that parties seeking a Commission’s proposed rate caps 4. Waiver Process for Outliers higher allowance in this situation include an allowance of $0.02 per document in detail the specific costs minute, as indicated above, to account 68. The Commission proposes to smaller jails reasonably incur in the for correctional facility costs included adopt a waiver process that permits provision of interstate inmate calling in reasonable site commissions; thus inmate calling services providers to seek services. The Commission also seeks they reflect the actual costs of providing waivers on a facility-by-facility or comment on whether there is any other service as reported by providers in the contract basis if the rate caps adopted by category of contracts or correctional record, plus a reasonable opportunity the Commission pursuant to this facilities for which a $0.02 per-minute for profit. Because the Commission’s Further Notice would prevent the allowance may be inadequate. proposed rate caps allow the provider from recovering the costs of providing interstate inmate calling 65. In GTL v. FCC, the D.C. Circuit correctional facility and the inmate services at that facility or at the facilities directed that the Commission address calling services provider to recover all covered by that contract. The on remand the issue of whether ‘‘the of their costs that are reasonably related Commission seeks comment on this exclusion of site commissions . . . to the provision of inmate calling proposal. Since first adopting interstate violates the Takings Clause of the services plus a reasonable opportunity for profit, there is no concern that the rate caps in the 2013 ICS Order, the Constitution because it forces providers Commission has permitted an inmate to provide services below cost.’’ The proposed rate caps violate the Takings Clause. The Commission seeks comment calling services provider to file a Commission does not believe that there petition for waiver if it believed it could are any potential taking concerns arising on these views. 66. The Public Interest Advocates not recover its costs under the from its rate cap proposals. The assert that, in GTL v. FCC, the D.C. Commission-adopted rate caps. The Commission has not received any post- Circuit ‘‘did not consider several Commission has required that, for remand comments addressing the important factors in the FCC’s decision- ‘‘substantive and administrative takings issue with respect to adopting making, including decades of consistent reasons, waiver petitions would be permanent interstate rate caps. The competition policy excluding locational evaluated at the holding company Commission did, however, receive a monopoly payments from rates . . . and level.’’ The Commission proposes to single comment from an inmate calling repeated FCC decisions to preempt state revise the waiver process so that it must services provider in response to the and local rules or contract provisions be evaluated at a facility or contract Worth Rises Request that inmate calling that the FCC finds are anti-competitive level. The Commission seeks further services providers offer ‘‘unlimited free . . . .’’ To ensure a complete record, the comment on administering the waiver service’’ during COVID–19 in the event Commission seeks comment on this process to address cost recovery on a ICS providers did not sign the view. Notwithstanding the facility or contract basis. In particular, Chairman’s Keep America Connected Commission’s decision in 2016 are there ways to decrease the Pledge. The ‘‘takings’’ reference in that recognizing that some portion of site administrative burdens of processing response, however, pertained to a commissions reflect legitimate facility such requests on a facility or contract request that providers offer service with costs related to the provision of inmate basis? no compensation, unlike the actions calling services, the Commission seeks 69. The Commission proposes that a proposed herein where the Commission comment on whether including an provider seeking a waiver of its proposes just and reasonable rate caps allowance for correctional facility costs interstate rate caps must demonstrate, that include recovery for facility in its rate caps will have adverse through the submission of reliable, provider costs, based on providers’ competitive effects that the Commission accurate, and transparent cost, demand, reported costs. Inmate calling services should consider. If so, what are those and revenue data, including data on any providers’ payment of site commissions effects? ancillary services it provides, that it will is consistent with agreements between 67. The Commission seeks comment be unable to recover its costs for each other types of payphone providers and on what types of correctional facility facility or contract for which a waiver is property owners. Because ‘‘many of the costs should properly be recovered sought. At a minimum, the Commission payphone locations are controlled by through the rates that consumers pay for proposes that a provider seeking such a owners that can limit the entry of inmate calling services. Commenters are waiver be required to submit, among competing payphones,’’ the property encouraged to provide detailed other information: (a) The providers’ owners ‘‘attempt to limit entry to responses, describing with specificity total company costs, including the increase the profitability of payphones which types of correctional facility costs original costs of the assets it uses to and then demand at least a share of the they contend should, or should not be, provide inmate calling services at the profits in the form of a location rent.’’ recovered through those rates. The facility or under the contract; (b) the The Commission has acknowledged Commission asks, in particular, whether provider’s methods for identifying its that, as a result of the dynamic between correctional facilities’ security and direct costs and for allocating its payphone operators and property surveillance costs in connection with indirect costs among its various owners, the Commission would ‘‘not inmate calling services should be operations, contracts, and facilities; (c) expect to see money-losing recovered through inmate calling the revenue the provider receives from payphones[.]’’ Because site commissions services rates. As the Public Interest interstate inmate calling services, are part of voluntary, negotiated Advocates point out, correctional including the portion of any permissible agreements between inmate calling facilities do not pass on the costs of ancillary services fees attributable to services providers and the correctional other types of security measures, such interstate inmate calling services at the facilities they serve, the Commission as scrutinizing mail, to incarcerated contract and facility level; (d) an similarly dies not expect inmate calling people or their families. Given this, to unredacted copy of the contract with the services providers to be forced to what extent, if at all, should security correctional facilities and any provide services at a loss, provided that and surveillance costs be recovered amendments to such contract; and (e) a the rate caps allow them to recover their through inmate calling services rates, copy of the initial request for proposals
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and bid response. The Commission reasonably contribute to the provider’s 75. The Commission has estimated seeks comment on these proposed indirect costs related to inmate calling that more than 99% of existing contracts requirements. Is there additional services. This approach would for both prisons and jails would recover information available on a contract or recognize that inmate calling services their reported costs at its proposed rates, facility level that the Commission contracts typically apply to multiple even accepting all the providers’ costs should require providers to submit facilities and that inmate calling submissions at face value with no besides the information, documents, services providers do not expect each adjustments. To the extent that the and data the Commission has proposed? call to make the same contribution Commission’s proposed rates would 70. The Commission also proposes to toward indirect costs. The Commission make it impossible in the unusual case require that the provider explain why invites comment on this proposal. where a contract was not able to recover circumstances associated with that 73. In the 2015 ICS Order, the its costs, providers may avail facility or contract differ from other Commission set tiered rate caps, themselves of the Commission’s waiver similar facilities it serves, and from applicable to both interstate and process. Moreover, the record in this other facilities within the same contract, intrastate inmate calling services using proceeding strongly suggests that inmate if applicable. Finally, the Commission industry-wide average costs derived calling services providers do not, in fact, proposes to require a company officer from inmate calling services providers’ expect that each call or even facility will with knowledge of the underlying responses to the First Mandatory Data make a contribution to their indirect information to attest to the accuracy of Collection. In GTL v. FCC, the D.C. costs. This is evidenced most acutely by all of the information the provider Circuit rejected as ‘‘patently the fact that providers largely fail to submits in support of its waiver request. unreasonable’’ the Commission’s even record their costs on anything less The Commission seeks comment on ‘‘averaging calculus’’ in setting the 2015 than a contract basis, often where these proposals. rate caps. The court explained that the multiple facilities exist under one 71. Consistent with its past waiver Commission erred in setting rate caps contract. For example, CenturyLink process for inmate calling services, the using industry average costs, because reports its inmate calling services cost Commission proposes to direct the calls with above-average costs would be data ‘‘by correctional system,’’ Bureau to rule on such petitions for ‘‘unprofitable,’’ in contravention of the explaining that ‘‘each facility within waiver, and to seek any additional ‘‘mandate of § 276 that ‘each and every’ that correction[al] system reflects the information as needed. The Commission inter- and intrastate call be fairly costs developed for serving that also proposes to direct the Bureau to compensated.’’ endeavor to complete its review of any 74. The Commission finds that its contract.’’ This evidence suggests that such petitions within 90 days of the proposed rules are consistent with GTL CenturyLink bids for contracts covering provider’s submission of all information v. FCC in this regard. Though the D.C. multiple facilities within a single necessary to justify such a waiver, Circuit found that the Commission’s correctional system, offering service at a although the Bureau may extend this averaging calculus did not comport with single rate for all of those facilities, even timeframe for good cause. The the fair compensation mandate under though they may have different costs. Commission proposes that, if a provider section 276, this finding does not mean Thus, the company does not expect to carries its burden of demonstrating that that each and every completed call must make the same profit from each facility its rate caps are insufficient to cover the make the same contribution to a or expect each call to contribute equally costs it incurs to serve a particular provider’s indirect costs. Instead, to CenturyLink’s indirect costs. facility, the Bureau would waive the compensation is fair if each call Similarly, Securus explains that its otherwise applicable rate cap and allow ‘‘recovers at least its incremental costs, ‘‘accounting systems track costs as a the provider to charge a rate sufficient and no one service recovers more than company, and not on a customer or to allow the provider an opportunity to its stand-alone cost.’’ The Commission’s facility level’’ but that ‘‘facility-specific recover its costs of providing interstate proposed rate methodology, as detailed costs are taken from a separate data base inmate calling services at that facility. in an Appendix, is consistent with this used to track profits and losses for each The Commission seeks comment on this approach. As the Commission site.’’ And the assertion that Securus proposed approach and on the proposed recognized in the 2002 ICS Order, the tracks costs ‘‘as a company’’ rather than remedies. The Commission also seeks ‘‘lion’s share of payphone costs are on a customer or facility level strongly comment on whether there are those that are ‘shared’ or ‘common’ to suggests that Securus, like other alternative procedures that would more all services,’’ and there are ‘‘no logical providers, bids for contracts, rather than efficiently facilitate the effective or economic rules that assign these specific facilities, with the idea that the operation of the waiver process. common costs to ‘each and every call.’ ’’ company will profit from the contract as As a result ‘‘a wide range of a whole but will not make the same 5. Consistency With Section 276 of the compensation amounts may be amount from each facility or each call. Act considered ‘fair.’ ’’ The Commission It also appears that inmate calling 72. Section 276(b)(1)(A) of the Act seeks comment on this view. Is services providers bid on contracts requires that the Commission ‘‘ensure compensation ‘‘fair’’ if inmate calling covering multiple facilities and offer a that all payphone service providers are services providers can recover their single interstate rate for calls from those fairly compensated for each and every direct costs for a given call and receive facilities even though the provider may completed intrastate and interstate a reasonable contribution to their incur different costs to serve various call.’’ In this Further Notice, the indirect costs? Why or why not? Can facilities covered by a single contract. Commission proposes to adopt rules inmate calling services providers assign Do commenters agree? What factors do that satisfy this statutory mandate by indirect or common costs for each and providers of inmate calling services setting rate caps for interstate calls that every call? If so, how? Commenters consider in bidding on contracts, generate sufficient revenue for such arguing that indirect costs can be particularly contracts covering more calls (including any ancillary fees assigned to each call must provide data than one facility? The Commission attributable to those calls) that (1) allow regarding how that assignment can be seeks comment on this issue and on the provider to recover from those calls done and a justification for why a given whether commenters agree that its the direct costs of that call and (2) allocation is reasonable. proposed rate caps would meet the fair
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compensation standard of section 276 of minutes with rates that exceed the alone, to be $32 million per year or $225 the Act. proposed caps because the Commission million in present value terms over 10 excludes from its calculations many years. The Commission notes this 6. Cost-Benefit Analysis contracts which have rates in excess of benefit is not a ‘‘net’’ benefit, however, 76. The Commission proposes to find its proposed rates, even if in some cases given that it is offset for purposes of its that, independent of its statutory the Commission includes those analysis by the loss of the inmate calling obligation, the benefits of its interstate relatively rare contracts with rates service industry of $218 million in rate cap proposal (reducing its current below its proposed rates. The revenues in present value terms over 10 caps on interstate inmate calling rates to Commission estimates prices for those years. $0.14 per minute for prisons and $0.16 call minutes decline by half of the 78. The Commission also expects per minute for jails) exceeds the costs at difference between its current caps and greater call volumes to reduce least five-fold. Specifically, the its proposed caps. Its current interim recidivism, generating further benefits Commission expects an increase in rate caps are $0.21 for debit and prepaid well in excess of $23 million. It is well interstate inmate call volumes elicited calls and $0.25 for collect calls. Its established that family-to-incarcerated by lowered rates would conservatively proposed rates imply the following individual contact reduces recidivism. generate approximately $7 million in price declines from these rates: For Although the Commission does not direct benefits due to expanded call prison debit and prepaid calls, 33% (= know exactly how much increased volumes, primarily to the benefit of ($0.21¥$0.14)/$0.21); for prison collect telephone contact would reduce incarcerated people, their families, and calls, 44% (= ($0.25¥$0.14)/$0.25); for recidivism among incarcerated friends. The Commission also expects individuals, savings of more than $3 jail debit and prepaid calls, 24% (= resulting expanded call volumes to million per year, or more than $20 ($0.21¥$0.16)/$0.21); and for prison reduce recidivism, which will in turn million over 10 years in present value collect calls, 36% (= ($0.25¥$0.16)/ reduce prison operating costs, foster terms, would result if only 100 fewer $0.25). To allow for contracts with rates care costs, and crime. The Commission individuals were incarcerated due to below the current caps, the Commission estimates these secondary benefits to recidivism each year. Approximately assumes inmate calling services rates well-exceed $23 million. The $33,274 per year would be saved for fall only one-half the difference between Commission estimates the one-time cost every case of recidivism avoided, or the existing rate caps and the proposed of implementing the interstate rate cap $3.3 million per year for 100 cases changes to be $6 million. The caps. Finally, the Commission avoided. The average annual cost of Commission seeks comment on these estimates, relying on a price elasticity of incarceration for federal inmates was a estimates. demand at the lower end of those comparable $34,704 in Fiscal Year 2016. 77. Expected Benefits of Expanded estimated for interstate calling, a price One hundred fewer cases of recidivism Call Volumes. To estimate the benefits elasticity of demand at the lower end of in each year would represent of its proposed lower rates the those estimated for interstate calling: approximately 0.02% of those released Commission estimates how many call That for each percentage point drop in from prison each year, a negligible minutes are currently made at prices rates, inmate calling services demand decline in the recidivism rate. To allow above those rates, the price decline on will increase by 0.2%. The Commission ¥ for releases to continue to exceed those call minutes that moving to its assumes a price elasticity of 0.2. This admissions, the calculation assumes rates would imply, and the estimate comes from the most recent that 500,000 persons are released every responsiveness of demand to a change data available to us and is conservative year. In 2018, approximately 600,000 in price. The Commission estimates, in relative to most other estimates the persons were admitted to prison. The 2018, approximately 592 million Commission reviewed. On the one present value of a ten-year annuity of interstate prepaid and debit minutes hand, this is likely an understatement $3.3 million at a discount rate of 7% is and 3.3 million interstate collect because on average incarcerated approximately $23.2 million. Other minutes were made to or from prison individuals and their families and savings would also be realized, for individuals incarcerated in prisons at friends have lower incomes than the example, through reduced crime, and rates above its proposed caps, and general population. On the other hand, fewer children being placed in foster approximately 453 million interstate inmates may not be fully able to homes. The potential scale of fiscal prepaid and debit minutes and 2 million respond to lower prices given limits on saving—in addition to the immense interstate collect minutes were made to making calls. For example, call lengths social benefits—is suggested by the fact and from individuals incarcerated in are often limited to 15 or 20 minutes that administrative and maintenance jails at rates above its proposed caps. (based on staff analysis of the Second costs incurred by state and local The Commission used rate information Mandatory Data Collection). Under governments average $25,782 per foster from the 2019 Annual Reports and these assumptions, the Commission placement. The Commission seeks interstate minutes from the Second estimates annual benefits of comment on these expected societal cost Mandatory Data Collection. These approximately $1 million, or a present reductions. estimates are calculated as the value over ten years of approximately $7 79. Costs of Reducing Rates for difference between total interstate million. The present value of a 10-year Interstate Inmate Calling Services Calls. minutes in each category and the annuity of $1 million at a 7% discount The costs of reducing rates for interstate equivalent interstate minutes from nine rate is approximately $7 million. The inmate calling services calls are likely to states—Alaska, Delaware, Hawaii, Office of Management and Budget be modest for providers, estimated at Maryland, New Mexico, Texas, recommends using discount rates of 7% approximately $6 million. Including the Vermont, Washington, and West and 3%. Erring on the side of Federal Bureau of Prisons and Virginia—where either the rates of some understatement, the Commission uses Immigration and Customs Enforcement, important contracts are below the caps the 7% rate. Additionally, even at approximately 3,000 inmate calling the Commission proposes, or all of the current demand levels, the Commission services contracts would need to be rates are below the caps the Commission estimates the cost savings to revised if the Commission were to adopt proposes. These estimates likely incarcerated individuals, their families, its proposed rules, and a smaller understate the number of interstate and friends, from lower calling rates number of administrative documents
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may need to be filed to incorporate additional costs and benefits of its the cost it incurs to make that service lower interstate rates. The Commission proposed actions that the Commission available to persons incarcerated in that estimates that these changes would has not considered. facility. As a result, the Commission require approximately 25 hours of work believes this international rate cap B. Proposing International Rate Caps per contract. The Commission uses a would be just and reasonable under $70 per hour labor cost to implement 82. The Commission proposes to section 201(b) of the Act and would billing system changes, adjust contracts, establish a rate cap formula that inmate enable inmate calling services providers and to make any necessary website calling services providers must use in to account for the widely varying costs changes. The Commission uses an setting the maximum permissible per- and associated international rates they hourly wage for this work of $42. (The minute rates for international inmate are charged by their wholesale suppliers Commission examined several potential calling services. The Commission seeks of international calling capability. The wage costs. For example, in 2019, the comment on its proposal to cap Commission seeks comment on this median hourly wage for computer international inmate calling service view. programmers was $41.61, and for rates. In the 2015 ICS Further Notice, 85. The Commission believes its accountants and auditors, it was $34.40. the Commission sought specific proposal has the benefit of simplicity The Commission chose the higher of comment on whether and how to reform and ease of administrability. It would these. This rate does not include non- rates for international inmate calling allow inmate calling services providers wage compensation. To capture this, the services, including on extending its to recover the additional costs they Commission marks up wage domestic inmate calling service rate incur to resell international calling compensation by 46%. In March 2020, caps to international inmate calling services, yet should result in substantial hourly wages for the civilian workforce service calls. The Commission has also reductions in international calling rates averaged $25.91, and hourly benefits collected international inmate calling for incarcerated individuals and their averaged $11.82 yielding a 46% markup service rate and cost data from inmate families based on what many providers on wages. The result is an hourly rate calling services providers, including in report for certain international calling of $61.32 (= $42 × 1.46), which the annual reports and the Second rates in their latest Annual Reports. Commission rounds up to $70. The Mandatory Data Collection. Additionally, it would account for the estimated cost of these actions is 83. There is no question that the varied international rates identified by $5,139,750 (= 2,937 (number of Commission has authority to adopt rate some commenters, and enable providers contracts) * 25 (hours of work per caps for international inmate calling to charge higher international calling contract) * $70 per hour), which the services pursuant to section 201(b) of services rates than charged for domestic Commission rounds up to $6 million to the Act. Moreover, while the record on calls to the extent international be conservative. The Commission seeks the need for international inmate calling settlement rates and foreign termination comment on this estimate of costs. service reform is mixed, the rates make the costs to transport and 80. The Commission also recognizes Commission’s most recent data terminate international calls higher than that lowering per-minute rates could reflecting international calling rates for those for domestic calls. The result in lower investment because a many inmate service providers Commission seeks comment on this substantial proportion of industry costs convinces the Commission such reform proposed approach. Would capping do not vary with minutes carried, but is needed. Some commenters have international rates in this way ensure must be covered. The Commission does urged the Commission to regulate that incarcerated individuals and their not expect, however, reduced international inmate calling services families and other loved ones do not investment to be a significant concern, rates, arguing that the Commission has pay unreasonably high international however, given its findings that the the authority and obligation to ensure rates? Why or why not? Would it proposed rates would more than recover just and reasonable rates. Another party address the concerns of GTL and Pay efficient total costs of operation. The has claimed that international calling is Tel that imposing a single rate cap Commission seeks comment on this such a small percentage of inmate would be difficult because international view. calling that it need not be regulated. calling rates vary based on factors 81. Summary of Benefits and Costs. 84. Calculating International Rate including the location called or the type On net, the Commission estimates that Caps. The Commission proposes to of call? Are there other factors besides the actions the Commission proposes adopt a rate cap formula for the costs incurred by inmate calling today would result in benefits which far international inmate calling services services providers in paying their exceed their costs. While the calls that permits a provider to charge underlying facilities-based or wholesale Commission identifies a range of a rate up to the sum of the inmate international services providers that the benefits, for the purposes of a cost calling services provider’s per-minute Commission should consider in benefit analysis, the Commission only interstate rate cap for that correctional formulating international rate caps? If quantifies the direct benefits from some facility plus the amount that the so, what are those factors and how of these. Looking out only ten years, the provider must pay its underlying could the Commission account for them conservative estimate of these benefits international service provider for that in determining appropriate rate caps? alone is approximately $30 million in call on a per-minute basis (without a 86. The record contains a wealth of present value terms. The Commission markup). This allowance for information regarding international expects other substantial benefits due to international transmission capability inmate calling services rates. reduced recidivism. By contrast, the would exclude any amount that is CenturyLink suggests that ‘‘[t]he cost to Commission conservatively estimates rebated to, or otherwise shared with, the terminate residential or business the high side of costs of its actions to be inmate calling services provider. The international calls is often many times approximately $6 million. The Commission seeks comment on this greater than the cost to terminate calls Commission seeks comment on ways to proposal. Its proposal is designed to in the United States, even for frequently improve these estimates, including how enable the provider to recover the full called countries like Canada and to quantify any indirect or secondary costs of the international telephone Mexico.’’ CenturyLink also explains that benefits the Commission unable to service it is essentially reselling to the ‘‘simple network and termination quantify here, as well as on any inmate calling services consumer, plus costs—ignoring other prison-specific
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costs related to such things as security, same country GTL charges $8.58 to to revise its ancillary service fee caps, billing and consumer services—to many serve (for example, CenturyLink’s how frequently should the Commission African and East European countries highest international rate to any country revise those caps? Additionally, should can be $0.25 per minute or greater.’’ is $1.00 per minute; NCIC’s highest is the Commission limit the third-party According to some commenters, $1.50; Pay Tel’s highest is $0.95; transaction fees that providers may pass international rates are exceedingly high Prodigy’s highest rate is $0.50 and through to consumers and, if so, what in some correctional facilities, some as ICSolutions’s highest is $1.00), the should those limits be? high as $45 for a 15-minute call. Commission finds it difficult to believe 92. Additional Data Collection. Another commenter cites rates of $0.75 such massive disparities in rates to the Pursuant to its annual reporting per minute, or $11.25 for a 15-minute same foreign country are really requirements, inmate calling services international call, at a facility in attributable to cost differentials. What is providers must submit data on their California. These data compare with a more, just because international calls operations, including their current rates total permissible rate of $6.90 or $7.50 from correctional facilities may as well as their current ancillary service for a 15-minute debit/prepaid or collect represent a small overall percentage of charge amounts. To ensure that call, respectively, under the inmate calls does not mean incarcerated providers’ interstate and international Commission’s interim interstate rate individuals and their loved ones reliant rates as well as their ancillary service caps ($3.15 or $3.75) plus the $0.25 per upon international telephone calls to charges for inmate calling services are minute that CenturyLink’s suggests are stay in touch are not entitled to the just and reasonable, the Commission the costs for some international calls same just and reasonable protections invites comment on whether the ($3.75). The Commission believes its afforded domestic callers under the Act. Commission should require providers to proposal addresses the differences in This is especially the case when loved submit additional data—including cost international inmate calling services ones residing in foreign locations may data—in the future and, if so, what data costs even without more specific be unable to take advantage of in-person the Commission should collect. Should information about each individual cost visitation. the Commission use the Second component of any specific international 88. Alternative Proposals. The Mandatory Data Collection as the inmate calling services call. Do Commission seeks comment on starting point in designing any commenters agree? If not, why not, and alternative proposals for establishing an additional data collection? If so, how what data should the Commission rely international rate cap. The Commission should the Commission modify that on instead to establish international rate invites commenters to propose specific collection to ensure that the caps? alternative methodologies and Commission has sufficient information associated rate caps for international to meaningfully evaluate providers’ 87. The Commission disagrees with calls that ensure that incarcerated reported cost data and methodology? Or commenters that suggest that because individuals and their families pay just should the Commission follow a international inmate calling services and reasonable rates for international different approach, such as that used in calls represent such a small percentage inmate calling services while inmate the First Mandatory Data Collection? If of all inmate calls that the Commission calling providers receive fair the Commission were to adopt a new should not consider establishing rate compensation. data collection, the Commission seeks caps. In 2018, international call minutes 89. Waiver Process for Outliers. In the comment on whether the Commission represented 0.195% of all calling event that its proposed international should require providers to update their minutes.’’ From 2014 to 2018, rate cap would prevent a provider from responses to that data collection international calling in prisons did not recovering the costs of providing periodically. What would be the relative exceed 0.5% of total annual minutes of international inmate calling services at benefits and burdens of a periodic data use, while for jails, international calling a facility or facilities covered by a collection versus another one-time data never exceeded 0.4% of total minutes of particular contract, the Commission collection? If the Commission were to use. But the Commission is unable to proposes to adopt a waiver process require a periodic collection, how determine from the record, however, similar to that discussed above for its frequently should the Commission whether these small percentages result proposed interstate rate caps. The collect the relevant data? For example, from the needs of the incarcerated Commission seeks comment on this would a biennial or triennial collection population or excessively high rates for proposal. covering multiple years better balance international inmate calling services 90. Consistency with Section 276 of those benefits and burdens than an calls. For example, one provider reports the Act. The Commission proposes to annual collection? international calling rates as high as find that its international rate cap 93. The Commission also seeks $8.58 per minute for debit calls, yet proposals are consistent with section comment on how the Commission can other providers report far lower 276 of the Act’s ‘‘fair compensation’’ ensure that inmate calling services international rates (but still more than provisions for the same reasons the providers submit accurate data to the two to five times higher than interstate Commission proposes to find its Commission. The Public Interest rate caps) for debit calls to that same interstate rate cap proposals to be Advocates express concern that ‘‘some country. GTL failed to provide in its consistent with section 276. The providers, such as GTL, appear to most recent Annual Report the Commission seeks comment on this submit inflated data to the Commission international rate it charges to call each proposal. with impunity.’’ It is imperative that country, and instead provides only the inmate calling services providers highest rate charged for an international C. Other Issues proceed in good faith and with absolute call at each facility it serves without 91. Ancillary Service Fee Caps. The candor in their interactions with the identifying the country to which that Commission seeks comment on whether Commission. The Commission’s rules rate applies. When the Commission its ancillary services fee caps should be already require providers to certify compares that GTL international rate to lowered or otherwise modified. What annually that the information in their the highest international rate that other data should the Commission collect or Annual Reports is ‘‘true and accurate’’ providers charge to serve any country, rely upon in making such a and that they are in compliance with the and assuming that highest rate is to the determination? If the Commission were Commission’s inmate calling services
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rules. The certifying senior executive contracts reduce the amounts Considering technological must have ‘‘first-hand knowledge of the incarcerated people and their loved developments, what forms of accuracy and completeness of the ones pay to stay connected? Are there Telecommunications Relay Services information provided’’ in the provider’s other innovations that the Commission should inmate calling services providers Annual Report and also ‘‘acknowledge should consider in revising its inmate make available, and what can the that failure to comply with the calling services rules? Commission do to facilitate that? 95. Similarly, the Commission invites [Commission’s inmate calling services IV. Procedural Matters rules] may result in civil or criminal comment on how overall fees and per- prosecution.’’ Should any subsequent minute rates for inmate calling services 97. Filing of Comments and Replies. data collection contain a similar affect consumers and on whether Pursuant to sections 1.415 and 1.419 of certification requirement? While the alternative rate structures would reduce the Commission’s rules, 47 CFR 1.415, Commission takes this opportunity to total consumer costs. The Public Interest 1.419, interested parties may file again remind inmate calling services Advocates assert that inmate services comments and reply comments on or providers of their duty to provide providers pressure correctional facilities before the dates indicated on the first complete and accurate information in to sign contracts that allow the page of this document. Comments may required reports and responses, the providers to provide additional items or be filed using the Commission’s Commission seeks comment on services such as tablets and video Electronic Comment Filing System. See additional measures the Commission calling in addition to inmate calling FCC, Electronic Filing of Documents in can take. Additionally, the Commission services. The Commission invites Rulemaking Proceedings, 63 FR 24121 comment on the prevalence of this type (May 1, 1998). seeks comment on how the Commission • can ensure that providers update their of ‘‘bundling’’ practice and on the Electronic Filers: Comments may be filings if they discover any material effects these types of practices may have filed electronically using the internet by error or misrepresentation in their on rates and fees for inmate calling accessing the ECFS: http://apps.fcc.gov/ reported data and responses. Finally, services. ecfs/. • Paper Filers: Parties who choose to the Commission seeks comment on 96. Disability Access. The file by paper must file an original and whether there are any other methods of Commission seeks comment on the one copy of each filing. If more than one obtaining accurate cost data upon which needs of incarcerated people with docket or rulemaking number appears in to base just and reasonable rates that disabilities, including the types of the caption of this proceeding, filers does not require reliance on service Telecommunications Relay Services must submit two additional copies for providers’ self-reported cost data. The access technologies that these each additional docket or rulemaking Commission asks commenters to individuals require. Section 225 of the Act requires every common carrier that number. provide a detailed explanation of how provides voice services to offer access to Æ Filings can be sent by commercial any such data may otherwise be Telecommunications Relay Service overnight courier, or by first-class or obtained. within their service areas. Currently, the overnight U.S. Postal Service mail. All 94. Marketplace Developments. The Commission requires two forms of filings must be addressed to the Commission invites comment on how Telecommunications Relay Services: Commission’s Secretary, Office of the its regulation of interstate and TTY-based Telecommunications Relay Secretary, Federal Communications international inmate calling services Services and speech-to-speech services. Commission. should evolve in light of marketplace Thus, all common carriers must make Æ Commercial overnight mail (other developments to better accommodate available or ensure the availability of than U.S. Postal Service Express Mail the needs of incarcerated people while these types of Telecommunications and Priority Mail) must be sent to 9050 ensuring that providers are reasonably Relay Services. The Commission Junction Drive, Annapolis Junction, MD compensated for providing inmate reminds inmate calling services 20701. U.S. Postal Service first-class, calling services. The Commission’s rules providers of their obligations to ensure Express, and Priority mail must be restrict providers to charging consumers the availability and provision of these addressed to 445 12th Street SW, on a per-minute basis, an approach that forms of Telecommunications Relay Washington, DC 20554. evolved from the need of payphone Services. Although the Commission Æ Effective March 19, 2020, and until operators to collect payment from each currently requires these two types of further notice, the Commission no of their transient users. The Commission Telecommunications Relay Services, the longer accepts any hand or messenger invites comment on whether the Commission recognizes that newer delivered filings. This is a temporary Commission should change its rules to forms of these services, such as internet measure taken to help protect the health recognize industry innovations, such as Protocol Captioned Telephone Service, and safety of individuals, and to emerging pay models where local jails Video Relay Service, and Real-Time mitigate the transmission of COVID–19. pay for calls in a manner ‘‘more similar Text, have come to the market in part See FCC Announces Closure of FCC to the modern marketplace’’ and thus as a result of ‘‘ongoing technology Headquarters Open Window and seek contracts on a per-line rather than transitions from circuit switched to IP- Change in Hand-Delivery Policy, Public a per-minute basis. For example, some based networks.’’ In 2016, the Notice, DA 20–304 (March 19, 2020), jurisdictions are paying for the costs of Commission amended its rules to permit https://www.fcc.gov/document/fcc- calling just as they pay for other utilities wireless carriers to support Real-Time closes-headquarters-open-window-and- such as electricity and water. The Public Text in lieu of TTY technology. To changes-hand-delivery-policy. Interest Advocates state that when New further its mandate to ensure the 98. Comments and reply comments York City negotiated a contract that was availability of Telecommunications must include a short and concise not billed on a per-minute rate, the Relay Services, the Commission seeks summary of the substantive arguments overall cost of telephone service comment broadly on the needs of raised in the pleading. Comments and decreased substantially, from $10 incarcerated people with hearing or reply comments must also comply with million annually to approximately $2.5 speech disabilities. Do these individuals section 1.49 and all other applicable million annually, while call volume have adequate access to sections of the Commission’s rules. The increased 40 percent. Would such Telecommunications Relay Services? Commission directs all interested
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parties to include the name of the filing significant economic impact on small IRFA (or summaries thereof) will be party and the date of the filing on each entities by the policies and rules published in the Federal Register. page of their comments and reply proposed in this Fourth Further Notice A. Need for, and Objectives of, the comments. All parties are encouraged to of Proposed Rulemaking (Fourth Further Proposed Rules use a table of contents, regardless of the Notice). The IRFA is set forth below. length of their submission. The The Commission requests written public 105. In this Further Notice, the Commission also strongly encourages comments on this IRFA. Comments Commission seeks comment on its parties to track the organization set forth must be identified as responses to the proposal to address the broken inmate in the Fourth Further Notice of IRFA and must be filed by the deadlines calling services marketplace. The Proposed Rulemaking in order to for comments provided on the first page Commission proposes to reduce rate facilitate its internal review process. of the Fourth Further Notice. The caps from the current interim rate caps 99. People with Disabilities. To Commission will send a copy of the to $0.14 per minute for all interstate request materials in accessible formats Fourth Further Notice, including this inmate calling services calls from for people with disabilities (braille, IRFA, to the Chief Counsel for Advocacy prisons and to $0.16 per minute for all large print, electronic files, audio of the Small Business Administration interstate inmate calling services from format), send an email to [email protected] (SBA). In addition, the Fourth Further jails. This rate cap reduction is designed or call the Consumer & Governmental Notice and the IRFA (or summaries to ensure that inmate calling services Affairs Bureau at 202–418–0530 (voice), thereof) will be published in the Federal providers will have the opportunity to 202–418–0432 (TTY). Register. recover their costs—including their 100. Ex Parte Presentations. The indirect costs—of providing interstate 103. Initial Paperwork Reduction Act proceeding that this Fourth Further inmate calling services. Additionally, Analysis. This Fourth Further Notice of Notice of Proposed Rulemaking initiates the proposed interstate rate caps include Proposed Rulemaking may propose new shall be treated as a ‘‘permit-but- an allowance for the recovery of or modified information collections disclose’’ proceeding in accordance correctional facility costs that are subject to the PRA requirements. If the with the Commission’s ex parte rules. legitimately related to the provision of Commission adopts any new or Persons making ex parte presentations inmate calling services. The modified information collection must file a copy of any written Commission anticipates that its actions requirements, they will be submitted to presentation or a memorandum will have long-term and meaningful OMB for review under section 3507(d) summarizing any oral presentation impacts on incarcerated individuals and of the PRA. The Commission, as part of within two business days after the their families while promoting its continuing effort to reduce presentation (unless a different deadline competition in the inmate calling paperwork burdens, will be inviting applicable to the Sunshine period services marketplace. applies). OMB, the general public, and other 106. The Commission also proposes to 101. Persons making oral ex parte federal agencies to comment on any new cap inmate calling services rates for presentations are reminded that or modified information collection international calls on a facility basis. memoranda summarizing the requirements contained in this Fourth The Commission’s proposal to adopt a presentation must (1) list all persons Further Notice of Proposed Rulemaking, rate cap formula that permits a provider attending or otherwise participating in as required by the Paperwork Reduction to charge an international inmate calling the meeting at which the ex parte Act of 1995, Public Law 104–13. In services rate up to the sum of the presentation was made, and (2) addition, pursuant to the Small provider’s per-minute interstate rate cap summarize all data presented and Business Paperwork Relief Act of 2002, for the inmate’s facility plus the amount arguments made during the the Commission seeks specific comment that the provider must pay its presentation. If the presentation on how the Commission might ‘‘further underlying international service consisted in whole or in part of the reduce the information collection provider for that call on a per minute presentation of data or arguments burden for small business concerns with basis has the benefits of simplicity and already reflected in the presenter’s fewer than 25 employees.’’ ease of administration. It would allow written comments, memoranda, or other V. Initial Regulatory Flexibility inmate calling services providers to filings in the proceeding, the presenter Analysis recover the additional costs they incur may provide citations to such data or to resell international calling services, arguments in his or her prior comments, 104–105. As required by the yet should result in substantial memoranda, or other filings (specifying Regulatory Flexibility Act of 1980, as reductions in international calling rates the relevant page and/or paragraph amended (RFA), the Commission has for incarcerated individuals and their numbers where such data or arguments prepared this Initial Regulatory families. can be found) in lieu of summarizing Flexibility Analysis (IRFA) of the them in the memorandum. Documents possible significant economic impact on B. Legal Basis shown or given to Commission staff small entities by the policies and rules 107. The legal basis for any action that during ex parte meetings are deemed to proposed in this Fourth Further Notice may be taken pursuant to the Fourth be written ex parte presentations and of Proposed Rulemaking (Further Further Notice is contained in sections must be filed consistent with section Notice). The Commission requests 1, 2, 4(i)–(j), 201(b), 218, 220, 276, and 1.1206(b) of the Commission’s rules. written public comments on this IRFA. 403 of the Communications Act of 1934, Participants in this proceeding should Comments must be identified as as amended, 47 U.S.C. 151, 152, 154(i)– familiarize themselves with the responses to the IRFA and must be filed (j), 201(b), 218, 220, 276, and 403. Commission’s ex parte rules. by the deadlines for comments provided 102. Initial Regulatory Flexibility Act on the first page of this Further Notice. C. Description and Estimate of the Analysis. As required by the Regulatory The Commission will send a copy of the Number of Small Entities To Which the Flexibility Act of 1980, as amended Further Notice, including this IRFA, to Proposed Rules Will Apply (RFA), the Commission has prepared the Chief Counsel for Advocacy of the 108. The RFA directs agencies to this Initial Regulatory Flexibility Small Business Administration (SBA). provide a description of, and where Analysis (IRFA) of the possible In addition, the Further Notice and the feasible, an estimate of the number of
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small entities that may be affected by 12,040 special purpose governments— Under the applicable SBA size standard, the proposed rule revisions, if adopted. independent school districts with such a business is small if it has 1,500 The RFA generally defines the term enrollment populations of less than or fewer employees. U.S. Census Bureau ‘‘small entity’’ as having the same 50,000. Accordingly, based on the 2017 data for 2012 indicate that 3,117 firms meaning as the terms ‘‘small business,’’ U.S. Census of Governments data, the operated the entire year. Of this total, ‘‘small organization,’’ and ‘‘small Commission estimates that at least 3,083 operated with fewer than 1,000 governmental jurisdiction.’’ In addition, 48,971 entities fall into the category of employees. Consequently, the the term ‘‘small business’’ has the same ‘‘small governmental jurisdictions.’’ Commission estimates that most meaning as the term ‘‘small-business 112. Wired Telecommunications providers of incumbent local exchange concern’’ under the Small Business Act. Carriers. The U.S. Census Bureau service are small businesses that may be A ‘‘small-business concern’’ is one defines this industry as ‘‘establishments affected by its actions. According to which: (1) Is independently owned and primarily engaged in operating and/or Commission data, one thousand three operated; (2) is not dominant in its field providing access to transmission hundred and seven (1,307) Incumbent of operation; and (3) satisfies any facilities and infrastructure that they Local Exchange Carriers reported that additional criteria established by the own and/or lease for the transmission of they were incumbent local exchange SBA. voice, data, text, sound, and video using service providers. Of this total, an 109. Small Businesses, Small wired communications networks. estimated 1,006 have 1,500 or fewer Organizations, Small Governmental Transmission facilities may be based on employees. Thus, using the SBA’s size Jurisdictions. The Commission’s a single technology or a combination of standard the majority of incumbent actions, over time, may affect small technologies. Establishments in this LECs can be considered small entities. entities that are not easily categorized at industry use the wired 115. The Commission has included present. The Commission therefore telecommunications network facilities small incumbent LECs in this present describes here, at the outset, three broad that they operate to provide a variety of RFA analysis. As noted above, a ‘‘small groups of small entities that could be services, such as wired telephony business’’ under the RFA is one that, directly affected herein. First, while services, including VoIP services, wired inter alia, meets the pertinent small there are industry specific size (cable) audio and video programming business size standard (e.g., a telephone standards for small businesses that are distribution, and wired broadband communications business having 1,500 used in the regulatory flexibility internet services. By exception, or fewer employees), and ‘‘is not analysis, according to data from the establishments providing satellite dominant in its field’’ of operation. The SBA’s Office of Advocacy, in general a television distribution services using SBA’s Office of Advocacy contents that, small business is an independent facilities and infrastructure that they for RFA purposes, small incumbent business having fewer than 500 operate are included in this industry.’’ LECs are not dominant in their field of employees. These types of small The SBA has developed a small operation because any such dominance businesses represent 99.9% of all business size standard for Wired is not ‘‘national’’ in scope. businesses in the United States, which Telecommunications Carriers, which 116. Competitive Local Exchange translates to 30.7 million businesses. consists of all such companies having Carriers (Competitive LECs), 110. Next, the type of small entity 1,500 or fewer employees. U.S. Census Competitive Access Providers (CAPs), described as a ‘‘small organization’’ is Bureau data for 2012 show that there Shared-Tenant Service Providers, and generally ‘‘any not-for-profit enterprise were 3,117 firms that operated that year. Other Local Service Providers. Neither which is independently owned and Of this total, 3,083 operated with fewer the Commission nor the SBA has operated and is not dominant in its than 1,000 employees. Thus, under this developed a small business size field.’’ The Internal Revenue Service size standard, the majority of firms in standard specifically for these service (IRS) uses a revenue benchmark of this industry can be considered small. providers. The appropriate NAICS Code $50,000 or less to delineate its annual 113. Local Exchange Carriers (LECs). category is Wired Telecommunications electronic filing requirements for small Neither the Commission nor the SBA Carriers, as defined above. Under that exempt organizations. Nationwide, for has developed a size standard for small size standard, such a business is small tax year 2018, there were approximately businesses specifically applicable to if it has 1,500 or fewer employees. U.S. 571,709 small exempt organizations in local exchange services. The closest Census data for 2012 indicate that 3,117 the U.S. reporting revenues of $50,000 applicable NAICS Code category is firms operated during that year. Of that or less according to the registration and Wired Telecommunications Carriers. number, 3,083 operated with fewer than tax data for exempt organizations Under the applicable SBA size standard, 1,000 employees. Based on these data, available from the IRS. such a business is small if it has 1,500 the Commission concludes that the 111. Finally, the small entity or fewer employees. U.S. Census Bureau majority of Competitive LECS, CAPs, described as a ‘‘small governmental data for 2012 show that there were 3,117 Shared-Tenant Service Providers, and jurisdiction’’ is defined generally as firms that operated for the entire year. Other Local Service Providers, are small ‘‘governments of cities, counties, towns, Of that total, 3,083 operated with fewer entities. According to Commission data, townships, villages, school districts, or than 1,000 employees. Thus under this 1,442 carriers reported that they were special districts, with a population of category and the associated size engaged in the provision of either less than fifty thousand.’’ U.S. Census standard, the Commission estimates that competitive local exchange services or Bureau data from the 2017 Census of the majority of local exchange carriers competitive access provider services. Of Governments indicate that there were are small entities. these 1,442 carriers, an estimated 1,256 90,075 local governmental jurisdictions 114. Incumbent Local Exchange have 1,500 or fewer employees. In consisting of general purpose Carriers (Incumbent LECs). Neither the addition, 17 carriers have reported that governments and special purpose Commission nor the SBA has developed they are Shared-Tenant Service governments in the United States. Of a small business size standard Providers, and all 17 are estimated to this number there were 36,931 general specifically for incumbent local have 1,500 or fewer employees. Also, 72 purpose governments (county, exchange services. The closest carriers have reported that they are municipal and town or township) with applicable NAICS Code category is Other Local Service Providers. Of this populations of less than 50,000 and Wired Telecommunications Carriers. total, 70 have 1,500 or fewer employees.
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Consequently, based on internally services. Of this total, an estimated 857 systems. Establishments providing researched FCC data, the Commission have 1,500 or fewer employees and 24 internet services or voice over internet estimates that most providers of have more than 1,500 employees. protocol (VoIP) services via client- competitive local exchange service, Consequently, the Commission supplied telecommunications competitive access providers, Shared- estimates that the majority of toll connections are also included in this Tenant Service Providers, and Other resellers are small entities that may be industry. The SBA has developed a Local Service Providers are small affected by its action. small business size standard for All entities. 120. Other Toll Carriers. Neither the Other Telecommunications, which 117. Interexchange Carriers (IXCs). Commission nor the SBA has developed consists of all such firms with annual Neither the Commission nor the SBA a size standard for small businesses receipts of $35 million or less. For this has developed a small business size specifically applicable to Other Toll category, U.S. Census Bureau data for standard specifically for Interexchange Carriers. This category includes toll 2012 show that there were 1,442 firms Carriers. The closest applicable NAICS carriers that do not fall within the that operated for the entire year. Of Code category is Wired categories of interexchange carriers, those firms, a total of 1,400 had annual Telecommunications Carriers. The operator service providers, prepaid receipts less than $25 million and 15 applicable size standard under SBA calling card providers, satellite service firms had annual receipts of $25 million rules is that such a business is small if carriers, or toll resellers. The closest to $49,999,999. Thus, the Commission it has 1,500 or fewer employees. U.S. applicable NAICS code is for Wired estimates that the majority of ‘‘All Other Census Bureau data for 2012 indicate Telecommunications Carriers. The Telecommunications’’ firms potentially that 3,117 firms operated for the entire applicable size standard under SBA affected by its action can be considered year. Of that number, 3,083 operated rules is that such a business is small if small. with fewer than 1,000 employees. it has 1,500 or fewer employees. According to Commission data, 359 According to Commission data, 284 D. Description of Projected Reporting, companies reported that their primary companies reported that their primary Recordkeeping, and Other Compliance telecommunications service activity was telecommunications service activity was Requirements for Small Entities the provision of interexchange services. the provision of other toll carriage. Of 123. Whereas the current interim rate Of this total, an estimated 317 have this total, an estimated 279 have 1,500 caps differentiated between prepaid and 1,500 or fewer employees. or fewer employees and five have more debit calls and collect calls, the Consequently, the Commission than 1,500 employees. Consequently, Commission proposes to adopt identical estimates that the majority of the Commission estimates that most interstate rate caps for prepaid, debit, interexchange service providers are Other Toll Carriers are small entities and collect calls. These proposed rates small entities. that may be affected by the differentiate between facility types, 118. Local Resellers. The SBA has Commission’s action. proposing a rate cap for jails that is developed a small business size 121. Payphone Service Providers $0.02 per minute higher than the rate standard for the category of (PSPs). Neither the Commission nor the cap the Commission proposes for Telecommunications Resellers. The SBA has developed a small business prisons. The Commission also proposes Telecommunications Resellers industry size standard specifically for payphone to adopt, for the first time, rate caps for comprises establishments engaged in services providers, a group that includes international inmate calling services purchasing access and network capacity inmate calling services providers. The calls. The Commission recognizes that from owners and operators of appropriate size standard under SBA these proposed changes to the rate cap telecommunications networks and rules is for the category Wired structure will likely require providers to reselling wired and wireless Telecommunications Carriers. Under make adjustments to their billing telecommunications services (except that size standard, such a business is systems. The Commission proposes a satellite) to businesses and households. small if it has 1,500 or fewer employees. 90-day transition period to alleviate any Establishments in this industry resell According to Commission data, 535 burden on providers associated with telecommunications; they do not carriers have reported that they are this change and to allow providers operate transmission facilities and engaged in the provision of payphone sufficient time to make the necessary infrastructure. Mobile virtual network services. Of this total, an estimated 531 changes. operators (MVNOs) are included in this have 1,500 or fewer employees and four E. Steps Taken To Minimize the industry. Under that size standard, such have more than 1,500 employees. Significant Economic Impact on Small a business is small if it has 1,500 or Consequently, the Commission Entities and Significant Alternatives fewer employees. Census data for 2012 estimates that the majority of payphone Considered show that 1,341 firms provided resale service providers are small entities that services during that year. Of that may be affected by its action. 124. The RFA requires an agency to number, all operated with fewer than 122. All Other Telecommunications. describe any significant alternatives that 1,000 employees. Thus, under this The ‘‘All Other Telecommunications’’ it has considered in reaching its category and the associated small category is comprised of establishments proposed approach, which may include business size standard, the majority of primarily engaged in providing the following four alternatives (among these resellers can be considered small specialized telecommunications others): (1) The establishment of entities. services, such as satellite tracking, differing compliance or reporting 119. Toll Resellers. The SBA has communications telemetry, and radar requirements or timetables that take into developed a small business size station operation. This industry also account the resources available to small standard for the category of includes establishments primarily entities; (2) the clarification, Telecommunications Resellers. Under engaged in providing satellite terminal consolidation, or simplification of that size standard, such a business is stations and associated facilities compliance and reporting requirements small if it has 1,500 or fewer employees. connected with one or more terrestrial under the rules for such small entities; According to Commission data, 881 systems and capable of transmitting (3) the use of performance rather than carriers have reported that they are telecommunications to, and receiving design standards; and (4) an exemption engaged in the provisions of toll resale telecommunications from, satellite from coverage of the rule, or any part
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thereof, for such small entities. The 127. Given the significant reduction Rulemaking, including the Initial and Commission expects to consider all of in interstate inmate calling services Supplemental Final Regulatory these factors when the Commission rates proposed by the Commission, Flexibility Analysis, to the Congress and receives substantive comment from the some providers may need to re-negotiate the Government Accountability Office public and potentially affected entities. their existing contracts with correctional pursuant to the Congressional Review 125. The Commission’s proposed rate facilities. To provide inmate calling Act, see 5 U.S.C. 801(a)(1)(A). caps differentiate between prisons and services providers adequate time to 134. It is further ordered that the jails to account for differences in costs make necessary adjustments to their Commission’s Consumer and incurred by inmate calling services contracts, and to mitigate any other Governmental Affairs Bureau, Reference providers servicing these different burdens that may result from Information Center, shall send a copy of facility types. The Commission believes implementing the proposed interstate this Report and Order on Remand and the proposed rate caps will ensure that and international rate caps, the Fourth Further Notice of Proposed inmate calling services providers Commission proposes to allow a 90-day Rulemaking, including the Initial serving jails, which may be smaller, transition period for the proposed rate Regulatory Flexibility Analysis and the higher-cost facilities, and larger prisons, caps to take effect. The Commission Supplemental Final Regulatory which often benefit from economies of seeks comment on the length of this Flexibility Analysis, to the Chief scale, can both recover their legitimate transition period and whether it will Counsel for Advocacy of the Small inmate calling services-related costs. To afford inmate calling services providers Business Administration. and correctional facilities sufficient time further ease the burdens on providers List of Subjects in 47 CFR Part 64 serving smaller jails, the Commission to implement the proposed rate caps. proposes to adopt higher allowances for 128. The Commission expects to Communications common carriers, correctional facility costs for inmate consider the economic impact on small Individuals with disabilities, Prisons, calling services providers serving entities, as identified in comments filed Reporting and recordkeeping smaller jails if the record supports such in response to the Further Notice and requirements, Telecommunications, allowances. The Commission’s this IRFA, in reaching its final Telephone, Waivers. proposed rate caps also include $0.02 conclusions and promulgating rules in Federal Communications Commission. allowance for costs correctional this proceeding. Specifically, the Marlene Dortch, Commission will conduct a cost-benefit facilities incur that are directly related Secretary, Federal Communications to the provision of inmate calling analysis as part of this proceeding and Commission. services and that represent a legitimate consider the public benefits of any such cost for which providers of inmate requirements it might adopt to ensure Proposed Rules calling services may have to compensate that they outweigh any impact on small For the reasons set forth above, the facilities. The Commission recognizes business. Federal Communications Commission that for contracts covering only smaller F. Federal Rules That May Duplicate, proposes to amend part 64, of Title 47 jails, the facility costs at these particular Overlap, or Conflict With the Proposed of the Code of Federal Regulations as facilities may exceed $0.02 per minute, Rules follows: and seeks comment on whether the rate 129. None caps should adopt higher allowances for PART 64—MISCELLANEOUS RULES correctional facility costs for such VI. Ordering Clauses RELATING TO COMMON CARRIERS contracts. 131. Accordingly, it is ordered that, ■ 1. The authority citation for part 64 is 126. The Commission recognizes that pursuant to the authority contained in revised to read as follows: it cannot foreclose the possibility that in sections 1, 2, 4(i)–(j), 201(b), 218, 220, Authority: 47 U.S.C. 151, 152, 154, 201, certain limited instances, the proposed 276, and 403 of the Communications rate caps may not be sufficient for 202, 217, 218, 220, 222, 225, 226, 227, 227b, Act of 1934, as amended, 47 U.S.C. 151, 228, 251(a), 251(e), 254(k), 262, 276, certain providers to recover their 152, 154(i)–(j), 201(b), 218, 220, 276, 403(b)(2)(B), (c), 616, 620, 1401–1473, unless legitimate costs for providing inmate and 403, this Report and Order on otherwise noted; Pub. L. 115–141, Div. P, sec. calling services. To minimize the Remand and this Fourth Further Notice 503, 132 Stat. 348, 1091. burden on providers, the Commission of Proposed Rulemaking are adopted. ■ 2. Section 64.6010 is revised to read proposes a waiver process that allows 132. It is further ordered that, as follows: providers to seek relief from its rules at pursuant to applicable procedures set the facility or contract level if they can forth in Sections 1.415 and 1.419 of the § 64.6010 Interstate and International demonstrate that they are unable to Commission’s Rules, 47 CFR 1.415, Inmate Calling Services rate caps. recover their legitimate inmate calling 1.419, interested parties may file (a) No Provider shall charge, in any services-related costs at that facility or comments on this Fourth Further Notice Jail it serves, a per-minute rate for for that contract. If the provider of Proposed Rulemaking on or before 30 interstate Debit Calling, Prepaid Calling, demonstrates that its higher costs at the days after publication of a summary of or Prepaid Collect Calling in excess of facility or contract level are legitimately this Fourth Further Notice of Proposed $0.16. related to the provision of inmate Rulemaking in the Federal Register and (b) No Provider shall charge, in any calling services, the Commission reply comments on or before 60 days Prison it serves, a per-minute rate for proposes to raise each applicable rate after publication of a summary of this interstate Debit Calling, Prepaid Calling, cap to a level that enables the provider Fourth Further Notice of Proposed or Prepaid Collect Calling in excess of to recover the costs of providing inmate Rulemaking in the Federal Register. $0.14. calling services at that facility. The 133. It is further ordered that the (c) No Provider shall charge, in any Commission seeks comment on this Commission’s Consumer and Prison or Jail it serves, a per-minute rate proposed waiver process, and on Governmental Affairs Bureau, Reference for International Calls in excess of the whether the same waiver process should Information Center, shall send a copy of applicable interstate rate set forth in be employed with respect to the this Report and Order on Remand and paragraphs (a) and (b) of this section proposed international rate caps. Fourth Further Notice of Proposed plus the amount that the provider must
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pay its underlying international service • Whether the contract was for a prison or • Site commissions paid to facility provider for that call on a per-minute a jail; operators under the contract; and • basis. The average daily inmate population • Each provider’s inmate calling services (average daily population) of all the facilities costs in total, exclusive of site commissions. Note: The following Appendices will not covered by the contract; 2. Inmate calling services costs are for appear in the Code of Federal Regulations. • The total number of calls made annually under the contract, broken out by paid and inmate calling services only, and thus do not include costs for lines of business such as Appendix A unpaid, with paid calls further broken out by debit, prepaid, and collect; video visitation services, or fees passed Analysis of Responses to the Second • Total call minutes; call minutes broken through to callers, such as credit card Mandatory Data Collection out by paid and unpaid; interstate, intrastate, processing fees. While providers generally and international; and prepaid, debit, and 1. In response to the Second Mandatory reported at least some inmate calling services collect calls; costs at the level of the contract, and more Data Collection, 13 providers of inmate • Inmate calling services revenues, broken calling services submitted data to the rarely at the level of the facility, each did this out by prepaid, debit, and collect; differently. In this Appendix, the Commission (see Table 1). The collected data • Automated payment revenues and paper Commission defines costs reported at the included information on numerous bill or statement revenues, earned under the characteristics of the providers’ contracts, contract (live operator revenues were not level of the contract or facility respectively as such as: collected); the direct costs of the contract or facility. TABLE 1—SELECTED STATISTICS OF RESPONDING PROVIDERS
Number of ADP Paid minutes Paid minutes Per-paid Provider contracts ADP (% of total) (millions) (% of total) minute cost
[REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Industry ...... 2,935 ...... 2,246,940 ...... 100.0 ...... 7,821 ...... 100.0 ...... 0.089 Note: Average daily population was reported for only 2,846 out of 2,935 contracts.
3. Dropped observations. The Commission longitude and latitude coordinates to a some key variables—for example, the removed one contract reported by facility’s address to conduct geographic quantity of calls and minutes of use—were [REDACTED] that had a per-minute cost of analyses. The Commission first used ArcMap reported by facility. However, even though $7.48 as this is most likely a data error. If the software version 10.8 to geocode 3,321 or over 90% of contracts were reported as per-minute cost of providing this contract 77% of the 4,319 filed facilities. The representing a single facility, most filers do was $7.48, then that implies an implausible Commission used the geocoding database not maintain all of the data the Commission error in bidding on the part of the contracting ArcGIS StreetMap Premium North America requested by facility in the ordinary course provider. In 2018, 379,155 total minutes were (2020 Release 1). The Commission then took of their business. As a result, in some reported as delivered on this contract, while a random sample of 170, or 17%, of the 998 instances, contracts were reported that only 6,137 were reported as paid minutes, addresses the Commission was unable to covered multiple facilities without any which in and of itself is implausible. These geocode, and where possible, corrected them breakout of those facilities. In other cases, paid minutes earned revenues of $184, for an manually. The Commission was able to some facility-level data was not reported. average per-minute price of $0.03, implying geocode 164 of these 170 addresses. Finally, Examples of the latter include average daily the contract incurred an annual loss of the Commission developed a Python script to inmate population and credit card processing $2,824,705. clean up the remaining addresses—which the costs. In any event, because the Commission 4. The Commission also excluded two Commission then manually checked—and required providers to cross-reference their contracts that are not comparable to the were able to geocode 299 additional facilities contracts with the facilities they covered, the average correctional facility because they are this way. In instances of contracts with Commission was able to group facilities by managed by Immigration and Customs multiple facilities, the Commission was contract, which facilitated its ability to Enforcement (ICE) and the Federal Bureau of unable to geocode the relevant facilities conduct its analysis at the contract level. Prisons (BOP). The ICE contract was the only where a filer only provided a single address. contract held by Talton, so dropping this In some instances a mailing address was 7. Cost allocation. General and contract eliminated Talton from the reported. If this was different from the administrative costs are, by definition, not Commission’s dataset thus resulting in Table facility’s physical address and the address directly attributable to any contract. In this 1 showing only 12 providers. Before correction process did not detect this error, Appendix, the difference between a filer’s dropping the BOP contract, the Commission then the mailing address was used. total costs and its direct costs (i.e., the costs allocated a share of GTL’s overhead to the 6. Unit of analysis. The Commission’s it reported at the level of the contract or BOP contract as described below. This analysis was typically conducted at the facility) is termed ‘‘overheads.’’ Each filer resulted in a final dataset of 2,935 contracts, contract level. This approach is consistent applied its own accounting practices in accounting for 2.2 million incarcerated with the Commission’s view that the contract reporting overheads. For example, GTL individuals and 7.8 billion paid minutes. is the primary unit of supply for inmate reported bad debt as its only direct cost, all 5. Adjustments to the underlying data. calling services. That is, providers bid on the way down to the facility. All of its other Unless otherwise noted, the Commission contracts, rather than facilities (though in costs thus appear as if they were overheads. accepted the filers’ data and related many instances the contract is for a single By contrast, one provider allocated all of its information ‘‘as provided’’ (i.e., without any facility). This approach is also consistent costs using the number of phones that it had modifications). The Commission applied with how the data were submitted. The installed down to the level of the contract, three processes to ultimately geocode 3,784 Commission requested information to be implying it had no overheads. Other firms or 88% of the 4,319 filed facilities. submitted for each correctional facility where allocated some costs using a fully distributed Geocoding is a process of associating a provider offers inmate calling services, and cost key, such as shares of minutes; others
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used revenue shares which typically have no provider’s total minutes. The Commission 9. Once all costs were allocated, the per- relation to why costs are incurred. used total minutes at both the contract level minute cost of a contract was calculated by 8. To provide a common basis of and the provider level, rather than paid dividing the total cost of each contract by its comparison, and to allow a focus on per- minutes, because all minutes cost something quantity of paid minutes. Paid minutes were minute rates, the Commission allocated to provide, regardless of whether they used because those are the minutes that overheads among each provider’s contracts in generate any revenue. providers rely on to recover their costs. See proportion to the contracts’ shares of the Table 2.
TABLE 2—CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING AN ALL-MINUTE COST ALLOCATION KEY
Metric (2018 data only) Prisons Jails
Mean ...... $0.091 ...... $0.084 Standard Deviation ...... $0.040 ...... $0.062 Mean + One Standard Deviation ...... $0.131 (= $0.091 + $0.040) ...... $0.146 (= $0.084 + $0.062) Number of Outliers (Mean + 1 Std. Dev.) ...... 9/131 contracts; 6.9% ...... 193/2,804 contracts; 6.9% Mean + Two Standard Deviations ...... $0.171 (= $0.091 + $0.040 × 2) ...... $0.208 (= $0.084 + $0.062 × 2) Number of Outliers (Mean + 2 Std. Dev.) ...... 1/131 contracts; 0.8% ...... 50/2,804 contracts; 1.8%
10. Choosing among cost allocation keys. contracts with implausible contract-level per- prisons, but not jails. Given that such After looking at six possible cost allocation minute costs. For example, the average daily contracts are surely mutually beneficial to keys that the data would allow us to population cost allocation key shows an both the provider and the correctional implement—call minutes, average daily average prison contract cost per paid minute facility, they must generate enough revenues population, calls, revenues, contracts, and of nearly $0.58 and a jail contract per paid to cover costs. Just as implausibly, four jail facilities—the Commission found call minute cost of nearly $7. By contrast, average contracts would have per-minute costs in minutes to provide the best allocator. call revenue per paid minute including excess of $240 (see Table 4), and three would 11. The primary aim of a cost allocation automated payment and paper bill/statement key is to find a reasonable way of attributing revenues is $0.148 for prison contracts, and have per-minute costs in excess of $480 (not costs, in this case to contracts, that either $0.360 for jail contracts. (Ideally live operator shown in Table 4). Again, by contrast, when cannot be directly attributed, such as true service revenues would also be accounted using the call minute key, no prison contracts overheads, or that, while conceptually could for, but the Commission does not have these have per-minute costs above $0.226, and the be attributed to a specific contract, cannot be data.) The average daily population cost highest jail per-minute cost is $1.460. attributed based on how providers’ accounts allocation key shows 10% of prison contracts 13. The average daily population key is are kept. Such a key must be likely to reflect have costs in excess of $0.319 per paid additionally problematic because average cost causation and result in rates that minute. Yet, 99% of prison contracts have an daily population data are often inaccurate, demand can bear. On this basis, the average paid minute rate (the sum of inmate and—in the case of 89 contracts—simply Commission is able to narrow its focus to a calling services, automated payment, and missing from the providers’ responses. A cost call minute key or call key. The Commission paper bill or statement revenues divided by allocation key based on the number of chose call minutes over calls on the basis that all paid minutes) of less than $0.319. The a call minute key is the natural choice given equivalent number for jail contracts is 37% facilities is also problematic as facility data the ubiquity of call minute pricing. have costs above $0.333 (the 90th percentile were not reported for many contracts with 12. Tables 3 and 4 provide information per paid minute cost for jail contracts with multiple facilities. about the distribution of contract costs per an average daily population cost allocation 14. The cost allocations based on contracts minute under each of the six possible keys. key), which looks more reasonable, but there and facilities are even more unrealistic, with The average daily population, contract, and is no reason to think allocating costs by both displaying a mean contract per-minute facility cost allocation keys result in many average daily population should work for cost in excess of $40 (see Table 3). TABLE 3—THE DISTRIBUTION OF CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING VARIOUS COST ALLOCATORS
Percentiles Allocation key Facility type Mean Std. Dev. 1st 10th 25th 50th 75th 90th 99th
Minutes ...... Jail ...... 0.084 0.062 0.009 0.027 0.055 0.073 0.118 0.137 0.262 Prison ...... 0.091 0.040 0.028 0.041 0.051 0.121 0.122 0.127 0.166 ADP ...... Jail ...... 6.974 236.854 0.000 0.022 0.044 0.075 0.132 0.333 10.495 Prison ...... 0.577 4.184 0.000 0.030 0.043 0.072 0.145 0.319 12.806 Calls ...... Jail ...... 0.107 0.097 0.009 0.025 0.052 0.090 0.132 0.197 0.448 Prison ...... 0.100 0.091 0.009 0.026 0.047 0.089 0.120 0.172 0.440 Revenue ...... Jail ...... 0.135 0.121 0.007 0.027 0.059 0.107 0.172 0.266 0.522 Prison ...... 0.100 0.170 0.013 0.032 0.040 0.063 0.114 0.206 0.257 Contracts ...... Jail ...... 42.658 1,005.685 0.006 0.034 0.090 0.280 1.190 4.906 221.786 Prison ...... 3.869 37.995 0.003 0.008 0.019 0.055 0.232 0.915 26.031 Facilities ...... Jail ...... 41.284 1,002.770 0.006 0.034 0.085 0.237 1.034 4.446 158.262 Prison ...... 3.786 37.116 0.003 0.012 0.022 0.060 0.227 0.894 25.429
TABLE 4—CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING VARIOUS COST ALLOCATORS
Contracts Allocation key Facility type Mean + one Total Contracts Contracts above Std. Dev. contracts below above (%)
Minutes ...... Jail ...... 0.146 2,804 2,610 194 6.9 Prison ...... 0.131 131 122 9 6.9 ADP ...... Jail ...... 243.828 2,804 2,800 4 0.1
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TABLE 4—CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING VARIOUS COST ALLOCATORS—Continued
Contracts Allocation key Facility type Mean + one Total Contracts Contracts above Std. Dev. contracts below above (%)
Prison ...... 4.761 131 129 2 1.5 Calls ...... Jail ...... 0.204 2,804 2,558 246 8.8 Prison ...... 0.191 131 122 9 6.9 Revenue ...... Jail ...... 0.256 2,804 2,441 363 12.9 Prison ...... 0.270 131 130 1 0.8 Contracts ...... Jail ...... 1,048.343 2,804 2,794 10 0.4 Prison ...... 41.864 131 130 1 0.8 Facilities ...... Jail ...... 1,044.054 2,804 2,794 10 0.4 Prison ...... 40.902 131 130 1 0.8
15. Although a revenue cost allocation key of CenturyLink’s [REDACTED] inmate calling to avoid double counting the allocation the may be used for certain accounting purposes, services contracts, the Commission has data Commission made for overhead costs for a revenue key is inappropriate for regulatory on [REDACTED] which were subcontracted their subcontracts. Leaning toward purposes because revenue is not a cost (CenturyLink has [REDACTED] subcontracts overstating costs, overhead on each shared driver. While costs can be expected to with [REDACTED] but [REDACTED] did not contract was assigned using the methodology increase with quantity sold, revenues do not report data for these contracts), and a third always increase with quantity sold, and this contract has no reported subcontractor; described above (i.e., a shared contract is can lead to perverse effects. Quantity sold additionally, [REDACTED] employed a allocated the overhead of both providers that increases as price falls. Starting from a price subcontractor for all of its [REDACTED] report the contract). Afterwards, the two where no sales are made, revenues also contracts.). This raises the question of how to observations were aggregated into one and increase as prices fall. However, at some deal with overhead costs in the case of placed under the name of the firm that is the point as prices fall, revenues also begin to subcontractors. The Commission takes an primary contract holder. fall: The revenue gain from new sales made approach that may double count some 20. Inclusion of the overhead costs at the lower price is smaller than the revenue overhead costs, as the Commission cannot reported by the subcontractors overstates the loss incurred due to the lower price as identify what fraction of the subcontractors’ cost recovering rate if, as is likely, they applied to all purchases that would have overhead costs are captured in what they been made at the higher price. In that charge the prime contractor. charge a markup over their direct costs. The circumstance, holding other things constant, 18. The reporting of costs for shared markup would be part of the prime a revenue cost allocator would allocate less contracts varies by provider. Where the contractor’s reported expenses, and to avoid costs to a contract with a greater sales prime contractor only reported the cost of double counting, the Commission would volume, contrary to cost causation. This also supplying the broadband connection on its need to remove the markup from its means a revenue key can reinforce monopoly contracts, while the subcontractor reported calculations. The Commission cannot prices. The exercise of market power can the costs of servicing the facilities determine the amount of this markup, result in higher revenues than would be (installation, maintenance, etc.), the however. One approach would be to assume earned in a competitive market. In that Commission aggregated their costs. Because the markup matched the Commission’s circumstance, holding other things constant, the reported costs represent the provision of a revenue allocation key would allocate more different services, the Commission does not overhead cost allocation. In that case, the costs to monopolized services than believe these contracts have costs that were overhead costs of a subcontractor that are competitive ones. double-counted. Other providers operating as allocated to a subcontract would not be 16. This leaves call minutes and calls as prime contractors reported all costs counted as they would be captured in the potential cost allocation keys. A call minute (including subcontractors’ costs). Where their prime contractor’s costs. However, if the cost allocation key is the natural choice for associated subcontractor did not file reports markup exceeded this amount, the setting per-minute inmate calling services on the subcontracts, the Commission used Commission would still be double counting rates. It is common in inmate calling services the costs as reported by the prime contractor. costs, while if the markup was less than this supply to charge per-minute rates, and not However, where the associated amount, then the Commission would be per call rates, even if sometimes the first subcontractors reported their costs, the minute has a different rate from subsequent Commission removed their direct costs to understating costs. Table 5, when compared rates. avoid counting them twice. with Table 3, shows the impact of assuming 17. Subcontracts. Some inmate calling 19. The subcontracting filers were also the that the markup matches the Commission’s services providers subcontract some or all of main inmate calling services suppliers on overhead cost calculation on the distribution their contracts to a second provider. In 2018, other contracts, raising the question of how of per-minute costs to be small. TABLE 5—CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING VARIOUS COST ALLOCATORS ADJUSTED TO AVOID DOUBLE COUNTING OF SUBCONTRACTOR OVERHEADS
Percentiles Allocation key Facility type Mean Std. Dev. 1st 10th 25th 50th 75th 90th 99th
Minutes ...... Jail ...... 0.084 0.062 0.009 0.027 0.055 0.073 0.118 0.136 0.262 Prison ...... 0.090 0.041 0.023 0.039 0.050 0.121 0.122 0.127 0.166 ADP ...... Jail ...... 6.977 236.896 0.000 0.022 0.044 0.075 0.132 0.333 10.495 Prison ...... 0.579 4.200 0.000 0.029 0.041 0.068 0.145 0.330 12.806 Calls ...... Jail ...... 0.106 0.097 0.009 0.025 0.052 0.089 0.132 0.196 0.448 Prison ...... 0.100 0.091 0.009 0.026 0.047 0.088 0.120 0.173 0.440 Revenue ...... Jail ...... 0.134 0.122 0.007 0.027 0.058 0.107 0.171 0.266 0.522 Prison ...... 0.099 0.171 0.013 0.029 0.037 0.053 0.114 0.206 0.257 Contracts ...... Jail ...... 42.672 1,005.864 0.006 0.034 0.088 0.279 1.187 4.906 221.786 Prison ...... 3.898 38.140 0.003 0.007 0.019 0.053 0.232 0.922 26.031 Facilities ...... Jail ...... 41.297 1,002.949 0.006 0.034 0.082 0.236 1.033 4.446 158.262
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TABLE 5—CONTRACT PER-MINUTE COSTS BY FACILITY TYPE USING VARIOUS COST ALLOCATORS ADJUSTED TO AVOID DOUBLE COUNTING OF SUBCONTRACTOR OVERHEADS—Continued
Percentiles Allocation key Facility type Mean Std. Dev. 1st 10th 25th 50th 75th 90th 99th
Prison ...... 3.813 37.259 0.003 0.011 0.022 0.058 0.227 0.897 25.429
21. If the Commission were to remove all passed through to incarcerated people in this allocated costs of shared services and subcontractor overhead costs allocated to manner are not included in inmate calling revenues to inmate calling services. As an CenturyLink’s contracts, the average per- service costs. Thus, they net out of any cost- example, consider a payment account which minute cost of CenturyLink’s contracts would recovery estimation, and here the must be used to purchase inmate calling decrease from [REDACTED]. If the Commission considers them no further. services, as well as commissary services, Commission removed only half of the 23. The second are revenues earned on tablet access, and other services. If usage fees overhead, this would result in an average three ancillary services: Automated are charged to set up or to deposit money, per-minute cost of [REDACTED]. payments, paper billing and statements, and then the provider may not have reported 22. Ancillary Revenues and Cost Recovery. live agent services. The costs of these these in their ancillary revenues, considering Inmate calling services revenues do not services are included in the providers’ them not to solely be attributable to inmate include ancillary revenues. However, in inmate calling costs. Thus, matching calling services. However, they may have many instances, ancillary revenues revenues with costs requires that the allocated some or all the costs of the payment contribute toward cost recovery. The revenues from these sources also be system to inmate calling services. Commission distinguishes two sources of included. However, it is likely the data the 24. Table 6 shows for each provider, and ancillary revenues. The first are those earned Commission collected do not fully match for all providers, inmate calling revenues, from passthrough fees, that is fees that are relevant ancillary revenues with reported automated payment revenues, paper billing required to no more than match the costs the inmate calling services costs because the and account revenues, the sum of these three provider pays to a third party. Examples are Commission did not collect data on live revenues, inmate calling costs, and the credit card processing revenues and third- agent service revenues and because the difference between those summed revenues party transaction revenues. The costs that are Commission does not know how providers and inmate calling costs.
TABLE 6—INMATE CALLING SERVICES REVENUES AND COSTS BY PROVIDER AND FOR INDUSTRY [In $ millions]
Total Provider ICS revenues APF revenues PBF revenues revenues Total costs Difference
ATN ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] CenturyLink ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Correct ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] CPC ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Crown ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] GTL ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ICSolutions ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Legacy ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] NCIC ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Pay Tel ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Prodigy ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Securus ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Industry ...... 1,096,391 ...... 116,124 ...... 410 ...... 1,212,926 ...... 697,321 ...... 515,605
25. Table 7 shows for each provider, and and account revenues divided by paid while GTL only reports bad debt as a direct for all providers, split by prisons and jails, minutes), the contract mean of per paid cost, the result being GTL’s direct costs per the contract mean of total per paid minute minute costs, the contract mean of per paid minute are [REDACTED]. In actuality, these revenues (that is, the mean for each contract minute direct costs. At least three of the three providers almost certainly have of the sum of inmate calling revenues, direct cost per minute entries are misleading: substantially larger direct costs and hence automated payment revenues, paper billing Legacy and NCIC report zero direct costs, substantially larger direct costs per minute.
TABLE 7—INMATE CALLING SERVICES PER MINUTE REVENUES AND COSTS BY PROVIDER AND FOR INDUSTRY BY JAIL AND PRISON [$]
Contract mean Contract mean revenues Contract mean costs direct costs Provider Facility type per paid per paid per paid minute minute minute
ATN ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] CenturyLink ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Correct ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] CPC ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Crown ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] GTL ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED]
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TABLE 7—INMATE CALLING SERVICES PER MINUTE REVENUES AND COSTS BY PROVIDER AND FOR INDUSTRY BY JAIL AND PRISON—Continued [$]
Contract mean Contract mean revenues Contract mean costs direct costs Provider Facility type per paid per paid per paid minute minute minute
ICSolutions ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Legacy ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] NCIC ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Pay Tel ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Prodigy ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Securus ...... Jail ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Industry ...... Jail ...... 0.360 ...... 0.084 ...... 0.024 CenturyLink ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] GTL ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ICSolutions ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Legacy ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] NCIC ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Securus ...... Prison ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Industry ...... Prison ...... 0.148 ...... 0.091 ...... 0.010
26. Table 8 shows the number and percent reasons just given. The Commission projects, underestimate since many providers’ costs of contracts for which various revenue at the proposed rates and assuming ancillary may be overstated, and the full range of estimates cover total and direct costs. The service revenues remain the same, 98% of ancillary fees that contribute toward number of Legacy, NCIC, and GTL contracts contracts would recover their total costs as recovering inmate calling service costs are that cover direct costs as reported in the third allocated (or 99%, if the 10% discount of not reported. last and last columns are overstated for the GTL’s costs is applied). This is likely an
TABLE 8—NUMBER AND PERCENT OF CONTRACTS FOR WHICH VARIOUS REVENUE ESTIMATES COVER TOTAL AND DIRECT COSTS
Total costs Direct costs Total costs Total costs Direct costs covered by covered by covered by covered by covered by projected ICS projected ICS Provider Facility type ancillary projected ICS projected ICS revenues and revenues and revenues revenues revenues ancillary ancillary revenues revenues
ATN ...... Jail [REDACTED] CenturyLink ...... Jail Correct ...... Jail CPC ...... Jail Crown ...... Jail GTL ...... Jail ICSolutions ...... Jail Legacy ...... Jail NCIC ...... Jail Pay Tel ...... Jail Prodigy ...... Jail Securus ...... Jail
Industry ...... Jail 547 2677 (95%) 2768 (99%) 2759 (98%) (100%)
CenturyLink ...... Prison [REDACTED] GTL ...... Prison ICSolutions ...... Prison Legacy ...... Prison NCIC ...... Prison Securus ...... Prison
Industry ...... Prison 0 (0%) 123 (94%) 131 (100%) 129 (98%) 131 (100%)
Appendix B determine whether certain characteristics of facilities covered by the contract, the type of inmate calling services contracts could be those facilities (prison or jail), and rurality of Sensitivity Testing: Additional Statistical shown to have a meaningful association with those facilities. If such an association exists, Analysis of Cost Data contract costs on a per-minute basis as it might be appropriate to set rates that vary 1. The Commission analyzed inmate reported by providers. In this analysis, the according to the variables the Commission calling services providers’ responses to the Commission considered characteristics such identified. Second Mandatory Data Collection to as the average daily population of the
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2. The Commission used a statistical • Contract average daily population bins information. The dependent variable and method called Lasso to explore: (a) Which (average daily population ≤25, average daily controls in this model were chosen to be the variables are good predictors of per-minute population ≤50, average daily population ≤ same as the ones in Lasso. The Commission contract costs and (b) the likelihood that a 100, average daily population ≤250, average found that the coefficient on the inverse given contract is in the top 5% of contracts daily population ≤500, average daily Mills ratio is not significant at reasonable on a cost per minute basis (hereinafter population ≤1,000, average daily population levels of significance (p-value is 0.22), ≤ referred to as an outlier). Lasso identifies 5,000); allaying potential concerns about sample • predictors of an outcome variable—the Rurality of the facilities covered by the selectivity. The Commission also ran its logarithm of costs per minute, or outlier contract (rural, if all the facilities covered by analysis using only the contracts that contain status in this case—by trading off goodness the contract are located in a census block rurality information and found similar Lasso of fit against model parsimony. Lasso retains designated by the Bureau of Census as rural, results to its baseline model. and urban, if all facilities were located in a a set of predictors that optimally balance the 6. The Commission also explored the census block not designated as rural, or quality of the prediction against the differences in the costs reported by the top complexity of the model, as measured by the mixed if the contract covered facilities designated as rural and not rural); and three providers by size using a double number of predictors, and is especially useful • selection Lasso model. Double selection in situations like this where many variables, Various combinations (i.e., multiplicative interactions) among the above Lasso is a method of statistical inference that and interactions among those variables, variables. uses Lasso for the dependent variable and for could predict an outcome of interest. The 4. Lasso and costs per minute. The Lasso the variables of interest using a set of Commission found the main predictors of results indicate economically significant common controls; simple Lasso only selects both costs per minute and outlier contracts differences in costs per minute primarily predictors, without the possibility of to be provider identity and the state where across providers and states. The provider and statistical inference afforded by double the contract’s correctional facilities were state variables retained by Lasso as predictors selection. The Commission focuses on GTL, located. The Commission also found that of cost explain approximately 71% of the ICSolutions, and Securus because these whether the facility is a prison or jail is a variation in costs across contracts. Lasso firms’ costs explain the bulk of industry predictor of costs per minute, although results also indicate less important costs. These providers supply [REDACTED] weaker than provider identity and state. differences in costs per minute by facility of all inmate calling services contracts and Finally, the Commission found a wide range type (prison or jail), average daily population cover approximately [REDACTED] of all of other variables have less or essentially no and average daily population-related incarcerated individuals (see Table 1). These predictive power. variables, and rurality. When retained as shares may in fact represent a significant 3. The Commission chose the inmate predictors by Lasso, these variables explain understatement of their industry share calling services contract as the unit of approximately 1% more of the variation in because they are often subcontractors. For observation for its analysis for two reasons. costs than the state and provider variables example, [REDACTED] instead for First, providers bid for contracts rather than alone. The differences in costs measured by individual facilities, so the contract is the considering this part of the Commission’s provider identity may reflect either analysis considering factors that may impact level at which commercial decisions are systematic differences in costs across made. Second, many contracts cover more costs. These three firms are also more providers, or systematic differences in the suitable for making cross-firm comparisons than one facility but providers did not report way costs are calculated and reported by data on those facilities separately, which because they do not subcontract the providers. The differences in cost measured provision of their inmate calling service precludes any analysis at the facility level. by the state variables may reflect statewide contracts to a third party, and because they For example, this commonly occurred in the differences in costs arising from different are the largest three of the five providers that filings of both GTL and CenturyLink. For regulatory frameworks or other state-specific service prisons, covering [REDACTED] of all example, GTL’s [REDACTED]. Contracts factors. where the separate facilities were not 5. One concern arising in the analysis is prison contracts. The results suggest that reported would distort any facility-based that a group of contracts representing a GTL’s costs are—all other things equal— analysis. The Commission focused on the significant fraction—about 11%—of [REDACTED]. These cost differences are logarithm of costs as the dependent variable. observations contained insufficient statistically significant at confidence levels The contract variables that the Commission information to ascertain the rurality of greater than 99.99%. When the sample is considered in its analysis are as follows: facilities included in a contract. As a result, restricted to the contracts with no missing • The identity of the inmate calling in the Commission’s baseline model that rurality information, GTL’s costs are—all services provider; includes all contracts, the Commission other things equal—approximately • The state(s) in which correctional interprets the effect of the rurality variables [REDACTED]. facilities covered by a contract are located; as differences from the contracts for which 7. The results of the double selection Lasso • The Census division(s) and region(s) in the Commission did not have rurality model also indicate that—all other things which facilities covered by a contract are information. To ensure that this is a sound equal—the costs of providing inmate calling located; approach, the Commission checked using a services are approximately 18% greater in • The type of facility covered by the sample selection model that the factors that jails than in prisons; this difference is contract (prison or jail); may be associated with a contract not having statistically significant at confidence levels • An indicator for joint contracts (i.e., sufficient rurality information are not greater than 99.99%. For the sample contracts for which an inmate calling significantly correlated with costs. The restricted to contracts with complete rurality services provider subcontracts with another Commission estimated a Heckman sample information, this estimate is approximately inmate calling services provider); selection model where selection is for 17%, also statistically significant at • Contract average daily population; observations that contain rurality confidence levels greater than 99.99%.
TABLE 1—INMATE CALLING SERVICES PROVIDERS RANKED BY NUMBER OF CONTRACTS
Average daily Provider Contracts Prison contracts Facilities population *
[REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED]
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TABLE 1—INMATE CALLING SERVICES PROVIDERS RANKED BY NUMBER OF CONTRACTS—Continued
Average daily Provider Contracts Prison contracts Facilities population *
[REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] ...... [REDACTED] Industry Total ...... 2,935 ...... 131 ...... 3,668 ...... 2,246,940 Notes: * Average daily population was reported for only 2,846 contracts.
8. Lasso and outlier status. The another firm would pay no more than its the share of goodwill in GTLH’s assets, as Commission also analyzed the drivers of the estimate of the present value of the expected reported in GTLH’s consolidated balance likelihood of a contract to be included in the future stream of net cash flows the purchase sheet, by the share of capital expenses in top 5% of costs per minute using logit Lasso. would bring. The selling party would not be GTLH’s total expenses reported in the Similar to the linear Lasso employed for cost willing to sell at a price less than what it consolidated statement of operations and per minute, logit Lasso selects an optimal set could obtain from another purchaser. Nor consolidated income (losses) for 2018. GTL is of predictors for the likelihood of a contract would the selling party be willing to sell at a direct subsidiary of GTLH and, as to be an outlier in the sense defined above. a price less its estimate of the present value explained in the Description and Justification The results were similar to those for cost per of the expected future stream of net cash accompanying GTL’s Second Mandatory Data minute: Provider and state variables were flows it could obtain if it continued with the Collection response, GTL’s reported inmate retained by Lasso as the principal predictors asset rather than selling it. To the extent the calling services costs are directly derived of a contract’s likelihood of being a cost expected net cash flows that determine the from the costs reported on the balance sheet outlier. purchase price are greater than what would for that consolidated entity. GTLH’s 2018 be expected if the purchaser, using the balance sheet reports goodwill, net of Appendix C purchased assets, faced effective competition, amortization of [REDACTED]. GTLH’s Estimating a Discount Factor To Remove the purchaser expects to earn market rents. goodwill estimate has been declining since January 1, 2014 as GTLH has been amortizing Market Rents From GTL’s Reported Costs In that case, since the purchase price is capitalized on the purchaser’s balance sheet, goodwill over a 10-year period. 1. GTL reports costs that are high relative these market rents are also capitalized. The 5. GTLH’s income statement for 2018 to the industry and its nearest peers, Securus capitalized value of these market rents is shows that [REDACTED] of GTLH’s expenses and ICSolutions. GTL reports a ratio of total periodically reflected as a depreciation or were attributable to capital. To identify the costs to total paid minutes of [REDACTED], amortization expense in determining share of capital expenses in GTL’s reported more than a third higher than that of the earnings on an income statement. Thus, to expenses, the Commission relies on GTLH’s industry, $0.089. This ratio is more than the extent there are such market rents in 2018 statement of operating expenses in the twice the same ratio for both that of Securus, GTLH’s capital base, these rents would be consolidated statement of operations and [REDACTED], and that of ICSolutions, reflected in the expenses GTL reported in its consolidated income, dividing total expenses [REDACTED]. Similarly, the mean per paid Second Mandatory Data Collection response, related to capital by total expenses. Total minute cost of a GTL contract, [REDACTED], likely in part accounting for GTL’s reported expenses excluding interest are is more than a third higher than that of the costs appearing so far above those of other [REDACTED]. The sum of depreciation and industry, $0.91, more than double that of providers. For ratemaking purposes, amortization expenses plus interest expenses Securus, [REDACTED], and nearly triple that however, any such rents should be excluded is [REDACTED]. This is the amount of of ICSolutions, [REDACTED]. GTL’s costs are when evaluating costs, as they would not be GTLH’s total expenses that can be attributed nearly three times greater than those of earned in a competitive market, and the to capital. Thus, the share of expenses, Securus and nearly twice those of Commission’s rate-cap setting efforts are including interest expenses that can be ICSolutions when the Commission controls designed to approximate competitive market attributed to capital is [REDACTED]. Staff for confounding factors. This is particularly conditions. also performed more detailed calculations to surprising given the economies of scale and 3. GTLH’s balance sheet reflects the account for income tax treatment of capital scope GTL should be able to take advantage cumulative total of the remaining expenses and other items on GTLH’s of, and given its success in the industry. unamortized value of ‘‘goodwill’’ associated financial statements but these other Certain aspects of GTL’s approach to with GTLH’s various acquisitions at different calculations do not yield materially different measuring costs may partially explain why points in time. GTLH records goodwill at the estimates. its costs appear so high. One is in how it time it acquires a new firm as the difference 6. The product of these two percentages is derived its capital expenses. GTEL Holdings, between the purchase price and its estimate 10.9% (= [REDACTED]). The Commission Inc., and Subsidiaries (hereafter GTLH) of the fair value of acquired tangible and finds that this provides a reasonable included a Consolidated Financial Statement identifiable intangible assets, net of assumed approximation of the market rents included for 2018 as part of GTL’s response to the liabilities at the time of acquisition. Thus, in GTL’s reported inmate calling services Second Mandatory Data Collection. Based on goodwill should reflect these market rents— costs. This estimate is stable over time: The its analysis of the financial information set the amount over and above what one could same methodology yields discount factors of forth in that Financial Statement, the earn from disposing of the underlying assets 10.9% in 2014; 11.3% in 2015; 11.1% in Commission finds that a 10% reduction of separately at a fair market rate, rather than 2016; and 10.9% in 2017. Although these GTL’s inmate calling services costs as together in a whole as part of the ongoing discount factors are closer to 11% than 10% reported in that response is necessary to business. for each year from 2014 through 2018, in remove market rents incorporated into these 4. Thus, for the purpose of developing a order to be conservative, the Commission costs as explained below. regulated, cost-based rate for inmate calling uses a discount factor of 10%. The 2. Market forces tend to result in a services, the Commission excludes goodwill- Commission finds that this is an appropriate purchase price for an acquired firm reflecting related expenses from GTL’s reported cost disallowance to remove the impact of the market’s expectation of the present value expenses to approximate costs in competitive market rents on the expenses that GTL of the expected future stream of net cash marketplace rather than the locational reports in its Second Mandatory Data flows that the purchase would bring. This is monopoly environment within which GTL Collection response. especially the case with two or more operates. To identify the share of GTL’s 7. The Commission also considered informed purchasers, and a rational seller. A reported expenses that represents goodwill- alternate methods, such as estimating the profit-maximizing firm seeking to acquire related expenses, the Commission multiplies amount of market rents in proportion to
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historical market valuations, or in proportion Appendix D level of costs incurred by the correctional to an estimate of GTL’s total intangibles, or facilities related to the provision of inmate Analysis of Site Commission Payments by some combination of such approaches. calling services, the Commission can However, these other methods require data, 1. The Commission proposes to incorporate estimate these costs by comparing the such as market valuation and total a $0.02 allowance for recovery of correctional relative per-minute costs for contracts with intangibles, that are either unavailable, facility costs directly related to the provision and without site commissions, as shown in unhelpful because of the timing issues, or not of inmate calling services. Although the well-suited to ratemaking purposes. Commission has no direct information on the Table 1.
TABLE 1—SITE COMMISSIONS AND PER-MINUTE COSTS
Number of contracts Facility type Site commission Mean SD Mean + SD Below Above Total
Jails ...... No Commission Paid ...... 0.094 0.085 0.179 277 10 287 Commission Paid...... 0.080 0.056 0.137 2,323 194 2,517 All Jails...... 0.082 0.060 0.142 2,619 185 2,804 Prisons ...... No Commission Paid ...... 0.087 0.033 0.120 39 2 41 Commission Paid...... 0.083 0.035 0.118 83 7 90 All Prisons ...... 0.084 0.034 0.118 122 9 131 All Facilities ...... No Commission Paid ...... 0.093 0.081 0.174 318 10 328 Commission Paid...... 0.080 0.056 0.136 2,402 205 2,607 All Facilities ...... 0.082 0.059 0.141 2,741 194 2,935
2. It is reasonable that the higher per- thereby reaches its $0.02 per minute proposed rate caps would allow inmate minute costs for contracts without site allowance for correctional facility costs. Site calling services providers to recover their commissions reflect, at least in part, give- commissions appear less critical for prisons direct costs of providing interstate inmate and-take negotiations in which inmate than jails, with prison contracts without calling services to each correctional facility it calling services providers agree to incur commissions earning on average only $0.004 serves. The rate caps the Commission additional inmate calling services-related more than per paid minute costs, while for proposes would also allow providers to costs in exchange for not having to pay site jails this difference is $0.014. However, again reimburse correctional authorities for the commissions. The lowest third of Table 1 to ensure the Commission does not harm costs they reasonably incur in making their shows a $0.013 difference in mean costs per unusual prison contracts, the Commission facilities available for inmate calling services, minute reported by providers between applies the same $0.02 markup for both while making reasonable contributions to contracts without site commissions ($0.093) prisons and jails. providers’ indirect costs. and contracts with site commissions ($0.080). 3. The interstate rate caps for prisons and The Commission rounds upwards to allow jails the Commission proposes include the [FR Doc. 2020–19954 Filed 10–22–20; 8:45 am] for individual contracts for which this $0.02 per minute allowance for reasonable BILLING CODE 6712–01–P matters more than the average contract, and facility costs. Accordingly, the Commission’s
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Notices Federal Register Vol. 85, No. 206
Friday, October 23, 2020
This section of the FEDERAL REGISTER Positions Branch, Direct Investment II. Method of Collection contains documents other than rules or Division (BE–49), Bureau of Economic proposed rules that are applicable to the Notice of specific reporting Analysis, U.S. Department of requirements, including who is to public. Notices of hearings and investigations, Commerce; phone: (301) 278–9591; or committee meetings, agency decisions and report, the information to be reported, rulings, delegations of authority, filing of via email at [email protected]. the manner of reporting, and the time petitions and applications and agency SUPPLEMENTARY INFORMATION: and place of filing reports, will be statements of organization and functions are mailed to potential respondents each examples of documents appearing in this I. Abstract quarter. Reports are due 30 days after section. the close of each calendar or fiscal The Quarterly Survey of Foreign quarter, or 45 days if the report is for the Direct Investment in the United States— final quarter of the respondent’s DEPARTMENT OF COMMERCE Transactions of U.S. Affiliate with financial reporting year. Reports are Foreign Parent (Form BE–605) obtains Bureau of Economic Analysis required from every U.S. business quarterly data on transactions and enterprise in which a foreign entity positions between foreign-owned U.S. Agency Information Collection owns, directly and/or indirectly, 10 business enterprises and their ‘‘affiliated Activities; Submission to the Office of percent or more of the voting securities foreign groups’’ (i.e., their foreign Management and Budget (OMB) for of the U.S. business enterprise if it is Review and Approval; Comment parents and foreign affiliates of their incorporated, or an equivalent interest if Request; Direct Investment Surveys: foreign parents). The survey is a sample it is unincorporated, at any time during BE–605, Quarterly Survey of Foreign survey that covers all U.S. affiliates the quarter, and that meets the Direct Investment in the United above a size-exemption level. The additional conditions detailed in Form States—Transactions of U.S. Affiliate sample data are used to derive universe BE–605. Certain private funds are With Foreign Parent estimates of direct investment exempt from reporting. Entities required transactions, positions, and income in to report will be contacted individually AGENCY: Bureau of Economic Analysis, non-benchmark years from similar data by BEA. Entities not contacted by BEA Commerce. reported in the BE–12, Benchmark have no reporting responsibilities. ACTION: Notice of information collection, Survey of Foreign Direct Investment in Potential respondents include those request for comment. the United States, which is conducted U.S. business enterprises that were every five years and will next be SUMMARY: The Department of required to report on the BE–12, Commerce, in accordance with the conducted for the fiscal year ending in Benchmark Survey of Foreign Direct Paperwork Reduction Act of 1995 2022. The data collected through the Investment in the United States—2017, (PRA), invites the general public and BE–605 survey are essential for the along with those U.S. business other Federal agencies to comment on preparation of the U.S. international enterprises that subsequently have proposed, and continuing information transactions, national income and become at least partly foreign owned. product, and input-output accounts and collections, which helps us assess the III. Data impact of our information collection the net international investment requirements and minimize the public’s position of the United States. The data OMB Control Number: 0608–0009. reporting burden. The purpose of this are needed to measure the size and Form Number: BE–605. Type of Review: Regular submission. notice is to allow for 60 days of public economic significance of foreign direct Affected Public: Business or other for- comment preceding submission of the investment in the United States, profit organizations. collection to OMB. measure changes in such investment, Estimated Number of Responses: DATES: To ensure consideration, and assess its impact on the U.S. economy. 17,800 annually. comments regarding this proposed Estimated Time per Response: One information collection must be received The proposed changes to the BE–605 hour is the average but may vary on or before December 22, 2020. survey form are relatively minor and considerably among respondents ADDRESSES: Interested persons are aim to clarify when changes in because of differences in company size invited to submit written comments to ownership are made. These changes and complexity. Jessica Hanson, Chief, Direct should improve the efficiency of the Estimated Total Annual Burden Transactions and Positions Branch, survey data review process and reduce Hours: 17,800. Bureau of Economic Analysis, at the need for follow-up contact with Estimated Total Annual Cost to [email protected]. Please respondents. Additionally, the Bureau Public: $0. reference OMB Control Number 0608– of Economic Analysis (BEA) proposes to Respondent’s Obligation: Mandatory. 0009 in the subject line of your remove a question that has not met its Legal Authority: International comments. Do not submit Confidential intended goal of assisting to identify Investment and Trade in Services Business Information or otherwise potential respondents for the BE–13, Survey Act (Pub. L. 94–472, 22 U.S.C. sensitive or protected information. Survey of New Foreign Direct 3101–3108, as amended). FOR FURTHER INFORMATION CONTACT: Investment in the United States. BEA Requests for additional information or also plans to make improvements to IV. Request for Comments specific questions related to collection question wording, instructions, and Comments are invited on: (a) Whether activities should be directed to Jessica formatting to elicit more complete and the proposed collection of information Hanson, Chief, Direct Transactions and correct responses. is necessary for the proper performance
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of the functions of the Agency, the FTZ Board’s regulations, including that sales of certain cold-drawn including whether the information will Section 400.14. mechanical tubing of carbon and alloy have practical utility; (b) the accuracy of Dated: October 20, 2020. steel (cold-drawn mechanical tubing) the Agency’s estimate of the burden Andrew McGilvray, from Italy were made at less than (including hours and cost) of the normal value during the period of Executive Secretary. proposed collection of information; (c) review (POR) November 22, 2017 ways to enhance the quality, utility, and [FR Doc. 2020–23531 Filed 10–22–20; 8:45 am] through May 31, 2019. We invite clarity of the information to be BILLING CODE 3510–DS–P interested parties to comment on these collected; and (d) ways to minimize the preliminary results. burden of the collection of information DATES: DEPARTMENT OF COMMERCE Applicable October 23, 2020. on respondents, including through the FOR FURTHER INFORMATION CONTACT: use of automated collection techniques Foreign-Trade Zones Board Robert Scully, AD/CVD Operations, or other forms of information Office V, Enforcement and Compliance, technology. [S–140–2020] International Trade Administration, Comments that you submit in Approval of Subzone Expansion; U.S. Department of Commerce, 1401 response to this notice are a matter of Hyster-Yale Group, Inc. Berea, Constitution Avenue NW, Washington, public record. We will include or Kentucky DC 20230; telephone: (202) 482–0572. summarize each comment in our request SUPPLEMENTARY INFORMATION: to OMB to approve this ICR. Before On August 12, 2020, the Executive including your address, phone number, Secretary of the Foreign-Trade Zones Background email address, or other personal (FTZ) Board docketed an application On June 11, 2018, Commerce identifying information in your submitted by the Louisville & Jefferson published the antidumping duty order comment, you should be aware that County Riverport Authority, grantee of on CDMT from Italy.1 On July 29, 2019, your entire comment—including your FTZ 29, requesting an expansion of in accordance with 19 CFR personal identifying information—may Subzone 29I subject to the existing 351.221(c)(i), Commerce initiated an be made publicly available at any time. activation limit of FTZ 29, on behalf of administrative review of the While you may ask us in your comment Hyster-Yale Group, Inc., in Berea, antidumping duty order on cold-drawn to withhold your personal identifying Kentucky. mechanical tubing from Italy in information from public review, we The application was processed in accordance with section 751(a) of the cannot guarantee that we will be able to accordance with the FTZ Act and Tariff Act of 1930, as amended (the do so. Regulations, including notice in the Act).2 On November 4, 2019, Commerce Federal Register inviting public partially rescinded its review of six Sheleen Dumas, comment (85 FR 50801–50802, August companies.3 As a result, this review Department PRA Clearance Officer, Office of 18, 2020). The FTZ staff examiner covers one producer/exporter of subject the Chief Information Officer, Commerce merchandise, Dalmine S.p.A. Department. reviewed the application and determined that it meets the criteria for (Dalmine).4 For details regarding the [FR Doc. 2020–23535 Filed 10–22–20; 8:45 am] approval. Pursuant to the authority events that occurred subsequent to the BILLING CODE 3510–06–P delegated to the FTZ Board Executive initiation of the review, see the Secretary (15 CFR Sec. 400.36(f)), the Preliminary Decision Memorandum.5 Pursuant to section 751(a)(3)(A) of the DEPARTMENT OF COMMERCE application to expand Subzone 29I was approved on October 20, 2020, subject Act, Commerce determined that it was Foreign-Trade Zones Board to the FTZ Act and the Board’s not practicable to complete the regulations, including Section 400.13, [B–41–2020] and further subject to FTZ 29’s 2,000- 1 See Certain Cold-Drawn Mechanical Tubing of acre activation limit. Carbon and Alloy Steel from the People’s Republic Foreign-Trade Zone (FTZ) 22— of China, the Federal Republic of Germany, India, Chicago, Illinois; Authorization of Dated: October 20, 2020. Italy, the Republic of Korea, and Switzerland: Andrew McGilvray, Antidumping Duty Orders; and Amended Final Production Activity; Volflex, Inc. Determinations of Sales at Less Than Fair Value for (Flexible Packaging) Mokena, Illinois Executive Secretary. the People’s Republic of China and Switzerland, 83 [FR Doc. 2020–23533 Filed 10–22–20; 8:45 am] FR 26962 (June 11, 2018) (Order). On June 22, 2020, the Illinois 2 See Initiation of Antidumping and BILLING CODE 3510–DS–P International Port District, grantee of Countervailing Duty Administrative Reviews, 84 FR FTZ 22, submitted a notification of 36572 (July 29, 2019). 3 See Certain Cold Drawn Mechanical Tubing of proposed production activity to the FTZ DEPARTMENT OF COMMERCE Carbon and Alloy Steel from Italy: Partial Board on behalf of Volflex, Inc., within Rescission of Antidumping Duty Administrative FTZ 22, in Mokena, Illinois. International Trade Administration Review; 2017–2019, 84 FR 59357 (November 4, The notification was processed in 2019). [A–475–838] 4 accordance with the regulations of the See Memorandum, ‘‘Administrative Review of Certain Cold-Drawn Mechanical Tubing of Carbon FTZ Board (15 CFR part 400), including Certain Cold-Drawn Mechanical Tubing and Alloy Steel: Respondent Selection,’’ dated notice in the Federal Register inviting of Carbon and Alloy Steel From Italy: September 10, 2019; see also Certain Cold Drawn public comment (85 FR 39163, June 30, Preliminary Results of the Mechanical Tubing of Carbon and Alloy Steel from 2020), and a correction notice (85 FR Italy: Partial Rescission of Antidumping Duty Administrative Review of the Administrative Review; 2017—2019, 84 FR 59357 40620, July 7, 2020). On October 20, Antidumping Duty Order; 2017–2019 (November 4, 2019). 2020, the applicant was notified of the 5 See Memorandum, ‘‘Decision Memorandum for FTZ Board’s decision that no further AGENCY: Enforcement and Compliance, the Preliminary Results of the Administrative review of the activity is warranted at International Trade Administration, Review of the Antidumping Duty Order: Certain U.S. Department of Commerce. Cold-Drawn Mechanical Tubing of Carbon and this time. The production activity Alloy Steel from Italy; 2017–2019,’’ dated described in the notification was SUMMARY: The Department of Commerce concurrently with, and hereby adopted by, this authorized, subject to the FTZ Act and (Commerce) preliminarily determines notice (Preliminary Decision Memorandum).
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preliminary results of this review within Weighted- The cash deposit rate for Dalmine in the 245 days and extended the preliminary average final results of review will be equal to results by 117 days, until June 26, Exporter/producer dumping the weighted-average dumping margin 6 margin 2020. On April 24, 2020, Commerce (percent) established in the final results of this tolled all deadlines in administrative administrative review; (2) for reviews by 50 days.7 On July 21, 2020, Dalmine S.p.A ...... 11.38 merchandise exported by producers or Commerce tolled deadlines for all exporters not covered in this review but preliminary and final results in Assessment Rates covered in a prior segment of the administrative reviews by an additional Upon completion of the final results, proceeding, the cash deposit rate will 60 days.8 The deadline for the Commerce shall determine, and U.S. continue to be the company-specific rate preliminary results of this review is now Customs and Border Protection (CBP) published for the most recently- October 14, 2020. shall assess, antidumping duties on all completed segment of this proceeding in appropriate entries. If Dalmine’s which they were reviewed; (3) if the Scope of the Order weighted-average dumping margin is exporter is not a firm covered in this The products covered by this order not zero or de minimis (i.e., less than 0.5 review or the original investigation but are certain cold-drawn mechanical percent) in the final results of this the producer is, then the cash deposit tubing of carbon and alloy steel review, we will calculate importer- rate will be the rate established for the specific ad valorem antidumping duty products from Italy. For a full most recently completed segment of this assessment rates based on the ratio of description of the scope, see the proceeding for the producer of the the total amount of dumping calculated merchandise; (4) the cash deposit rate Preliminary Decision Memorandum. for the importer’s examined sales to the for all other producers or exporters will total entered value of those same sales Methodology continue to be 47.87 percent,11 the all- in accordance with 19 CFR others rate established in the less-than- Commerce is conducting this review 351.212(b)(1). We will instruct CBP to in accordance with section 751(a) of the assess antidumping duties on all fair-value investigation. These cash Act. For a full description of the appropriate entries covered by this deposit requirements, when imposed, methodology underlying these review when the importer-specific shall remain in effect until further preliminary results, see the Preliminary assessment rate calculated in the final notice. Decision Memorandum. A list of topics results of this review is not zero or de Disclosure and Public Comment included in the Preliminary Decision minimis. If Dalmine’s weighted-average Memorandum is included as an dumping margin is zero or de minimis, We intend to disclose the calculations appendix to this notice. The Preliminary we will instruct CBP to liquidate the performed to parties within five days Decision Memorandum is a public appropriate entries without regard to after public announcement of the document and is made available to the antidumping duties. The final results of preliminary results.12 Pursuant to 19 public via Enforcement and this review shall be the basis for the CFR 351.309(c), interested parties may assessment of antidumping duties on Compliance’s Antidumping and submit case briefs no later than 30 days entries of merchandise covered by the Countervailing Duty Centralized after the date of publication of this final results of this review and for future Electronic Service System (ACCESS). notice. Rebuttal briefs, limited to issues deposits of estimated duties, where raised in the case briefs, may be filed ACCESS is available to registered users applicable.9 at https://access.trade.gov. In addition, a not later than seven days after the date For entries of subject merchandise for filing case briefs.13 Parties who complete version of the Preliminary during the POR produced by Dalmine Decision Memorandum is available at submit case briefs or rebuttal briefs in for which it did not know that the this proceeding are encouraged to http://enforcement.trade.gov/frn/. The merchandise was destined for the submit with each argument: (1) A signed and electronic versions of the United States, we will instruct CBP to statement of the issue, (2) a brief Preliminary Decision Memorandum are liquidate those entries at the all-others identical in content. summary of the argument, and (3) a rate if there is no rate for the 14 intermediate company(ies) involved in table of authorities. Executive Preliminary Results of the Review the transaction.10 summaries should be limited to five pages total, including footnotes. Case We preliminarily determine that the We intend to issue liquidation instructions to CBP 15 days after and rebuttal briefs should be filed using following weighted-average dumping ACCESS 15 and must be served on margin exists for the period November publication of the final results of this review. interested parties.16 Note that 22, 2017 through May 31, 2019: Commerce has temporarily modified Cash Deposit Requirements certain of its requirements for serving The following cash deposit documents containing business requirements will be effective for all 6 See Memorandum, ‘‘Certain Cold-Drawn shipments of the subject merchandise 11 Mechanical Tubing from Italy: Extension of See Certain Cold-Drawn Mechanical Tubing of Deadline for Preliminary Results of Antidumping entered, or withdrawn from warehouse, Carbon and Alloy Steel from the People’s Republic of China, the Federal Republic of Germany, India, Duty Administrative Review,’’ dated February 5, for consumption on or after the Italy, The Republic of Korea, and Switzerland: 2020. publication date of the finals results of Antidumping Duty Orders; and Amended Final 7 See Memorandum, ‘‘Tolling of Deadlines for this administrative review, as provided Determinations of Sales at Less Than Fair Value for Antidumping and Countervailing Duty by section 751(a)(2)(C) of the Act: (1) the People’s Republic of China and Switzerland, 83 Administrative Reviews in Response to Operational FR 26962 (June 11, 2018). 12 Adjustments Due to COVID–19,’’ dated April 24, 9 See section 751(a)(2)(C) of the Act. See 19 CFR 351.224(b). 13 2020. 10 For a full discussion of this practice, see See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 8 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings: 14 See 19 CFR 351.309(c)(2) and (d)(2). Antidumping and Countervailing Duty Assessment of Antidumping Duties, 68 FR 23954 15 See generally 19 CFR 351.303. Administrative Reviews,’’ dated July 21, 2020. (May 6, 2003). 16 See 19 CFR 351.303(f).
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proprietary information, until further IV. Discussion of the Methodology On March 9, 2020, Commerce notice.17 V. Product Comparisons received comments and information Pursuant to 19 CFR 351.310(c), VI. Date of Sale from Liberty Steel USA, Optimus Steel interested parties who wish to request a VII. Export Price and Constructed Export LLC, and Charter Steel (collectively, hearing must submit a written request to Price Domestic Wire Rod Producers); 3 Nucor VIII. Normal Value the Assistant Secretary for Enforcement IX. Currency Conversion Corporation (Nucor) and Commercial and Compliance, filed electronically via X. Recommendation Metals Company (CMC), domestic ACCESS. An electronically-filed producers of carbon and alloy steel wire [FR Doc. 2020–23484 Filed 10–22–20; 8:45 am] document must be received successfully rod; the Rebar Trade Action Coalition in its entirety by Commerce’s electronic BILLING CODE 3510–DS–P and its individual members, Nucor, records system, ACCESS, by 5:00 p.m. Gerdau Ameristeel US Inc., CMC, Steel Eastern Time within 30 days after the DEPARTMENT OF COMMERCE Dynamics, Inc., and Byer Steel Group, date of publication of this notice. Inc., domestic producers of steel Requests should contain: (1) The party’s International Trade Administration concrete reinforcing bar (collectively, name, address, and telephone number; Domestic Steel Producers); 4 and the (2) the number of participants; and (3) [A–822–804; A–822–806] GOB.5 On March 13, 2020, Commerce a list of issues to be discussed. Issues received comments and information Steel Concrete Reinforcing Bars From raised in the hearing will be limited to from the United Steel, Paper and Belarus and Carbon and Alloy Steel those raised in the respective case and Forestry, Rubber, Manufacturing, Wire Rod From Belarus: Final Results rebuttal briefs. If a request for a hearing Energy, Allied Industrial and Service of Antidumping Duty Changed is made, Commerce intends to hold the Workers International Union (USW).6 Circumstances Reviews hearing at a time and date to be On April 6, 2020, Commerce received determined. AGENCY: rebuttal briefs from Domestic Wire Rod Enforcement and Compliance, 7 8 International Trade Administration, Producers, Domestic Steel Producers, Final Results of Review 9 Department of Commerce. and the GOB. Unless otherwise extended, SUMMARY: On February 6, 2020, the Public Hearing Commerce intends to issue the final Department of Commerce (Commerce) results of this administrative review, On September 30, 2020, Commerce published the initiation of the changed including the results of its analysis of held a public hearing via circumstances reviews (CCRs) of steel 10 the issues raised in any written briefs, videoconference. concrete reinforcing bars from Belarus not later than 120 days after the date of and carbon and alloy steel wire rod from Analysis of Comments Received publication of this notice, pursuant to Belarus. For these final results, Commerce’s analysis of the issues section 751(a)(3)(A) of the Act and 19 Commerce concludes that Belarus raised by parties to this review is CFR 351.213(h)(1). continues to be a non-market economy Notification to Importers (NME) country for purposes of the Circumstances Reviews, 85 FR 6893 (February 6, antidumping duty (AD) law, because its 2020). This notice also serves as a 3 See Domestic Wire Rod Producers’ Letter, ‘‘Steel preliminary reminder to importers of economy does not primarily operate on Concrete Reinforcing Bars from Belarus and Carbon their responsibility under 19 CFR market principles. and Alloy Steel Wire Rod from Belarus—Comments DATES: Applicable October 23, 2020. on Changed Circumstances Reviews re: Belarus 351.402(f)(2) to file a certificate Non-Market Economy Status,’’ dated March 9, 2020. regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: 4 See Domestic Steel Producers’ Letter, ‘‘Steel antidumping duties prior to liquidation Christopher Loopesko, Office of Policy, Concrete Reinforcing Bars from Belarus and Alloy of the relevant entries during this POR. Enforcement and Compliance, Steel Wire Rod from Belarus: Comments Pursuant Failure to comply with this requirement to 19 U.S.C. 1677(18)(B),’’ dated March 9, 2020. International Trade Administration, 5 See GOB’s Letter, ‘‘Changed Circumstances could result in Commerce’s U.S. Department of Commerce, 1401 Reviews—Belarus Nonmarket Economy Graduation: presumption that reimbursement of Constitution Avenue NW, Washington, Government of Belarus Case Brief and Hearing antidumping duties occurred and the DC 20230; telephone: (202) 482–0969. Request,’’ dated March 9, 2020. subsequent assessment of doubled 6 See USW’s Letter, ‘‘Steel Concrete Reinforcing SUPPLEMENTARY INFORMATION: Bars from Belarus and Carbon and Alloy Steel Wire antidumping duties. Rod from Belarus: Refiling of Comments,’’ dated Background March 13, 2020 (USW’s Brief). The USW’s brief was Notification to Interested Parties On December 16, 2019, the timely filed on March 6, 2020. However, the USW This administrative review and notice omitted certain certifications, and Commerce Government of Belarus (GOB) requested requested that the USW refile its submission with are issued and published in accordance that Commerce review Belarus’ status as the proper certifications by March 13, 2020. with sections 751(a)(1) and 777(i)(1) of an NME country within the context of Therefore, we consider this brief to be timely filed. the Act, and 19 CFR 351.221(b)(4). CCRs of the AD orders on steel concrete 7 See Domestic Steel Producers’ Letter, ‘‘Steel Concrete Reinforcing Bars from Belarus and Carbon Dated: October 14, 2020. reinforcing bars and carbon and alloy and Alloy Steel Wire Rod from Belarus—Domestic Jeffrey I. Kessler, steel wire rod.1 On February 6, 2020, Interested Parties’ Rebuttal Comments on Belarus’ NME Graduation Comments,’’ dated April 6, 2020. Assistant Secretary for Enforcement and Commerce published in the Federal Register the notice of initiation of these 8 See Domestic Steel Producers’ Letter, ‘‘Steel Compliance. Concrete Reinforcing Bars from Belarus and Alloy CCRs.2 Appendix—List of Topics Discussed in Steel Wire Rod from Belarus: Rebuttal Comments,’’ dated April 6, 2020. the Preliminary Decision Memorandum 1 See GOB’s Letter, ‘‘Steel Concrete Reinforcing 9 See GOB’s Letter, ‘‘Steel Concrete Reinforcing I. Summary Bars from Belarus and Alloy Steel Wire Rod from Bar and Carbon and Alloy Steel Wire Rod from Belarus: Request for the Department of Commerce II. Background Belarus: Government of Belarus Rebuttal to Initiate a Changed Circumstance Review on Comments,’’ dated April 6, 2020. III. Scope of the Order Behalf of the Republic of Belarus,’’ dated December 10 See Public Hearing Transcript regarding 16, 2019. ‘‘Antidumping Duty Changed Circumstances 17 See Temporary Rule Modifying AD/CVD 2 See Steel Concrete Reinforcing Bars from Reviews of Steel Concrete Reinforcing Bars from Service Requirements Due to COVID–19; Extension Belarus and Carbon and Alloy Steel Wire Rod from Belarus and Carbon and Alloy Steel Wire Rod from of Effective Period, 85 FR 41363 (July 10, 2020). Belarus: Initiation of Antidumping Duty Changed Belarus,’’ dated September 30, 2020.
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included in the NME Analysis Memo.11 Belarusian costs or pricing structures comments on the Preliminary Results. The NME Analysis Memo is a public that are relevant to Commerce’s No party submitted comments. document on file electronically via antidumping analysis. Commerce’s Accordingly, the final results remain Enforcement and Compliance’s analysis and reasoning in support of its unchanged from the Preliminary Antidumping and Countervailing Duty conclusion are detailed in the NME Results. Centralized Electronic Service System Analysis Memo. On July 21, 2020, Commerce tolled all (ACCESS). ACCESS is available to deadlines in administrative reviews by registered users at http:// Notification to Interested Parties 60 days.2 The deadline for the final access.trade.gov. In addition, a complete This determination is issued and results of this review is now December version of the NME Analysis Memo can published in accordance with sections 28, 2020.3 be accessed directly on the internet at 751(b) and 771(18)(C)(ii) of the Act. http://enforcement.trade.gov/frn/ Dated: October 16, 2020. Scope of the Order index.html. The signed NME Analysis Jeffrey I. Kessler, Memo and the electronic versions of the The merchandise subject to this order Assistant Secretary for Enforcement and is cold-polymerized emulsion styrene- NME Analysis Memo are identical in Compliance. content. butadiene rubber. Subject merchandise [FR Doc. 2020–23513 Filed 10–22–20; 8:45 am] includes but is not limited to ESB Final Results of Changed BILLING CODE 3510–DS–P rubber in primary forms, bales, granules, Circumstances Reviews crumbs, pellets, powders, plates, sheets These CCRs were conducted pursuant strip, etc. ESB rubber consists of non- DEPARTMENT OF COMMERCE to section 771(18)(A) of the Tariff Act of pigmented rubbers and oil-extended 1930, as amended (the Act), which International Trade Administration non-pigmented rubbers, both of which defines the term ‘‘non-market economy contain at least one percent of organic country’’ as any foreign country [A–580–890] acids from the emulsion polymerization determined by Commerce not to process. ‘‘operate on market principles of cost or Emulsion Styrene-Butadiene Rubber pricing structures, so that sales of From the Republic of Korea: Final ESB rubber is produced and sold in merchandise in such country do not Results of the Administrative Review accordance with a generally accepted reflect the fair value of the of the Antidumping Duty Order; 2018– set of product specifications issued by merchandise.’’ Section 771(18)(B) of the 2019 the International Institute of Synthetic Rubber Producers (IISRP). The scope of Act lists six factors Commerce must AGENCY: Enforcement and Compliance consider in any inquiry made under the review covers grades of ESB rubber International Trade Administration, included in the IISRP 1500 and 1700 section 771(18)(A) of the Act, and under Department of Commerce. section 771(18)(C)(i) of the Act, a series of synthetic rubbers. The 1500 SUMMARY: The Department of Commerce country’s NME country status remains grades are light in color and are often (Commerce) finds that sales of emulsion in effect until revoked. described as ‘‘Clear’’ or ‘‘White Rubber.’’ Section 771(18)(B) of the Act requires styrene butadiene rubber (ESB rubber) The 1700 grades are oil-extended and that Commerce take into account: (1) from the Republic of Korea (Korea) were thus darker in color, and are often called The extent to which the currency of the made at less than normal value during ‘‘Brown Rubber.’’ foreign country is convertible into the the period of review (POR) September 1, 2018 through August 31, 2019. Specifically excluded from the scope currency of other countries; (2) the of this order are products which are DATES: extent to which wage rates in the foreign Applicable October 23, 2020. manufactured by blending ESB rubber country are determined by free FOR FURTHER INFORMATION CONTACT: with other polymers, high styrene resin bargaining between labor and Kabir Archuletta, AD/CVD Operations, master batch, carbon black master batch management; (3) the extent to which Office V, Enforcement and Compliance, (i.e., HSRP 1600 series and 1800 series) joint ventures or other investments by International Trade Administration, and latex (an intermediate product). firms of other foreign countries are U.S. Department of Commerce, 1401 permitted in the foreign country; (4) the Constitution Avenue NW, Washington, The subject merchandise is extent of government ownership or DC 20230; telephone: (202) 482–2593. classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the control of the means of production; (5) SUPPLEMENTARY INFORMATION: the extent of government control over Harmonized Tariff Schedule of the the allocation of resources and over the Background United States (HTSUS). ESB rubber is price and output decisions of On July 1, 2020, Commerce published described by Chemical Abstract Services enterprises; and (6) such other factors as the Preliminary Results of the (CAS) Registry No. 9003–55–8. This the administering authority (i.e., administrative review of the CAS number also refers to other types Commerce) considers appropriate. In antidumping duty order on ESB rubber of styrene butadiene rubber. these final results, Commerce concludes from Korea, wherein we applied facts Although the HTSUS subheadings that Belarus remains an NME country, otherwise available with adverse and the CAS registry number are based on an analysis of these six factors. inferences to the sole mandatory provided for convenience and customs The Belarusian government’s role in the respondent, LG Chem, Ltd. (LG Chem), purposes, the written description of the economy and its relationship with because LG Chem notified Commerce scope of the order is dispositive. markets and the private sector lead to that it would not participate in the fundamental distortions and allocative review.1 We invited parties to submit LG Chem’s Letter, ‘‘Emulsion Styrene Butadiene efficiency problems, and affect Rubber (ESBR) from Korea: LG Chem’s Decision to 1 See Emulsion Styrene-Butadiene Rubber from Stop Participating in AD Review,’’ dated January 11 See Memorandum, ‘‘Final Results of Changed the Republic of Korea: Preliminary Results of the 13, 2020. Circumstances Reviews Regarding Belarus’ Status Administrative Review of the Antidumping Duty 2 See Memorandum, ‘‘Tolling of Deadlines for as a Non-Market Economy Country,’’ dated Order 2018–2019, 85 FR 39534 (July 1, 2020) Antidumping and Countervailing Duty concurrently with, and hereby adopted by, this (Preliminary Results) and accompanying Administrative Reviews,’’ dated July 21, 2020. notice (NME Analysis Memo). Preliminary Decision Memorandum (PDM); see also 3 Id.
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Final Results of Review result of this review, we continue to exist for the period of September 1, 2018 We made no changes from the determine that the following percentage through August 31, 2019: Preliminary Results. Therefore, as a weighted-average dumping margins
Dumping Producers/exporters margin (percent)
LG Chem Ltd.4 ...... 44.30 Review-Specific Rate Applicable to the Following Companies: 5 Daewoo International Corporation ...... 44.30 Hyundai Glovis Co ...... 44.30 Kukje Trading Corp ...... 44.30 Kumho Petrochemical Co. Ltd ...... 44.30 Sungsan International Co., Ltd ...... 44.30 WE International Co., Ltd ...... 44.30
Assessment remains unchanged from the judicial protective order is hereby Commerce shall determine, and U.S. Preliminary Results (i.e., 44.30 percent); requested. Failure to comply with the Customs and Border Protection (CBP) (2) for previously investigated regulations and the term of an APO is shall assess, antidumping duties on all companies not under review in this a violation subject sanction. appropriate entries covered by this segment, the cash deposit will continue Notification to Interested Parties review, in accordance with section to be the company-specific rate We are issuing and publishing these 751(a)(2)(C) of the Act and 19 CFR published for the most recently final results in accordance with sections 351.212(b). These final results of review completed segment of this proceeding in 751(a)(1) and 777(i) of the Act, and 19 remain unchanged from the Preliminary which the company participated; (3) if CFR 351.213(h). Results. Accordingly, we will instruct the exporter is not a firm covered in this CBP to apply an ad valorem assessment review, or the original less-than-fair- Dated: October 15, 2020. rate of 44.30 percent to all entries of value (LTFV) investigation, but the Jeffrey I. Kessler, subject merchandise during the POR manufacturer is, then the cash deposit Assistant Secretary for Enforcement and from LG Chem and the companies rate will be the rate established for the Compliance. which were not selected for individual most recent segment for the [FR Doc. 2020–23516 Filed 10–22–20; 8:45 am] 6 examination. Commerce intends to manufacturer of the merchandise; and BILLING CODE 3510–DS–P issue assessment instructions 15 days (4) the cash deposit rate for all other after the publication date of the final manufacturers or exporters will results of this review. continue to be 9.66 percent, the all- DEPARTMENT OF COMMERCE others rate established in the LTFV Cash Deposit Requirements investigation. These cash deposit International Trade Administration The following cash deposit requirements, when imposed, shall [C–570–917] requirements will be effective for all remain in effect until further notice. shipments of ESB rubber from Korea Notification to Importers Laminated Woven Sacks From the entered, or withdrawn from warehouse, People’s Republic of China: Final for consumption on or after the This notice serves as a final reminder Results of Countervailing Duty publication date of the final results of to importers of their responsibility Administrative Review and Rescission, this administrative review, as provided under 19 CFR 351.402(f)(2) to file a in Part; 2018 by section 751(a)(2)(C) of the Act: (1) certificate regarding the reimbursement The cash deposit rate for LG Chem, of antidumping duties prior to AGENCY: Enforcement and Compliance, Daewoo International Corporation, liquidation of the relevant entries International Trade Administration, Hyundai Glovis Co., Kukje Trading during this review period. Failure to Department of Commerce. Corp., Kumho Petrochemical Co. Ltd., comply with this requirement could SUMMARY: The Department of Commerce Sungsan International Co., Ltd., and WE result in Commerce’s presumption that (Commerce) determines that Shandong International Co., Ltd. will be equal to reimbursement of antidumping duties Shouguang Jianyuan Chun Co., Ltd. the dumping margin established in occurred and the subsequent assessment (Shouguang) received countervailable these final results of review, which of double antidumping duties. subsidies during the period of review (POR) January 1, 2018 through 4 As explained in the Preliminary Results PDM, Administrative Protective Order December 31, 2018. In addition, we are mandatory respondent LG Chem notified Commerce This notice also serves as a reminder rescinding this review with respect to that it would not participate in this administrative the 18 companies listed in the review, and we applied facts otherwise available to parties subject to administrative with adverse inference (AFA), in accordance with protective order (APO) of their Appendix to this notice. section 776 of the Act. No party challenged our responsibility concerning the return or DATES: Applicable October 23, 2020. Preliminary Results with respect to LG Chem or the FOR FURTHER INFORMATION CONTACT: rate selected. Therefore, we continue to apply AFA destruction of proprietary information to LG Chem. disclosed under the APO in accordance Chien-Min Yang, AD/CVD Operations, 5 The rate of 44.30 percent is the only rate with 19 CFR 351.305(a)(3), which Office VII, Enforcement and determined in this review for an individual continues to govern business Compliance, International Trade respondent, and, thus, it is appropriate to apply this proprietary information in this segment Administration, U.S. Department of rate to the non-selected companies under section 735(c)(5)(B) of the Act. For a detailed discussion, of the proceeding. Timely written Commerce, 1401 Constitution Avenue see the PDM. notification of the return or destruction NW, Washington, DC 20230; telephone: 6 See Preliminary Results. of APO materials or conversion to (202) 482–5484.
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SUPPLEMENTARY INFORMATION: Scope of the Order one end or in roll form (including sheets, lay-flat tubing, and sleeves), Background The merchandise covered by this order is laminated woven sacks. laminated woven sacks may be This review covers Shouguang, the Laminated woven sacks are bags or classifiable under other HTSUS sole mandatory respondent, its cross- sacks consisting of one or more plies of subheadings including 3917.39.0050, owned affiliate, Shandong Longxing fabric consisting of woven 3921.90.1100, 3921.90.1500, and Plastic Products Co., Ltd., and 18 other polypropylene strip and/or woven 5903.90.2500. If the polypropylene companies that did not have reviewable polyethylene strip, regardless of the strips and/or polyethylene strips making entries of subject merchandise during width of the strip; with or without an up the fabric measure more than 5 the POR for which liquidation is extrusion coating of polypropylene and/ millimeters in width, laminated woven suspended. or polyethylene on one or both sides of sacks may be classifiable under other HTSUS subheadings including On June 23, 2020, Commerce the fabric; laminated by any method 4601.99.0500, 4601.99.9000, and published the Preliminary Results.1 In either to an exterior ply of plastic film 4602.90.0000. Although HTSUS the Preliminary Results, Commerce such as biaxially-oriented subheadings are provided for preliminarily determined that polypropylene (BOPP) or to an exterior convenience and customs purposes, the Shouguang received countervailable ply of paper that is suitable for high 6 written description of the scope of the subsidies during the POR. Pursuant to quality print graphics; printed with order is dispositive. section 776(a) of the Act, Commerce three colors or more in register; with or preliminarily relied upon facts without lining; whether or not closed on Rescission of Review, in Part one end; whether or not in roll form otherwise available because neither the As noted in the Preliminary Results, Government of China (GOC) nor (including sheets, lay-flat tubing, and sleeves); with or without handles; with 18 of the companies subject to this Shouguang responded to the initial review did not have reviewable entries questionnaire. Commerce further found or without special closing features; not exceeding one kilogram in weight. of subject merchandise during the POR that an adverse inference was warranted for which liquidation is suspended. because the GOC and Shouguang did Laminated woven sacks are typically used for retail packaging of consumer Accordingly, in the absence of not cooperate to the best of their ability. goods such as pet foods and bird seed. reviewable, suspended entries of subject In addition, we stated our intent to Effective July 1, 2007, laminated merchandise during the POR by the 18 rescind this administrative review with woven sacks are classifiable under companies at issue, we are rescinding respect to 18 companies that did not Harmonized Tariff Schedule of the this administrative review with respect have reviewable entries of subject United States (HTSUS) subheadings to these 18 companies, in accordance merchandise during the POR and for with 19 CFR 351.213(d)(3).7 2 6305.33.0050 and 6305.33.0080. which liquidation is suspended. Laminated woven sacks were previously Final Results of the Review Although we invited parties to comment classifiable under HTSUS subheading 3 on the Preliminary Results, no 6305.33.0020. Laminated woven sacks Because we received no comments interested party submitted comments. are also classifiable under HTSUS from interested parties, we made no On April 24, 2020, Commerce tolled 6305.33.0040. If entered with plastic changes to the Preliminary Results. all deadlines in administrative reviews coating on both sides of the fabric Accordingly, no decision memorandum by 50 days.4 On July 21, 2020, consisting of woven polypropylene strip accompanies this Federal Register Commerce tolled all deadlines in and/or woven polyethylene strip, notice.8 administrative reviews by an additional laminated woven sacks may be We determine the following net 60 days.5 The deadline for the final classifiable under HTSUS subheadings countervailable subsidy rate for the results of this review is now December 3923.21.0080, 3923.21.0095, and period January 1, 2018 through 21, 2020. 3923.29.0000. If entered not closed on December 31, 2018:
Net subsidy rate Company ad valorem
Shandong Shouguang Jianyuan Chun Co., Ltd. and Shandong Longxing Plastic Products Co., Ltd ...... 398.62 percent.
Disclosure with 19 CFR 351.224(b). However, the subsidy rate is outlined in the because Commerce has applied a rate Preliminary Results,9 there are no Normally, Commerce discloses to based on facts otherwise available with calculations to disclose. interested parties the calculations an adverse inference to the sole performed in connection with the final Assessment Rates results within five days of the date of mandatory respondent in this review, in publication of the notice of final results accordance with section 776 of the Act, Consistent with section 751(a)(1) of in the Federal Register, in accordance and because the method for determining the Tariff Act of 1930, as amended (the
1 See Laminated Woven Sacks from the People’s Adjustments Due to COVID–19,’’ dated April 24, 7 See the Appendix for a list of the 18 companies Republic of China: Preliminary Results of 2020. for whom we are rescinding this review because Countervailing Duty Administrative Review and 5 See Memorandum, ‘‘Tolling of Deadlines for each had no reviewable, suspended entries during Intent to Rescind, in Part; 2018, 85 FR 37624 (June Antidumping and Countervailing Duty the POR. 23, 2020) (Preliminary Results), and accompanying Administrative Reviews,’’ dated July 21, 2020. 8 For further details of the issues addressed in this Preliminary Decision Memorandum (PDM). 6 ‘‘Paper suitable for high quality print graphics,’’ proceeding, see Preliminary Results and PDM. 2 Id., 85 FR at 37625. as used herein, means paper having an ISO 9 3 Id., 85 FR at 37625–26. brightness of 82 or higher and a Sheffield See Preliminary Results PDM at ‘‘Use of Facts 4 See Memorandum, ‘‘Tolling of Deadlines for Smoothness of 250 or less. Coated free sheet is an Otherwise Available and Application of Adverse Antidumping and Countervailing Duty example of a paper suitable for high quality print Inferences’’ and Appendix II. Administrative Reviews in Response to Operational graphics.
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Act) and 19 CFR 351.212(b)(2), 13. Zibo Aifudi Plastic Packaging Co., Ltd. conduct an administrative review of the Commerce will determine, and U.S. 14. Zibo Linzi Luitong Plastic Fabric Co., Ltd. Order, and on October 7, 2019, Customs and Border Protection (CBP) 15. Zibo Linzi Qitianli Plastic Fabric Co., Ltd. Commerce published in the Federal shall assess countervailing duties on all 16. Zibo Linzi Shuaiqiang Plastics Co., Ltd. Register a notice of initiation of an appropriate entries. Commerce intends 17. Zibo Linzi Worun Packing Product Co., administrative review of the Order on Ltd. to issue appropriate assessment 18. Zibo Qigao Plastic Cement Co., Ltd. 11 producers/exporters for the period of instructions to CBP 15 days after review, December 19, 2017 through publication of the final results of this [FR Doc. 2020–23517 Filed 10–22–20; 8:45 am] December 31, 2018.4 On April 14, 2020, review. BILLING CODE 3510–DS–P Commerce partially extended the preliminary results deadline until July Cash Deposit Requirements 1, 2020.5 On April 24, 2020, Commerce DEPARTMENT OF COMMERCE Pursuant to section 751(a)(2)(C) of the decided to uniformly toll deadlines for Act, Commerce also intends to instruct International Trade Administration all antidumping duty and CVD CBP to collect cash deposits of administrative reviews by 50 days.6 On estimated countervailing duties in the [C–570–063] July 21, 2020, Commerce tolled all amount indicated above for the named deadlines in administrative reviews by respondents entered, or withdrawn from Cast Iron Soil Pipe Fittings From the an additional 60 days,7 further warehouse, for consumption on or after People’s Republic of China: extending the deadline for the the date of publication of the final Preliminary Results of Countervailing preliminary results of this review to results of this administrative review. For Duty Administrative Review; 2017– October 19, 2020. all non-reviewed firms, we will instruct 2018 Scope of the Order CBP to collect cash deposits of AGENCY: Enforcement and Compliance, estimated countervailing duties at the International Trade Administration, The product covered by the Order is most recent company-specific or all- Department of Commerce. soil pipe fittings from China. For a others rate applicable to the company, complete description of the scope of this SUMMARY: The Department of Commerce as appropriate. These cash deposit administrative review, see the (Commerce) preliminarily determines requirements, when imposed, shall Preliminary Decision Memorandum.8 that countervailable subsidies are being remain in effect until further notice. provided to producers and exporters of Methodology Notification Regarding Administrative cast iron soil pipe fittings (soil pipe Commerce is conducting this review Protective Order fittings) from the People’s Republic of in accordance with section 751(a)(1)(A) This notice serves as the only China (China). Interested parties are of the Tariff Act of 1930, as amended reminder to parties subject to invited to comment on these (Act). For each of the subsidy programs administrative protective order (APO) of preliminary results of review. found countervailable, we preliminarily their responsibility concerning the DATES: Applicable October 23, 2020. determine that there is a subsidy, i.e., a disposition of proprietary information FOR FURTHER INFORMATION CONTACT: financial contribution by an ‘‘authority’’ disclosed under APO in accordance Dennis McClure or Joseph Dowling, AD/ that confers a benefit to the recipient, with 19 CFR 351.305(a)(3). Timely CVD Operations, Office VIII, and that the subsidy is specific.9 For a written notification of return/ Enforcement and Compliance, full description of the methodology destruction of APO materials or International Trade Administration, underlying our preliminary conclusions, conversion to judicial protective order is U.S. Department of Commerce, 1401 including our reliance, in part, on hereby requested. Failure to comply Constitution Avenue NW, Washington, adverse facts available pursuant to with the regulations and the terms of an DC 20230; telephone: (202) 482–5973 or sections 776(a) and (b) of the Act, see APO is a sanctionable violation. (202) 482–1646, respectively. the Preliminary Decision Memorandum. The Preliminary Decision SUPPLEMENTARY INFORMATION: Notification to Interested Parties Memorandum is a public document and This notice is issued and published in Background accordance with sections 751(a)(1) and On August 31, 2018, Commerce 4 See Initiation of Antidumping and 777(i)(1) of the Act, and 19 CFR 351.213 Countervailing Duty Administrative Reviews, 84 FR published the countervailing duty 53411, 53422 (October 7, 2019) (Initiation Notice). and 351.221(b)(5). (CVD) order on soil pipe fittings from 5 See Memorandum, ‘‘Cast Iron Soil Pipe Fittings Dated: October 16, 2020. China.1 Wor-Biz Industrial Product Co., from the People’s Republic of China: Extension of Deadline for Preliminary Results of Countervailing Jeffrey I. Kessler, Limited (Anhui) (Wor-Biz) 2 and the 3 Duty Administrative Review; 2017–2018,’’ dated Assistant Secretary for Enforcement and petitioner requested that Commerce April 14, 2020. Compliance. 6 See Memorandum, ‘‘Tolling of Deadlines for 1 See Cast Iron Soil Pipe Fittings from the People’s Antidumping and Countervailing Duty Appendix Republic of China: Countervailing Duty Order, 83 Administrative Reviews in Response to Operational FR 44566 (August 31, 2018) (Order). Adjustments Due to COVID–19,’’ dated April 24, List of Non-Selected Companies for 2 On January 8, 2020, Commerce published its 2020. Rescission final determination in a changed circumstances 7 See Memorandum, ‘‘Tolling of Deadlines for 1. Cangnan Color Make The Bag review, finding that Wor-Biz Industrial Product Co., Antidumping and Countervailing Duty 2. Changle Baodu Plastic Co., Ltd. Ltd. (Anhui) is the successor in interest to Wor-Biz Administrative Reviews,’’ dated July 21, 2020. 3. First Way (H.K.) Limited Trading Co., Ltd. (Anhui). See Cast Iron Soil Pipe 8 See Memorandum, ‘‘Decision Memorandum for 4. Han Shing Chemical Co., Ltd. Fittings from the People’s Republic of China: Final the Preliminary Results in the Countervailing Duty 5. Jiangsu Hotson Plastics Co., Ltd. Results of Changed Circumstances Reviews, 85 FR Administrative Review of Cast Iron Soil Pipe 881 (January 8, 2020). Fittings from the People’s Republic of China: 2017– 6. Ningbo Yong Feng Packaging Co., Ltd. 3 2018’’ (Preliminary Decision Memorandum), dated 7. Polywell Industrial Co. See Cast Iron Soil Pipe Institute’s Letter, ‘‘Cast Iron Soil Pipe Fittings from the People’s Republic concurrently with, and hereby adopted by, this 8. Polywell Plastic Product Factory of China: Request for Administrative Review,’’ notice. 9. Shandong Qikai Plastics Product Co., Ltd. dated August 30, 2019. The petitioner in this review 9 See sections 771(5)(B) and (D) of the Act 10. Shandong Qilu Plastic Fabric Group, Ltd. is the Cast Iron Soil Pipe Institute, which is a trade regarding financial contribution; section 771(5)(E) 11. Shandong Youlian Co., Ltd. association, whose members are all domestic of the Act regarding benefit; and section 771(5A) of 12. Wenzhou Hotson Plastics Co., Ltd. producers of cast iron soil pipe fittings. the Act regarding specificity.
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is on file electronically via Enforcement respondents under review to be as case and rebuttal briefs.13 If a request for and Compliance’s Antidumping and follows: a hearing is made, Commerce intends to Countervailing Duty Centralized hold the hearing at a time and date to Electronic Service System (ACCESS). Subsidy be determined. Parties should confirm Producer/exporter rate ACCESS is available to registered users (percent) the date and time of the hearing two at https://access.trade.gov. In addition, a days before the scheduled date. complete version of the Preliminary Qinshui Shunshida Casting Co., Parties are reminded that briefs and Decision Memorandum can be accessed Ltd ...... 109.32 hearing requests are to be filed Wor-Biz Industrial Product Co., electronically using ACCESS and that directly at http://enforcement.trade.gov/ 10 Ltd. (Anhui) ...... 5.13 electronically filed documents must be frn/index.html. The signed Preliminary Wuhu Best Machines Co., Ltd ... 109.32 Decision Memorandum and the Non-Selected Companies Under received successfully in their entirety by electronic version of the Preliminary Review: 5 p.m. Eastern Time on the due date. Decision Memorandum are identical in Dalian Lino F.T.Z. Co., Ltd ..... 5.13 Note that Commerce has temporarily content. A list of topics discussed in the Dalian Metal I/E Co., Ltd ...... 5.13 modified certain of its requirements for Preliminary Decision Memorandum is Dinggin Hardware (Dalian) serving documents containing business Co., Ltd ...... 5.13 included as an Appendix to this notice. proprietary information, until further Golden Orange International notice.14 Rate for Non-Selected Companies Ltd ...... 5.13 Hebei Metals & Engineering Unless the deadline is extended Under Review Products Trading Co., Ltd ... 5.13 pursuant to section 751(a)(3)(A) of the Richang Qiaoshan Trade Co., Act, we intend to issue the final results There are nine companies for which Ltd ...... 5.13 of this administrative review, including a review was requested, which were not Shanxi Zhongrui Tianyue the results of our analysis of the issues selected as mandatory respondents or Trading Co., Ltd ...... 5.13 raised by the parties in their comments, found to be cross-owned with a Shijiazhuang Asia Casting within 120 days after publication of Co., Ltd ...... 5.13 mandatory respondent. Because the rate these preliminary results. calculated for the mandatory Yangcheng County Huawang Universal ...... 5.13 respondent, Wor-Biz, was above de Assessment Rates minimis and not based entirely on facts Disclosure and Public Comment In accordance with 19 CFR available, we applied the subsidy rate 351.221(b)(4)(i), we preliminarily calculated for Wor-Biz to these nine We will disclose to parties in this assigned subsidy rates in the amounts non-selected companies. This proceeding the calculations performed shown above for the producer/exporters methodology for establishing the in reaching the preliminary results shown above. Upon completion of the subsidy rate for the non-selected within five days of publication of these 11 administrative review, consistent with companies is consistent with our preliminary results. Interested parties section 751(a)(2)(C) of the Act and 19 practice and with section 705(c)(5)(A) of may submit written comments (case CFR 351.212(b)(2), Commerce shall briefs) on the preliminary results no the Act. determine, and Customs and Border later than 30 days from the date of Protection (CBP) shall assess, Preliminary Results of the Review publication of this Federal Register countervailing duties on all appropriate notice, and rebuttal comments (rebuttal In accordance with 19 CFR entries covered by this review. We briefs) within seven days after the time intend to issue instructions directly to 351.221(b)(4)(i), we calculated a limit for filing case briefs.12 Pursuant to countervailable subsidy rate for the CBP 15 days after publication of the 19 CFR 351.309(d)(2), rebuttal briefs final results of this review. mandatory respondent Wor-Biz. We must be limited to issues raised in the determined the countervailable subsidy case briefs. Pursuant to 19 CFR Cash Deposit Requirements rate for Qinshui Shunshida Casting Co., 351.309(c)(2) and (d)(2), parties who In accordance with section Ltd. based entirely on adverse facts submit case briefs or rebuttal briefs in 751(a)(2)(C) of the Act, Commerce available, in accordance with section this review are requested to submit with intends, upon publication of the final each argument: (1) A statement of the 776 of the Act. We also assigned an results, to instruct CBP to collect cash issue; (2) a brief summary of the individual estimated subsidy rate based deposits of estimated countervailing on adverse facts available to entries argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), duties in the amounts shown for each of produced and/or exported by Wor-Biz’s the respective companies listed above unaffiliated supplier Wuhu Best interested parties who wish to request a hearing must submit a written request to on shipments of subject merchandise Machines Co., Ltd., in accordance with entered, or withdrawn from warehouse, section 776 of the Act. Therefore, the the Assistant Secretary for Enforcement and Compliance within 30 days of the for consumption on or after the date of only rate that is not zero, de minimis, publication of the final results of this or based entirely on facts otherwise date of publication of this notice. Requests should contain: (1) The party’s administrative review. For all non- available is the rate calculated for Wor- reviewed firms, we will instruct CBP to Biz. Consequently, as discussed above, name, address and telephone number; (2) the number of participants; and (3) continue to collect cash deposits at the the rate calculated for Wor-Biz is also a list of issues parties intend to discuss. most recent company-specific or all- assigned as the rate for all other Issues raised in the hearing will be others rate applicable to the company. producers and exporters subject to this limited to those raised in the respective These cash deposit requirements, when review but not selected for individual imposed, shall remain in effect until examination (i.e., non-selected 10 This rate applies to subject merchandise further notice. companies). exported by Wor-Biz Industrial Product Co., Ltd. We preliminarily find the (Anhui) and produced by companies other than 13 See 19 CFR 351.310(c). Wuhu Best Machines Co., Ltd. 14 countervailable subsidy rates for the See Temporary Rule Modifying AD/CVD 11 See 19 CFR 351.224(b). Service Requirements Due to COVID–19; Extension mandatory and non-selected 12 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). of Effective Period, 85 FR 41363 (July 10, 2020).
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Notification to Interested Parties review of the Agreement.1 On October Amendment to the Agreement, and that These preliminary results are issued 11, 2019, domestic interested party the 2020 Amendment was issued after and published pursuant to sections Louisiana Energy Services LLC (LES) the expiration of the 90-day time limit 751(a)(1) and 777(i)(1) of the Act and 19 submitted a request for an for withdrawal, we find it reasonable to CFR 351.221(b)(4). administrative review of the extend the period of time for Agreement.2 On December 11, 2019, withdrawal of the review request. Dated: October 16, 2020. Commerce published in the Federal Therefore, Commerce is extending the Jeffrey I. Kessler, Register a notice initiating an time limit pursuant to 19 CFR Assistant Secretary for Enforcement and administrative review of the Agreement 351.213(d)(1) and permitting LES to Compliance. for the POR October 1, 2018 through 3 withdraw its request for an Appendix September 30, 2019. Pursuant to 19 CFR 351.213(d)(1), administrative review. List of Topics Discussed in the Preliminary Commerce will rescind an Rescission of the Administrative Decision Memorandum administrative review, in whole or in Review I. Summary part, if the party or parties that II. Background requested a review withdraws the As discussed above, pursuant to 19 III. Non-Selected Companies Under Review request within 90 days of the CFR 351.213(d)(1), Commerce has IV. Scope of the Order publication date of the notice of considered LES’s request to withdraw V. Diversification of China’s Economy initiation of the requested review. its request for a review of the Agreement VI. Subsidies Valuation Furthermore, Commerce may extend VII. Use of Facts Otherwise Available and beyond the established time limit and, Application of Adverse Inferences this time limit if Commerce decides that based on the reasons provided by LES VIII. Interest Rate Benchmarks, Discount it is reasonable to do so. The deadline and the circumstances presented, Rates, Inputs, and Electricity for a party to withdraw a request for determines that it is reasonable to IX. Analysis of Programs review was on March 10, 2020. extend the deadline and permit LES to On October 6, 2020, LES submitted a X. Recommendation withdraw its review request. request to withdraw its request for the [FR Doc. 2020–23449 Filed 10–22–20; 8:45 am] Accordingly, as LES has withdrawn its BILLING CODE 3510–DS–P administrative review of the Agreement.4 Although this review was request for review, Commerce is initiated more than 90 days prior to its rescinding this review of the Agreement for the POR October 1, 2018 through DEPARTMENT OF COMMERCE request for withdrawal, i.e., on December 11, 2019, LES requests that September 30, 2019 in accordance with International Trade Administration Commerce exercise its discretion to 19 CFR 351.213(d)(1). [A–821–802] rescind this review. In its letter, LES Administrative Protective Orders explains that it is reasonable to rescind Agreement Suspending the it in light of the recent amendment to This notice serves as a reminder to all Antidumping Investigation on Uranium the Agreement reached on October 5, parties subject to administrative From the Russian Federation: 2020.5 LES argues that the 2020 protective order (APO) of their Rescission of 2018–2019 Amendment aims at correcting statutory responsibility concerning the return or Administrative Review deficiencies of the Agreement at issue in destruction of proprietary information the review and that Commerce need not disclosed under APO in accordance AGENCY: Enforcement and Compliance, expend additional resources in the with 19 CFR 351.305. Timely written International Trade Administration, 6 conduct of this review. LES further notification of the return/destruction of Department of Commerce. notes that Commerce has not yet issued APO materials or conversion to judicial SUMMARY: The U.S. Department of the preliminary results of review. protective order is hereby requested. Commerce (Commerce) is rescinding the LES has stated that it is withdrawing Failure to comply with the regulations administrative review of the Agreement its request for review based upon its and terms of an APO is a violation Suspending the Antidumping conclusion that rescission is reasonable Investigation on Uranium from the in light of the recently issued 2020 which is subject to sanction. Russian Federation (Agreement) for the Amendment to the Agreement. In Notification to Interested Parties period of review (POR) from October 1, addition, given that the basis for LES’s 2018 through September 30, 2019, based withdrawal is the issuance of the 2020 This notice is issued and published in on withdrawal of the request for review. accordance with sections 751(a)(1) and DATES: Applicable October 23, 2020. 1 See Antidumping or Countervailing Duty Order, 777(i)(1) of the Act and 19 CFR Finding, or Suspended Investigation; Opportunity 351.213(d)(4). FOR FURTHER INFORMATION CONTACT: To Request Administrative Review, 83 FR 49358 Sally C. Gannon or Jill Buckles, Bilateral (October 1, 2018). Dated: October 19, 2020. 2 Agreements Unit, Enforcement and See Letter from LES, ‘‘Uranium from Russia: Jeffrey I. Kessler, Compliance, International Trade Request for Administrative Review,’’ dated October 11, 2019. Assistant Secretary for Enforcement and Administration, U.S. Department of 3 See Initiation of Antidumping and Compliance. Commerce, 1401 Constitution Avenue Countervailing Duty Administrative Reviews, 84 FR [FR Doc. 2020–23527 Filed 10–22–20; 8:45 am] NW, Washington, DC 20230; telephone: 67712 (December 11, 2019). (202) 482–0162 or (202) 482–6230, 4 See Letter from LES, ‘‘Uranium from the Russian BILLING CODE 3510–DS–P respectively. Federation: Withdrawal of Request for Administrative Review,’’ dated October 6, 2020 SUPPLEMENTARY INFORMATION: (LES Withdrawal Request). 5 Id. at 2; see also 2020 Amendment to the Background Agreement Suspending the Antidumping Investigation on Uranium From the Russian On October 1, 2019, Commerce Federation, 85 FR 64112 (October 9, 2020) (2020 notified interested parties of the Amendment). opportunity to request an administrative 6 See LES Withdrawal Request at 2–3.
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DEPARTMENT OF COMMERCE individual, or received after the end of At its September 2020 meeting, the the comment period, may not be Pacific Fishery Management Council National Oceanic and Atmospheric considered by NMFS. All comments (Council) received twenty additional Administration received are a part of the public record applications for EFPs in time for review [RTID 0648–XA502] and will generally be posted for public and recommended that NMFS issue viewing on www.regulations.gov these EFPs to authorize use of DSBG Magnuson-Stevens Fishery without change. All personal identifying and/or DSLBG (see Table 1). Council Conservation and Management Act; information (e.g., name, address, etc.), recommendations can be found on the General Provisions for Domestic confidential business information, or September 2020 meeting Decision Fisheries; Application for Exempted otherwise sensitive information Document here, https:// Fishing Permit submitted voluntarily by the sender will www.pcouncil.org/documents/2020/09/ be publicly accessible. NMFS will AGENCY: National Marine Fisheries september-2020-decision-summary- accept anonymous comments (enter ‘‘N/ document.pdf/. Service (NMFS), National Oceanic and A’’ in the required fields if you wish to Atmospheric Administration (NOAA), remain anonymous). The Council reviewed twenty DSBG Commerce. EFP applications and recommended for ACTION: Notice; request for comments. FOR FURTHER INFORMATION CONTACT: issuance by NMFS nineteen of the Chris Fanning, NMFS, West Coast applications. The application that was SUMMARY: NMFS has determined that Region, 562–980–4198. not recommended was for three vessels twenty exempted fishing permit (EFP) SUPPLEMENTARY INFORMATION: DSBG to fish NSBG. Also, two applications applications warrant further fishing trials have occurred for the past consideration and is requesting public included NSBG in addition to other 10 years (2011–2015, research years; DSBG fishing, and the Council did not comment on the applications. All EFP 2015–2020, EFP years) in the U.S. West applicants request an exemption from a recommend the NSBG portions. Four Coast Exclusive Economic Zone (EEZ) applications in total proposed using single prohibition (the use of off California. The data collected from unauthorized gear to harvest highly NSBG, but the Council did not this fishing activity have demonstrated migratory species (HMS)) under the recommend additional NSBG EFPs until DSBG to achieve about a 95 percent Fishery Management Plan for U.S. West data from the one previously-approved marketable catch composition. Non- Coast Fisheries for Highly Migratory (September 2019) NSBG EFP becomes marketable catch rates have remained Species (HMS FMP) to test the effects available in 2021. The Council did low and all non-marketable catch were and efficacy of using deep-set buoy gear recommend that the previously- released alive. Due to DSBG being (DSBG), and/or deep-set linked buoy approved night fishing EFP be allowed actively tended, strikes are capable of gear (DSLBG), and/or night-set buoy to be fished on another vessel owned by being detected within minutes of a gear (NSBG) to harvest swordfish and the applicant (application 14 in the hooking on the line; as a result, all other HMS off of the U.S. West Coast. table below), but not on both vessels catches can be tended quickly, with DATES: simultaneously. Comments must be submitted in catch brought to the vessel in good writing by November 23, 2020. condition. To date, DSBG has had five At this time, NMFS is requesting ADDRESSES: You may submit comments interactions with protected species, four public comment on all twenty EFP on this document, identified by NOAA– Northern elephant seals and one applications NMFS will take the NMFS–2020–0135, by any of the loggerhead sea turtle, which were not Council’s comments into consideration following methods: along with public comments on whether • seriously injured and were released Electronic Submission: Submit all alive due to the quick strike detection of or not to issue these EFPs. If all electronic public comments via the the gear. Northern Elephant seals are applications were approved, the EFPs Federal e-Rulemaking Portal. Go to protected by the Marine Mammal would allow, in addition to EFPs www.regulations.gov/ Protection Act and loggerhead sea previously issued by NMFS, up to #!docketDetail;D=NOAA-NMFS-2020- turtles are protected by the Endangered twenty three vessels in total to fish, with 0135, click the ‘‘Comment Now!’’ icon, Species Act. fourteen vessels with DSBG only, four complete the required fields, and enter vessels with DSLBG, and five vessels or attach your comments. EFP DSLBG trials have produced similar with NSBG, throughout the duration of applications will be available under data to DSBG activities. Swordfish and Relevant Documents through the same other marketable species have each EFP, in the U.S. West Coast EEZ link. represented about 90 percent of the with permitted exemption from the • Mail: Attn: Chris Fanning, NMFS catch. Non-marketable species are prohibitions of the HMS FMP pertaining West Coast Region, 501 W. Ocean Blvd., released alive due to DSLBG quick to non-authorized gear types. Aside Suite 4200, Long Beach, CA 90802. strike detection and active gear tending. from the exemption described above, Include the identifier ‘‘NOAA–NMFS– To date, there have been no interactions vessels fishing under an EFP would be 2020–0135’’ in the comments. with protected species using DSLBG. subject to all other regulations • Email: [email protected]. One vessel began fishing with NSBG implemented in the HMS FMP, Instructions: Comments sent by any in 2020. Data from this gear type are not including measures to protect sea other method, to any other address or yet available. turtles, marine mammals, and seabirds.
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TABLE 1—SUMMARY OF DEEP-SET BUOY GEAR EXEMPTED FISHING PERMIT APPLICATIONS SUBMITTED FOR THE SEPTEMBER 2020 COUNCIL MEETING (https://www.pcouncil.org/documents/2020/08/e-2-attachment-1-summary-of-dsbg-efp-applications-received-for-the-september-2020-council- meeting.pdf/)
E.2 attachment Number No. Applicant name of vessels Fishing method Notes
2 ...... Athens, Tim ...... 1 DSLBG 3 ...... Dell, Kevin ...... 1 DSBG 4 ...... Dillman, Todd ...... 1 DSBG 5 ...... Eberhardt, James ...... 1 DSBG 6 ...... Fischer, Paul ...... 1 DSBG 7 ...... Ghio, Romolo ...... 1 DSLBG 8 ...... Haworth, Nick, Haworth, David ...... 3 NSBG Not recommended. 9 ...... Herman, Marc ...... 1 DSLBG 10 ...... Lebeck, Mark ...... 1 DSLBG, NSBG NSBG portion not recommended. 11 ...... Lorton, Arthur, Lorton, J. Anthon ...... 1 DSLBG 12 ...... Medland, Robert, Castenada, James, Clayton, Terry ..... 2 DSBG 13 ...... Pack, Troy, Fegerstedt, Ashley ...... 1 DSBG 14 ...... Perez, Nathan, Carson, Thomas ...... 1 NSBG Same vessel as #15. 15 ...... Perez, Nathan, Carson, Thomas ...... 1 DSBG Same vessel as #14. 16 ...... Saraspe, Andres, Saraspe, Charles ...... 2 DSBG 17 ...... Sidielnikov, Andrii ...... 1 DSBG 18 ...... Tharp, Nicolas ...... 1 DSBG 19 ...... Volaski, Andrew ...... 1 DSLBG 20 ...... Wallace, Miles ...... 1 DSBG, NSBG NSBG portion not recommended. 21 ...... Weiser, Steve ...... 1 DSBG Fishing Method DSBG—standard deep-set buoy gear, DSLBG—linked deep-set buoy gear, NSBG—night set buoy gear. DSLBG vessels can also use standard deep-set buoy gear.
NMFS will consider all public DEPARTMENT OF COMMERCE information (RFI) will inform NOAA as comments submitted in response to this it works with Federal agencies, Federal Register notice prior to issuance National Oceanic and Atmospheric appropriate Regional Fishery of any EFP. Additionally, NMFS has Administration Management Councils, and in analyzed the effects of issuing DSBG [RTID 0648–XA406] coordination with appropriate State and and DSLBG EFPs, and would analyze tribal governments to identify AOAs. issuing additional NSBG EFPs in Aquaculture Opportunity Areas DATES: Interested persons are invited to submit written comments on or before accordance with the National AGENCY: National Marine Fisheries December 22, 2020. Environmental Policy Act and NOAA’s Service (NMFS), National Oceanic and Four webinar-based listening sessions Administrative Order 216–6, as well as Atmospheric Administration (NOAA), are scheduled. Each will focus on a for compliance with other applicable Commerce. specific region or national comments, laws, including Section 7(a)(2) of the ACTION: Notice; request for information. Endangered Species Act (16 U.S.C. 1531 but comments on each topic will be et seq.), which requires the agency to SUMMARY: On May 7, 2020, the White accepted at all meetings: consider whether the proposed action is House issued an Executive Order (E.O.) 1. November 5, 2020, 6 p.m. to 8 p.m. likely to jeopardize the continued on Promoting American Seafood Eastern: National listening session. existence and recovery of any Competitiveness and Economic Growth, 2. November 12, 2020, 9 a.m. to 11 endangered or threatened species or which requires the Secretary of a.m. Pacific: Southern California listening session. result in the destruction or adverse Commerce to identify geographic areas 3. November 17, 2020, 1 p.m. to 3 modification of critical habitat. containing locations suitable for commercial aquaculture, and complete a p.m. Eastern: Gulf of Mexico listening Authority: 16 U.S.C. 1801 et seq. National Environmental Policy Act session. Dated: October 16, 2020. (NEPA) Programmatic Environmental 4. November 19, 2020, 1 p.m. to 3 p.m. Eastern: National listening session. Jennifer M. Wallace, Impact Statement (PEIS) for each area to ADDRESSES: Acting Director, Office of Sustainable assess the impact of siting aquaculture You may submit comments, Fisheries, National Marine Fisheries Service. facilities there. NOAA requests that identified by NOAA–NMFS–2020–0118, interested parties provide relevant by the following method: [FR Doc. 2020–23537 Filed 10–22–20; 8:45 am] information on the identification of Electronic Submission: Submit all BILLING CODE 3510–22–P areas within Federal waters of the Gulf electronic public comments via the of Mexico and off Southern California, Federal e-Rulemaking Portal. Go to south of Point Conception, for the first www.regulations.gov/ two Aquaculture Opportunity Areas #!docketDetail;D=NOAA-NMFS-2020- (AOA) and on what areas NOAA should 0118, click the ‘‘Comment Now!’’ icon, consider nationally for future AOAs. complete the required fields, and enter Please respond to the questions listed in or attach your comments. the SUPPLEMENTARY INFORMATION section, Webinar links: Links and toll-free as appropriate. The public input phone numbers for each webinar can be provided in response to this request for found at: https://
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www.fisheries.noaa.gov/aquaculture- area to assess the impact of siting geographic areas that will be considered opportunity-areas. aquaculture facilities there; in more depth through the PEIS. Public Instructions: Comments sent by any 3. For each of the following 4 years, input on identification of geographic other method, to any other address or identify two additional geographic areas areas will be gathered through this RFI; individual, or received after the end of containing locations suitable for additional opportunities for input will the comment period, may not be commercial aquaculture and complete a be provided during the PEIS process for considered by NMFS. All comments PEIS for each within 2 years. each area. received are a part of the public record These geographic areas will be and will generally be posted for public referred to as AOAs once the PEIS is NOAA may use the information viewing on www.regulations.gov complete. Identifying AOAs is an received through this RFI in the NEPA without change. All personal identifying opportunity to use the best available PEIS process. The information could information (e.g., name, address, etc.), science on sustainable aquaculture inform the development of potential confidential business information, or management, and support the ‘‘triple NEPA alternatives, such as different otherwise sensitive information bottom line’’ of environmental, locations, different aquaculture types in submitted voluntarily by the sender will economic, and social sustainability. each location (e.g., finfish in one be publicly accessible. NMFS will This approach has been refined and location, shellfish in another location), accept anonymous comments (enter utilized widely within states and by and different configurations of farm ‘‘N/A’’ in the required fields if you wish other countries with robust, sustainable locations and aquaculture types. NOAA to remain anonymous). aquaculture sectors. The 3-year process expects to publish a notice of intent Please note that the U.S. Government to identify and complete a PEIS for each (NOI) to prepare a PEIS for each of the will not pay for response preparation, or AOA will result in the identification of first two AOAs in the Gulf of Mexico for the use of any information contained a geographic area that, through scientific and Southern California after in the response. analysis and public engagement, is identifying at least two geographic areas If you are unable to provide electronic determined to be environmentally, containing locations suitable for comments, please contact: Kristy Beard, socially, and economically suitable for 301–427–8333 or aquaculture. The areas identified as commercial aquaculture. Public notices [email protected]. AOAs will have characteristics that are announcing the NOI and announcing FOR FURTHER INFORMATION CONTACT: expected to be able to support multiple the availability of a draft PEIS will Kristy Beard, 301–427–8333 or aquaculture farm sites of varying types, provide future opportunities for public [email protected]. but all portions of the AOA may not be comment on the first two AOAs. SUPPLEMENTARY INFORMATION: On May 7, appropriate for aquaculture or for all NOAA is also requesting public input 2020, the President signed a new E.O. types of aquaculture. Through spatial on what areas should be considered on Promoting American Seafood modeling, NOAA expects to identify nationally for future AOAs. NOAA will Competitiveness and Economic Growth areas that may support approximately use the information received from this (E.O. 13921). The E.O. calls for the three to five aquaculture operations in RFI to help determine where to focus expansion of sustainable U.S. seafood each of the first two AOAs. The most efforts for future AOAs. NOAA expects production. NOAA also has directives to suitable locations for aquaculture to continue providing opportunities for operations within an AOA would be promote sustainable aquaculture in the public comment until all 10 AOAs have considered through the PEIS, and U.S. through the National Aquaculture been identified over the next 5 years. Act of 1980 and the NOAA Marine locations for individual operations Aquaculture Policy. NOAA has a variety would be considered during the Aquaculture operations proposed of proven science-based tools and required permitting process and within an AOA would have the same strategies that can support these associated environmental consultations. Federal and state permitting and directives and help communities To identify the first two geographic authorization requirements as anywhere thoughtfully consider how and where to areas containing locations suitable for else and would be required to comply sustainably develop offshore commercial aquaculture within one year with all applicable Federal and state aquaculture that will complement wild- of the Executive Order, NOAA will laws and regulations. Site-specific capture fisheries, working waterfronts, focus on Federal waters of the Gulf of environmental surveys may be required and our nation’s seafood processing and Mexico and Southern California, south for the permitting process. Additional distribution infrastructure. of Point Conception, because there is NEPA analysis beyond the PEIS for the Section 7 of the E.O. directs the existing spatial analysis data and AOA(s) may be necessary as a part of current industry interest in developing Secretary of Commerce to identify permitting and authorization processes AOAs in consultation with the Secretary sustainable aquaculture operations in these regions. NOAA will further for individual operations. NOAA will of Defense, the Secretary of the Interior, work with the Federal agencies the Secretary of Agriculture, the narrow those areas using a combination responsible for permitting offshore Secretary of Homeland Security, the of spatial mapping approaches, aquaculture (e.g., the U.S. Army Corps Administrator of the Environmental scientific review, and public input. Protection Agency, other appropriate NOAA’s National Centers for Coastal of Engineers and the Environmental Federal officials, and appropriate Ocean Science will use the best Protection Agency) throughout the AOA Regional Fishery Management Councils, available data to account for key identification process to identify and in coordination with appropriate environmental, economic, social, and information NOAA can include in the State and tribal governments. This cultural considerations to identify areas PEIS to help inform future permitting includes: that may support sustainable needs. 1. Within 1 year of the E.O., identify aquaculture development. NOAA will Additional information on AOAs, at least two geographic areas containing then combine those results with input including frequently asked questions, is locations suitable for commercial from other Federal agencies, Fishery available on NOAA’s website at: https:// aquaculture; Management Councils, Marine Fisheries www.fisheries.noaa.gov/insight/ 2. Within 2 years of identifying each Commissions, states and tribes, and the aquaculture-opportunity-areas. area, complete a NEPA PEIS for each general public to identify the first two
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Questions To Inform the Identification Gulf of Mexico or Southern California Input Requested To Inform the of the First Two AOAs, in the Gulf of that should be considered for AOAs? Identification of Future AOAs, Mexico and Southern California, and Are there specific locations that should Nationally Locations for Future AOAs, Nationally be avoided? Please be as specific as 7. What regions of the country should Through this RFI, NOAA (we) seeks possible and include latitude and be considered for future AOAs? written public input on the longitude or defining landmarks. Please a. New England (Maine through identification of the first two AOAs. indicate why such areas should be Connecticut) NOAA announced in August 2020 that considered or avoided, for example, b. Mid-Atlantic (New York through the first two AOAs would be in Federal favorable biological parameters, water Virginia) waters (i.e., U.S. Exclusive Economic quality (e.g., nutrients or other c. South Atlantic (North Carolina Zone) of the Gulf of Mexico and constituents that might make an area through east coast Florida) Southern California; the comments favorable), proximity to infrastructure d. U.S. Caribbean (Puerto Rico and U.S. received through this RFI will help us (e.g., ports, processing plants, hatcheries Virgin Islands) identify specific locations within those or nurseries that could supply e. Gulf of Mexico (west coast Florida regions which we will consider in more fingerlings for grow-out), relationship to through Texas) depth through the PEIS process. There other planned initiatives, etc. f. Alaska will be additional opportunities for 3. Are there specific locations within g. Washington through California public comment during the PEIS Federal waters of the Gulf of Mexico or h. Hawai’i, American Samoa, Guam, the process. Southern California where the presence Commonwealth of the Northern We also seek public input on what of aquaculture gear may overlap with Mariana Islands, and U.S. Pacific regions of the country should be areas utilized by protected species (e.g., Remote Island Areas considered as we go through the process large whales, sea turtles, dolphins, etc.)? 8. Are there specific locations within to identify two more geographic areas 4. Are there specific locations within those regions identified in response to per year, for a total of 10 by 2025. Federal waters of the Gulf of Mexico or #7 that should be considered for future When providing input, please specify: Southern California that should be AOAs? Please be as specific as possible • The question number(s) you are avoided because of concerns about and include latitude and longitude or responding to; harmful algal blooms (HABs) or defining landmarks. Please indicate why • Whether your comments apply to impaired water quality? Please specify these areas are of interest, including the Gulf of Mexico, Southern California, whether these concerns are related to: favorable biological parameters, water or other U.S. regions/areas; and (a) Aquaculture activities being quality (e.g., nutrients or other • Whether your comments apply to impacted by HABs and impaired water constituents that might make an area specific type(s) of offshore aquaculture quality, or (b) aquaculture activities favorable), proximity to infrastructure (finfish, macroalgae, shellfish, or a contributing to HABs and impaired (e.g., ports, processing plants, hatcheries combination of species). water quality? or nurseries that could supply fingerlings for grow-out), relationship to Input Requested To Inform the 5. Is there ongoing environmental, other planned initiatives, etc. Identification of AOAs in Federal economic, or social science research 9. Within those regions identified in Waters of the Gulf of Mexico and that would assist in the identification response to #7, what resource use Southern California and implementation of AOAs in Federal waters of the Gulf of Mexico or conflicts should we consider as we 1. With input from industry and based Southern California? If so, please identify future AOAs? Please describe on previous permit applications, we describe in as much detail as is specific considerations that might make have identified the water depths and available. an area unfavorable, including ongoing maximum distances from shore (see a. or planned activities or ocean uses. 6. Is there information that may not be and b. below) that we expect to support 10. Is there ongoing environmental, readily available or accessible online aquaculture within Federal waters (i.e., economic, or social science research that would be useful for AOA planning U.S. Exclusive Economic Zone) of the that would assist in the identification processes in Federal waters of the Gulf Gulf of Mexico and Southern California and implementation of future AOAs? If of Mexico and Southern California? This as starting points for the process of so, please describe in as much detail as includes spatial data or geographic identifying AOAs. Are there types of is available. information system (GIS) layers offshore aquaculture that these areas 11. We are soliciting information on representing environmental and may or may not support, or are there siting requirements for aquaculture socioeconomic considerations, or a other water depths and maximum operations to inform spatial analysis for point of contact for these data, for the distances from shore that should be future AOAs. For the region(s) following categories: considered, and why? identified in response to #7, please a. In the Gulf of Mexico, we are —Biophysical/oceanographic (wave provide: looking at areas that: climate, currents, bathymetry) a. Minimum and maximum depth i. Are within the depth range of 50 to —Natural resources (minerals, energy needed to operate aquaculture farms. 150 meters. resources, fishes and aquatic b. Minimum and maximum current ii. Do not have a specified maximum organisms, protected species and conditions that could impact farm distance from shore. habitats, coral reefs, biodiversity) operation. b. In Southern California, we are —Social and cultural resources c. Minimum and maximum wave looking at areas that: —Government boundaries climate that could impact farm i. Are within the depth range of 10 to operation. 150 meters. —Industry (fishing, energy production, d. Proximity to shore. ii. Are a maximum distance of 25 transportation, communication 12. If states express interest in nautical miles from shore. cables) developing offshore aquaculture, should 2. Are there specific locations or —Military we also consider state waters as areas habitats within Federal waters of the —Navigation for future AOAs?
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(Authority: E.O. 13921) Attorney Advisor, United States Patent of a mark. By accessing the USPTO’s Dated: October 19, 2020. and Trademark Office, P.O. Box 1450, information, parties may reduce the Danielle Blacklock, Alexandria, VA 22313–1450; by possibility of initiating use of a mark Director, Office of Aquaculture, National telephone at 571–272–8946; or by email previously adopted by another. The Marine Fisheries Service, National Oceanic to [email protected] with Federal trademark registration process and Atmospheric Administration. ‘‘0651–0054 comment’’ in the subject may thereby reduce the number of [FR Doc. 2020–23487 Filed 10–22–20; 8:45 am] line. Additional information about this filings between both litigating parties information collection is also available and the courts. BILLING CODE 3510–22–P at http://www.reginfo.gov under II. Method of Collection ‘‘Information Collection Review.’’ DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Items in this information collection must be submitted via online electronic Patent and Trademark Office I. Abstract submissions. In limited circumstances, The United States Patent and applicants may be permitted to submit Agency Information Collection Trademark Office (USPTO) administers the information in paper form by mail, Activities; Submission to the Office of the Trademark Act, 15 U.S.C. 1051 et fax, or hand delivery. Management and Budget (OMB) for seq., which provides for the Federal III. Data Review and Approval; Comments registration of trademarks, service Request; Substantive Submissions marks, collective trademarks and service OMB Control Number: 0651–0054. Made During Prosecution of the marks, collective membership marks, Forms: (PTO = Patent and Trademark Trademark Application and certification marks. Individuals and Office) businesses that use or intend to use • AGENCY: United States Patent and PTO Form 1553 (Trademark/Service such marks in commerce may file an Trademark Office, Department of Mark Allegation of Use (Statement of application to register their mark with Commerce. Use/Amendment to Allege Use)) the USPTO. Such individuals and • PTO Form 1581 (Request for ACTION: Notice of information collection; businesses may also submit various request for comment. Extension of Time to File a Statement communications to the USPTO during of Use) SUMMARY: The United States Patent and the prosecution of an application. • PTO Form 2194 (Petition to Revive Trademark Office (USPTO), in This information collection covers the Abandoned Application—Failure to accordance with the Paperwork various communications that may be Respond Timely to Office Action) Reduction Act of 1995, invites submitted by the applicant, including • PTO Form 2195 (Petition to Revive comments on the extension and revision providing additional information Abandoned Application—Failure to of an existing information collection: needed to process a request to delete a File Timely Statement of Use or 0651–0054 (Substantive Submissions particular filing basis from an Extension Request) Made During Prosecution of the application or to divide an application • PTO Form 2200 (Request to Delete Trademark Application). The purpose of identifying multiple goods and/or Section 1(b) Basis, Intent to Use) services into two or more separate this notice is to allow 60 days for public • PTO Form 2202 (Request for Express applications. This information comment preceding submission of the Abandonment (Withdrawal) of collection also covers requests for a 6- information collection to OMB. Application) month extension of time to file a • PTO Form 2301 (Petition to Director) DATES: To ensure consideration, statement that the mark is in use in comments regarding this information commerce or petitions to revive an Type of Review: Revision of a collection must be received on or before application that abandoned for failure to currently approved information December 22, 2020. submit a timely response to an office collection. ADDRESSES: Interested persons are action or a timely statement of use or Affected Public: Private sector; invited to submit written comments by extension request. This information individuals or households. any of the following methods. Do not collection also covers circumstances in Estimated Number of Respondents: submit Confidential Business which an applicant may expressly 333,582 respondents per year. Information or otherwise sensitive or abandon an application by filing a Estimated Number of Responses: protected information. written request for withdrawal of the 333,582 responses per year. • Email: InformationCollection@ application. Estimated Time per Response: The uspto.gov. Include ‘‘0651–0054 The regulations implementing the Act USPTO estimates that it will take the comment’’ in the subject line of the are set forth in 37 CFR part 2. These public from approximately 27 minutes message. regulations mandate that each register (0.5 hours) to 65 minutes (1.1 hours) to • Federal Rulemaking Portal: http:// entry include the mark, the goods and/ complete a response, depending on the www.regulations.gov. or services in connection with which complexity of the situation. This • Mail: Kimberly Hardy, Office of the the mark is used, ownership includes the time to gather the Chief Administrative Officer, United information, dates of use, and certain necessary information, prepare the States Patent and Trademark Office, other information. The USPTO also appropriate documents, and submit the P.O. Box 1450, Alexandria, VA 22313– provides similar information concerning information to the USPTO. 1450. pending applications. The register and Estimated Total Annual Respondent FOR FURTHER INFORMATION CONTACT: pending application information may be Burden Hours: 208,219 hours. Requests for additional information accessed by an individual or by Estimated Total Annual Respondent should be directed to Catherine Cain, businesses to determine the availability (Hourly) Cost Burden: $83,287,600.
1 2019 Report of the Economic Survey, published Association (AIPLA); https://www.aipla.org/detail/ The USPTO uses the mean rate for attorneys in by the Committee on Economics of Legal Practice journal-issue/2019-report-of-the-economic-survey. private firms which is $400 per hour. of the American Intellectual Property Law
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TABLE 1—BURDEN HOUR/BURDEN COST TO RESPONDENTS [Private sector]
Estimated Estimated Estimated Estimated Estimated 1 Item No. Item annual annual time for annual Rate annual responses response burden ($/hour) burden respondents (year) (hours) (hour/year)
(a) (b) (a) × (b) = c (d) (c) × (d) = e
1 ...... Trademark/Service Mark Allegation of 70,451 70,451 0.9 (55 minutes) ...... 63,406 $400 $25,362,400 Use (Amendment to Allege Use/State- ment of Use) (PTO Form 1553). 2 ...... Request for Extension of Time to File a 172,942 172,942 0.5 (27 minutes) ...... 86,471 400 34,588,400 Statement of Use (PTO Form 1581). 3 ...... Petition to Revive Abandoned Applica- 12,924 12,924 0.9 (55 minutes) ...... 11,632 400 4,652,800 tion—Failure to Respond Timely to Office Action (PTO Form 2194). 4 ...... Petition to Revive Abandoned Applica- 667 667 0.6 (35 minutes) ...... 400 400 160,000 tion—Failure to File Timely Statement of Use or Extension Request (PTO Form 2195). 5 ...... Request to Delete Section 1(b) Basis, 1,400 1,400 0.4 (25 minutes) ...... 560 400 224,000 Intent to Use (PTO Form 2200). 6 ...... Request for Express Abandonment 5,600 5,600 0.4 (25 minutes) ...... 2,240 400 896,000 (Withdrawal) of Application (PTO Form 2202). 7 ...... Request to Divide Application ...... 2,400 2,400 0.6 (35 minutes) ...... 1,440 400 576,000 8 ...... Response to Intent-to-Use (ITU) Divi- 2 2 1.1 (65 minutes) ...... 2 400 800 sional Unit Office Action. 9 ...... Response to Petition to Revive Defi- 240 240 0.8 (45 minutes) ...... 192 400 76,800 ciency Letter. 10 ...... Petition to the Director (PTO Form 160 160 0.9 (55 minutes) ...... 144 400 57,600 2301). 11 ...... Petition to Revive with Request to De- 80 80 1.1 (65 minutes) ...... 88 400 35,200 lete Section 1(b) Basis or to Delete ITU Goods/Services/Collective Mem- bership Organization After NOA.
Total ...... 266,866 266,866 ...... 166,575 ...... 66,630,000
TABLE 2—BURDEN HOUR/BURDEN COST TO RESPONDENTS [Individuals or households]
Estimated Estimated Estimated Estimated Estimated 2 Item No. Item annual annual time for annual Rate annual responses response burden ($/hour) burden respondents (year) (hours) (hour/year)
(a) (b) (a) × (b) = c (d) (c) × (d) = e
1 ...... Trademark/Service Mark Allegation of 17,613 17,613 0.9 (55 minutes) ...... 15,852 $400 $6,340,800 Use (Amendment to Allege Use/State- ment of Use) (PTO Form 1553). 2 ...... Request for Extension of Time to File a 43,235 43,235 0.5 (27 minutes) ...... 21,618 400 8,647,200 Statement of Use (PTO Form 1581). 3 ...... Petition to Revive Abandoned Applica- 3,231 3,231 0.9 (55 minutes) ...... 2,908 400 1,163,200 tion—Failure to Respond Timely to Office Action (PTO Form 2194). 4 ...... Petition to Revive Abandoned Applica- 167 167 0.6 (35 minutes) ...... 100 400 40,000 tion—Failure to File Timely Statement of Use or Extension Request (PTO Form 2195). 5 ...... Request to Delete Section 1(b) Basis, 350 350 0.4 (25 minutes) ...... 140 400 56,000 Intent to Use (PTO Form 2200). 6 ...... Request for Express Abandonment 1,400 1,400 0.4 (25 minutes) ...... 560 400 224,000 (Withdrawal) of Application (PTO Form 2202). 7 ...... Request to Divide Application ...... 600 600 0.6 (35 minutes) ...... 360 400 144,000 9 ...... Response to Petition to Revive Defi- 60 60 0.8 (45 minutes) ...... 48 400 19,200 ciency Letter. 10 ...... Petition to the Director (PTO Form 40 40 0.9 (55 minutes) ...... 36 400 14,400 2301). 11 ...... Petition to Revive with Request to De- 20 20 1.1 (65 minutes) ...... 22 400 8,800 lete Section 1(b) Basis or to Delete ITU; Goods/Services/Collective Mem- bership Organization After NOA.
Total ...... 66,716 66,716 ...... 41,644 ...... 16,657,600
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Estimated Total Annual (Non-Hour) maintenance, or recordkeeping costs collection does have annual (non-hour) Respondent Cost Burden: $37,867,690. associated with this information cost burden in the form of postage costs There are no capital start-up, collection. However, this information and filing fees.
TABLE 3—FILING FEES—NON-HOUR COST BURDEN
Estimated Estimated Item No. Item annual Estimated non-hour responses fee amount cost burden
(a) (b) (a) × (b)
1 ...... Trademark/Service Mark Allegation of Use (Amendment to Allege Use/State- 27 $200 $5,400 ment of Use) (Paper). 1 ...... Trademark/Service Mark Allegation of Use (Amendment to Allege Use/State- 88,037 100 8,803,700 ment of Use) (TEAS). 2 ...... Request for Extension of Time to File a Statement of Use (Paper) ...... 59 225 13,275 2 ...... Request for Extension of Time to File a Statement of Use (TEAS) ...... 216,118 125 27,014,750 3 ...... Petition to Revive Abandoned Application—Failure to Respond Timely to Office 5 200 1,000 Action (Paper). 3 ...... Petition to Revive Abandoned Application—Failure to Respond Timely to Office 16,150 100 1,615,000 Action (TEAS). 4 ...... Petition to Revive Abandoned Application—Failure to File Timely Statement of 1 200 200 Use or Extension Request (Paper). 4 ...... Petition to Revive Abandoned Application—Failure to File Timely Statement of 833 100 83,300 Use or Extension Request (TEAS). 7 ...... Request to Divide Application (Paper) ...... 1 200 200 7 ...... Request to Divide Application (TEAS Global) ...... 2,999 100 299,900 10 ...... Petition to the Director (Paper) ...... 1 200 200 10 ...... Petition to the Director (TEAS) ...... 199 100 19,900 11 ...... Petition to Revive With Request to Delete Section 1(b) Basis or to Delete ITU 1 200 200 Goods/Services/Collective Membership Organization After NOA (Paper). 11 ...... Petition to Revive With Request to Delete Section 1(b) Basis or to Delete ITU 99 100 9,900 Goods/Services/Collective Membership Organization After NOA (TEAS Glob- al).
Total ...... 37,866,925
The filing fees for several items in this IV. Request for Comments summarize each comment in the request information collection are charged per The USPTO is soliciting public to OMB to approve this information class of goods and/or services; therefore, comments to: collection. Before including an address, the filing fees will vary for each (a) Evaluate whether the proposed phone number, email address, or other respondent depending on the number of collection of information is necessary personal identifying information in a classes. The total filing fees of for the proper performance of the comment, be aware that the entire $37,866,925 shown here are based on functions of the Agency, including comment—including personal the minimum fee of one class for those whether the information will have identifying information—may be made items for which a fee is required. practical utility; publicly available at any time. While Although the USPTO prefers that the (b) Evaluate the accuracy of the you may ask in your comment to items in this information collection be Agency’s estimate of the burden of the withhold personal identifying submitted electronically, the items may, proposed collection of information, information from public view, USPTO in limited situations, be submitted by including the validity of the cannot guarantee that it will be able to mail through the United States Postal methodology and assumptions used; do so. Service (USPS). The USPTO estimates (c) Enhance the quality, utility, and that the average postage cost for a clarity of the information to be Kimberly Hardy, mailed submission, using a Priority Mail collected; and Information Collections Officer, Office of the 2-day flat rate legal envelope, will be (d) Minimize the burden of the Chief Administrative Officer, United States $8.05. The USPTO estimates that with a collection of information on those who Patent and Trademark Office. total of 95 permitted paper submissions, are to respond, including through the [FR Doc. 2020–23528 Filed 10–22–20; 8:45 am] the postage costs in this information use of appropriate automated, BILLING CODE 3510–16–P collection will be $765. electronic, mechanical, or other The USPTO estimates that the total technological collection techniques or annual (non-hour) respondent cost other forms of information technology, burden for this information collection, e.g., permitting electronic submission of in the form of postage costs and filing responses. fees is $37,867,690 per year. All comments submitted in response Respondent’s Obligation: Required to to this notice are a matter of public obtain or retain benefits. record. USPTO will include or
2 2019 Report of the Economic Survey, published Association (AIPLA); https://www.aipla.org/detail/ The USPTO uses the mean rate for attorneys in by the Committee on Economics of Legal Practice journal-issue/2019-report-of-the-economic-survey. private firms which is $400 per hour. of the American Intellectual Property Law
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DEPARTMENT OF COMMERCE should be directed to the attention of information collected, the MHM system LaRita Jones, Chief of the Workforce creates an electronic real-time candidate Patent and Trademark Office Employment Division, Office of Human inventory on applicants’ expertise and Resources, United States Patent and technical knowledge, which allows Agency Information Collection Trademark Office, P.O. Box 1450, USPTO to immediately review Activities; Submission to the Office of Alexandria, VA 22313–1450; by applications from multiple applicants. Management and Budget (OMB) for telephone at 571–272–6196; or by email The use of the MHM online Review and Approval; Comment to [email protected]. Additional application fully complies with 5 U.S.C. Request; Patent Examiner Employment information about this information 2301, which requires adequate public Application collection is also available at http:// notice to assure open competition by AGENCY: United States Patent and www.reginfo.gov under ‘‘Information guaranteeing that necessary Trademark Office, Department of Collection Review.’’ employment information will be Commerce. SUPPLEMENTARY INFORMATION: accessible and available to the public on inquiry. It is also fully compliant with ACTION: Notice of information collection; I. Abstract request for comment. Section 508 (29 U.S.C. 794(d)), which USPTO engages in a robust marketing requires agencies to provide disabled SUMMARY: The United States Patent and strategy that historically results in a employees and members of the public Trademark Office (USPTO), in high volume of applications from recent access to information that is comparable accordance with the Paperwork college graduates with engineering and to the access available to others. Reduction Act of 1995, invites science degrees for entry-level patent II. Method of Collection comments on the extension and revision examiner positions. In FY2020, USPTO of an existing information collection: received 7,361 applications and Items in this information collection 0651–0042 (Patent Examiner ultimately hired 597 new patent must be submitted via online electronic Employment Application). The purpose examiners. submissions. of this notice is to allow 60 days for USPTO uses the Monster Hiring III. Data public comment preceding submission Management (MHM) system to rapidly of the information collection to OMB. review applications for employment of OMB Control Number: 0651–0042. DATES: To ensure consideration, entry-level patent examiners. The use of Forms: None. comments regarding this information such automated online systems during Type of Review: Revision of a collection must be received on or before recruitment allows USPTO to remain currently approved information December 22, 2020. competitive, meet hiring goals, and collection. ADDRESSES: Interested persons are fulfill the Agency’s Congressional Affected Public: Individuals or invited to submit written comments by commitment to reduce the pendency households. any of the following methods. Do not rate for the examination of patent Estimated Number of Respondents: submit Confidential Business applications. Given the time sensitive 8,386 respondents per year. Information or otherwise sensitive or hiring needs of the Patent Examining Estimated Number of Responses: protected information: Corps, the MHM system provides 8,386 responses per year. • Email: InformationCollection@ increased speed and accuracy during Estimated Time per Response: The uspto.gov. Include ‘‘0651–0042 the employment process. USPTO estimates that it will take the comment’’ in the subject line of the This information collection covers public approximately 30 minutes (0.5 message. respondent data gathered through the hours) to complete the Patent Examiner • Federal Rulemaking Portal: http:// MHM system. The MHM online Application Questions. This includes www.regulations.gov. application collects supplemental the time to gather the necessary • Mail: Kimberly Hardy, Office of the information to a candidate’s USAJOBS information, respond to the MHM Chief Administrative Officer, United application. This information assists system prompts, and submit the States Patent and Trademark Office, USPTO Human Resource Specialists completed request to the USPTO. P.O. Box 1450, Alexandria, VA 22313– and Hiring Managers in determining Estimated Total Annual Respondent 1450. whether an applicant possesses the Burden Hours: 4,193 hours. FOR FURTHER INFORMATION CONTACT: basic qualification requirements for a Estimated Total Annual Respondent Request for additional information patent examiner position. From the Hourly Cost Burden: $115,056. TABLE 1—TOTAL HOURLY BURDEN FOR RESPONDENTS
Estimated Estimated Estimated Estimated Estimated annual time for annual Rate 1 Item No. Item annual responses response burden ($/hour) annual respondents (year) (hour) (hour/year) burden
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
1 ...... Patent Examiner Application Questions ... 8,386 8,386 0.5 (30 minutes) ...... 4,193 $27.44 $115,056
Total ...... 8,386 8,386 ...... 4,193 ...... 115,056
Estimated Total Annual Non-Hour no filing fees or start-up, maintenance, associated with this information Respondent Cost Burden: $0. There are recordkeeping, or postage costs collection. IV. Request for Comments 1 USPTO is using the OPM Special Rate Table the hourly rate: https://apps.opm.gov/SpecialRates/ The USPTO is soliciting public 0576—Patent Examiner 07–Step 1 as an estimate for 2020/Table057601012020.aspx. comments to:
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(a) Evaluate whether the proposed DATES: Comments must be received on Deletions collection of information is necessary or before: November 22, 2020. The following product(s) and for the proper performance of the ADDRESSES: Committee for Purchase service(s) are proposed for deletion from functions of the Agency, including From People Who Are Blind or Severely the Procurement List: whether the information shall have Disabled, 1401 S Clark Street, Suite 715, practical utility; Product(s) (b) Evaluate the accuracy of the Arlington, Virginia 22202–4149. NSN(s)—Product Name(s): Agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: For 6505–01–121–2336—Sunscreen, Lotion, proposed collection of further information or to submit SPF–15 Mandatory Source of Supply: SMA information,including the validity of the comments contact: Michael R. methodology and assuptions used; Healthcare, Inc., Daytona Beach, FL Jurkowski, Telephone: (703) 603–2117, Contracting Activity: DLA TROOP SUPPORT, (c) Enhance the quality, utility, and Fax: (703) 603–0655, or email PHILADELPHIA, PA clarity of the information to be [email protected]. collected; and Service(s) (d) Minimize the burden of the SUPPLEMENTARY INFORMATION: This Service Type: Janitorial/Custodial collection of information on those who notice is published pursuant to 41 Mandatory for: U.S. Federal Building: 88 are to respond, including through the U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its West 100 North, Provo, UT use of appropriate automated, purpose is to provide interested persons Contracting Activity: GENERAL SERVICES electronic, mechanical, or other an opportunity to submit comments on ADMINISTRATION, FPDS AGENCY COORDINATOR technological collection techniques or the proposed actions. other forms of information technology, Service Type: Food Service Attendant Additions Mandatory for: Air National Guard, 179AW, e.g., permitting electronic submission of Ohio Air National Guard Base, responses. If the Committee approves the Mansfield, OH All comments submitted in response proposed additions, the entities of the Mandatory Source of Supply: The Center for to this notice are a matter of public Federal Government identified in this Individual and Family Services, record. USPTO will include or notice will be required to procure the Mansfield, OH summarize each comment in the request product(s) and service(s) listed below Contracting Activity: DEPT OF THE ARMY, to OMB to approve this information from nonprofit agencies employing W7NU USPFO ACTIVITY OH ARNG collection. Before including an address, persons who are blind or have other Service Type: Custodial Services Mandatory for: USDA, #257 Aduana Street, phone number, email address, or other severe disabilities. personal identifying information in a Mayaguez, PR The following product(s) and Mandatory Source of Supply: The Corporate comment, be aware that the entire service(s) are proposed for addition to Source, Inc., Garden City, NY comment—including personal the Procurement List for production by Contracting Activity: ANIMAL AND PLANT identifying information—may be made the nonprofit agencies listed: HEALTH INSPECTION SERVICE, USDA publicly available at any time. While APHIS MRPBS you may ask in your comment to Product(s) Service Type: Custodial Services withhold personal identifying NSN(s)—Product Name(s): Mandatory for: USDA, Eugenio Maria de information from public view, USPTO 5340–00–NIB–0378—Doorstop, No-Slip, Hostos International Airport: Main cannot guarantee that it will be able to Wedge Style, Rubber, Large, Brown Terminal Building Mayaguez Airport, do so. 5340–00–NIB–0379—Doorstop, No-Slip, Mayaguez, PR Wedge Style, Rubber, Large, Brown, 2 PK Mandatory Source of Supply: The Corporate Kimberly Hardy, 5340–00–NIB–0380—Doorstop, No-Slip, Source, Inc., Garden City, NY Information Collections Officer, Office of the Wedge Style, Rubber, Extra Large, Brown Contracting Activity: ANIMAL AND PLANT Chief Administrative Officer, United States 5340–00–NIB–0381—Doorstop, No-Slip, HEALTH INSPECTION SERVICE, USDA APHIS MRPBS Patent and Trademark Office. Wedge Style, Rubber, Extra Large, Service Type: Janitorial/Custodial [FR Doc. 2020–23521 Filed 10–22–20; 8:45 am] Brown, 2 PK 5340–00–NIB–0382—Doorstop, Heavy Mandatory for: DOT Murphy Building: BILLING CODE 3510–16–P Duty, Wedge Style, Magnetic, Rubber, Bradley International Airport, Floors 2, 3 Extra Large, Yellow & 4, Windsor Locks, CT Mandatory Source of Supply: North Central Contracting Activity: TRANSPORTATION, COMMITTEE FOR PURCHASE FROM Sight Services, Inc., Williamsport, PA DEPARTMENT OF, DEPT OF TRANS PEOPLE WHO ARE BLIND OR Mandatory For: Total Government Service Type: Janitorial/Custodial SEVERELY DISABLED Requirement Mandatory for: U.S. Army Reserve Center: Contracting Activity: FEDERAL Fort Dix Procurement List; Proposed Additions ACQUISITION SERVICE, GSA/FSS Mandatory Source of Supply: Occupational and Deletions GREATER SOUTHWEST ACQUISITI Training Center of Burlington County, Burlington, NJ AGENCY: Committee for Purchase From Service(s) Contracting Activity: DEPT OF THE ARMY, People Who Are Blind or Severely Service Type: Custodial Service W6QM MICC CTR–FT DIX (RC) Disabled. Mandatory for: US Air Force, Cannon Air Service Type: Janitorial & Grounds Service Force Base, NM ACTION: Proposed additions to and Mandatory for: GSA PBS Region 9, Alan Mandatory Source of Supply: ENMRSH, Inc., Bible Federal Building, Las Vegas, NV deletions from the Procurement List. Clovis, NM Mandatory Source of Supply: Opportunity Contracting Activity: DEPT OF THE AIR SUMMARY: The Committee is proposing Village Association for Retarded FORCE, FA4855 27 SOCONS LGC to add product(s) and service(s) to the Citizens, Las Vegas, NV Contracting Activity: PUBLIC BUILDINGS Procurement List that will be furnished Service Type: Custodial Service Mandatory for: US Air Force, Robins North SERVICE, PBS R9 by nonprofit agencies employing Complex, Macon, GA Service Type: Food Service Attendant persons who are blind or have other Mandatory Source of Supply: Good Mandatory for: Base Miami Beach, Miami severe disabilities, and deletes Vocations, Inc., Macon, GA Beach, FL product(s) and service(s) previously Contracting Activity: DEPT OF THE AIR Mandatory Source of Supply: Goodwill furnished by such agencies. FORCE, FA8571 AFSC PZIO MXW Industries of South Florida, Inc., Miami, FL
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Contracting Activity: U.S. COAST GUARD, The major factors considered for this XL; 8405–01–683–0225—Size 41–S; DOL–9 certification were: 8405–01–683–0229—Size 41–XL; 8405– Service Type: Data Entry/Data Base 1. The action will not result in any 01–683–0230—Size 42–S; 8405–01–683– Management additional reporting, recordkeeping or 0302—Size 42–XL; 8405–01–683–0263— Mandatory for: GSA, Paints and Chemicals other compliance requirements for small Size 43–S; 8405–01–683–0881—Size 44– Commodity Center: 400 15th Street, SW, S; 8405–01–683–0895—Size 45–R; 8405– entities other than the small 01–683–0906—Size 46–L; 8405–01–683– Auburn, WA organizations that will furnish the Mandatory Source of Supply: JobOne, 0904—Size 46–R; 8405–01–683–0908— Independence, MO product(s) to the Government. Size 46–XL; 8405–01–683–0695—Size Contracting Activity: PUBLIC BUILDINGS 2. The action will result in 30–R; 8405–01–683–0712—Size 31–R; SERVICE, PBS R6 authorizing small entities to furnish the 8405–01–683–0309—Size 32–R; 8405– product(s)) to the Government. 01–685–2484—Size 33–L; 8405–01–683– Michael R. Jurkowski, 3. There are no known regulatory 0089—Size 33–R; 8405–01–683–0259— Deputy Director, Business Operations. alternatives which would accomplish Size 34–L; 8405–01–683–0304—Size 34– R; 8405–01–683–0364—Size 34–XS; [FR Doc. 2020–23522 Filed 10–22–20; 8:45 am] the objectives of the Javits-Wagner- 8405–01–683–0315—Size 35–R; 8405– BILLING CODE 6353–01–P O’Day Act (41 U.S.C. 8501–8506) in 01–683–0352—Size 35–XL; 8405–01– connection with the product(s) 683–0353—Size 35–XS; 8405–01–683– proposed for addition to the 0344—Size 36–L; 8405–01–683–0371— COMMITTEE FOR PURCHASE FROM Procurement List. Size 36–R; 8405–01–683–0366—Size 36– PEOPLE WHO ARE BLIND OR XL; 8405–01–683–0224—Size 36–XS; SEVERELY DISABLED End of Certification 8405–01–683–0261—Size 37–L; 8405– Accordingly, the following product(s) 01–683–0349—Size 37–R; 8405–01–683– Procurement List; Additions are added to the Procurement List: 0369—Size 37–XL; 8405–01–683–0362— Size 37–XS; 8405–01–683–0266—Size AGENCY: Committee for Purchase From Product(s) 38–L; 8405–01–683–0239—Size 38–R; People Who Are Blind or Severely NSN(s)—Product Name(s): 8405–01–683–0241—Size 38–XL; 8405– Disabled. Coat, Dress, Army Green Service Uniform, 01–683–0339—Size 38–XS; 8405–01– ACTION: Additions to the Procurement Men’s, Athletic Fit, Heritage Green 683–0247—Size 39–L; 8405–01–683– List. 8405–01–683–0663—Size 40–L; 8405– 0237—Size 39–R; 8405–01–683–0258— 01–683–0646—Size 40–R; 8405–01–683– Size 39–XL; 8405–01–683–0299—Size SUMMARY: This action adds product(s) to 0668—Size 40–XL; 8405–01–683–0674— 39–XS; 8405–01–683–0330—Size 40–L; the Procurement List that will be Size 41–L; 8405–01–683–0672—Size 41– 8405–01–683–0269—Size 40–R; 8405– furnished by nonprofit agencies R; 8405–01–683–0676—Size 41–XL; 01–683–0249—Size 40–XS; 8405–01– 8405–01–683–0681—Size 42–L; 8405– 683–0325—Size 41–L; 8405–01–683– employing persons who are blind or 01–683–0690—Size 42–R; 8405–01–683– 0231—Size 41–R; 8405–01–683–0336— have other severe disabilities. 0682—Size 42–XL; 8405–01–683–0684— Size 41–XS; 8405–01–683–0112—Size DATES: Date added to the Procurement Size 43–L; 8405–01–683–0683—Size 43– 42–L; 8405–01–683–0236—Size 42–R; List: November 22, 2020. R; 8405–01–683–0686—Size 43–XL; 8405–01–683–0250—Size 42–XS; 8405– ADDRESSES: Committee for Purchase 8405–01–683–0693—Size 44–L; 8405– 01–683–0297—Size 43–L; 8405–01–683– From People Who Are Blind or Severely 01–683–0692—Size 44–R; 8405–01–683– 0252—Size 43–R; 8405–01–683–0328— 0696—Size 44–XL; 8405–01–683–0704— Size 43–XL; 8405–01–683–0731—Size Disabled, 1401 S Clark Street, Suite 715, Size 45–L; 8405–01–683–0703—Size 45– 43–XS; 8405–01–683–0883—Size 44–L; Arlington, Virginia 22202–4149. R; 8405–01–683–0710—Size 45–XL; 8405–01–683–0882—Size 44–R; 8405– FOR FURTHER INFORMATION CONTACT: 8405–01–683–0718—Size 46–L; 8405– 01–683–0891—Size 44–XL; 8405–01– Michael R. Jurkowski, Telephone: (703) 01–683–0715—Size 46–R; 8405–01–683– 683–0880—Size 44–XS; 8405–01–683– 603–2117, or email CMTEFedReg@ 0726—Size 46–XL; 8405–01–683–0730— 0896—Size 45–L; 8405–01–683–0894— AbilityOne.gov. Size 47–L; 8405–01–683–0728—Size 47– Size 45–S; 8405–01–683–0897—Size 45– R; 8405–01–683–0729—Size 47–XL; XL; 8405–01–683–0893—Size 45–XS; SUPPLEMENTARY INFORMATION: 8405–01–683–0733—Size 48–L; 8405– 8405–01–683–0902—Size 46–S; 8405– Additions 01–683–0732—Size 48–R; 8405–01–683– 01–683–0900—Size 46–XS; 8405–01– 0735—Size 48–XL; 8405–01–683–0824— 683–0926—Size 47–L; 8405–01–683– On 9/6/2019, the Committee for Size 49–L; 8405–01–683–0736—Size 49– 0924—Size 47–R; 8405–01–683–0914— Purchase From People Who Are Blind R; 8405–01–683–0825—Size 49–XL; Size 47–S; 8405–01–683–0927—Size 47– or Severely Disabled published notice of 8405–01–683–0828—Size 50–L; 8405– XL; 8405–01–683–0911—Size 47–XS; proposed additions to the Procurement 01–683–0827—Size 50–R; 8405–01–683– 8405–01–683–0934—Size 48–L; 8405– List. This notice is published pursuant 0829—Size 50–XL; 8405–01–683–0834— 01–683–0931—Size 48–R; 8405–01–683– to 41 U.S.C. 8503 (a)(2) and 41 CFR 51– Size 51–L; 8405–01–683–0831—Size 51– 0930—Size 48–S; 8405–01–683–0935— R; 8405–01–683–0836—Size 51–XL; Size 48–XL; 8405–01–683–0929—Size 2.3. 8405–01–683–0839—Size 52–L; 8405– 48–XS; 8405–01–683–0943—Size 49–L; After consideration of the material 01–683–0838—Size 52–R; 8405–01–683– 8405–01–683–0942—Size 49–R; 8405– presented to it concerning capability of 0837—Size 52–XL; 8405–01–685–3364— 01–683–0937—Size 49–S; 8405–01–683– qualified nonprofit agencies to provide Size 53–L; 8405–01–685–3362—Size 53– 0945—Size 49–XL; 8405–01–683–0936— the product(s) and impact of the R; 8405–01–685–3365—Size 53–XL; Size 49–XS; 8405–01–683–0951—Size additions on the current or most recent 8405–01–683–0841—Size 54–L; 8405– 50–L; 8405–01–683–0950—Size 50–R; contractors, the Committee has 01–683–0840—Size 54–R; 8405–01–683– 8405–01–683–0947—Size 50–S; 8405– determined that the product(s) listed 0842—Size 54–XL 01–683–0956—Size 50–XL; 8405–01– below are suitable for procurement by Coat, Dress, Army Green Service Uniform, 683–0946—Size 50–XS; 8405–01–683– the Federal Government under 41 U.S.C. Men’s, Classic Fit, Heritage Green 8405– 0963—Size 51–L; 8405–01–683–0962— 01–683–0111—Size 34–S; 8405–01–683– Size 51–R; 8405–01–683–0959—Size 51– 8501–8506 and 41 CFR 51–2.4. 0368—Size 35–L; 8405–01–683–0355— S; 8405–01–683–0964—Size 51–XL; Regulatory Flexibility Act Certification Size 35–S; 8405–01–683–0319—Size 36– 8405–01–683–0957—Size 51–XS; 8405– S; 8405–01–683–0356—Size 37–S; 8405– 01–683–0996—Size 52–L; 8405–01–683– I certify that the following action will 01–683–0254—Size 38–S; 8405–01–683– 0995—Size 52–R; 8405–01–683–0993— not have a significant impact on a 0243—Size 39–S; 8405–01–683–0334— Size 52–S; 8405–01–683–0998—Size 52– substantial number of small entities. Size 40–S; 8405–01–683–0320—Size 40– XL; 8405–01–683–0966—Size 52–XS;
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8405–01–685–2482—Size 53–L; 8405– 2137—Size 26–W–T; 8410–01–683– DATES: Submit written or electronic 01–685–2481—Size 53–R; 8405–01–685– 1945—Size 4–JR–P; 8410–01–683– comments on the collection of 2476—Size 53–S; 8405–01–685–2483— 1985—Size 4–M–P; 8410–01–683– information by November 23, 2020. Size 53–XL; 8405–01–683–1051—Size 1986—Size 4–M–R; 8410–01–683– 54–L; 8405–01–683–1040—Size 54–R; 2060—Size 4–W–P; 8410–01–683– ADDRESSES: Written comments and 8405–01–683–1010—Size 54–S; 8405– 1946—Size 6–JR–P; 8410–01–683– recommendations for the proposed 01–683–1053—Size 54–XL; 8405–01– 1987—Size 6–M–P; 8410–01–683– information collection should be sent 683–1002—Size 54–XS 1988—Size 6–M–R; 8410–01–683– within 30 days of publication of this Coat, Dress, Army Green Service Uniform, 1990—Size 6–M–T; 8410–01–683– Women’s, Heritage Green 8410–01–683– 2062—Size 6–W–P; 8410–01–683– notice to: www.reginfo.gov/public/do/ 1948—Size 10–JR–P; 8410–01–683– 2064—Size 6–W–R; 8410–01–683– PRAMain. Find this particular 1949—Size 10–JR–R; 8410–01–683– 2076—Size 6–W–T; 8410–01–683– information collection by selecting 1952—Size 10–JR–T; 8410–01–683– 1947—Size 8–JR–P; 8410–01–683– ‘‘Currently under 30-day Review—Open 1996—Size 10–M–P; 8410–01–683– 1991—Size 8–M–P; 8410–01–683– for Public Comments’’ or by using the 1999—Size 10–M–R; 8410–01–683– 1993—Size 8–M–R; 8410–01–683– search function. In addition, written 2001—Size 10–M–T; 8410–01–683– 1994—Size 8–M–T; 8410–01–683– comments that are sent to OMB also 2099—Size 10–W–P; 8410–01–683– 2082—Size 8–W–P; 8410–01–683– should be submitted electronically at: 2103—Size 10–W–R; 8410–01–683– 2078—Size 8–W–R; 8410–01–683– 2104—Size 10–W–T; 8410–01–683– 2098—Size 8–W–T http://www.regulations.gov, under 1951—Size 12–JR–P; 8410–01–683– Mandatory Source of Supply: Puerto Rico Docket No. CPSC–2010–0112. 1953—Size 12–JR–R; 8410–01–683– Industries for the Blind, Corp., 1955—Size 12–JR–T; 8410–01–683– FOR FURTHER INFORMATION CONTACT: Mayaguez, PR Cynthia Gillham, Consumer Product 1957—Size 12–JR–XT; 8410–01–683– Contracting Activity: DEPT OF THE ARMY, 2003—Size 12–M–P; 8410–01–683– W6QK ACC–APG NATICK Safety Commission, 4330 East West 2005—Size 12–M–R; 8410–01–683– Highway, Bethesda, MD 20814; (301) 2006—Size 12–M–T; 8410–01–683– Michael R. Jurkowski, 504–7791, or by email to: cgillham@ 2105—Size 12–W–P; 8410–01–683– Deputy Director, Business Operations. cpsc.gov. 2106—Size 12–W–R; 8410–01–683– [FR Doc. 2020–23519 Filed 10–22–20; 8:45 am] 2108—Size 12–W–T; 8410–01–683– SUPPLEMENTARY INFORMATION: BILLING CODE 6353–01–P On August 2121—Size 12–W–XT; 8410–01–683– 6, 2020, the CPSC published a notice in 1959—Size 14–JR–P; 8410–01–683– the Federal Register to announce the 1960—Size 14–JR–R; 8410–01–683– agency’s intention to seek extension of 1965—Size 14–JR–T; 8410–01–683– 1964—Size 14–JR–XT; 8410–01–683– CONSUMER PRODUCT SAFETY approval of the collection of 2007—Size 14–M–P; 8410–01–683– COMMISSION information. (85 FR 47750). The 2009—Size 14–M–R; 8410–01–683– Commission received no substantive 2008—Size 14–M–T; 8410–01–683– [Docket No. CPSC–2010–0112] comments. Accordingly, CPSC seeks to 2114—Size 14–W–P; 8410–01–683– renew the following currently approved 2115—Size 14–W–R; 8410–01–683– Agency Information Collection collection of information: 2119—Size 14–W–T; 8410–01–683– 2118—Size 14–W–XT; 8410–01–683– Activities; Submission for OMB Title: Contests, Challenges, and 1967—Size 16–JR–P; 8410–01–683– Review; Comment Request; Contests, Awards. Challenges, and Awards 1968—Size 16–JR–R; 8410–01–683– OMB Number: 3041–0151. 1969—Size 16–JR–T; 8410–01–683– 1970—Size 16–JR–XT; 8410–01–683– AGENCY: Consumer Product Safety Type of Review: Renewal of generic 2010—Size 16–M–P; 8410–01–683– Commission. collection. 2011—Size 16–M–R; 8410–01–683– ACTION: Notice. Frequency of Response: On occasion. 2012—Size 16–M–T; 8410–01–683– Affected Public: Contestants, award 2024—Size 16–M–XT; 8410–01–683– SUMMARY: As required by the Paperwork nominees, award nominators. 2122—Size 16–W–P; 8410–01–683– Reduction Act of 1995, the Consumer 2125—Size 16–W–R; 8410–01–683– Estimated Number of Respondents: 2127—Size 16–W–T; 8410–01–683– Product Safety Commission (CPSC or 2128—Size 16–W–XT; 8410–01–683– Commission) announces that the 500 participants annually. In addition, 1971—Size 18–JR–R; 8410–01–683– Commission has submitted to the Office 20 participants may be required to 2025—Size 18–M–R; 8410–01–683– of Management and Budget (OMB) a provide additional information upon 2026—Size 18–M–T; 8410–01–683– request for extension of approval of a selection. 2027—Size 18–M–XT; 8410–01–683– generic collection of information for Estimated Time per Response: 5 2129—Size 18–W–R; 8410–01–683– CPSC-sponsored contests, challenges, hours/participant. 20 participants may 2130—Size 18–W–T; 8410–01–683– and awards. OMB previously approved require 2 additional hours each to 2131—Size 18–W–XT; 8410–01–683– the collection of information under 1972—Size 20–JR–R; 8410–01–683– provide additional information upon 2029—Size 20–M–R; 8410–01–683– control number 3041–0151. OMB’s most selection. 2046—Size 20–M–T; 8410–01–683– recent extension of approval will expire on November 30, 2020. On August 6, Total Estimated Annual Burden: 2047—Size 20–M–XT; 8410–01–683– 2,540 hours (500 participants × 5 hours/ 2132—Size 20–W–R; 8410–01–683– 2020, CPSC published a notice in the × 2133—Size 20–W–T; 8410–01–683– Federal Register to announce the participant) + (20 participants 2 1983—Size 22–JR–R; 8410–01–683– agency’s intention to seek extension of hours/participant). 2048—Size 22–M–R; 8410–01–683– approval of the collection of General Description of Collection: The 2052—Size 22–M–T; 8410–01–683– information. The Commission received Commission establishes contests, 2135—Size 22–W–R; 8410–01–683– no substantive comments. Therefore, by challenges, and awards to increase the 2134—Size 22–W–T; 8410–01–683– public’s knowledge and awareness of 2054—Size 24–M–R; 8410–01–683– publication of this notice, the 2057—Size 24–M–T; 8410–01–683– Commission announces that CPSC has safety hazards, such as carbon 2144—Size 24–W–T; 8410–01–683– submitted to the OMB a request for monoxide poisoning. The Commission 2056—Size 26–M–R; 8410–01–683– extension of approval of this collection also recognizes those individuals, firms, 2059—Size 26–M–T; 8410–01–683– of information, without change. and organizations that work to address
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issues related to consumer product pursuant to 41 CFR 102–3.150(b), DEPARTMENT OF DEFENSE safety through awards. waives the 15-calendar day notification Department of the Air Force Alberta E. Mills, requirement.’’ Secretary, Consumer Product Safety Purpose of the Meeting: The purpose Notice of Federal Advisory Committee Commission. of this Air Force Scientific Advisory meeting [FR Doc. 2020–23488 Filed 10–22–20; 8:45 am] Board meeting is for the Parent Board to AGENCY: Department of the Air Force, BILLING CODE 6355–01–P receive the FY20 SecAF-directed study outbriefs for the Communications in the Air University Board of Visitors. Future Operating Environment study ACTION: Notice of Federal Advisory DEPARTMENT OF DEFENSE and the Understanding and Avoiding Committee meeting. Unintended Behaviors in Autonomous SUMMARY: The Department of Defense Department of the Air Force Systems study. (DoD) is publishing this notice to U.S. Air Force Scientific Advisory Agenda: [All times are Eastern announce the following Federal Board; Notice of Federal Advisory Standard Time] 3:00 p.m.–3:05 p.m. Advisory Committee meeting of the Committee Meeting Welcome Remarks 3:05 p.m.–4:05 p.m. Board of Visitors (BoV) of Air Air Force Communications in the University. AGENCY: U.S. Air Force Scientific Future Operating Environment Outbrief DATES: Open to the public virtually Advisory Board, Department of the Air and Deliberations 4:05 p.m.–4:10 p.m. Monday, November 16, 2020, from 8:00 Force. Vote 4:10 p.m.–5:10 p.m. Understanding a.m. to 5:00 p.m. and Tuesday, ACTION: Notice of Federal Advisory and Avoiding Unintended Behaviors in November 17, 2020, from 8:00 a.m. to Committee meeting. Autonomous Systems Outbrief and 3:00 p.m. (Central Time). SUMMARY: The Department of Defense Deliberations 5:10 p.m.–5:15 p.m. Vote ADDRESSES: The virtual meeting can be (DoD) is publishing this notice to and Closing Remarks. In accordance accessed at the following link: https:// announce that the following Federal with section 10(d) of the Federal www.airuniversity.af.edu/Academic- Advisory Committee meeting of the U.S. Advisory Committee Act, as amended, 5 Affairs/Board-of-Visitors/. Air Force Scientific Advisory Board will U.S.C. Appendix and 41 CFR 102–3.155, FOR FURTHER INFORMATION CONTACT: Dr. take place. the Administrative Assistant of the Air Shawn P. O’Mailia, Designated Federal DATES: Closed to the public. 6 Force, in consultation with the Air Officer (DFO), Air University November, 2020 from 3:00 p.m. to 5:15 Force General Counsel, has agreed that Headquarters, 55 LeMay Plaza South, p.m. Eastern Standard Time. the public interest requires the United Maxwell Air Force Base, Alabama 36112–6335, telephone (334) 953–4547. ADDRESSES: The meeting will be held by States Air Force Scientific Advisory virtual means from multiple secure Board meeting be closed to the public SUPPLEMENTARY INFORMATION: This locations across the United States, because it will involve discussions meeting is held under the provisions of connected through secure virtual involving classified matters covered by the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as communications systems to include at 5 U.S.C. 552b(c)(1). the Pentagon, WPAFB, DIU Facility, amended), the Government in the Written Statements: Any member of RAND, MIT/LL, MITRE, and Aerospace. Sunshine Act of 1976 (5 U.S.C. 552b, as the public wishing to provide input to amended), and 41 CFR 102–3.140 and FOR FURTHER INFORMATION CONTACT: Lt. the United States Air Force Scientific Col. Elizabeth Sorrells, (240) 470–4566 102–3.150. Advisory Board should submit a written Purpose of the Meeting: The purpose (Voice), [email protected] statement in accordance with 41 CFR of this meeting is to provide (Email). Mailing address is 1500 West independent advice and Perimeter Road, Ste. #3300, Joint Base 102–3.140(c) and section 10(a)(3) of the recommendations on matters pertaining Andrews, MD 20762. Website: https:// Federal Advisory Committee Act and to the educational, doctrinal, and www.scientificadvisoryboard.af.mil/. the procedures described in this research policies and activities of Air The most up-to-date changes to the paragraph. Written statements can be University. Specific to this agenda meeting agenda can be found on the submitted to the Designated Federal includes topics relating to AU’s COVID– website. Officer at the address detailed above at any time. The Designated Federal 19 response, SecDef’s Great Power SUPPLEMENTARY INFORMATION: This Officer will review all submissions with Competition tasking, Air Force Institute meeting is being held under the of Technology Subcommittee update, provisions of the Federal Advisory the United States Air Force Scientific Advisory Board Chairperson and ensure Community College of the Air Force Committee Act (FACA) of 1972 (5 Subcommittee update, Accreditation they are provided to members of the U.S.C., Appendix, as amended), the Quality Enhancement Plan presentation, United States Air Force Scientific Government in the Sunshine Act of AU Student Information System update, 1976 (5 U.S.C. 552b, as amended), and Advisory Board. Written statements and AU financial update. 41 CFR 102–3.140 and 102–3.150. Due received after the meeting that is the Meeting Accessibility: Open to the to circumstances beyond the control of subject of this notice may not be public with the exception of the the Department of Defense and the considered by the Scientific Advisory Executive Session with the Air Designated Federal Officer for the U.S. Board until the next scheduled meeting. University Commander and President. Air Force Scientific Advisory Board, the Adriane Paris, Any member of the public wishing to U.S. Air Force Scientific Advisory attend this meeting should contact the Board was unable to provide public Acting Air Force Federal Register Liaison Designated Federal Officer listed below Officer. notification required by 41 CFR 102– at least ten calendar days prior to the 3.150(a) concerning its November 6, [FR Doc. 2020–23479 Filed 10–22–20; 8:45 am] meeting for information on base entry 2020 meeting. Accordingly, the BILLING CODE 5001–10–P procedures. Advisory Committee Management WRITTEN STATEMENTS: Any member of Officer for the Department of Defense, the public wishing to provide input to
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the Air University Board of Visitors, may be made available to the public at revised, and continuing collections of should submit a written statement in any time. While you can request us to information. This helps the Department accordance with 41 CFR 102–3.105(j) withhold your personal identifying assess the impact of its information and § 102–3.140 and § 10(a)(3) of the information from public review, we collection requirements and minimize FACA. The public or interested cannot guarantee that we will be able to the public’s reporting burden. It also organizations may submit written do so. helps the public understand the comments or statements to the BoV SUPPLEMENTARY INFORMATION: Project Department’s information collection about its mission and/or the topics to be information is available at the following requirements and provide the requested addressed in the open sessions of this website: https://go.usa.gov/xG2Pt. data in the desired format. ED is public meeting. Written comments or Scoping comments can be emailed to: soliciting comments on the proposed statements should be submitted to the [email protected]. information collection request (ICR) that DFO, Dr. Shawn P. O’Mailia, via Scoping comments can also be mailed is described below. The Department of electronic mail, the preferred mode of to: U.S. Army Corps of Engineers, Education is especially interested in submission, at the email address listed Omaha District, ATTN: CENWO–PM– public comment addressing the in the FOR FURTHER INFORMATION A–C (DAPL NOI), 1616 Capitol Avenue, following issues: (1) Is this collection CONTACT section. Written comments or Omaha, NE 68102. necessary to the proper functions of the statements must be received by the DFO Department; (2) will this information be at least ten (10) calendar days prior to D. Peter Helmlinger, processed and used in a timely manner; the meeting that is the subject of this Brigadier General, U.S. Army, Division (3) is the estimate of burden accurate; notice. Written comments or statements Commander. (4) how might the Department enhance received after this date may not be [FR Doc. 2020–23474 Filed 10–22–20; 8:45 am] the quality, utility, and clarity of the provided to or considered by the Air BILLING CODE 3720–58–P information to be collected; and (5) how University Board of Visitors until its might the Department minimize the next meeting. The DFO will review all burden of this collection on the timely submissions with the Air DEPARTMENT OF EDUCATION respondents, including through the use of information technology. Please note University Board of Visitors’ Board [Docket No. ED–2020–SCC–0130] Chairperson and ensure they are that written comments received in provided to members of the Board Agency Information Collection response to this notice will be before the meeting that is the subject of Activities; Submission to the Office of considered public records. this notice. Management and Budget for Review Title of Collection: Veterans Upward and Approval; Comment Request; Bound (VUB) Program Annual Adriane Paris, Performance Report. Acting Air Force Federal Register Liaison Veterans Upward Bound (VUB) Program Annual Performance Report OMB Control Number: 1840–0832. Officer. Type of Review: A reinstatement with [FR Doc. 2020–23453 Filed 10–22–20; 8:45 am] AGENCY: Office of Postsecondary change of a previously approved BILLING CODE 5001–10–P Education, Department of Education collection. (ED). Respondents/Affected Public: State, ACTION: Notice. Local, and Tribal Governments; Private DEPARTMENT OF DEFENSE Sector. SUMMARY: In accordance with the Total Estimated Number of Annual Department of the Army, Corps of Paperwork Reduction Act of 1995, ED is Responses: 62. Engineers proposing a reinstatement with change Total Estimated Number of Annual of a previously approved collection. Burden Hours: 1,054. Scoping Period Extension for Abstract: Veterans Upward Bound DATES: Interested persons are invited to Environmental Impact Statement for an (VUB), one of the U.S. Department of Easement To Cross Under Lake Oahe, submit comments on or before November 23, 2020. Education’s Upward Bound programs, is North Dakota for a Fuel-Carrying designed to motivate and assist veterans ADDRESSES: Pipeline Right-of-Way for a Portion of Written comments and in developing academic and other the Dakota Access Pipeline recommendations for proposed requisite skills necessary for acceptance information collection requests should AGENCY: Department of the Army, U.S. and success in a program of be sent within 30 days of publication of postsecondary education. The program Army Corps of Engineers, DoD. this notice to www.reginfo.gov/public/ ACTION: Notice. provides assessment and enhancement do/PRAMain. Find this particular of basic skills through counseling, SUMMARY: The U.S. Army Corps of information collection request by mentoring, tutoring and academic Engineers (USACE) is extending the selecting ‘‘Department of Education’’ instruction in the core subject areas. The scoping period through November 26, under ‘‘Currently Under Review,’’ then primary goal of the program is to 2020. The scoping period was originally check ‘‘Only Show ICR for Public increase the rate at which participants scheduled to end on October 26, 2020. Comment’’ checkbox. enroll in and complete postsecondary FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For education programs. Heath Kruger, U.S. Army Corps of specific questions related to collection All Veterans Upward Bound projects Engineers at (402) 995–2036 or by email activities, please contact Kenneth must provide instruction in at [email protected]. Foushee, 202–453–7417. mathematics through pre-calculus, Public Comment Availability: Please SUPPLEMENTARY INFORMATION: The laboratory science, foreign language, note that before including your address, Department of Education (ED), in composition, and literature. Projects phone number, email address, or any accordance with the Paperwork may also provide short-term remedial or other personal identifying information Reduction Act of 1995 (PRA) (44 U.S.C. refresher courses for veterans who are in your comment, you should be aware 3506(c)(2)(A)), provides the general high school graduates but have delayed that your entire comment—including public and Federal agencies with an pursuing postsecondary education. your personal identifying information— opportunity to comment on proposed, Projects are also expected to assist
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veterans in securing support services If you use a telecommunications your search to documents published by from other locally available resources device for the deaf (TDD) or a text the Department. such as the U.S. Department of Veterans telephone (TTY), call the Federal Relay Robert L. King, Affairs, veterans’ associations, and other Service (FRS), toll free, at 1–800–877– state and local agencies that serve 8339. Assistant Secretary for the Office of Postsecondary Education. veterans. The Department’s annual performance SUPPLEMENTARY INFORMATION: On [FR Doc. 2020–23475 Filed 10–22–20; 8:45 am] report (APR) for VUB collects each October 5, 2020, we published in the BILLING CODE 4000–01–P current grantee’s data at the participant Federal Register an NIA for the FY 2020 level on services and performance over competition of the Centers of Excellence the course of a year. The Department for Veteran Student Success Program ENVIRONMENTAL PROTECTION uses the information conveyed in the (85 FR 62715). This notice revises the AGENCY deadline for intergovernmental review, performance report to assess a grantee’s [EPA–HQ–OPP–2017–0750; FRL–10015–62] progress in meeting its approved goals from January 4, 2021, to December 4, and objectives and to evaluate a 2020. All other requirements and Pesticide Registration Review; grantee’s prior experience in accordance conditions in the NIA remain the same. Proposed Interim Decisions for with the program regulations in 34 CFR Correction Methomyl and Thiodicarb 645.32. Grantees’ annual performance AGENCY: Environmental Protection reports also provide information on the In FR Doc. 2020–21886 appearing on Agency (EPA). outcomes of projects’ work and of the page 62715 of the Federal Register of VUB program as a whole. In addition, October 5, 2020, the following ACTION: Notice. APR data allows the Department to corrections are made: SUMMARY: This notice announces the respond to the reporting requirements of 1. On page 62715, in the third availability of EPA’s proposed interim the Government Performance and column, under DATES and after registration review decisions and opens Results Act. ‘‘Deadline for Intergovernmental a 60-day public comment period on the Dated: October 19, 2020. Review’’, we remove the date ‘‘January proposed interim decisions for Kate Mullan, 4, 2021’’ and add in its place the date methomyl and thiodicarb. PRA Coordinator, Strategic Collections and ‘‘December 4, 2020’’. DATES: Comments must be received on Clearance, Governance and Strategy Division, 2. On page 62716, in the third or before December 22, 2020. Office of Chief Data Officer, Office of column, at the end of section IV.2 ADDRESSES: Submit your comments, Planning, Evaluation and Policy ‘‘Intergovernmental Review’’, we add identified by the docket identification Development. the following sentence: (ID) number for the specific pesticide of [FR Doc. 2020–23457 Filed 10–22–20; 8:45 am] ‘‘Please note that, under 34 CFR interest provided in the Table in Unit BILLING CODE 4000–01–P IV, by one of the following methods: 79.8(a), we have shortened the standard • 60-day intergovernmental review period Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online DEPARTMENT OF EDUCATION in order to make awards by December 31, 2020.’’ instructions for submitting comments. Do not submit electronically any Applications for New Awards; Centers Program Authority: 20 U.S.C. 1161t. information you consider to be of Excellence for Veteran Student Confidential Business Information (CBI) Success Program; Correction Accessible Format: On request to the contact person listed under FOR FURTHER or other information whose disclosure is AGENCY: Office of Postsecondary INFORMATION CONTACT, individuals with restricted by statute. • Education, Department of Education. disabilities can obtain this notice, the Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ ACTION: Notice; correction. NIA, and a copy of the application in an accessible format (e.g., Braille, large DC), (28221T), 1200 Pennsylvania Ave. print, audio tape, or compact disc), to NW, Washington, DC 20460–0001. SUMMARY: On October 5, 2020, the • Department of Education (Department) the extent reasonably practicable. Hand Delivery: To make special arrangements for hand delivery or published in the Federal Register a Electronic Access to This Document: notice inviting applications (NIA) for delivery of boxed information, please The official version of this document is follow the instructions at http:// new awards for fiscal year (FY) 2020 for the document published in the Federal the Centers of Excellence for Veteran www.epa.gov/dockets/contacts.html. Register. You may access the official Due to the public health concerns Student Success Program, Catalog of edition of the Federal Register and the related to COVID–19, the EPA Docket Federal Domestic Assistance (CFDA) Code of Federal Regulations at Center (EPA/DC) and Reading Room is number 84.116G. We are correcting the www.govinfo.gov. At this site you can closed to visitors with limited deadline for intergovernmental review. view this document, as well as all other exceptions. The staff continues to All other information in the NIA, documents of this Department provide remote customer service via including the November 4, 2020, published in the Federal Register, in email, phone, and webform. For the deadline for transmittal of applications, text or Portable Document Format latest status information on EPA/DC remains the same. (PDF). To use PDF you must have services and docket access, visit https:// DATES: This correction is applicable Adobe Acrobat Reader, which is www.epa.gov/dockets. available free at the site. October 23, 2020. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: You may also access documents of the For pesticide specific information, Kelly Harris, U.S. Department of Department published in the Federal contact: The Chemical Review Manager Education, 400 Maryland Avenue SW, Register by using the article search for the pesticide of interest identified in Room 268–30, Washington, DC 20202. feature at: www.federalregister.gov. the Table in Unit IV. Telephone: (202) 453–7346. Email: Specifically, through the advanced For general information on the [email protected]. search feature at this site, you can limit registration review program, contact:
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Melanie Biscoe, Pesticide Re-Evaluation information on a disk or CD–ROM that including its effects on human health Division (7508P), Office of Pesticide you mail to EPA, mark the outside of the and the environment. Programs, Environmental Protection disk or CD–ROM as CBI and then III. Authority Agency, 1200 Pennsylvania Ave. NW, identify electronically within the disk or Washington, DC 20460–0001; telephone CD–ROM the specific information that EPA is conducting its registration number: (703) 305–7106; email address: is claimed as CBI. In addition to one review of the chemicals listed in the [email protected]. complete version of the comment that Table in Unit IV pursuant to section 3(g) SUPPLEMENTARY INFORMATION: includes information claimed as CBI, a of the Federal Insecticide, Fungicide, copy of the comment that does not and Rodenticide Act (FIFRA) and the I. General Information contain the information claimed as CBI Procedural Regulations for Registration A. Does this action apply to me? must be submitted for inclusion in the Review at 40 CFR part 155, subpart C. public docket. Information so marked Section 3(g) of FIFRA provides, among This action is directed to the public will not be disclosed except in other things, that the registrations of in general, and may be of interest to a accordance with procedures set forth in pesticides are to be reviewed every 15 wide range of stakeholders including 40 CFR part 2. years. Under FIFRA, a pesticide product environmental, human health, farm 2. Tips for preparing your comments. may be registered or remain registered worker, and agricultural advocates; the When preparing and submitting your only if it meets the statutory standard chemical industry; pesticide users; and comments, see the commenting tips at for registration given in FIFRA section members of the public interested in the http://www.epa.gov/dockets/ 3(c)(5) (7 U.S.C. 136a(c)(5)). When used sale, distribution, or use of pesticides. comments.html. in accordance with widespread and Since others also may be interested, the commonly recognized practice, the Agency has not attempted to describe all II. Background pesticide product must perform its the specific entities that may be affected Registration review is EPA’s periodic intended function without unreasonable by this action. If you have any questions review of pesticide registrations to adverse effects on the environment; that regarding the applicability of this action ensure that each pesticide continues to is, without any unreasonable risk to to a particular entity, consult the satisfy the statutory standard for man or the environment, or a human Chemical Review Manager for the registration, that is, the pesticide can dietary risk from residues that result pesticide of interest identified in the perform its intended function without from the use of a pesticide in or on food. Table in Unit IV. unreasonable adverse effects on human health or the environment. As part of IV. What action is the Agency taking? B. What should I consider as I prepare the registration review process, the Pursuant to 40 CFR 155.58, this notice my comments for EPA? Agency has completed proposed interim announces the availability of EPA’s 1. Submitting CBI. Do not submit this decisions for all pesticides listed in the proposed interim registration review information to EPA through Table in Unit IV. Through this program, decisions for the pesticides shown in regulations.gov or email. Clearly mark EPA is ensuring that each pesticide’s Table 1 and opens a 60-day public the part or all of the information that registration is based on current comment period on the proposed you claim to be CBI. For CBI scientific and other knowledge, interim registration review decisions.
TABLE 1—PROPOSED INTERIM DECISIONS
Registration review case name and No. Docket ID No. Chemical review manager and contact information
Methomyl, Case Number 0028 ...... EPA–HQ–OPP–2010– Nicole Zinn, [email protected], (703) 308–7076. 0751. Thiodicarb, Case Number 2675 ...... EPA–HQ–OPP–2009– Nicole Zinn, [email protected], (703) 308–7076. 0432.
The registration review docket for a the pesticides listed in Table 1 in Unit The Agency will carefully consider all pesticide includes earlier documents IV. comments received by the closing date related to the registration review case. The registration review final rule at 40 and may provide a ‘‘Response to For example, the review opened with a CFR 155.58(a) provides for a minimum Comments Memorandum’’ in the Preliminary Work Plan, for public 60-day public comment period on all docket. The interim registration review comment. A Final Work Plan was proposed interim registration review decision will explain the effect that any placed in the docket following public decisions. This comment period is comments had on the interim decision comment on the Preliminary Work Plan. intended to provide an opportunity for and provide the Agency’s response to The documents in the dockets public input and a mechanism for significant comments. describe EPA’s rationales for conducting initiating any necessary amendments to additional risk assessments for the the proposed interim decision. All Background on the registration review registration review of the pesticides comments should be submitted using program is provided at: http:// included in the tables in Unit IV, as well the methods in ADDRESSES and must be www.epa.gov/pesticide-reevaluation. as the Agency’s subsequent risk findings received by EPA on or before the closing Authority: 7 U.S.C. 136 et seq. and consideration of possible risk date. These comments will become part Dated: October 6, 2020. mitigation measures. These proposed of the docket for the pesticides included interim registration review decisions are in the Tables in Unit IV. Comments Mary Reaves, supported by the rationales included in received after the close of the comment Acting Director, Pesticide Re-Evaluation those documents. Following public period will be marked ‘‘late.’’ EPA is not Division, Office of Pesticide Programs. comment, the Agency will issue interim required to consider these late [FR Doc. 2020–23502 Filed 10–22–20; 8:45 am] or final registration review decisions for comments. BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION closed to visitors with limited comments, see the commenting tips at AGENCY exceptions. The staff continues to http://www.epa.gov/dockets/ provide remote customer service via comments.html. [EPA–HQ–OPP–2017–0750; FRL–10015–67] email, phone, and webform. For the II. Background Pesticide Registration Review; latest status information on EPA/DC Proposed Interim Decisions for Several services and docket access, visit https:// Registration review is EPA’s periodic Pesticides; Notice of Availability www.epa.gov/dockets. review of pesticide registrations to FOR FURTHER INFORMATION CONTACT: ensure that each pesticide continues to AGENCY: Environmental Protection For pesticide specific information, Agency (EPA). satisfy the statutory standard for contact: The Chemical Review Manager registration, that is, the pesticide can ACTION: Notice. for the pesticide of interest identified in perform its intended function without the Table in Unit IV. SUMMARY: This notice announces the unreasonable adverse effects on human For general information on the availability of EPA’s proposed interim health or the environment. As part of registration review program, contact: registration review decisions and opens the registration review process, the Melanie Biscoe, Pesticide Re-Evaluation a 60-day public comment period on the Agency has completed proposed interim Division (7508P), Office of Pesticide proposed interim decisions for the decisions for all pesticides listed in the Programs, Environmental Protection following pesticides: 1,3- Table in Unit IV. Through this program, Agency, 1200 Pennsylvania Ave. NW, dichloropropene, 1- EPA is ensuring that each pesticide’s Washington, DC 20460–0001; telephone methylcyclopropene; aluminum registration is based on current number: (703) 305–7106; email address: phosphide; Beauveria bassiana; benzyl scientific and other knowledge, [email protected]. benzoate; butoxypolypropylene glycol including its effects on human health (BPG); carboxin/oxycarboxin; SUPPLEMENTARY INFORMATION: and the environment. cyhalothrins; Dibromo-3- I. General Information III. Authority nitrilopropionamide (DBNPA); A. Does this action apply to me? halohydantoins; inorganic sulfites; EPA is conducting its registration irgarol; kaolin; magnesium phosphide; This action is directed to the public review of the chemicals listed in the methoprene/kinoprene/hydroprene; in general, and may be of interest to a Table in Unit IV pursuant to section 3(g) myclobutanil; naphthalene acetic acid, wide range of stakeholders including of the Federal Insecticide, Fungicide, salts, ester, and acetamide (NAA); environmental, human health, farm and Rodenticide Act (FIFRA) and the organic esters of phosphoric acid worker, and agricultural advocates; the Procedural Regulations for Registration (OEPA); Paecilomyces species; chemical industry; pesticide users; and Review at 40 CFR part 155, subpart C. phosphine; propylene oxide (PPO); members of the public interested in the Section 3(g) of FIFRA provides, among Streptomyces lydicus strain WYEC 108; sale, distribution, or use of pesticides. other things, that the registrations of triallate; triphenyltin hydroxide (TPTH); Since others also may be interested, the pesticides are to be reviewed every 15 and triticonazole. In addition, the Agency has not attempted to describe all years. Under FIFRA, a pesticide product human health and ecological risk the specific entities that may be affected may be registered or remain registered assessments for benzyl benzoate, by this action. If you have any questions only if it meets the statutory standard butoxypolypropylene glycol, and OEPA regarding the applicability of this action for registration given in FIFRA section are also being published for comment at to a particular entity, consult the 3(c)(5) (7 U.S.C. 136a(c)(5)). When used this time. Chemical Review Manager for the in accordance with widespread and DATES: Comments must be received on pesticide of interest identified in the commonly recognized practice, the or before December 22, 2020. Table in Unit IV. pesticide product must perform its ADDRESSES: Submit your comments, B. What should I consider as I prepare intended function without unreasonable identified by the docket identification my comments for EPA? adverse effects on the environment; that (ID) number for the specific pesticide of is, without any unreasonable risk to 1. Submitting CBI. Do not submit this interest provided in the Table in Unit man or the environment, or a human information to EPA through IV, by one of the following methods: dietary risk from residues that result • regulations.gov or email. Clearly mark Federal eRulemaking Portal: http:// from the use of a pesticide in or on food. www.regulations.gov. Follow the online the part or all of the information that instructions for submitting comments. you claim to be CBI. For CBI IV. What action is the Agency taking? Do not submit electronically any information on a disk or CD–ROM that information you consider to be you mail to EPA, mark the outside of the Pursuant to 40 CFR 155.58, this notice Confidential Business Information (CBI) disk or CD–ROM as CBI and then announces the availability of EPA’s or other information whose disclosure is identify electronically within the disk or proposed interim registration review restricted by statute. CD–ROM the specific information that decisions for the pesticides shown in • Mail: OPP Docket, Environmental is claimed as CBI. In addition to one Table 1 and opens a 60-day public Protection Agency Docket Center (EPA/ complete version of the comment that comment period on the proposed DC), (28221T), 1200 Pennsylvania Ave. includes information claimed as CBI, a interim registration review decisions. In NW, Washington, DC 20460–0001. copy of the comment that does not addition, the human health and • Hand Delivery: To make special contain the information claimed as CBI ecological risk assessments for arrangements for hand delivery or must be submitted for inclusion in the aluminum phosphide, benzyl benzoate, delivery of boxed information, please public docket. Information so marked butoxypolypropylene glycol, follow the instructions at http:// will not be disclosed except in magnesium phosphide, the organic www.epa.gov/dockets/contacts.html. accordance with procedures set forth in esters of phosphoric acid (OEPA), Due to the public health concerns 40 CFR part 2. phosphine, and propylene oxide are related to COVID–19, the EPA Docket 2. Tips for preparing your comments. also being published for comment at Center (EPA/DC) and Reading Room is When preparing and submitting your this time.
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TABLE 1—PROPOSED INTERIM DECISIONS
Registration review case name and No. Docket ID No. Chemical review manager and contact information
1,3-Dichloropropene, Case 0328 ...... EPA–HQ–OPP–2013–0154 Michelle Nolan, [email protected], (703) 347–0258. 1-Methylcyclopropene, Case Number 6075 ...... EPA–HQ–OPP–2014–0670 Bibiana Oe, [email protected], (703) 347–8162. Aluminum phosphide, Case Number 0025 ...... EPA–HQ–OPP–2013–0081 Jonathan Williams, [email protected], (703) 347– 0670. Beauveria bassiana, Case Number 6057 ...... EPA–HQ–OPP–2010–0564 Susanne Cerrelli, [email protected], (703) 308–8077. Benzyl benzoate, Case Number 4013 ...... EPA–HQ–OPP–2015–0597 Moana Appleyard, [email protected], (703) 308–8175. Butoxypolypropylene glycol (BPG), Case Num- EPA–HQ–OPP–2016–0048 Veronica Dutch, [email protected], (703) 308–8585. ber 3123. Carboxin and Oxycarboxin, Case Number 0012 EPA–HQ–OPP–2015–0144 Theodore Varns, [email protected], (703) 347–8589. Cyhalothrins, Case Number (Gamma—7437 EPA–HQ–OPP–2010–0479 Darius Stanton, [email protected], (703) 347–0433. Lambda—7408). EPA–HQ–OPP–2010– 0480 Dibromo-3-nitrilopropionamide (DBNPA), Case EPA–HQ–OPP–2009–0724 Jessie Bailey, [email protected], (703) 347–0148. Number 3056. Halohydantoins, Case Number 3055 ...... EPA–HQ–OPP–2013–0220 Peter Bergquist, [email protected], (703) 347–8563. Inorganic Sulfites, Case Numbers 7019 and EPA–HQ–OPP–2013–0598 Matthew B. Khan, [email protected], (703) 347–8613. 4056. Irgarol, Case Number 5031 ...... EPA–HQ–OPP–2010–0003 SanYvette Williams, [email protected], (703) 305– 7702. Kaolin, Case Number 6039 ...... EPA–HQ–OPP–2014–0107 Daniel Schoeff, [email protected], (703) 347–0143. Magnesium phosphide, Case Number 0645 ...... EPA–HQ–OPP–2013–0081 Jonathan Williams, [email protected], (703) 347– 0670. Methoprene, Kinoprene, and Hydroprene, Case EPA–HQ–OPP–2013–0586 Cody Kendrick, [email protected], (703) 347–0468. Number 0030. Myclobutanil, Case Number 7006 ...... EPA–HQ–OPP–2015–0053 Kent Fothergill, [email protected], (703) 347–8299. Naphthalene Acetic Acid, Salts, Ester, and Acet- EPA–HQ–OPP–2014–0773 Anna Romanovsky, [email protected], (703) 347– amide (NAA), Case Number 0379. 0203. Organic Esters of Phosphoric Acid (OEPA), EPA–HQ–OPP–2013–0373 Stephen Savage, [email protected], (703) 347–0345. Case Number 4122. Paecilomyces species, Case Number 6047 ...... EPA–HQ–OPP–2012–0403 Andrew Queen, [email protected], (703) 308–8135. Phosphine, Case Number 7608 ...... EPA–HQ–OPP–2013–0081 Jonathan Williams, [email protected], (703) 347– 0670. Propylene oxide, Case Number 2560 ...... EPA–HQ–OPP–2013–0156 Jonathan Williams, [email protected], (703) 347– 0670. Streptomyces lydicus strain WYEC 108, Case EPA–HQ–OPP–2014–0608 Monica Thapa, [email protected], (703) 347–8688. Number 6088. Triallate, Case Number 2695 ...... EPA–HQ–OPP–2014–0573 Robert Little, [email protected], (703) 347–8156. Triphenyltin hydroxide (TPTH), Case Number EPA–HQ–OPP–2012–0413 Tiffany Green, [email protected], (703) 347–0314. 0099. Triticonazole, Case Number 7036 ...... EPA–HQ–OPP–2015–0602 Christian Bongard, [email protected], (703) 347– 0337.
The registration review docket for a 60-day public comment period on all and provide the Agency’s response to pesticide includes earlier documents proposed interim registration review significant comments. related to the registration review case. decisions. This comment period is Background on the registration review For example, the review opened with a intended to provide an opportunity for program is provided at: http:// Preliminary Work Plan, for public public input and a mechanism for www.epa.gov/pesticide-reevaluation. comment. A Final Work Plan was initiating any necessary amendments to placed in the docket following public the proposed interim decision. All Authority: 7 U.S.C. 136 et seq. comment on the Preliminary Work Plan. comments should be submitted using Dated: October 7, 2020. The documents in the dockets the methods in ADDRESSES and must be Mary Reaves, describe EPA’s rationales for conducting received by EPA on or before the closing Acting Director, Pesticide Re-Evaluation additional risk assessments for the date. These comments will become part Division, Office of Pesticide Programs. registration review of the pesticides of the docket for the pesticides included included in the tables in Unit IV, as well [FR Doc. 2020–23503 Filed 10–22–20; 8:45 am] in the Tables in Unit IV. Comments BILLING CODE 6560–50–P as the Agency’s subsequent risk findings received after the close of the comment and consideration of possible risk period will be marked ‘‘late.’’ EPA is not mitigation measures. These proposed required to consider these late interim registration review decisions are supported by the rationales included in comments. those documents. Following public The Agency will carefully consider all comment, the Agency will issue interim comments received by the closing date or final registration review decisions for and may provide a ‘‘Response to the pesticides listed in Table 1 in Unit Comments Memorandum’’ in the IV. docket. The interim registration review The registration review final rule at 40 decision will explain the effect that any CFR 155.58(a) provides for a minimum comments had on the interim decision
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ENVIRONMENTAL PROTECTION you wish to make. The EPA will manufacturers to seek EPA approval to AGENCY generally not consider comments or use an alternative methodology for 3 comment contents located outside of the determining the off-cycle CO2 credits. [EPA–HQ– OAR–2018–0575; FRL 10016–09– primary submission (i.e., on the web, This option is only available if the OAR] cloud, or other file sharing system). For benefit of the technology cannot be Alternative Methods for Calculating additional submission methods, the full adequately demonstrated using the 5- Off-Cycle Credits Under the Light-Duty EPA public comment policy, cycle methodology. Manufacturers may Vehicle Greenhouse Gas Emissions information about CBI or multimedia also use this option to demonstrate Program: Applications From submissions, and general guidance on reductions that exceed those available Volkswagen Group of America, Inc. making effective comments, please visit via use of the predetermined list. http://www2.epa.gov/dockets/ Under the regulations, a manufacturer AGENCY: Environmental Protection commenting-epa-dockets. seeking to demonstrate off-cycle credits Agency (EPA). FOR FURTHER INFORMATION CONTACT: Linc with an alternative methodology (i.e., ACTION: Notice. Wehrly, Office of Transportation and under the third pathway described Air Quality, Compliance Division, U.S. above) must describe a methodology SUMMARY: EPA is requesting comment Environmental Protection Agency, 2000 that meets the following criteria: on applications from Volkswagen Group Traverwood Drive, Ann Arbor, MI • Use modeling, on-road testing, on- of America, Inc. (‘‘Volkswagen ’’) for off- 48105. Phone: (734) 214–4286. Fax: road data collection, or other approved cycle carbon dioxide (CO2) credits (734) 214–4869. Email address: analytical or engineering methods; under EPA’s light-duty vehicle [email protected]. • Be robust, verifiable, and capable of greenhouse gas emissions standards. SUPPLEMENTARY INFORMATION: demonstrating the real-world emissions ‘‘Off-cycle’’ emission reductions can be benefit with strong statistical I. Background achieved by employing technologies significance; that result in real-world benefits, but EPA’s light-duty vehicle greenhouse • Result in a demonstration of where that benefit is not adequately gas (GHG) program provides three baseline and controlled emissions over captured on the test procedures used by pathways by which a manufacturer may a wide range of driving conditions and manufacturers to demonstrate accrue off-cycle carbon dioxide (CO2) number of vehicles such that issues of compliance with emission standards. credits for those technologies that data uncertainty are minimized; EPA’s light-duty vehicle greenhouse gas achieve CO2 reductions in the real • Result in data on a model type basis program acknowledges these benefits by world but where those reductions are unless the manufacturer demonstrates giving automobile manufacturers several not adequately captured on the test used that another basis is appropriate and options for generating ‘‘off-cycle’’ CO2 to determine compliance with the CO2 adequate. credits. Under the regulations, a standards, and which are not otherwise Further, the regulations specify the manufacturer may apply for CO2 credits reflected in the standards’ stringency. following requirements regarding an The first pathway is a predetermined for off-cycle technologies that result in application for off-cycle CO2 credits: off-cycle benefits. In these cases, a list of credit values for specific off-cycle • A manufacturer requesting off-cycle manufacturer must provide EPA with a technologies that may be used beginning credits must develop a methodology for 1 proposed methodology for determining in model year 2014. This pathway demonstrating and determining the the real-world off-cycle benefit. allows manufacturers to use benefit of the off-cycle technology and Volkswagen has submitted an conservative credit values established carry out any necessary testing and application that describe methodologies by EPA for a wide range of technologies, analysis required to support that for determining off-cycle credits from with minimal data submittal or testing methodology. technologies described in their requirements, if the technologies meet • A manufacturer requesting off-cycle application. Pursuant to applicable EPA regulatory definitions. In cases credits must conduct testing and/or regulations, EPA is making these off- where the off-cycle technology is not on prepare engineering analyses that cycle credit calculation methodologies the menu but additional laboratory demonstrate the in-use durability of the available for public comment. testing can demonstrate emission technology for the full useful life of the benefits, a second pathway allows DATES: Comments must be received on vehicle. manufacturers to use a broader array of or before November 23, 2020. • The application must contain a emission tests (known as ‘‘5-cycle’’ detailed description of the off-cycle ADDRESSES: Submit your comments, testing because the methodology uses technology and how it functions to identified by Docket ID No. EPA–HQ– five different testing procedures) to reduce CO emissions under conditions OAR–2018–0575, to the Federal demonstrate and justify off-cycle CO 2 2 not represented on the compliance tests. eRulemaking Portal: http:// credits.2 The additional emission tests • The application must contain a list www.regulations.gov. Follow the online allow emission benefits to be instructions for submitting comments. demonstrated over some elements of of the vehicle model(s) which will be Once submitted, comments cannot be equipped with the technology. real-world driving not adequately • edited or withdrawn. The EPA may captured by the GHG compliance tests, The application must contain a publish any comment received to its including high speeds, hard detailed description of the test vehicles public docket. Do not submit accelerations, and cold temperatures. selected and an engineering analysis electronically any information you These first two methodologies were that supports the selection of those consider to be Confidential Business vehicles for testing. completely defined through notice and • Information (CBI) or other information comment rulemaking and therefore no The application must contain all whose disclosure is restricted by statute. additional process is necessary for testing and/or simulation data required Multimedia submissions (audio, video, manufacturers to use these methods. under the regulations, plus any other etc.) must be accompanied by a written The third and last pathway allows data the manufacturer has considered in comment. The written comment is the analysis. considered the official comment and 1 See 40 CFR 86.1869–12(b). should include discussion of all points 2 See 40 CFR 86.1869–12(c). 3 See 40 CFR 86.1869–12(d).
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Finally, the alternative methodology regulations. The off-cycle credit cdxnodengn.epa.gov/cdx-enepa-public/ must be approved by EPA prior to the applications submitted by the action/eis/search. manufacturer using it to generate manufacturer (with confidential EIS No. 20200206, Draft Supplement, credits. As part of the review process business information redacted) have NRCS, MO, East Locust Creek defined by regulation, the alternative been placed in the public docket (see Watershed Revised Plan, Comment methodology submitted to EPA for ADDRESSES section above) and on EPA’s Period Ends: 12/07/2020, Contact: consideration must be made available website at https://www.epa.gov/vehicle- Chris Hamilton 573–876–9416. for public comment.4 EPA will consider and-engine-certification/compliance- EIS No. 20200207, Final, BIA, CA, Tejon public comments as part of its final information-light-duty-greenhouse-gas- Trust Acquisition and Casino Project, decision to approve or deny the request ghg-standards. EPA is providing a 30- Review Period Ends: 11/23/2020, for off-cycle credits. day comment period on the applications Contact: Chad Broussard 916–978– II. Off-Cycle Credit Applications for off-cycle credits described in this 6165. notice, as specified by the regulations. EIS No. 20200208, Final, BLM, WY, Using the alternative methodology The manufacturers may submit a Final Resource Management Plan approach discussed above, Volkswagen written rebuttal of comments for EPA’s Amendments/Environmental Impact is applying for credits for model years consideration, or may revise an Statement Wyoming Pipeline Corridor 2016, 2017, 2018 and 2019 model years application in response to comments. Initiative, Review Period Ends: 11/23/ for off-cycle credits using the alternative After reviewing any public comments 2020, Contact: Heather Schultz 307– demonstration methodology pathway and any rebuttal of comments submitted 775–6084. for high-efficiency alternators. by manufacturers, EPA will make a final Automotive alternators convert Dated: October 19, 2020. decision regarding the credit requests. Cindy S. Barger, mechanical energy from a combustion EPA will make its decision available to engine into electrical energy that can be Director, NEPA Compliance Division, Office the public by placing a decision of Federal Activities. used to power a vehicle’s electrical document (or multiple decision systems. Alternators inherently place a documents) in the docket and on EPA’s [FR Doc. 2020–23482 Filed 10–22–20; 8:45 am] load on the engine, which results in website at the same manufacturer- BILLING CODE 6560–50–P
increased fuel consumption and CO2 specific pages shown above. While the emissions. High efficiency alternators broad methodologies used by these ENVIRONMENTAL PROTECTION use new technologies to reduce the manufacturers could potentially be used overall load on the engine yet continue AGENCY for other vehicles and by other to meet the electrical demands of the manufacturers, the vehicle specific data [EPA–HQ–OPP–2017–0750; FRL–10015–60] vehicle systems, resulting in lower fuel needed to demonstrate the off-cycle consumption and lower CO emissions. 2 emissions reductions would likely be Pesticide Registration Review; Some comments on EPA’s proposed rule different. In such cases, a new Proposed Interim Decision for for GHG standards for the 2016–2025 application would be required, Paraquat model years suggested that EPA provide including an opportunity for public a credit for high-efficiency alternators AGENCY: Environmental Protection comment. on the pre-defined list in the Agency (EPA). regulations. While EPA agreed that Dated: October 19, 2020. ACTION: Notice. high-efficiency alternators can reduce Byron Bunker, SUMMARY: This notice announces the electrical load and reduce fuel Director, Compliance Division, Office of consumption, and that these impacts are Transportation and Air Quality, Office of Air availability of EPA’s proposed interim not seen on the emission test procedures and Radiation. registration review decision and opens a because accessories that use electricity [FR Doc. 2020–23464 Filed 10–22–20; 8:45 am] 60-day public comment period on the proposed interim decision for paraquat. are turned off, EPA noted the difficulty BILLING CODE 6560–50–P in defining a one-size-fits-all credit due DATES: Comments must be received on to lack of data. Since then, however a or before December 22, 2020. methodology has been developed that ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, scales credits based on the efficiency of AGENCY identified by the docket identification the alternator; alternators with (ID) number for the specific pesticide of efficiency (as measured using an [ER–FRL–9053–5] interest provided in the Table in Unit accepted industry standard procedure) IV, by one of the following methods: above a baseline value could get credits. Environmental Impact Statements; • Federal eRulemaking Portal: http:// EPA has previously approved credits for Notice of Availability www.regulations.gov. Follow the online instructions for submitting comments. high-efficiency alternators using this Responsible Agency: Office of Federal Do not submit electronically any methodology for Ford Motor Company, Activities, General Information 202– information you consider to be General Motors Corporation, Fiat 564–5632 or https://www.epa.gov/nepa. Chrysler Automobiles, Hyundai, Kia, Confidential Business Information (CBI) and Toyota Motor Company. Details of Weekly receipt of Environmental Impact or other information whose disclosure is the testing and analysis can be found in Statements (EIS) restricted by statute. the manufacturer’s applications. Filed October 9, 2020 10 a.m. EST • Mail: OPP Docket, Environmental Through October 19, 2020 10 a.m. Protection Agency Docket Center (EPA/ III. EPA Decision Process EST DC), (28221T), 1200 Pennsylvania Ave. EPA has reviewed the applications for Pursuant to 40 CFR 1506.9. NW, Washington, DC 20460–0001. completeness and is now making the Notice: Section 309(a) of the Clean Air • Hand Delivery: To make special applications available for public review Act requires that EPA make public its arrangements for hand delivery or and comment as required by the comments on EISs issued by other delivery of boxed information, please Federal agencies. EPA’s comment letters follow the instructions at http:// 4 See 40 CFR 86.1869–12(d)(2). on EISs are available at: https:// www.epa.gov/dockets/contacts.html.
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Additional instructions on B. What should I consider as I prepare EPA is ensuring that each pesticide’s commenting or visiting the docket, my comments for EPA? registration is based on current along with more information about 1. Submitting CBI. Do not submit this scientific and other knowledge, dockets generally, is available at http:// information to EPA through including its effects on human health www.epa.gov/dockets. regulations.gov or email. Clearly mark and the environment. FOR FURTHER INFORMATION CONTACT: the part or all of the information that III. Authority For pesticide specific information, you claim to be CBI. For CBI contact: The Chemical Review Manager information on a disk or CD–ROM that EPA is conducting its registration for the pesticide of interest identified in you mail to EPA, mark the outside of the review of the chemicals listed in the the Table in Unit IV. disk or CD–ROM as CBI and then Table in Unit IV pursuant to section 3(g) For general information on the identify electronically within the disk or of the Federal Insecticide, Fungicide, registration review program, contact: CD–ROM the specific information that and Rodenticide Act (FIFRA) and the Melanie Biscoe, Pesticide Re-Evaluation is claimed as CBI. In addition to one Procedural Regulations for Registration Division (7508P), Office of Pesticide complete version of the comment that Review at 40 CFR part 155, subpart C. Programs, Environmental Protection includes information claimed as CBI, a Section 3(g) of FIFRA provides, among Agency, 1200 Pennsylvania Ave. NW, copy of the comment that does not other things, that the registrations of Washington, DC 20460–0001; telephone contain the information claimed as CBI pesticides are to be reviewed every 15 number: (703) 305–7106; email address: must be submitted for inclusion in the years. Under FIFRA, a pesticide product [email protected]. public docket. Information so marked may be registered or remain registered SUPPLEMENTARY INFORMATION: will not be disclosed except in only if it meets the statutory standard accordance with procedures set forth in I. General Information for registration given in FIFRA section 40 CFR part 2. 3(c)(5) (7 U.S.C. 136a(c)(5)). When used A. Does this action apply to me? 2. Tips for preparing your comments. in accordance with widespread and When preparing and submitting your commonly recognized practice, the This action is directed to the public comments, see the commenting tips at in general, and may be of interest to a pesticide product must perform its http://www.epa.gov/dockets/ intended function without unreasonable wide range of stakeholders including comments.html. environmental, human health, farm adverse effects on the environment; that worker, and agricultural advocates; the II. Background is, without any unreasonable risk to chemical industry; pesticide users; and Registration review is EPA’s periodic man or the environment, or a human members of the public interested in the review of pesticide registrations to dietary risk from residues that result sale, distribution, or use of pesticides. ensure that each pesticide continues to from the use of a pesticide in or on food. Since others also may be interested, the satisfy the statutory standard for IV. What action is the Agency taking? Agency has not attempted to describe all registration, that is, the pesticide can the specific entities that may be affected perform its intended function without Pursuant to 40 CFR 155.58, this notice by this action. If you have any questions unreasonable adverse effects on human announces the availability of EPA’s regarding the applicability of this action health or the environment. As part of proposed interim registration review to a particular entity, consult the the registration review process, the decision for the pesticide shown in Chemical Review Manager for the Agency has completed proposed interim Table 1 and opens a 60-day public pesticide of interest identified in the decisions for all pesticides listed in the comment period on the proposed Table in Unit IV. Table in Unit IV. Through this program, interim registration review decision.
TABLE 1—PROPOSED INTERIM DECISIONS
Registration review case name and No. Docket ID No. Chemical review manager and contact information
Paraquat Dichloride, Case Number 0262 ...... EPA–HQ–OPP–2011–0855 Ana Pinto, [email protected], (703) 347–8421.
The registration review docket for a comment, the Agency will issue interim received after the close of the comment pesticide includes earlier documents or final registration review decisions for period will be marked ‘‘late.’’ EPA is not related to the registration review case. the pesticides listed in Table 1 in Unit required to consider these late For example, the review opened with a IV. comments. Preliminary Work Plan, for public The registration review final rule at 40 The Agency will carefully consider all comment. A Final Work Plan was CFR 155.58(a) provides for a minimum comments received by the closing date placed in the docket following public 60-day public comment period on all and may provide a ‘‘Response to comment on the Preliminary Work Plan. proposed interim registration review Comments Memorandum’’ in the The documents in the dockets decisions. This comment period is docket. The interim registration review describe EPA’s rationales for conducting intended to provide an opportunity for decision will explain the effect that any additional risk assessments for the public input and a mechanism for comments had on the interim decision registration review of the pesticides initiating any necessary amendments to and provide the Agency’s response to included in the tables in Unit IV, as well the proposed interim decision. All significant comments. as the Agency’s subsequent risk findings comments should be submitted using Background on the registration review and consideration of possible risk the methods in ADDRESSES and must be program is provided at: http:// mitigation measures. These proposed received by EPA on or before the closing www.epa.gov/pesticide-reevaluation. interim registration review decisions are date. These comments will become part supported by the rationales included in of the docket for the pesticides included (Authority: 7 U.S.C. 136 et seq.) those documents. Following public in the Tables in Unit IV. Comments
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Dated: October 6, 2020. number: (703) 305–7090, email address: comment on these applications. Notice Mary Reaves, [email protected]. The mailing of receipt of these applications does not Acting Director, Pesticide Re-Evaluation address for each contact person is: imply a decision by the Agency on these Division, Office of Pesticide Programs. Office of Pesticide Programs, applications. Environmental Protection Agency, 1200 [FR Doc. 2020–23500 Filed 10–22–20; 8:45 am] Notice of Receipts—New Uses BILLING CODE 6560–50–P Pennsylvania Ave. NW, Washington, DC 20460–0001. As part of the mailing 1. EPA Registration Number: 1021– address, include the contact person’s 1603. Docket ID number: EPA–HQ– ENVIRONMENTAL PROTECTION name, division, and mail code. The OPP–2020–0512. Applicant: AGENCY division to contact is listed at the end McLaughlin Gormley King Company D/ of each application summary. B/A MGK, 8810 10th Avenue North, [EPA–HQ–OPP–2020–0052; FRL–10015–87] SUPPLEMENTARY INFORMATION: Minneapolis, MN 55427–4319. Active Ingredient: Pyriproxyfen. Product type: Pesticide Product Registration; I. General Information Receipt of Applications for New Uses Insecticide. Proposed Uses: Eggs, (September 2020) A. Does this action apply to me? Poultry (except poultry fat) and Poultry, fat. Contact: RD. AGENCY: Environmental Protection You may be potentially affected by 2. EPA Registration Number: 1021– Agency (EPA). this action if you are an agricultural 2827. Docket ID number: EPA–HQ– producer, food manufacturer, or ACTION: Notice. OPP–2020–0511. Applicant: pesticide manufacturer. The following McLaughlin Gormley King Company D/ SUMMARY: EPA has received applications list of North American Industrial B/A MGK, 8810 10th Avenue North, to register new uses for pesticide Classification System (NAICS) codes is Minneapolis, MN 55427–4319. Active products containing currently registered not intended to be exhaustive, but rather Ingredient: Clothianidin. Product type: active ingredients. Pursuant to the provides a guide to help readers Insecticide. Proposed Use: Food Federal Insecticide, Fungicide, and determine whether this document Handling Establishments. Contact: RD. Rodenticide Act (FIFRA), EPA is hereby applies to them. Potentially affected 3. EPA Registration Numbers: 66330– providing notice of receipt and entities may include: 39 and 66330–38. Docket ID number: opportunity to comment on these • Crop production (NAICS code 111). • EPA–HQ–OPP–2020–0475. Applicant: applications. Animal production (NAICS code IR–4 Project Headquarters, Rutgers, The 112). DATES: Comments must be received on • State University of New Jersey, 500 Food manufacturing (NAICS code College Road East, Suite 201W, or before November 23, 2020. 311). ADDRESSES: Submit your comments, Princeton, NJ 08540. Active ingredient: identified by the docket identification B. What should I consider as I prepare Acequinocyl. Product type: Insecticide. (ID) number and the File Symbol of the my comments for EPA? Proposed Use: Tropical and subtropical, medium to large fruit, smooth, inedible EPA registration Number of Interest as 1. Submitting CBI. Do not submit this peel subgroup 24B. Contact: RD. shown in the body of this document, by information to EPA through one of the following methods: regulations.gov or email. Clearly mark Authority: 7 U.S.C. 136 et seq. • Federal eRulemaking Portal: http:// the part or all of the information that Dated: October 8, 2020. www.regulations.gov. Follow the online you claim to be CBI. For CBI Delores Barber, instructions for submitting comments. information in a disk or CD–ROM that Director, Information Technology and Do not submit electronically any you mail to EPA, mark the outside of the Resources Management Division, Office of information you consider to be disk or CD–ROM as CBI and then Pesticide Programs. Confidential Business Information (CBI) identify electronically within the disk or [FR Doc. 2020–23507 Filed 10–22–20; 8:45 am] or other information whose disclosure is CD–ROM the specific information that BILLING CODE 6560–50–P restricted by statute. is claimed as CBI. In addition to one • Mail: OPP Docket, Environmental complete version of the comment that Protection Agency Docket Center (EPA/ includes information claimed as CBI, a ENVIRONMENTAL PROTECTION DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not AGENCY NW, Washington, DC 20460–0001. contain the information claimed as CBI • [EPA–HQ–OPP–2017–0751; FRL–10015–68] Hand Delivery: To make special must be submitted for inclusion in the arrangements for hand delivery or public docket. Information so marked Pesticide Registration Review; Interim delivery of boxed information, please will not be disclosed except in follow the instructions at https:// Decisions for Several Pesticides; accordance with procedures set forth in Notice of Availability www.epa.gov/dockets/where-send- 40 CFR part 2. comments-epa-dockets. 2. Tips for preparing your comments. AGENCY: Environmental Protection Due to the public health concerns When preparing and submitting your Agency (EPA). related to COVID–19, the EPA Docket comments, see the commenting tips at ACTION: Notice. Center (EPA/DC) and Reading Room is https://www.epa.gov/dockets/ closed to visitors with limited commenting-epa-dockets. SUMMARY: This notice announces the exceptions. The staff continues to availability of EPA’s interim and final provide remote customer service via II. Registration Applications registration review decisions for the email, phone, and webform. For the EPA has received applications to following chemicals: Bacillus latest status information on EPA/DC register new uses for pesticide products thuringiensis plant-incorporated services and docket access, visit https:// containing currently registered active protectants in cotton—Lepidopteran www.epa.gov/dockets. ingredients. Pursuant to the provisions pests, bifenthrin, boscalid, chlorine gas, FOR FURTHER INFORMATION CONTACT: of FIFRA section 3(c)(4) (7 U.S.C. Coniothyrium species, cyfluthrin and Marietta Echeverria, Registration 136a(c)(4)), EPA is hereby providing beta-cyfluthrin, cyphenothrin, Division (7505P), main telephone notice of receipt and opportunity to cyproconazole, deltamethrin,
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esfenvalerate, ethoxyquin, etoxazole, B. How can I access the decision registration is based on current fenpropathrin, flower oils, fluazifop-P- documents and other related scientific and other knowledge, butyl, Fluopicolide (ID Amendment), information? including its effects on human health Gliocladium species, gonadotropin The docket for this action, identified and the environment. releasing hormone (GnRH), imiprothrin, by the docket identification (ID) number III. Authority MCPA, mecoprop-p, methyl bromide, for the specific pesticide of interest as permethrin, phenol and salt, provided in the Table in Unit IV., is EPA is conducting its registration phenothrin, pinoxaden, prallethrin, available at http://www.regulations.gov review of the chemicals listed in the pymetrozine, pyraclostrobin, pyraflufen- or at the Office of Pesticide Programs Table in Unit IV pursuant to section 3(g) ethyl, tau-fluvalinate, tefluthrin, Regulatory Public Docket (OPP Docket) terbuthylazine, tetramethrin, of the Federal Insecticide, Fungicide, in the Environmental Protection Agency and Rodenticide Act (FIFRA) and the thiabendazole and salts, vegetable oils. Docket Center (EPA/DC), West William FOR FURTHER INFORMATION CONTACT: Procedural Regulations for Registration Jefferson Clinton Bldg., Rm. 3334, 1301 Review at 40 CFR part 155, subpart C. For pesticide specific information, Constitution Ave. NW, Washington, DC contact: The Chemical Review Manager Section 3(g) of FIFRA provides, among 20460–0001. other things, that the registrations of for the pesticide of interest identified in Please note that due to the public the Table in Unit IV. health emergency the EPA Docket pesticides are to be reviewed every 15 For general information on the Center (EPA/DC) and Reading Room years. Under FIFRA, a pesticide product registration review program, contact: was closed to public visitors on March may be registered or remain registered Melanie Biscoe, Pesticide Re-Evaluation 31, 2020. Our EPA/DC staff will only if it meets the statutory standard Division (7508P), Office of Pesticide continue to provide customer service for registration given in FIFRA section Programs, Environmental Protection via email, phone, and webform. For 3(c)(5) (7 U.S.C. 136a(c)(5)). When used Agency, 1200 Pennsylvania Ave. NW, further information on EPA/DC services, in accordance with widespread and Washington, DC 20460–0001; telephone docket contact information and the commonly recognized practice, the number: (703) 305–7106; email address: current status of the EPA/DC and pesticide product must perform its [email protected]. Reading Room, please visit https:// intended function without unreasonable SUPPLEMENTARY INFORMATION: www.epa.gov/dockets. adverse effects on the environment; that is, without any unreasonable risk to I. General Information II. Background man or the environment, or a human A. Does this action apply to me? Registration review is EPA’s periodic dietary risk from residues that result This action is directed to the public review of pesticide registrations to from the use of a pesticide in or on food. in general, and may be of interest to a ensure that each pesticide continues to wide range of stakeholders including satisfy the statutory standard for IV. What action is the Agency taking? environmental, human health, farm registration, that is, the pesticide can Pursuant to 40 CFR 155.58, this notice worker, and agricultural advocates; the perform its intended function without chemical industry; pesticide users; and unreasonable adverse effects on human announces the availability of EPA’s members of the public interested in the health or the environment. As part of interim and final registration review sale, distribution, or use of pesticides. the registration review process, the decisions for the pesticides shown in Since others also may be interested, the Agency has completed interim decisions the following table. The interim Agency has not attempted to describe all for all pesticides listed in the Table in registration review decisions are the specific entities that may be affected Unit IV. Through this program, EPA is supported by rationales included in the by this action. ensuring that each pesticide’s docket established for each chemical.
TABLE—REGISTRATION REVIEW INTERIM AND FINAL DECISIONS BEING ISSUED
Registration review case name and No. Docket ID No. Chemical review manager and contact information
Bacillus thuringiensis, Plant-incorporated EPA–HQ–OPP–2016–0475 Michael Glikes, [email protected], (703) 305–6231. Protectants in Cotton—Lepidopteran Pests, Case Number 6504. Bifenthrin, Case Number 7402 ...... EPA–HQ–OPP–2010–0384 Andrew Muench, [email protected], (703) 347–8263. Boscalid, Case Number 7039 ...... EPA–HQ–OPP–2014–0199 Lauren Weissenborn, [email protected], (703) 347– 8601. Chlorine gas, Case Number 4022 ...... EPA–HQ–OPP–2010–0242 Daniel Halpert, [email protected], (703) 347–0133. Coniothyrium species, Case Number 6022 ...... EPA–HQ–OPP–2013–0259 Daniel Schoeff, [email protected], (703) 347–0143. Cyfluthrin and beta-Cyfluthrin, Case Number EPA–HQ–OPP–2010–0684 Michelle Nolan, [email protected], (703) 347–0258. 7405. Cyphenothrin, Case Number 7412 ...... EPA–HQ–OPP–2009–0842 Theodore Varns, [email protected], (703) 347–8589. Cyproconazole, Case Number 7011 ...... EPA–HQ–OPP–2015–0462 Carolyn Smith, [email protected], (703) 347–8325. Deltamethrin, Case Number 7414 ...... EPA–HQ–OPP–2009–0637 Samantha Thomas, [email protected], (703) 347– 0514. Esfenvalerate, Case Number 7406 ...... EPA–HQ–OPP–2009–0301 Carolyn Smith, [email protected], (703) 347–8325. Ethoxyquin, Case Number 0003 ...... EPA–HQ–OPP–2014–0780 Matthew B. Khan, [email protected], (703) 347–8613. Etoxazole, Case 7616 ...... EPA–HQ–OPP–2014–0133 Rachel Fletcher, [email protected], (703) 347–0512. Fenpropathrin, Case Number 7601 ...... EPA–HQ–OPP–2010–0422 Robert Little, [email protected], (703) 347–8156. Flower Oils, Case Number 8202 ...... EPA–HQ–OPP–2011–0628 Cody Kendrick, [email protected], (703) 347–0468. Fluazifop-P-butyl, Case Number 2285 ...... EPA–HQ–OPP–2014–0779 Jonathan Williams, [email protected], (703) 347– 0670. Fluopicolide (Amendment), Case Number 7055 EPA–HQ–OPP–2013–0037 Matthew B. Khan, [email protected], (703) 347–8613. Gliocladium species, Case Number 6020 ...... EPA–HQ–OPP–2010–0439 Joseph Mabon, [email protected], (703) 347–0177.
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TABLE—REGISTRATION REVIEW INTERIM AND FINAL DECISIONS BEING ISSUED—Continued
Registration review case name and No. Docket ID No. Chemical review manager and contact information
Gonadotropin Releasing Hormones (GnRH), EPA–HQ–OPP–2018–0798 Jaclyn Pyne, [email protected], (703) 347–0455. Case Number 7800. Imiprothrin, Case Number 7426 ...... EPA–HQ–OPP–2011–0692 Robert Little, [email protected], (703) 347–8156. MCPA, Case Number 0017 ...... EPA–HQ–OPP–2014–0180 Steven R. Peterson, [email protected], (703) 347– 0755. Mecoprop-p, Case Number 0377 ...... EPA–HQ–OPP–2014–0361 Carolyn Smith, [email protected], (703) 347–8325. Methyl Bromide, Case Number 0335 ...... EPA–HQ–OPP–2013–0269 Tiffany Green, [email protected], (703) 347–0314. Permethrin, Case Number 2510 ...... EPA–HQ–OPP–2011–0039 Ana Pinto, [email protected], (703) 347–8421. Phenol and Salt, Case Number 4074 ...... EPA–HQ–OPP–2012–0810 Peter Bergquist, [email protected], (703) 347–8563. Phenothrin, Case Number 0426 ...... EPA–HQ–OPP–2011–0539 Alexandra Feitel, [email protected], (703) 347–8631. Pinoxaden, Case Number 7266 ...... EPA–HQ–OPP–2015–0603 Christina Scheltema, [email protected], (703) 308– 2201. Prallethrin, Case Number 7418 ...... EPA–HQ–OPP–2011–1009 Marisa Wright, [email protected], (703) 347–0463. Pymetrozine, Case Number 7474 ...... EPA–HQ–OPP–2013–0368 Carolyn Smith, [email protected], (703) 347–8325. Pyraclostrobin, Case Number 7034 ...... EPA–HQ–OPP–2014–0051 Rachel Eberius, [email protected], (703) 347–0492. Pyraflufen-ethyl, Case Number 7259 ...... EPA–HQ–OPP–2014–0415 Ana Pinto, [email protected], (703) 347–8421. Tau-fluvalinate, Case Number 2295 ...... EPA–HQ–OPP–2010–0915 Alexander Hazlehurst, [email protected], (703) 347–0221. Tefluthrin, Case Number 7409 ...... EPA–HQ–OPP–2012–0501 Carolyn Smith, [email protected], (703) 347–8325. Terbuthylazine, Case Number 2645 ...... EPA–HQ–OPP–2010–0453 Rame Cromwell, [email protected], (703) 308–9068. Tetramethrin, Case Number 2660 ...... EPA–HQ–OPP–2011–0907 Anna Romanovsky, [email protected], (703) 347– 0203. Thiabendazole and Salts, Case Number 2670 ... EPA–HQ–OPP–2014–0175 Kent Fothergill, [email protected], (703) 347–8299. Vegetable Oils, Case Number 8201 ...... EPA–HQ–OPP–2009–0904 Bibiana Oe, [email protected], (703) 347–8162.
The proposed interim registration FEDERAL COMMUNICATIONS The FCC may not conduct or sponsor a review decisions for the chemicals in COMMISSION collection of information unless it displays a currently valid control the table above were posted to the [OMB 3060–0584; FRS 17170] docket and the public was invited to number. No person shall be subject to submit any comments or new Information Collection Being Reviewed any penalty for failing to comply with information. EPA addressed the by the Federal Communications a collection of information subject to the comments or information received Commission Under Delegated PRA that does not display a valid Office during the 60-day comment period for Authority of Management and Budget (OMB) the proposed interim decisions in the control number. AGENCY: Federal Communications DATES: Written PRA comments should discussion for each pesticide listed in Commission. the table. Comments from the 60-day be submitted on or before December 22, ACTION: Notice and request for comment period that were received may 2020. If you anticipate that you will be comments. or may not have affected the Agency’s submitting comments, but find it interim decision. Pursuant to 40 CFR SUMMARY: As part of its continuing effort difficult to do so within the period of 155.58(c), the registration review case to reduce paperwork burdens, and as time allowed by this notice, you should docket for the chemicals listed in the required by the Paperwork Reduction advise the contact listed below as soon as possible. Table will remain open until all actions Act (PRA) of 1995, the Federal required in the interim decision have Communications Commission (FCC or ADDRESSES: Direct all PRA comments to been completed. the Commission) invites the general Nicole Ongele, FCC, via email PRA@ public and other Federal agencies to fcc.gov and to [email protected]. Background on the registration review take this opportunity to comment on the FOR FURTHER INFORMATION CONTACT: For program is provided at: http:// following information collection. additional information about the www.epa.gov/pesticide-reevaluation. Comments are requested concerning: information collection, contact Nicole Authority: 7 U.S.C. 136 et seq. Whether the proposed collection of Ongele at (202) 418–2991. Dated: October 7, 2020. information is necessary for the proper OMB Control Number: 3060–0584. performance of the functions of the Title: Administration of U.S. Certified Mary Reaves, Commission, including whether the Accounting Authorities in Maritime Acting Director, Pesticide Re-Evaluation information shall have practical utility; Mobile and Maritime Mobile-Satellite Division, Office of Pesticide Programs. the accuracy of the Commission’s Radio Services, FCC Forms 44 and 45. [FR Doc. 2020–23504 Filed 10–22–20; 8:45 am] burden estimate; ways to enhance the Form Number: FCC Form 44 and FCC BILLING CODE 6560–50–P quality, utility, and clarity of the Form 45. information collected; ways to minimize Type of Review: Extension a currently the burden of the collection of approved collection. information on the respondents, Respondents: Business or other for- including the use of automated profit. collection techniques or other forms of Number of Respondents and information technology; and ways to Responses: 10 respondents and 22 further reduce the information responses. collection burden on small business Estimated Time per Response: 1 concerns with fewer than 25 employees. hour–3 hours.
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Frequency of Response: On occasion, immediate inspection at the Federal Board, if any, are available for annually and semi-annually reporting Reserve Bank(s) indicated below and at immediate inspection at the Federal requirements; annual recordkeeping the offices of the Board of Governors. Reserve Bank(s) indicated below and at requirement. This information may also be obtained the offices of the Board of Governors. Obligation to Respond: Mandatory. on an expedited basis, upon request, by This information may also be obtained Statutory authority for this information contacting the appropriate Federal on an expedited basis, upon request, by collection is contained in 47 U.S.C. Reserve Bank and from the Board’s contacting the appropriate Federal 154(i), 154(j), 161, 201–205, and 303(r). Freedom of Information Office at Reserve Bank and from the Board’s Total Annual Burden: 24 hours. https://www.federalreserve.gov/foia/ Freedom of Information Office at Total Annual Cost: $225,000. request.htm. Interested persons may https://www.federalreserve.gov/foia/ Privacy Act Impact Assessment: No express their views in writing on the request.htm. Interested persons may impact(s). standards enumerated in the BHC Act express their views in writing on the Nature and Extent of Confidentiality: (12 U.S.C. 1842(c)). standards enumerated in the BHC Act Respondents concerned about Comments regarding each of these (12 U.S.C. 1842(c)). disclosure of sensitive information in applications must be received at the Comments regarding each of these any submissions to the Commission Reserve Bank indicated or the offices of applications must be received at the may request confidential treatment the Board of Governors, Ann E. Reserve Bank indicated or the offices of pursuant to 47 CFR 0.459 of the Misback, Secretary of the Board, 20th the Board of Governors, Ann E. Commission’s rules. Street and Constitution Avenue NW, Misback, Secretary of the Board, 20th Needs and Uses: The Commission Washington, DC 20551–0001, not later Street and Constitution Avenue NW, will submit this information collection than November 23, 2020. Washington, DC 20551–0001, not later to the Office of Management and Budget A. Federal Reserve Bank of than November 23, 2020. (OMB) after this 60-day comment period Philadelphia (William Spaniel, Senior A. Federal Reserve Bank of Chicago in order to obtain the full three-year Vice President) 100 North 6th Street, (Colette A. Fried, Assistant Vice clearance from them. Philadelphia, Pennsylvania 19105– President) 230 South LaSalle Street, The FCC has standards for accounting 1521. Comments can also be sent Chicago, Illinois 60690–1414: authorities in the maritime mobile and electronically to 1. First Secure Bank Group, Inc., maritime-satellite radio services. The [email protected]: Sugar Grove, Illinois, to acquire Wonder Commission will use the information to 1. William Penn Bancorporation, Bancorp, Inc., and thereby indirectly determine eligibility of applicants for Bristol, Pennsylvania; to become a bank acquire State Bank, both of Wonder certification as an accounting authority, holding company by acquiring the Lake, Illinois. to monitor activity, to ensure voting shares of William Penn Bank, Bristol, Pennsylvania, in connection Board of Governors of the Federal Reserve compliance, and to identify accounting System, October 20, 2020. authorities to the International with the merger of William Penn, MHC, Bristol, Pennsylvania, a state chartered Yao-Chin Chao, Telecommunications Union. Assistant Secretary of the Board. Respondents are entities seeking mutual bank holding company certification or those already certified to converting from the mutual to the stock [FR Doc. 2020–23542 Filed 10–22–20; 8:45 am] be accounting authorities. form, with and into William Penn BILLING CODE P Bancorporation. Federal Communications Commission. Board of Governors of the Federal Reserve Marlene Dortch, System, October 20, 2020. FEDERAL TRADE COMMISSION Secretary, Office of the Secretary. Yao-Chin Chao, [FR Doc. 2020–23458 Filed 10–22–20; 8:45 am] Assistant Secretary of the Board. Agency Information Collection BILLING CODE 6712–01–P Activities; Submission for OMB [FR Doc. 2020–23543 Filed 10–22–20; 8:45 am] Review; Comment Request BILLING CODE P AGENCY: Federal Trade Commission FEDERAL RESERVE SYSTEM (‘‘FTC’’ or ‘‘Commission’’). FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and ACTION: Notice. Mergers of Bank Holding Companies Formations of, Acquisitions by, and SUMMARY: The information collection Mergers of Bank Holding Companies The companies listed in this notice requirements described below will be have applied to the Board for approval, The companies listed in this notice submitted to the Office of Management pursuant to the Bank Holding Company have applied to the Board for approval, and Budget (‘‘OMB’’) for review, as Act of 1956 (12 U.S.C. 1841 et seq.) pursuant to the Bank Holding Company required by the Paperwork Reduction (BHC Act), Regulation Y (12 CFR part Act of 1956 (12 U.S.C. 1841 et seq.) Act (‘‘PRA’’). The FTC seeks public 225), and all other applicable statutes (BHC Act), Regulation Y (12 CFR part comments on proposed information and regulations to become a bank 225), and all other applicable statutes requests sent pursuant to compulsory holding company and/or to acquire the and regulations to become a bank process to a combined ten or more of the assets or the ownership of, control of, or holding company and/or to acquire the largest domestic cigarette manufacturers the power to vote shares of a bank or assets or the ownership of, control of, or and smokeless tobacco manufacturers. bank holding company and all of the the power to vote shares of a bank or The information sought would include, banks and nonbanking companies bank holding company and all of the among other things, data on annual owned by the bank holding company, banks and nonbanking companies sales and marketing expenditures. The including the companies listed below. owned by the bank holding company, current FTC clearance from the Office of The public portions of the including the companies listed below. Management and Budget (‘‘OMB’’) to applications listed below, as well as The public portions of the conduct such information collection other related filings required by the applications listed below, as well as expires December 31, 2020. The Board, if any, are available for other related filings required by the Commission intends to ask OMB for
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renewed three-year clearance to collect provide ‘‘critical data to researchers, The Commission has not included those this information. policymakers, advocates and the general data in its Cigarette and Smokeless DATES: Comments on the proposed public.’’ CTFK additionally observed: Tobacco Reports, and has therefore information requests must be received The FTC is currently the only public decided to cease collecting this on or before November 23, 2020. source for data on cigarette and smokeless information. ADDRESSES: Written comments and tobacco companies’ marketing and Regarding CTFK’s suggestion to recommendations for the proposed promotional expenditures. No other agency publish reports within one year of data information collection should be sent collects and publishes such information collection, the Commission always within 30 days of publication of this directly from the companies, making the FTC strives to publish the Cigarette and reports the most accurate and reliable notice to www.reginfo.gov/public/do/ Smokeless Tobacco Reports as quickly assessment of tobacco marketing and as possible. It takes the recipients of its PRAMain. Find this particular promotion expenditures available. information collection by selecting 6(b) Orders time to submit their reports ‘‘Currently under 30-day Review—Open CTFK at 1. CTFK, however, suggested and they may request extensions, such as this year due to the COVID–19 for Public Comments’’ or by using the certain modifications to the pandemic. After reviewing the resulting search function. The reginfo.gov web Commission’s reports. Specifically, reports, staff often has to go back to one link is a United States Government CTFK recommended that the or more of the 6(b) Order recipients for website produced by OMB and the Commission: (1) Clarify in which clarifications and corrections. The data General Services Administration (GSA). category coupons that consumers obtain also requires analysis, and the reports Under PRA requirements, OMB’s Office online are to be counted; (2) report data require writing and review and approval of Information and Regulatory Affairs on a company-specific or brand-specific at multiple levels. The Commission (OIRA) reviews Federal information basis, rather than on a fully-aggregated does in fact usually publish the collections. basis; (3) require manufacturers to report expenditures related to corporate Cigarette and Smokeless Tobacco FOR FURTHER INFORMATION CONTACT: sponsorships and advertisements; and Reports well within a year of when the Requests for additional information or (4) publish reports within one year of data is first submitted. copies of the proposed collection of data collection. Id. at 2. CTFK also II. ALA information should be addressed to requested that the FTC extend its data Michael Ostheimer, Division of collection to include electronic The ALA comment stated that the Advertising Practices, Bureau of cigarettes (‘‘e-cigarettes’’) and cigars.1 Commission’s Cigarette and Smokeless Consumer Protection, Federal Trade The Commission’s proposed Orders Tobacco Reports provide ‘‘valuable Commission, 600 Pennsylvania Avenue clarify that expenditures on coupons information on cigarette and smokeless NW, Mailstop CC–10507, Washington, delivered online should be reported tobacco products sales and marketing DC 20580, (202) 326–2699. together with coupons delivered by that is used on an ongoing basis in the SUPPLEMENTARY INFORMATION: other means. The full impact of Lung Association’s education and Title: FTC Cigarette and Smokeless couponing by the major cigarette and public policy activities related to Tobacco Data Collection. smokeless tobacco manufacturers can preventing and reducing tobacco use.’’ OMB Control Number: 3084–0134. only be seen if expenditures for all ALA at 1. ALA additionally observed: Type of Review: Extension of a coupons are reported together, These data are also important for public currently approved collection. regardless of how those coupons are health officials and other organizations On June 25, 2020, the FTC sought delivered to consumers. working to reduce the terrible burden caused public comment on the information by tobacco. By understanding how much Regarding CTFK’s suggestion that data tobacco companies spend on marketing and collection requirements associated with be reported on other than a fully- the Cigarette and Smokeless Tobacco the distribution channels they use, it allows aggregated, nationwide basis, the public health officials to determine where Data Collection. 85 FR 38139. Four cigarette and smokeless tobacco and how best to deliver tobacco prevention germane comments were received. companies assert that those data are and cessation messages. Pursuant to the OMB regulations, 5 CFR confidential and, as CTFK Id. part 1320, that implement the PRA, 44 acknowledges, the Commission cannot U.S.C. 3501 et seq., the FTC is providing publicly release trade secrets or certain III. Truth Initiative this second opportunity for public commercial or financial information. Id. Truth Initiative’s comment stressed comment while seeking OMB approval at 2, n.2. the critical importance and utility of the to renew the pre-existing clearance for The Commission has for a number of Cigarette and Smokeless Tobacco the Cigarette and Smokeless Tobacco years required the recipients of its 6(b) reports. Truth Initiative at 1. It said that Data Collection. Orders to report certain expenditures the reports provide information that is In response to the June 25, 2020 related to corporate sponsorships and not available elsewhere and is not Notice, the Commission received advertisements made in the name of the duplicative of other data collections. Id. comments from the Campaign for company, rather than any of its brands.2 Truth Initiative believes the reports Tobacco-Free Kids (‘‘CTFK’’), the often provide the basis for strong public American Lung Association (‘‘ALA’’), 1 Two other commenters, ALA and Truth health policies with regard to tobacco Truth Initiative, and Altria Client Initiative, made the same suggestion. The collection use and marketing and such policies Services (‘‘Altria’’). of data regarding e-cigarettes or cigars is beyond the scope of this proposed collection. Note though that save lives. Id. I. CTFK the FTC has a separate ongoing study on e- Truth Initiative, however, suggested cigarettes. See FTC Press Release, FTC to Study E- certain modifications to the The CTFK comment specifically Cigarette Manufacturers’ Sales, Advertising, and noted the utility and importance of the Promotional Methods (Oct. 3, 2019), https:// limited to, concerts and sporting events) bearing or Commission’s Cigarette and Smokeless www.ftc.gov/news-events/press-releases/2019/10/ otherwise displaying the name of the Company or Tobacco Reports, and urged the agency ftc-study-e-cigarette-manufacturers-sales- any variation thereof but not bearing or otherwise advertising-promotional. to continue collecting and reporting displaying the name, logo, or an image of any 2 Both the cigarette and smokeless tobacco Orders portion of the package’’ of any of its cigarettes or industry sales and marketing required the recipients to report expenditures on smokeless tobacco products, or otherwise referring expenditure data, which CTFK stated ‘‘public entertainment events (including, but not to those products.
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Commission’s reports. Specifically, popularity of flavored smokeless data collection, the FTC can modify or Truth Initiative recommended that the tobacco, especially among youth (id. at cease its collection. Commission: (1) Collect information 4), and the Commission’s collection of Altria contends that the Commission regarding heated tobacco products with flavor information regarding cigarettes underestimates its burden in responding its cigarette Orders; (2) collect (and recently e-cigarettes), the to the FTC’s information collection and information regarding low nicotine Commission will modify its smokeless that its burden is ‘‘far longer than 180 cigarettes; (3) reinstate previously asked tobacco 6(b) Orders to seek information hours.’’ The Commission’s burden questions requesting lists of new and regarding the flavors of smokeless estimate of 180 hours was an average for discontinued cigarette products; (4) tobacco products. the nine largest recipients of the collect information regarding nicotine The Commission believes that its Commission’s information request. The pouches and lozenges that do not product placement questions that ask recipients vary greatly in size, in the contain tobacco; (5) collect information about ‘‘motion picture(s)’’ and number of products that they sell, and regarding the flavors of smokeless ‘‘television show(s)’’ cover ‘‘original in the extent and variety of their tobacco products; (6) clarify that shows streamed via the internet.’’ On advertising and promotion. Our burden streaming shows are included in the other hand, the Commission sees no estimate clearly stated that the very questions about product placement; (7) harm in clarifying that is the case and largest recipients might require define ‘‘youth’’ as persons younger than intends to do so. hundreds of hours. Altria, which owns 18 years of age and ‘‘underage’’ as The Truth Initiative correctly points Philip Morris USA and the U.S. persons younger than 21 years of age. Id. out that the federal minimum age to Smokeless Tobacco Co., says on its at 2–6. purchase tobacco is now 21. Id. at 6. website that its ‘‘tobacco companies The Commission agrees that heated, The Commission will use the term . . . have been the undisputed market non-combusted tobacco products are an ‘‘underage persons’’ in lieu of ‘‘youth’’ leaders in the U.S. tobacco industry for important emerging segment of the in its 6(b) Orders and define ‘‘underage decades.’’ 3 Altria’s comment is tobacco market. The Commission plans persons’’ as persons younger than 21 consistent with the number of hours to monitor these products and will years of age. that its Philip Morris subsidiary consider whether and how best to IV. Altria previously told FTC staff that it spent collect information about these products Altria stated that the Commission complying with the Commission’s when the market has further developed cigarette Order. All the other tobacco to make such information collection should no longer collect any information from cigarette and companies that responded to the FTC warranted. staff’s latest inquiries reported spending As for Truth Initiative’s suggestion smokeless tobacco manufacturers ‘‘due to the Food and Drug Administration’s substantially fewer hours. We also note that the Commission collect information that Altria is the recipient of two 6(b) regarding low-nicotine cigarette . . . extensive, active regulatory Orders, one for cigarettes and one for products, none of the current recipients authority over tobacco products under smokeless tobacco. To err on the side of of the cigarette Orders sell such the Family Smoking Prevention and caution, the Commission will increase products. The Commission’s Cigarette Tobacco Control Act.’’ Altria at 1. its burden estimate from 1,980 hours to Reports focus on the largest cigarette Because FDA has the authority to 2,940 hours. manufacturers and do not attempt to require tobacco product manufacturers present a complete picture of the to submit additional information to Burden Statement cigarette market. There are numerous promulgate additional regulations regarding advertising and promotion of Estimated Annual Burden: 2,940 smaller manufacturers and importers of hours.4 cigarettes to which the Commission tobacco products, Altria calls the Estimated Number of Respondents: 15 does not direct its cigarette Orders. The Commission’s collections ‘‘superfluous’’ 6(b) recipients (maximum).5 Commission does not intend, at this and unnecessary ‘‘burdens.’’ Id. at 2. Altria also contends that ‘‘responding to time, to seek information specifically 3 See www.altria.com/about- regarding low nicotine cigarettes or to FTC’s collection requests requires altria?src=megaspotlight. direct an Order to the one company that several full-time employees (across 4 The Commission intends to use this PRA has expressed an intention in marketing multiple departments and operating clearance renewal to collect information from the such products. companies) to spend weeks compiling companies concerning their marketing and sales data, revising reports, and reviewing activities for the years 2021, 2022, and 2023. The In 2017, the Commission determined Commission expects to issue compulsory process that it no longer needed lists of ledgers before preparing for submission orders seeking this information annually, but it is cigarettes first sold or discontinued in a to FTC’’ and that this effort takes ‘‘far possible that orders might not be issued in any calendar year and it does not see a longer than 180 hours’’ estimated by the given year and that orders seeking information for Commission as the ‘‘average annual two years would be issued the next year. The sufficient basis to revisit that decision. figures set forth in this notice for the estimated As the Truth Initiative notes, nicotine burden on manufacturers.’’ Id. at 2. hours and labor costs associated with this pouches and lozenges are currently The FTC staff and FDA staff have a information collection represent average annual being marketed by some of the major long tradition of working together on the burden over the course of the prospective PRA smokeless tobacco companies, and are many areas where the two agencies clearance. 5 Since three and possibly more of these 6(b) an important emerging segment of the share jurisdiction. However, since the recipients are parent companies that have tobacco market. Id. at 4. The FDA is not collecting cigarette or separately incorporated subsidiaries or affiliates Commission will add a question to its smokeless tobacco sales and marketing that the FTC anticipates or expects that the parent smokeless tobacco Orders about total expenditure data like that required by companies will transmit the collection instrument to and seek information from, the proposal to send unit and dollar sales of these products the Commission’s 6(b) Orders, there is up to 15 6(b) Orders could equate to 20 ‘‘persons’’ to help the agency assess whether no overlap or duplication with respect under the PRA. See 5 CFR 1320.3(c)(4) (‘‘[ten or collection of more complete information to such data. The Commission intends more persons] . . . refers to the persons to whom about such products would be to continue collecting cigarette and a collection of information is addressed by the agency within any 12-month period, and to any warranted. smokeless tobacco sales and marketing independent entities to which the initial addressee Given the information presented by expenditure data. To the extent that in may reasonably be expected to transmit the the Truth Initiative regarding the the future FDA duplicates the FTC’s Continued
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These estimates include any time DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To spent by separately incorporated HUMAN SERVICES request more information on the subsidiaries and other entities affiliated proposed project or to obtain a copy of with the ultimate parent companies that Centers for Disease Control and the information collection plan and receive the information requests. Prevention instruments, contact Jeffrey M. Zirger, Estimated Average Burden per Year [60Day–21–0728; Docket No. CDC–2020– Information Collection Review Office, Per Request: 196 hours. 0096] Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS– (a) Information requests to the four Proposed Data Collection Submitted D74, Atlanta, Georgia 30329; phone: largest recipients 6 of the Commission’s for Public Comment and 404–639–7118; Email: [email protected]. information request, at a per request Recommendations SUPPLEMENTARY INFORMATION: Under the average each year of 400 hours = 2,400 Paperwork Reduction Act of 1995 (PRA) hours, cumulatively, per year; and AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health (44 U.S.C. 3501–3520), Federal agencies (b) Information requests to nine and Human Services (HHS). must obtain approval from the Office of additional respondents, of smaller size, Management and Budget (OMB) for each ACTION: Notice with comment period. at a per request average each year of 60 collection of information they conduct hours = 540 hours, cumulatively, per SUMMARY: The Centers for Disease or sponsor. In addition, the PRA also year. Control and Prevention (CDC), as part of requires Federal agencies to provide a Estimated Annual Labor Cost: its continuing effort to reduce public 60-day notice in the Federal Register $294,000. burden and maximize the utility of concerning each proposed collection of government information, invites the information, including each new Estimated Capital or Other Non-Labor general public and other Federal proposed collection, each proposed Cost: de minimis. agencies the opportunity to comment on extension of existing collection of Request for Comment a proposed and/or continuing information, and each reinstatement of information collection, as required by previously approved information Your comment—including your name the Paperwork Reduction Act of 1995. collection before submitting the and your state—will be placed on the This notice invites comment on a collection to the OMB for approval. To public record of this proceeding. proposed information collection project comply with this requirement, we are Because your comment will be made titled National Notifiable Diseases publishing this notice of a proposed public, you are solely responsible for Surveillance System—Revision—Center data collection as described below. making sure that your comment does for Surveillance, Epidemiology and The OMB is particularly interested in not include any sensitive personal Laboratory Services (CSELS), Centers for comments that will help: information, such as anyone’s Social Disease Control and Prevention (CDC). 1. Evaluate whether the proposed Security number; date of birth; driver’s The purpose of this data collection is to collection of information is necessary license number or other state provide the official source of statistics for the proper performance of the identification number, or foreign in the United States for nationally functions of the agency, including country equivalent; passport number; notifiable conditions. Data will be used whether the information will have financial account number; or credit or to monitor the occurrence and spread of practical utility; debit card number. You are also solely nationally notifiable conditions. Data 2. Evaluate the accuracy of the responsible for making sure that your will be gathered through electronic agency’s estimate of the burden of the comment does not include any sensitive submissions of case notifications to CDC proposed collection of information, health information, such as medical from public health departments from 50 including the validity of the records or other individually states, New York City, Washington DC, methodology and assumptions used; identifiable health information. In five U.S. territories, and three freely 3. Enhance the quality, utility, and addition, your comment should not associated states. clarity of the information to be collected; and include any ‘‘trade secret or any DATES: CDC must receive written 4. Minimize the burden of the commercial or financial information comments on or before December 22, collection of information on those who which . . . is privileged or 2020. are to respond, including through the confidential’’—as provided by Section ADDRESSES: You may submit comments, use of appropriate automated, 6(f) of the FTC Act, 15 U.S.C. 46(f), and identified by Docket No. CDC–2020– electronic, mechanical, or other FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 0096 by any of the following methods: technological collection techniques or including in particular competitively • Federal eRulemaking Portal: other forms of information technology, sensitive information such as costs, Regulations.gov. Follow the instructions e.g., permitting electronic submissions sales statistics, inventories, formulas, for submitting comments. of responses. • patterns, devices, manufacturing Mail: Jeffrey M. Zirger, Information 5. Assess information collection costs. processes, or customer names. Collection Review Office, Centers for Proposed Project Josephine Liu, Disease Control and Prevention, 1600 Clifton Road NE, MS–D74, Atlanta, National Notifiable Diseases Assistant General Counsel for Legal Counsel. Georgia 30329. Surveillance System (OMB Control No. [FR Doc. 2020–23515 Filed 10–22–20; 8:45 am] Instructions: All submissions received 0920–0728, Exp. 04/30/2023)— BILLING CODE 6750–01–P must include the agency name and Revision—Center for Surveillance, Docket Number. CDC will post, without Epidemiology and Laboratory Services collection of information during that period, change, all relevant comments to (CSELS), Centers for Disease Control including . . . separately incorporated subsidiaries Regulations.gov. and Prevention (CDC). or affiliates.’’). Please note: Submit all comments 6 There are two tobacco companies that receive Background and Brief Description both a cigarette Order and a smokeless tobacco through the Federal eRulemaking portal Order. Thus, this would equate to six requests for (regulations.gov) or by U.S. mail to the The Public Health Services Act (42 burden analysis. address listed above. U.S.C. 241) authorizes CDC to
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disseminate nationally notifiable U.S. territories (American Samoa, the available through CDC WONDER and condition information. The National Commonwealth of Northern Mariana data.cdc.gov. Annual summaries of Notifiable Diseases Surveillance System Islands, Guam, Puerto Rico, and the U.S. finalized nationally notifiable disease (NNDSS) is based on data collected at Virgin Islands), and three freely data are published on CDC WONDER the state, territorial and local levels as associated states (Federated States of and data.cdc.gov and disease-specific a result of legislation and regulations in Micronesia, the Republic of the data are published by individual CDC those jurisdictions that require health Marshall Islands, and the Republic of programs. care providers, medical laboratories, Palau). This information is shared The burden estimates include the and other entities to submit health- across jurisdictional boundaries and number of hours that the public health related data on reportable conditions to both surveillance and prevention and department uses to process and send public health departments. These control activities are coordinated at case notification data from their reportable conditions, which include regional and national levels. jurisdiction to CDC. Specifically, the infectious and non-infectious diseases, Approximately 90% of case vary by jurisdiction depending upon notifications are encrypted and burden estimates include separate each jurisdiction’s health priorities and submitted to NNDSS electronically from burden hours incurred for automated needs. Each year, the Council of State already existing databases by automated and non-automated transmissions, and Territorial Epidemiologists (CSTE), electronic messages. When automated separate weekly burden hours incurred supported by CDC, determines which transmission is not possible, case for modernizing surveillance systems as reportable conditions should be notifications are faxed, emailed, part of NNDSS Modernization Initiative designated nationally notifiable or uploaded to a secure network or entered (NMI) implementation, separate burden under standardized surveillance. into a secure website. All case hours incurred for annual data CDC requests a three-year approval for notifications that are faxed or emailed reconciliation and submission, and a Revision for the NNDSS (OMB Control are done so in the form of an aggregate separate one-time burden hours No. 0920–0728, Expiration Date 04/30/ weekly or annual report, not individual incurred for the addition of new 2023). This Revision includes requests cases. These different mechanisms used diseases and data elements. The burden for approval to: (1) Receive case to send case notifications to CDC vary estimates for the one-time burden for notification data for Multisystem by the jurisdiction and the disease or reporting jurisdictions are for the Inflammatory Syndrome (MIS) condition. Jurisdictions remove most addition of case notification data for associated with Coronavirus Disease personally identifiable information (PII) MIS associated with COVID–19; disease- 2019 (COVID–19); (2) receive new before data are submitted to CDC, but specific data elements for Anthrax, disease-specific data elements for some data elements (e.g., date of birth, Brucellosis, Campylobacteriosis, Anthrax, Brucellosis, date of diagnosis, county of residence) Cholera, Cryptosporidiosis, Hansen’s Campylobacteriosis, Cholera, could potentially be combined with Disease, Leptospirosis, Melioidosis, MIS Cryptosporidiosis, Hansen’s Disease, other information to identify associated with COVID–19, COVID–19, Leptospirosis, Melioidosis, MIS individuals. Private information is not S. Paratyphi Infection, S. Typhi associated with COVID–19, COVID–19, disclosed unless otherwise compelled Infection, Salmonellosis, STEC, S. Paratyphi Infection, S. Typhi by law. All data are treated in a secure Shigellosis, and Vibriosis; and vaccine Infection, Salmonellosis, STEC, manner consistent with the technical, data elements for all diseases. The Shigellosis, and Vibriosis; and (3) administrative, and operational controls estimated annual burden for the 257 Receive new vaccine-related data required by the Federal Information respondents is 18,954 hours. The cost of elements for all conditions. Security Management Act of 2002 the information collection is $830,400. The NNDSS currently facilitates the (FISMA) and the 2010 National Institute The total burden hours increased from submission and aggregation of case of Standards and Technology (NIST) 18,414 to 18,954 since the last revision notification data voluntarily submitted Recommended Security Controls for because there were more disease- to CDC from 60 jurisdictions: public Federal Information Systems and specific data elements added in this health departments in every U.S. state, Organizations. Weekly tables of revision as compared to the last New York City, Washington DC, five nationally notifiable diseases are revision.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total burden Type of respondent Form name respondents responses per response (in hr) respondent (in hr)
States ...... Weekly (Automated) ...... 50 52 20/60 867 States ...... Weekly (Non-automated) ...... 10 52 2 1,040 States ...... Weekly (NMI Implementation) ...... 50 52 4 10,400 States ...... Annual ...... 50 1 75 3,750 States ...... One-time Addition of Diseases and 50 1 12 600 Data Elements. Territories ...... Weekly (Automated) ...... 5 52 20/60 87 Territories ...... Weekly, Quarterly (Non-automated) 5 56 20/60 93 Territories ...... Weekly (NMI Implementation) ...... 5 52 4 1,040 Territories ...... Annual ...... 5 1 5 25 Territories ...... One-time Addition of Diseases and 5 1 12 60 Data Elements. Freely Associated States ...... Weekly (Automated) ...... 3 52 20/60 52 Freely Associated States ...... Weekly, Quarterly (Non-automated) 3 56 20/60 56 Freely Associated States ...... Annual ...... 3 1 5 15
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ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Number of Number of burden per Total burden Type of respondent Form name respondents responses per response (in hr) respondent (in hr)
Freely Associated States ...... One-time Addition of Diseases and 3 1 12 36 Data Elements. Cities ...... Weekly (Automated) ...... 2 52 20/60 35 Cities ...... Weekly (Non-automated) ...... 2 52 2 208 Cities ...... Weekly (NMI Implementation) ...... 2 52 4 416 Cities ...... Annual ...... 2 1 75 150 Cities ...... One-time Addition of Diseases and 2 1 12 24 Data Elements.
Total ...... 18,954
Jeffrey M. Zirger, DATES: Comments must be received by CMS–R–148 Limitations on Provider Lead, Information Collection Review Office, December 22, 2020. Related Donations and Health Care Office of Scientific Integrity, Office of Science, Related Taxes, Medicaid and ADDRESSES: When commenting, please Centers for Disease Control and Prevention. Supporting Regulations in 42 CFR reference the document identifier or [FR Doc. 2020–23454 Filed 10–22–20; 8:45 am] 433.68 Through 433.74 OMB control number. To be assured BILLING CODE 4163–18–P consideration, comments and Under the PRA (44 U.S.C. 3501– recommendations must be submitted in 3520), federal agencies must obtain approval from the Office of Management DEPARTMENT OF HEALTH AND any one of the following ways: and Budget (OMB) for each collection of HUMAN SERVICES 1. Electronically. You may send your information they conduct or sponsor. comments electronically to http:// The term ‘‘collection of information’’ is Centers for Medicare & Medicaid www.regulations.gov. Follow the defined in 44 U.S.C. 3502(3) and 5 CFR Services instructions for ‘‘Comment or 1320.3(c) and includes agency requests Submission’’ or ‘‘More Search Options’’ or requirements that members of the [Document Identifier: CMS–R–148] to find the information collection public submit reports, keep records, or document(s) that are accepting Agency Information Collection provide information to a third party. comments. Activities: Proposed Collection; Section 3506(c)(2)(A) of the PRA Comment Request 2. By regular mail. You may mail requires federal agencies to publish a written comments to the following 60-day notice in the Federal Register AGENCY: Centers for Medicare & address: CMS, Office of Strategic concerning each proposed collection of Medicaid Services, Health and Human Operations and Regulatory Affairs, information, including each proposed Services (HHS). Division of Regulations Development, extension or reinstatement of an existing ACTION: Notice. Attention: Document Identifier/OMB collection of information, before Control Number ___, Room C4–26–05, submitting the collection to OMB for SUMMARY: The Centers for Medicare & 7500 Security Boulevard, Baltimore, approval. To comply with this Medicaid Services (CMS) is announcing Maryland 21244–1850. requirement, CMS is publishing this an opportunity for the public to To obtain copies of a supporting notice. comment on CMS’ intention to collect statement and any related forms for the information from the public. Under the Information Collection proposed collection(s) summarized in Paperwork Reduction Act of 1995 (the this notice, you may make your request 1. Type of Information Collection PRA), federal agencies are required to using one of following: Request: Extension of a currently publish notice in the Federal Register approved collection; Title of concerning each proposed collection of 1. Access CMS’ website address at Information Collection: Limitations on information (including each proposed https://www.cms.gov/Regulations-and- Provider Related Donations and Health extension or reinstatement of an existing Guidance/Legislation/Paperwork Care Related Taxes, Medicaid and collection of information) and to allow ReductionActof1995/PRA-Listing.html. Supporting Regulations in 42 CFR 60 days for public comment on the 2. Call the Reports Clearance Office at 433.68 through 433.74; Use: States may proposed action. Interested persons are (410) 786–1326. elect to submit a waiver to CMS for the invited to send comments regarding our FOR FURTHER INFORMATION CONTACT: broad based and/or uniformity burden estimates or any other aspect of William N. Parham at (410) 786–4669. requirements for any health care related this collection of information, including tax program which does not conform to the necessity and utility of the proposed SUPPLEMENTARY INFORMATION: the broad based and uniformity information collection for the proper Contents requirements. It is also the performance of the agency’s functions, responsibility of each State to the accuracy of the estimated burden, This notice sets out a summary of the demonstrate that their tax program(s) do ways to enhance the quality, utility, and use and burden associated with the not violate the hold harmless provision. clarity of the information to be following information collections. More For a waiver to be approved and a collected, and the use of automated detailed information can be found in determination that the hold harmless collection techniques or other forms of each collection’s supporting statement provision is not violated, States must information technology to minimize the and associated materials (see submit written documentation which information collection burden. ADDRESSES). satisfies the regulatory requirements.
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Without this information, the amount of OMB desk officer by November 23, an additional measure pair for hospice. FFP (Federal financial participation) 2020. All Medicare-certified hospice providers payable to a State cannot be correctly ADDRESSES: Written comments and are required to submit HIS admission determined; Form Number: CMS–R–148 recommendations for the proposed and discharge records to CMS for each (OMB control number: 0938–0618); information collection should be sent patient admission and discharge. The Frequency: Quarterly and occasionally; within 30 days of publication of this HIS contains data elements that are used Affected Public: State, Local, or Tribal notice to www.reginfo.gov/public/do/ by the CMS to calculate these measures Governments; Number of Respondents: PRAMain. Find this particular and also allows CMS to collect quality 50; Total Annual Responses: 40; Total information collection by selecting data from hospices in compliance with Annual Hours: 3,200. (For policy ‘‘Currently under 30-day Review—Open Section 3004 of the Affordable Care Act. questions regarding this collection for Public Comments’’ or by using the The information collection request was contact Stuart Goldstein at 410–786– search function. revised to remove Section O of the HIS 0694.) To obtain copies of a supporting discharge assessment now that we Dated: October 20, 2020. statement and any related forms for the proposed to replace it with the claims- William N. Parham, III, proposed collection(s) summarized in based Hospice Visits in the Last Days of Life quality measure. Form Number: Director, Paperwork Reduction Staff, Office this notice, you may make your request of Strategic Operations and Regulatory using one of following: CMS–10390 (OMB control number: Affairs. 1. Access CMS’ website address at 0938–1153); Frequency: On Occasion; Affected Public: State, Local, or Tribal [FR Doc. 2020–23544 Filed 10–22–20; 8:45 am] https://www.cms.gov/Regulations-and- Governments, Private Sector (not-for- BILLING CODE 4120–01–P Guidance/Legislation/Paperwork ReductionActof1995/PRA-Listing.html. profit institutions); individuals or 2. Call the Reports Clearance Office at households; Number of Respondents: DEPARTMENT OF HEALTH AND (410) 786–1326. 4,688; Total Annual Responses: HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: 1,328,417; Total Annual Hours: 636,312. William Parham at (410) 786–4669. (For policy questions regarding this Centers for Medicare & Medicaid SUPPLEMENTARY INFORMATION: Under the collection contact Cindy Massuda at Services Paperwork Reduction Act of 1995 (PRA) (410) 786–0652.) [Document Identifier: CMS–10390] (44 U.S.C. 3501–3520), federal agencies Dated: October 20, 2020. must obtain approval from the Office of William N. Parham, III, Agency Information Collection Management and Budget (OMB) for each Director, Paperwork Reduction Staff, Office Activities: Submission for OMB collection of information they conduct of Strategic Operations and Regulatory Review; Comment Request or sponsor. The term ‘‘collection of Affairs. information’’ is defined in 44 U.S.C. [FR Doc. 2020–23541 Filed 10–22–20; 8:45 am] AGENCY: Centers for Medicare & 3502(3) and 5 CFR 1320.3(c) and BILLING CODE 4120–01–P Medicaid Services, Health and Human includes agency requests or Services (HHS). requirements that members of the public ACTION: Notice. submit reports, keep records, or provide DEPARTMENT OF HEALTH AND information to a third party. Section HUMAN SERVICES SUMMARY: The Centers for Medicare & 3506(c)(2)(A) of the PRA (44 U.S.C. Medicaid Services (CMS) is announcing 3506(c)(2)(A)) requires federal agencies Administration for Community Living an opportunity for the public to to publish a 30-day notice in the comment on CMS’ intention to collect Federal Register concerning each Agency Information Collection information from the public. Under the proposed collection of information, Activities; Submission for OMB Paperwork Reduction Act of 1995 including each proposed extension or Review; Public Comment Request; (PRA), federal agencies are required to reinstatement of an existing collection Title VI Program Performance Report publish notice in the Federal Register of information, before submitting the (OMB 0985–0007) concerning each proposed collection of collection to OMB for approval. To information, including each proposed AGENCY: Administration for Community comply with this requirement, CMS is extension or reinstatement of an existing Living, HHS. publishing this notice that summarizes collection of information, and to allow the following proposed collection(s) of ACTION: Notice. a second opportunity for public information for public comment: comment on the notice. Interested 1. Type of Information Collection SUMMARY: The Administration for persons are invited to send comments Request: Revision of a currently Community Living is announcing that regarding the burden estimate or any approved collection without change; the proposed collection of information other aspect of this collection of Title of Information Collection: Hospice listed above has been submitted to the information, including the necessity and Quality Reporting Program; Use: The Office of Management and Budget utility of the proposed information Hospice Item Set (HIS) is a (OMB) for review and clearance as collection for the proper performance of standardized, patient-level data required under section 506(c)(2)(A) of the agency’s functions, the accuracy of collection tool developed specifically the Paperwork Reduction Act of 1995. the estimated burden, ways to enhance for use by hospices. It is currently used This 30-Day notice collects comments the quality, utility, and clarity of the for the collection of quality measure on the information collection information to be collected, and the use data pertaining to the Hospice Quality requirements related to the of automated collection techniques or Reporting Program (HQRP). Since April reinstatement without change of the other forms of information technology to 1, 2017, hospices have been using the Title VI Program Performance Report. minimize the information collection HIS V2.00.0 which specifies the DATES: Submit written comments on the burden. collection of data items that support collection of information by 11:59 p.m. DATES: Comments on the collection(s) of eight National Quality Forum (NQF) (EST) or postmarked by November 23, information must be received by the endorsed Quality Measures (QMs) and 2020.
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ADDRESSES: Submit written comments has submitted the following proposed reinstatement without change request. on the collection of information by: collection of information to OMB for The 60-day FRN published on July 15, (a) Email to: OIRA_submission@ review and clearance. ACL is 2020 Volume 85, Number 136, pages omb.eop.gov, Attn: OMB Desk Officer responsible for administering the Title 42857–42858; ACL did not receive any for ACL; VI Program Performance Report. The public comments during the 60-day (b) fax to 202.395.5806, Attn: OMB purpose of this data collection is to FRN. Desk Officer for ACL; or fulfill the annual programmatic The proposed data collection tools (c) by mail to the Office of reporting required by the Title VI Part Information and Regulatory Affairs, A/B and C grants to American Indians, may be found on the ACL website for OMB, New Executive Office Bldg., 725 Alaskan Native and Native Hawaiian review at https://www.acl.gov/about- 17th St. NW, Rm. 10235, Washington, Programs to provide nutrition, acl/public-input. DC 20503, Attn: OMB Desk Officer for supportive services and caregiver Estimated Program Burden ACL. services to elders and their caregivers. FOR FURTHER INFORMATION CONTACT: There are 282 respondents taking 3.49 Comments in Response to the 60-Day Leslie Green, Administration for hours each to complete the response. Community Living, leslie.green@ Federal Register Notice ACL estimates the burden associated acl.hhs.gov, 202–868–9384. ACL published a 60-day Federal with this collection of information as SUPPLEMENTARY INFORMATION: In Register Notice in the Federal Register follows: compliance with 44 U.S.C. 3507, ACL soliciting public comments on this
Number of Responses Hours per Annual Respondent/data collection activity respondents per response burden hours respondent
Title VI PPR ...... 282 1 3.49 984
Total: ...... 984
Dated: October 15, 2020. ADDRESSES: Submit written comments Community Living (ACL) and the Center Mary Lazare, and recommendations for the proposed for Innovation and Partnership (CIP) to Principal Deputy Administrator. information collection within 30 days of communicate with Congress and the [FR Doc. 2020–23471 Filed 10–22–20; 8:45 am] publication of this notice to public on the SHIP network of agencies. BILLING CODE 4154–01–P www.reginfo.gov/public/do/PRAMain. This is a new data collection requiring Find the information collection by State SHIP grantees to provide the selecting ‘‘Currently under 30-day amount of federal funds provided DEPARTMENT OF HEALTH AND Review—Open for Public Comments’’ or annually to each sub-contractor and HUMAN SERVICES by using the search function. By mail to sub-grantee that are delivering SHIP the Office of Information and Regulatory services. The data collected will be will Administration for Community Living Affairs, OMB, New Executive Office be electronically posted on the ACL Bldg., 725 17th St. NW, Rm. 10235, website to educate the network on who Agency Information Collection Washington, DC 20503, Attn: OMB Desk the SHIP state sub-recipients are and Activities; Proposed Collection; Officer for ACL. how much money they are receiving. Comment Request; State Health SHIP grantees are located in each of the Insurance Assistance Program Annual FOR FURTHER INFORMATION CONTACT: 50 states, the District of Columbia, Sub-Recipients Report; OMB #0985– Margaret Flowers, Administration for Puerto Rico, Guam and the U.S. Virgin New Community Living, Washington, DC 20201, 202–795–7315, Islands. The respondents for this data AGENCY: Administration for Community [email protected]. collection are grantees who meet with Living, HHS. Medicare beneficiaries and older adults’ ACTION: Notice. SUPPLEMENTARY INFORMATION: In in-group settings and in one-on-one compliance with 44 U.S.C. 3507, ACL sessions to educate them on Medicare. SUMMARY: The Administration for has submitted the following proposed Community Living is announcing that collection of information to OMB for Comments in Response to the 60-Day the proposed collection of information review and clearance. The Federal Register Notice listed above has been submitted to the Administration for Community Living A notice published in the Federal Office of Management and Budget (ACL) is requesting approval for a Register on July 19, 2020 in FR 85 No. (OMB) for review and clearance as revised data collection associated with 148 pages 46123–46124. There were no required under section 506(c)(2)(A) of the State Health Insurance Assistance public comments received during the the Paperwork Reduction Act of 1995. Program Annual Sub-Recipients Report. 60-day FRN comment period. This 30-Day notice collects comments The purpose of this data collection is to on the information collection collect sub-award data from grantees, To review the proposed data requirements related to the proposed including agency name, address, and collection please visit the ACL website information collection requirements annual federal funds received. Congress at https://www.acl.gov/about-acl/public- related to the State Health Insurance requires this data collection for program input. Assistance Program Annual Sub- monitoring for the State Health Estimated Program Burden Recipients Report. Insurance Assistance Program (SHIP) DATES: Submit written comments on the under the Bipartisan Budget Act of ACL estimates the burden associated collection of information by November 2018, SEC. 50207(b). This data with this collection of information as 23, 2020. collection allows the Administration for follows:
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Responses Respondent/data collection activity Number of per Hours per Annual respondents respondent response burden hours
54 1 1 54
Total ...... 54 1 1 54
Dated: October 15, 2020. Long Phone: 202–795–7389 Erin.Long@ General Mary Lazare, acl.hhs.gov. It would be helpful if the explanation Principal Deputy Administrator. SUPPLEMENTARY INFORMATION: In of categories and definitions for all data [FR Doc. 2020–23468 Filed 10–22–20; 8:45 am] compliance with 44 U.S.C. 3507, ACL elements were part of this information BILLING CODE 4154–01–P has submitted the following proposed collection (i.e., PRA process). It is collection of information to OMB for difficult to comment on estimated review and clearance. The Older burden and utility of the information DEPARTMENT OF HEALTH AND American’s Act requires ACL to collection when the information being HUMAN SERVICES evaluate ‘‘demonstration projects that collected hasn’t been fully explained. Also, definitions and data elements Administration for Community Living support the objectives of this Act, including activities to bring effective should be synchronized or crosswalked to those in the American Community Agency Information Collection demonstration projects to scale with a Survey or another national collection to Activities; Submission for OMB prioritization of projects that address facilitate analyses across data Review; Alzheimer’s and Dementia the needs of underserved populations, collections. Program Data Reporting Tool (ADP– and promote partnerships among aging DRT); OMB #0985–0022 services, community-based PLWD & CG Served organizations, and Medicare and CG data points—It is important to get AGENCY: Administration for Community Medicaid providers, plans, and health Living, HHS. a more fulsome profile of the caregivers (including public health) systems. to assess the impact caregiving has on ACTION: Notice. (Section 201 (42 U.S.C. 3011) Sec. 127. their lives, their families, and those they Research and Evaluation). To fulfill the care for. Understanding this data SUMMARY: The Administration for evaluation requirements and allow for collection may not be for this purpose, Community Living is announcing that optimal federal and state-level a few extra data points could shed help the proposed collection of information management of ACL’s Alzheimer’s expand the CG profile: employment listed above has been submitted to the Disease Program, specific information status, # of chronic diseases, # of people Office of Management and Budget must be collected from grantees. cared for, # recent traumas experienced (OMB) for review and clearance as The current reporting tool is set to (e.g., emotional, physical, etc.), etc. required under section 506(c)(2)(A) of expire December 30, 2020. The There are sections on race and the Paperwork Reduction Act of 1995. Alzheimer’s and Dementia Program ethnicity. It’s not clear what is meant by This 30-Day notice collects comments (ADP) Project Officer has reviewed the ‘‘Minority Status’’ or why it’s needed. on the information collection current data collection procedures to This section should be deleted to reduce requirements related to the Information ensure the acceptability of these items burden. Collection tools for information as appropriate and thorough evaluation Living arrangement—This section collection requirements related to of the program, while minimizing describes who the PLWD lives with but Alzheimer’s and Dementia Program Data burden for grantees. The result of this doesn’t identify where the person is Reporting Tool (ADP–DRT). process is the proposed modifications to living. It would be helpful to know DATES: Submit written comments on the the existing data collection tool. ACL is whether these individuals are living in collection of information by 11:59 p.m. aware that different grantees have a private home setting, an institutional (EST) or postmarked by November 23, different data collection capabilities. setting such as a nursing home, 2020. Following the approval of the modified supportive housing, or if they are ADDRESSES: Submit written comments data collection tool, ACL will work with experiencing homelessness. It would on the collection of information by: its grantees to offer regular training to also be helpful to know where they are (a) Email to: OIRA_submission@ ensure minimal burden. receiving most of their care—i.e., in the home or outside of the home. Where omb.eop.gov, Attn: OMB Desk Officer Comments in Response to the 60-Day for ACL; people are receiving their care is Federal Register Notice relevant to the workforce and services (b) fax to 202.395.5806, Attn: OMB needed to support them. Desk Officer for ACL; or ACL published both a 60-day and 30- (c) by mail to the Office of day Federal Register Notice in the Professionals Trained Information and Regulatory Affairs, Federal Register soliciting public The note at the bottom states that OMB, New Executive Office Bldg., 725 comments on this revision request. The ‘‘Persons trained should not include 17th St. NW, Rm. 10235, Washington, 60-day FRN published on July 20, 2020 . . . . Caregivers . . .’’ but there are DC 20503, Attn: OMB Desk Officer for in volume 85 No. 137 pages 43241– caregivers who are trained and licensed ACL. 43242. ACL received comments from and some family caregivers who receive FOR FURTHER INFORMATION CONTACT: Erin one individual. stipends from Medicaid and other Long. Submit written comments on the Comments on Proposed Collection: programs. It’s not clear if they would be collection of information to Alzheimer’s and Dementia Program Data excluded. Also, in the middle of the Administration for Community Living, Reporting Tool (ADP–DRT) OMB sheet there’s a section on ‘‘Total Units Washington, DC 20201 Attention: Erin #0985–0022. of Direct Service Delivered.’’ How does
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this relate to Professionals Trained? Service Delivered.’’ This should be The proposed data collection tools This heading may belong to the last broken out by service/expenditure type. may be found on the ACL website for worksheet. Also, there should be separate column review at https://nadrc.acl.gov/node/ Services & Expenditures for PLWD and for CG. As noted 226. previously, direct services for PLWD Estimated Program Burden Assuming that grantees can accurately should be separated from direct services report these totals if they have more for the CG to get a better understanding granular data, there wouldn’t be much ACL estimates the burden associated the impact AD caregiving on family more burden added if grantees reported with this collection of information as members. the details behind ‘‘Total Units of Direct follows:
Responses Respondent/data collection activity Number of per Hours per Annual respondents respondent response burden hours
Local Program Site ...... 180 2 3.03 1,090.8 Grantee ...... 90 2 6.93 1,247.4
Total ...... 2,338.2
Dated: October 15, 2020. guidance announces FDA’s intended Written/Paper Submissions Mary Lazare, enforcement policy with respect to Submit written/paper submissions as Principal Deputy Administrator. DSCSA provisions requiring dispensers follows: [FR Doc. 2020–23472 Filed 10–22–20; 8:45 am] to verify the product identifier for • Mail/Hand Delivery/Courier (for BILLING CODE 4154–01–P suspect or illegitimate product in the written/paper submissions): Dockets dispenser’s possession or control Management Staff (HFA–305), Food and beginning on November 27, 2020. Drug Administration, 5630 Fishers DEPARTMENT OF HEALTH AND DATES: The announcement of the Lane, Rm. 1061, Rockville, MD 20852. HUMAN SERVICES • guidance is published in the Federal For written/paper comments submitted to the Dockets Management Food and Drug Administration Register on October 23, 2020. Staff, FDA will post your comment, as [Docket No. FDA–2019–D–4212] ADDRESSES: You may submit either well as any attachments, except for electronic or written comments on information submitted, marked and Wholesale Distributor Verification Agency guidances at any time as identified, as confidential, if submitted Requirement for Saleable Returned follows: as detailed in ‘‘Instructions.’’ Drug Product and Dispenser Instructions: All submissions received Electronic Submissions Verification Requirements When must include the Docket No. FDA– Investigating a Suspect or Illegitimate Submit electronic comments in the 2019–D–4212 for ‘‘Wholesale Product—Compliance Policies; following way: Distributor Verification Requirement for Guidance for Industry; Availability Saleable Returned Drug Product and • Federal eRulemaking Portal: AGENCY: Food and Drug Administration, Dispenser Verification Requirements https://www.regulations.gov. Follow the When Investigating a Suspect or HHS. instructions for submitting comments. ACTION: Notice of availability. Illegitimate Product—Compliance Comments submitted electronically, Policies.’’ Received comments will be including attachments, to https:// SUMMARY: The Food and Drug placed in the docket and, except for Administration (FDA or Agency) is www.regulations.gov will be posted to those submitted as ‘‘Confidential announcing the availability of a final the docket unchanged. Because your Submissions,’’ publicly viewable at guidance for industry entitled comment will be made public, you are https://www.regulations.gov or at the ‘‘Wholesale Distributor Verification solely responsible for ensuring that your Dockets Management Staff between 9 Requirement for Saleable Returned Drug comment does not include any a.m. and 4 p.m., Monday through Product and Dispenser Verification confidential information that you or a Friday, 240–402–7500. Requirements When Investigating a third party may not wish to be posted, • Confidential Submissions—To Suspect or Illegitimate Product— such as medical information, your or submit a comment with confidential Compliance Policies.’’ This guidance anyone else’s Social Security number, or information that you do not wish to be explains that FDA intends to extend the confidential business information, such made publicly available, submit your delay in enforcement described in the as a manufacturing process. Please note comments only as a written/paper guidance entitled ‘‘Wholesale that if you include your name, contact submission. You should submit two Distributor Verification Requirement for information, or other information that copies total. One copy will include the Saleable Returned Drug Product— identifies you in the body of your information you claim to be confidential Compliance Policy,’’ published in the comments, that information will be with a heading or cover note that states Federal Register on September 24, 2019 posted on https://www.regulations.gov. ‘‘THIS DOCUMENT CONTAINS (the 2019 Compliance Policy), which • If you want to submit a comment CONFIDENTIAL INFORMATION.’’ The relates to Drug Supply Chain Security with confidential information that you Agency will review this copy, including Act (DSCSA) provisions requiring do not wish to be made available to the the claimed confidential information, in wholesale distributors to verify the public, submit the comment as a its consideration of comments. The product identifier prior to further written/paper submission and in the second copy, which will have the distributing returned product beginning manner detailed (see ‘‘Written/Paper claimed confidential information on November 27, 2019. In addition, this Submissions’’ and ‘‘Instructions’’). redacted/blacked out, will be available
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for public viewing and posted on DSCSA (Title II of Pub. L. 113–54). This Since the announcement of the 2019 https://www.regulations.gov. Submit represents an additional 3-year delay Compliance Policy, FDA has received both copies to the Dockets Management from the delay set forth in the 2019 additional comments and feedback from Staff. If you do not wish your name and Compliance Policy in enforcement of wholesale distributors, as well as other contact information to be made publicly the requirement for wholesale trading partners and stakeholders, available, you can provide this distributors to verify the product expressing concern with industry-wide information on the cover sheet and not identifier prior to further distributing readiness for implementation of the in the body of your comments and you that returned product. In addition, FDA verification of saleable returned product must identify this information as does not intend to take action against requirement for wholesale distributors ‘‘confidential.’’ Any information marked dispensers who do not verify the and the challenges stakeholders face as ‘‘confidential’’ will not be disclosed statutorily-designated portion of with developing interoperable, except in accordance with 21 CFR 10.20 product identifiers of suspect or electronic systems to enable such and other applicable disclosure law. For illegitimate product before November verification and achieve interoperability more information about FDA’s posting 27, 2023. This policy represents a 3-year between networks. Specifically, of comments to public dockets, see 80 delay in enforcement of the comments received point out continuing FR 56469, September 18, 2015, or access requirements for dispensers to verify the challenges posed by the large volume of the information at: https:// product identifier when investigating saleable returned product, explaining www.govinfo.gov/content/pkg/FR-2015- suspect or illegitimate product. that wholesale distributors still need 09-18/pdf/2015-23389.pdf. This guidance is being issued more time to test verification systems Docket: For access to the docket to consistent with FDA’s good guidance using real-time volumes of saleable read background documents or the practices regulations (21 CFR 10.115). returned product with all trading electronic and written/paper comments FDA is implementing this guidance partners involved, as opposed to using received, go to https:// without prior public comment because small-scale pilot test projects. www.regulations.gov and insert the the Agency has determined that prior Additionally, wholesale distributors docket number, found in brackets in the public participation is not feasible or point to significant delays in testing heading of this document, into the appropriate (21 CFR 10.115(g)(2)). FDA these verification systems due to the ‘‘Search’’ box and follow the prompts made this determination because this competing priority of responding to the and/or go to the Dockets Management guidance document provides Coronavirus Disease 2019 (COVID–19) Staff, 5630 Fishers Lane, Rm. 1061, information pertaining to statutory pandemic, namely the reassignment of Rockville, MD 20852, 240–402–7500. requirements that take effect November logistics and supply chain experts from You may submit comments on any 27, 2020, for dispensers to verify the DSCSA matters to COVID–19 pandemic guidance at any time (see 21 CFR product identifier, including the response. Given all these concerns, FDA 10.115(g)(5)). standardized numerical identifier, for recognizes that some wholesale Submit written requests for single product in the dispenser’s possession or distributors may need additional time copies of the guidance to the Division of control under section 582(d)(4)(A)(ii)(II) beyond November 27, 2020, before they can begin verifying returned products Drug Information, Center for Drug and (d)(4)(B)(iii) of the FD&C Act (21 prior to resale or other further Evaluation and Research, Food and U.S.C. 360eee–1(d)(4)(A)(ii)(II) and distribution as required by section Drug Administration, 10001 New (d)(4)(B)(iii)). It is important that FDA 582(c)(4)(D) of the FD&C Act in an Hampshire Ave., Hillandale Building, provide this information before that efficient, secure, and timely manner. 4th Floor, Silver Spring, MD 20993– date. Although this guidance document 0002. Send one self-addressed adhesive To minimize possible disruptions in is immediately in effect, it remains the distribution of certain prescription label to assist that office in processing subject to comment in accordance with your requests. See the SUPPLEMENTARY drugs in the United States, FDA has the Agency’s good guidance practices adopted the compliance policy INFORMATION section for electronic (21 CFR 10.115(g)(3)). access to the guidance document. described in this guidance. Under this Beginning November 27, 2019, compliance policy, FDA does not intend FOR FURTHER INFORMATION CONTACT: wholesale distributors were required, to take action before November 27, Sarah Venti, Center for Drug Evaluation under section 582(c)(4)(D) (21 U.S.C. 2023, against wholesale distributors and Research, Food and Drug 360eee–1(c)(4)(D)) of the Federal Food, who do not verify a product identifier Administration, 10903 New Hampshire Drug, and Cosmetic Act (FD&C Act), to prior to further distribution of a package Ave., Silver Spring, MD 20993–0002, verify the product identifier, including or sealed homogenous case of product 301–796–3130, drugtrackandtrace@ the standardized numerical identifier, as required by section 582(c)(4)(D) of the fda.hhs.gov. on each sealed homogeneous case of FD&C Act. SUPPLEMENTARY INFORMATION: saleable returned product, or, if such Additionally, section 582 of the FD&C product is not in a sealed homogeneous Act requires certain trading partners I. Background case, on each package of saleable (manufacturers, repackagers, wholesale FDA is announcing the availability of returned product, prior to further distributors, and dispensers) to a guidance for industry entitled distributing such returned product. In exchange transaction information, ‘‘Wholesale Distributor Verification the Federal Register published transaction history, and a transaction Requirement for Saleable Returned Drug September 24, 2019 (84 FR 50044), FDA statement when engaging in transactions Product and Dispenser Verification issued a notice announcing the involving certain prescription drugs. Requirements When Investigating a availability of the 2019 Compliance Section 581(27)(E) of the FD&C Act (21 Suspect or Illegitimate Product— Policy. The 2019 Compliance Policy U.S.C. 360eee(27)(E)) requires that the Compliance Policies.’’ FDA does not indicated the Agency’s intent to take no transaction statement include a intend to take action against wholesale enforcement action against wholesale statement that the entity transferring distributors who do not, prior to distributors who are not in compliance ownership in a transaction had systems November 27, 2023, verify the product with this requirement under section and processes in place to comply with identifier prior to further distributing 582(c)(4)(D) of the FD&C Act before verification requirements under section returned product as required under the November 27, 2020. 582 of the FD&C Act. This guidance also
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explains that, prior to November 27, identifier, including the standardized Dated: October 19, 2020. 2023, FDA does not intend to take numerical identifier, of at least 3 Lauren K. Roth, action against a wholesale distributor packages or 10 percent of such suspect Acting Principal Associate Commissioner for for providing a transaction statement to product, whichever is greater, or all Policy. a subsequent purchaser of product on packages, if there are fewer than 3, [FR Doc. 2020–23524 Filed 10–22–20; 8:45 am] the basis that such wholesale distributor corresponds with the product identifier BILLING CODE 4164–01–P does not yet have systems and processes for such product in the dispenser’s in place to comply with the saleable possession or control, beginning return verification requirements under November 27, 2020. Section DEPARTMENT OF HEALTH AND section 582(c)(4)(D) of the FD&C Act. 582(d)(4)(B)(iii) of the FD&C Act HUMAN SERVICES The guidance explains the scope of the requires dispensers to verify product as compliance policy in further detail. described in section 582(d)(4)(A)(ii), Food and Drug Administration By extending the delay in which includes the section [Docket No. FDA–2020–N–0862] enforcement initially provided in the 582(d)(4)(A)(ii)(II) requirement, in 2019 Compliance Policy until November response to a notification of illegitimate Captain Neill’s Seafood, Inc.: Final 27, 2023, FDA believes that wholesale product from FDA or a trading partner. Debarment Order distributors will be able to focus In response to comments received AGENCY: Food and Drug Administration resources and efforts on the from stakeholders, this guidance also requirements for the enhanced drug announces that FDA does not intend to ACTION: Notice. distribution security system, provided take action before November 27, 2023, SUMMARY: The Food and Drug for in section 582(g) of the FD&C Act against dispensers who do not verify the and required by November 27, 2023. Administration (FDA) is issuing an statutorily-designated portion of order under the Federal Food, Drug, and Instead of developing separate processes product identifiers of suspect product as or infrastructures solely for the saleable Cosmetic Act (FD&C Act) debarring required by section 582(d)(4)(A)(ii)(II) of Capt. Neill’s Seafood, Inc. (Capt. Neill’s return verification requirement, the FD&C Act, and that part of section wholesale distributors can incorporate or the Company) for a period of 5 years 582(d)(4)(B)(iii) of the FD&C Act that from importing articles of food or the saleable return verification requires dispensers to perform the same requirements into enhanced verification offering such articles for importation verification activities of section into the United States. FDA bases this required by 2023. Given this 582(d)(4)(A)(ii)(II) when responding to a consideration, FDA has not adopted the order on a finding that Capt. Neill’s was notification of illegitimate product from approach suggested by some comments convicted, as defined in the FD&C Act, FDA or another trading partner. FDA suggesting that the Agency revise the of a felony count under Federal law for believes that dispensers can use the 3- 2019 Compliance Policy to provide for conduct relating to the importation into year period to ensure the systems and a phased implementation of the saleable the United States of an article of food. processes that are put into place to meet return verification requirements. The Company was given notice of the FDA also received comments the enhanced system requirements by proposed permanent debarment and an requesting that we extend the scope of November 27, 2023, will also fulfill all opportunity to request a hearing within the 2019 Compliance Policy beyond dispenser verification requirements the timeframe prescribed by regulation. wholesale distributors to also cover under section 582(d)(4) of the FD&C As of 30 days after receipt of the notice manufacturers and repackagers, asking Act. (July 13, 2020), Capt. Neill’s has not FDA to not take enforcement action This guidance represents the current responded. Capt. Neill’s failure to where manufacturers and repackagers thinking of FDA on ‘‘Wholesale respond and request a hearing are not in compliance with their Distributor Verification Requirement for constitutes a waiver of the Company’s verification of saleable returned product Saleable Returned Drug Product and right to a hearing concerning this obligations under section 582(b)(4)(C) Dispenser Verification Requirements matter. When Investigating a Suspect or and (e)(4)(C) of the FD&C Act. At this DATES: This order is effective October Illegitimate Product—Compliance time, we do not intend to broaden the 23, 2020. scope of the 2019 Compliance Policy in Policies.’’ It does not establish any ADDRESSES: Submit applications for this way because we believe the policies rights for any person and is not binding termination of debarment to the Dockets outlined in this guidance will provide on FDA or the public. You can use an Management Staff, Food and Drug appropriate flexibility. As all trading alternative approach if it satisfies the Administration, 5630 Fishers Lane, Rm. partners work towards enhanced system requirements of the applicable statutes 1061, Rockville, MD 20852, 240–402– requirements that go into effect in 2023, and regulations. 7500. wholesale distributors can continue to II. Paperwork Reduction Act of 1995 work with manufacturers and FOR FURTHER INFORMATION CONTACT: repackagers for enhanced verification FDA tentatively concludes that this Jaime Espinosa (ELEM–4029), Division requirements, including those for guidance contains no collection of of Enforcement, Office of Strategic saleable returned product. FDA intends information. Therefore, clearance by the Planning and Operational Policy, Office to issue additional guidance about the Office of Management and Budget under of Regulatory Affairs, Food and Drug enhanced system for drug distribution the Paperwork Reduction Act of 1995 is Administration, 12420 Parklawn Dr., security at a later date. not required. Rockville, MD 20857 or at debarments@ Finally, section 582 of the FD&C Act, fda.hhs.gov. III. Electronic Access as amended by the DSCSA, also SUPPLEMENTARY INFORMATION: established the requirements that Persons with access to the internet specify how dispensers must investigate may obtain the guidance at either I. Background suspect and illegitimate product. As https://www.fda.gov/drugs/guidance- Section 306(b)(1)(C) of the FD&C Act part of the investigation, section compliance-regulatory-information/ (21 U.S.C. 335a(b)(1)(C)) permits FDA to 582(d)(4)(A)(ii)(II) of the FD&C Act guidances-drugs or https:// debar an individual from importing an requires dispensers to verify the product www.regulations.gov. article of food or offering such an article
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for import into the United States if FDA relevant factors set forth in section DEPARTMENT OF HEALTH AND finds, as required by section 306(c)(3) of the FD&C Act, that Capt. HUMAN SERVICES 306(b)(3)(A) of the FD&C Act, that the Neill’s should be subject to a 5-year individual has been convicted of a period of debarment. The proposal also Food and Drug Administration felony for conduct relating to the offered Capt. Neill’s an opportunity to importation into the United States of request a hearing, providing the [Docket No. FDA–2020–N–0861] any food. Company 30 days from the date of On January 9, 2020, Capt. Neill’s was receipt of the letter in which to file the Phillip R. Carawan: Final Debarment convicted as defined in section request, and advised Capt. Neill’s that Order 306(l)(1)(B) of the FD&C Act, in the U.S. failure to request a hearing constituted AGENCY: Food and Drug Administration, District Court for the Eastern District of a waiver of the opportunity for a hearing HHS. North Carolina, when the court accepted and of any contentions concerning this ACTION: the Company’s plea of guilty and action. Capt. Neill’s failed to respond Notice. entered judgment against it for the within the timeframe prescribed by SUMMARY: The Food and Drug offense of violating the Lacey Act and regulation and has, therefore, waived Administration (FDA) is issuing an Aiding and Abetting. This offense was the Company’s opportunity for a hearing order under the Federal Food, Drug, and in violation of 16 U.S.C. 3372(d)(1), and waived any contentions concerning Cosmetic Act (FD&C Act) debarring 3373(d)(3)(A)(i) and (ii), and 18 U.S.C. Capt. Neill’s debarment (21 CFR part Phillip R. Carawan for a period of 5 2. 12). FDA’s finding that the debarment is years from importing articles of food or appropriate is based on the felony II. Findings and Order offering such articles for importation conviction referenced herein. The into the United States. FDA bases this factual basis for this conviction is as Therefore, the Assistant order on a finding that Mr. Carawan was follows: As contained in the Indictment, Commissioner, Office of Human and convicted, as defined in the FD&C Act, filed on June 26, 2019, Capt. Neill’s is Animal Food Operations, under section of a felony count under Federal law for a North Carolina corporation in the 306(b)(1)(C) of the FD&C Act, under conduct relating to the importation into business of purchasing, processing, authority delegated to the Assistant the United States of an article of food. packaging, transporting, and selling Commissioner, finds that Capt. Neill’s Mr. Carawan was given notice of the seafood and seafood products, including has been convicted of a felony count proposed permanent debarment and an crab meat from domestically harvested under Federal law for conduct relating opportunity to request a hearing within Atlantic blue crab, and products made to the importation into the United States the timeframe prescribed by regulation. from Atlantic blue crab. From as early of an article of food and that the As of June 13, 2020 (30 days after as January 1, 2012 and continuing Company is subject to a 5-year period of receipt of the notice), Mr. Carawan has through December 31, 2015, Capt. debarment. not responded. Mr. Carawan’s failure to Neill’s purchased foreign crab meat As a result of the foregoing finding, respond and request a hearing from South American and Asia. Capt. Capt. Neill’s is debarred for a period of constitutes a waiver of Mr. Carawan’s Neill’s employees repacked the foreign 5 years from importing articles of food right to a hearing concerning this crab meat into containers labeled or offering such articles for import into matter. ‘‘Product of USA.’’ Capt. Neill’s the United States, effective (see DATES). DATES: This order is applicable October employees then knowingly sold those Pursuant to section 301(cc) of the FD&C 23, 2020. containers of foreign crab meat as jumbo Act (21 U.S.C. 331(cc)), the importing or ADDRESSES: Submit applications for domestically harvested blue crab to offering for import into the United termination of debarment to the Dockets customers. During the relevant time States of an article of food by, with the Management Staff, Food and Drug frame, Capt. Neill’s sold approximately assistance of, or at the direction of Capt. Administration, 5630 Fishers Lane, 200,536 pounds of crab meat falsely Neill’s Seafood, Inc. is a prohibited act. Room 1061, Rockville, MD 20852, 240– labeled ‘‘Product of USA’’ with a total 402–7500. retail market value of $4,082,841. Any application by Capt. Neill’s for As a result of this conviction FDA termination of debarment under section FOR FURTHER INFORMATION CONTACT: sent Capt. Neill’s, by certified mail on 306(d)(1) of the FD&C Act should be Jaime Espinosa (ELEM–4029) Division May 6, 2020, a notice proposing to debar identified with Docket No. FDA–2020– of Enforcement, Office of Strategic him for a period of 5 years from N–0862 and sent to the Dockets Planning and Operational Policy, Office importing articles of food or offering Management Staff (see ADDRESSES). All of Regulatory Affairs, Food and Drug such articles for import into the United such submissions are to be filed in four Administration, 12420 Parklawn Dr., States. The proposal was based on a copies. The public availability of Rockville, MD 20857, 240–402–8743 or finding under section 306(b)(1)(C) of the information in these submissions is at [email protected]. FD&C Act that Capt. Neill’s felony governed by 21 CFR 10.20. SUPPLEMENTARY INFORMATION: conviction of violating the Lacey Act Publicly available submissions will be I. Background and Aiding and Abetting in violation 16 placed in the docket and will be U.S.C. 3372(d)(1), 3373(d)(3)(A)(i) and viewable at http://www.regulations.gov Section 306(b)(1)(C) of the FD&C Act (ii), and 18 U.S.C 2, constitutes conduct or at the Dockets Management Staff (see (21 U.S.C. 335a(b)(1)(C)) permits FDA to relating to the importation into the ADDRESSES) between 9 a.m. and 4 p.m., debar an individual from importing an United States of an article of food Monday through Friday. article of food or offering such an article for import into the United States if FDA because the offense involved Capt. Dated: October 19, 2020. Neill’s employees falsely labeling finds, as required by section crabmeat that was imported from Lauren K. Roth, 306(b)(3)(A) of the FD&C Act, that the foreign countries and purporting that Acting Principal Associate Commissioner for individual has been convicted of a the crabmeat was a ‘‘Product of USA.’’ Policy. felony for conduct relating to the The proposal was also based on a [FR Doc. 2020–23485 Filed 10–22–20; 8:45 am] importation into the United States of determination, after consideration of the BILLING CODE 4164–01–P any food.
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On January 9, 2020, Mr. Carawan was period of debarment. The proposal also DEPARTMENT OF HEALTH AND convicted as defined in section offered Mr. Carawan an opportunity to HUMAN SERVICES 306(l)(1)(B) of the FD&C Act, in the U.S. request a hearing, providing Mr. District Court for the Eastern District of Carawan 30 days from the date of National Institutes of Health North Carolina, when the court accepted receipt of the letter in which to file the Mr. Carawan’s plea of guilty and entered Center for Scientific Review; Notice of request, and advised Mr. Carawan that Closed Meetings judgment against him for the offense of failure to request a hearing constituted violating the Lacey Act and Aiding and a waiver of the opportunity for a hearing Pursuant to section 10(d) of the Abetting. This offense was in violation and of any contentions concerning this Federal Advisory Committee Act, as of 16 U.S.C. 3372(d)(1) and action. Mr. Carawan failed to respond amended, notice is hereby given of the 3373(d)(3)(A)(j) and 18 U.S.C. 2. following meetings. FDA’s finding that the debarment is within the timeframe prescribed by regulation and has, therefore, waived The meetings will be closed to the appropriate is based on the felony public in accordance with the conviction referenced herein. The his opportunity for a hearing and waived any contentions concerning his provisions set forth in sections factual basis for this conviction is as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., debarment (21 CFR part 12). follows: As contained in the Indictment, as amended. The grant applications and filed on June 26, 2019, Mr. Carawan II. Findings and Order the discussions could disclose served as the owner and operator, and confidential trade secrets or commercial acted as the President and Chief Therefore, the Assistant property such as patentable material, Executive Officer, of Capt. Neill’s Commissioner, Office of Human and and personal information concerning Seafood, Inc. (Capt. Neill’s). Capt. Animal Food Operations, under section individuals associated with the grant Neill’s is a North Carolina corporation 306(b)(1)(C) of the FD&C Act, under applications, the disclosure of which in the business of purchasing, authority delegated to the Assistant would constitute a clearly unwarranted processing, packaging, transporting, and Commissioner, finds that Mr. Carawan invasion of personal privacy. selling seafood and seafood products, has been convicted of a felony count including crab meat from domestically Name of Committee: Center for Scientific under Federal law for conduct relating harvested Atlantic blue crab, and Review Special Emphasis Panel; Member to the importation into the United States Conflict: Cardiovascular Sciences. products made from Atlantic blue crab. Date: November 17, 2020. From as early as January 1, 2012 and of an article of food and that he is subject to a 5-year period of debarment. Time: 1:00 p.m. to 7:00 p.m. continuing through December 31, 2015, Agenda: To review and evaluate grant Mr. Carawan caused Capt. Neill’s to As a result of the foregoing finding, applications. purchase foreign crab meat from South Mr. Carawan is debarred for a period of Place: National Institutes of Health, American and Asia. Mr. Carawan 5 years from importing articles of food Rockledge II, 6701 Rockledge Drive, directed Capt. Neill’s employees to or offering such articles for import into Bethesda, MD 20892 (Virtual Meeting). repackage the foreign crab meat into Contact Person: Sara Ahlgren, Ph.D., the United States, effective (see DATES). Scientific Review Officer, Center for containers labeled ‘‘Product of USA.’’ Pursuant to section 301(cc) of the FD&C Scientific Review, National Institutes of Mr. Carawan then knowingly caused Act (21 U.S.C. 331(cc)), the importing or Health, 6701 Rockledge Drive, RM 4136, those containers of foreign crab meat to offering for import into the United Bethesda, MD 20892, 301–435–0904, be sold as jumbo domestically harvested States of an article of food by, with the [email protected]. blue crab to customers. During the assistance of, or at the direction of Name of Committee: Center for Scientific relevant time frame, Mr. Carawan Review Special Emphasis Panel; Member Phillip R. Carawan is a prohibited act. caused the sale of approximately Conflict: Innate Immunity, Host Defense and 200,536 pounds of crab meat falsely Any application by Mr. Carawan for Vaccines. labeled ‘‘Product of USA’’ with a total termination of debarment under section Date: November 18, 2020. retail market value of $4,082,841. 306(d)(1) of the FD&C Act should be Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant As a result of this conviction FDA identified with Docket No. FDA–2020– applications. sent Mr. Carawan, by certified mail on N–0861 and sent to the Dockets Place: National Institutes of Health, May 6, 2020, a notice proposing to debar Management Staff (see ADDRESSSES). All Rockledge II, 6701 Rockledge Drive, him for a period of 5 years from such submissions are to be filed in four Bethesda, MD 20892 (Virtual Meeting). importing articles of food or offering copies. The public availability of Contact Person: Deborah Hodge, Ph.D., such articles for import into the United information in these submissions is Scientific Review Officer, Center for Scientific Review, National Institutes of States. The proposal was based on a governed by 21 CFR 10.20. finding under section 306(b)(1)(C) of the Health, 6701 Rockledge Drive, Room 4207, FD&C Act that Mr. Carawan’s felony Publicly available submissions will be MSC 7812, Bethesda, MD 20892, (301) 435– 1238, [email protected]. conviction of violating the Lacey Act placed in the docket, and will be and Aiding and Abetting in violation of viewable at https://www.regulations.gov Name of Committee: Center for Scientific or at the Dockets Management Staff (see Review Special Emphasis Panel; Member 16 U.S.C. 3372(d)(1) and 3373(d)(3)(A)(j) Conflict: Vascular and Hematology. and 18 U.S.C 2, constitutes conduct ADDRESSES) between 9 a.m. and 4 p.m. Date: November 18, 2020. relating to the importation into the Eastern time, Monday through Friday. Time: 2:00 p.m. to 5:00 p.m. United States of an article of food Dated: October 19, 2020. Agenda: To review and evaluate grant because the offense involved Mr. applications. Lauren K. Roth, Carawan aiding and abetting the Place: National Institutes of Health, importation of foreign crab meat to be Acting Principal Associate Commissioner for Rockledge II, 6701 Rockledge Drive, falsely labeled as ‘‘Product of USA.’’ Policy. Bethesda, MD 20892 (Virtual Meeting). The proposal was also based on a [FR Doc. 2020–23501 Filed 10–22–20; 8:45 am] Contact Person: Larry Pinkus, Ph.D., Scientific Review Officer, Center for determination, after consideration of the BILLING CODE 4164–01–P Scientific Review, National Institutes of relevant factors set forth in section Health, 6701 Rockledge Drive, Room 4132, 306(c)(3) of the FD&C Act, that Mr. MSC 7802, Bethesda, MD 20892, (301) 435– Carawan should be subject to a 5-year 1214, [email protected].
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Name of Committee: Center for Scientific Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Review Special Emphasis Panel; PAR Panel: applications. HUMAN SERVICES Improving Animal Models of Influenza Place: National Institutes of Health, Infection That Are Predictive of Human Rockledge II, 6701 Rockledge Drive, National Institutes of Health Immunity and Vaccination. Bethesda, MD 20892 (Virtual Meeting). Date: November 18, 2020. Contact Person: John Harold Laity, Ph.D., Center for Scientific Review; Notice of Time: 12:00 p.m. to 5:00 p.m. Scientific Review Officer, Center for Closed Meetings Agenda: To review and evaluate grant Scientific Review, 6701 Rockledge Drive, applications. Bethesda, MD 20892, 301–402–8254, Pursuant to section 10(d) of the Place: National Institutes of Health, [email protected]. Federal Advisory Committee Act, as Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific amended, notice is hereby given of the Bethesda, MD 20892 (Virtual Meeting). Contact Person: Kenneth M. Izumi, Ph.D., Review Special Emphasis Panel; Small following meetings. Scientific Review Officer, Center for Business: Clinical Neurophysiology, Devices, The meetings will be closed to the Scientific Review, National Institutes of Neuroprosthetics, and Biosensors. public in accordance with the Health, 6701 Rockledge Drive, Room 3204, Date: November 19–20, 2020. provisions set forth in sections MSC 7808, Bethesda, MD 20892, (301) 496– Time: 9:00 a.m. to 7:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 6980, [email protected]. Agenda: To review and evaluate grant as amended. The grant applications and applications. Name of Committee: Center for Scientific the discussions could disclose Place: National Institutes of Health, Review Special Emphasis Panel; Small confidential trade secrets or commercial Rockledge II, 6701 Rockledge Drive, Business: The Cancer Drug Development & Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, Therapeutics (CDDT). and personal information concerning Date: November 19–20, 2020. Contact Person: Cristina Backman, Ph.D., Scientific Review Officer, ETTN IRG Center individuals associated with the grant Time: 9:00 a.m. to 7:00 p.m. applications, the disclosure of which Agenda: To review and evaluate grant for Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 5211, would constitute a clearly unwarranted Place: National Institutes of Health, MSC 7846, Bethesda, MD 20892, 301–480– invasion of personal privacy. Rockledge II, 6701 Rockledge Drive, 9069, [email protected]. Name of Committee: Center for Scientific Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Review Special Emphasis Panel; Digestive Contact Person: Lilia Topol, Ph.D., Review Special Emphasis Panel; Small Sciences Small Business Activities. Scientific Review Officer, Center for Business: Health Informatics. Date: November 19–20, 2020. Scientific Review, National Institutes of Date: November 19–20, 2020. Time: 10:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 6192, Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant MSC 7804, Bethesda, MD 20892, 301–451– Agenda: To review and evaluate grant applications. 0131, [email protected]. applications. Place: National Institutes of Health, Name of Committee: Center for Scientific Place: National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; Small Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Business: Drug Discovery for Aging, Bethesda, MD 20892 (Virtual Meeting). Contact Person: Santanu Banerjee, Ph.D., Neuropsychiatric and Neurologic Disorders. Contact Person: Weijia Ni, Ph.D., Chief/ Scientific Review Officer, Center for Date: November 19–20, 2020. Scientific Review Officer, Center for Scientific Review, National Institute of Time: 9:00 a.m. to 7:00 p.m. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2106, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3100, Bethesda, MD 20892, (301) 435–5947, [email protected]. applications. MSC 7808, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, 6701 3292, [email protected]. Name of Committee: Center for Scientific Review Special Emphasis Panel; HD21–007: Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific (Virtual Meeting). Development of Fertility Regulation Methods Review Special Emphasis Panel; Small by Small Business. Contact Person: Aurea D. De Sousa, Ph.D., Business: Neuro/Psychopathology, Lifespan Scientific Review Officer, National Institutes Date: November 19, 2020. Development, and STEM Education. Time: 10:00 a.m. to 11:30 a.m. of Health, Center for Scientific Review, 6701 Date: November 19–20, 2020. Rockledge Drive, Room 5186, Bethesda, MD Agenda: To review and evaluate grant Time: 9:30 a.m. to 6:00 p.m. applications. 20892, 301–827–6829, aurea.desousa@ Agenda: To review and evaluate grant nih.gov. Place: National Institutes of Health, applications. Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific Place: National Institutes of Health, Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; PAR–19– Rockledge II, 6701 Rockledge Drive, Contact Person: Yunshang Piao, Ph.D., 367: Maximizing Investigators’ Research Bethesda, MD 20892 (Virtual Meeting). Scientific Review Officer, Center for Award (R35—Clinical Trial Optional). Contact Person: Elia K. Ortenberg, Ph.D., Scientific Review, National Institute of Date: November 19–20, 2020. Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room 6184, Time: 9:00 a.m. to 6:00 p.m. Scientific Review, National Institutes of Bethesda, MD 20892, (301) 402–8402, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3108, [email protected]. applications. MSC 7816, Bethesda, MD 20892, (301) 827– Name of Committee: Center for Scientific Place: National Institutes of Health, 7189, [email protected]. Review Special Emphasis Panel; PAR 20– Rockledge II, 6701 Rockledge Drive, 101: Genomic Expert Curation Panels. Bethesda, MD 20892 (Virtual Meeting). (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Date: November 20, 2020. Contact Person: Thomas Beres, Ph.D., Time: 11:00 a.m. to 6:00 p.m. 93.333, Clinical Research, 93.306, 93.333, Scientific Review Officer, Center for Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, Scientific Review, National Institutes of applications. 93.846–93.878, 93.892, 93.893, National Health, 6701 Rockledge Drive, Rm. 5201, Place: National Institutes of Health, Institutes of Health, HHS) MSC 7840, Bethesda, MD 20892, 301–435– Rockledge II, 6701 Rockledge Drive, 1175, [email protected]. Dated: October 19, 2020. Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Tyeshia M. Roberson, Contact Person: Baishali Maskeri, Ph.D., Review Special Emphasis Panel; Small Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory Business: Biological Chemistry, Biophysics, Scientific Review, National Institutes of Committee Policy. and Assay Development. Health, 6701 Rockledge Drive, Room 2022, Date: November 19–20, 2020. [FR Doc. 2020–23469 Filed 10–22–20; 8:45 am] Bethesda, MD 20892, (301) 827–2864, Time: 9:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P [email protected].
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Name of Committee: Center for Scientific information collection is published in respond, including through the use of Review Special Emphasis Panel; Training in the Federal Register to obtain comments appropriate automated, electronic, Veterinary and Comparative Medicine. from the public and affected agencies. mechanical, or other technological Date: November 20, 2020. Time: 11:00 a.m. to 3:30 p.m. DATES: Comments are encouraged and collection techniques or other forms of Agenda: To review and evaluate grant must be submitted no later than information technology, e.g., permitting applications. November 23, 2020 to be assured of electronic submission of responses. The Place: National Institutes of Health, consideration. comments that are submitted will be Rockledge II, 6701 Rockledge Drive, ADDRESSES: Written comments and summarized and included in the request Bethesda, MD 20892 (Virtual Meeting). for approval. All comments will become Contact Person: Mark Caprara, Ph.D., recommendations for the proposed Scientific Review Officer, Center for information collection should be sent a matter of public record. within 30 days of publication of this Scientific Review, National Institutes of Overview of This Information Health, 6701 Rockledge Drive, Room 5156, notice to www.reginfo.gov/public/do/ MSC 7844, Bethesda, MD 20892, (301) 613– PRAMain. This particular information Collection 5228, [email protected]. collection can be found by selecting Title: Automated Clearinghouse. Name of Committee: Center for Scientific ‘‘Currently under 30-day Review—Open Review Special Emphasis Panel; PAR–19– for Public Comments’’ or by using the OMB Number: 1651–0078. 222: Small Grants for New Investigators to search function. Form Number: CBP Form 400. Promote Diversity in Health-Related Research FOR FURTHER INFORMATION CONTACT: (R21 Clinical Trial Optional). Current Actions: Extension. Date: November 20, 2020. Requests for additional PRA information should be directed to Seth Renkema, Type of Review: Extension without Time: 12:00 p.m. to 6:00 p.m. change. Agenda: To review and evaluate grant Chief, Economic Impact Analysis applications. Branch, U.S. Customs and Border Affected Public: Companies enrolled Place: National Institutes of Health, Protection, Office of Trade, Regulations in the Automated Broker Interface (ABI). Rockledge II, 6701 Rockledge Drive, and Rulings, 90 K Street NE, 10th Floor, Abstract: The Automated Bethesda, MD 20892 (Virtual Meeting). Washington, DC 20229–1177, Contact Person: Jianxin Hu, Ph.D., Clearinghouse (ACH) allows Telephone number 202–325–0056 or via participants in the Automated Broker Scientific Review Officer, Center for email [email protected]. Please Interface (ABI) to transmit daily Scientific Review, National Institutes of note that the contact information Health, 6701 Rockledge Drive, Room 2156, statements, deferred tax, and bill MSC 7818, Bethesda, MD 20892, (301) 827– provided here is solely for questions regarding this notice. Individuals payments electronically through a 4417, [email protected]. financial institution directly to a CBP (Catalogue of Federal Domestic Assistance seeking information about other CBP programs should contact the CBP account. ACH debit allows the payer to Program Nos. 93.306, Comparative Medicine; exercise more control over the payment 93.333, Clinical Research, 93.306, 93.333, National Customer Service Center at 93.337, 93.393–93.396, 93.837–93.844, 877–227–5511, (TTY) 1–800–877–8339, process. In order to participate in ACH 93.846–93.878, 93.892, 93.893, National or CBP website at https://www.cbp. debit, filers must complete CBP Form Institutes of Health, HHS) gov/. 400, ACH Application. Participants also Dated: October 19, 2020. SUPPLEMENTARY INFORMATION: CBP use this form to notify CBP of changes Miguelina Perez, invites the general public and other to bank information or contact Program Analyst, Office of Federal Advisory Federal agencies to comment on the information. The ACH procedure is Committee Policy. proposed and/or continuing information authorized by 19 U.S.C. 58a–58c and 19 [FR Doc. 2020–23470 Filed 10–22–20; 8:45 am] collections pursuant to the Paperwork U.S.C. 66, and set forth in 19 CFR 24.25. Reduction Act of 1995 (44 U.S.C. 3501 BILLING CODE 4140–01–P CBP Form 400 is accessible at https:// et seq.). This proposed information www.cbp.gov/newsroom/publications/ collection was previously published in forms, and is not being updated at this the Federal Register (85 FR 42419) on time. DEPARTMENT OF HOMELAND July 14, 2020, allowing for a 60-day SECURITY comment period. This notice allows for Estimated Number of Respondents: 1,443. U.S. Customs and Border Protection an additional 30 days for public comments. This process is conducted in Estimated Number of Annual [1651–0078] accordance with 5 CFR 1320.8. Written Responses per Respondent: 2. comments and suggestions from the Agency Information Collection Estimated Number of Total Annual public and affected agencies should Responses: 2,886. Activities: Automated Clearinghouse address one or more of the following Estimated Time per Response: 5 AGENCY: U.S. Customs and Border four points: (1) Whether the proposed minutes (0.083 hours). Protection (CBP), Department of collection of information is necessary Homeland Security. for the proper performance of the Estimated Total Annual Burden ACTION: 30-Day notice and request for functions of the agency, including Hours: 240. whether the information will have comments; extension of an existing Dated: October 19, 2020. collection of information. practical utility; (2) the accuracy of the agency’s estimate of the burden of the Seth D. Renkema, SUMMARY: The Department of Homeland proposed collection of information, Branch Chief, Economic Impact Analysis Security, U.S. Customs and Border including the validity of the Branch, U.S. Customs and Border Protection. Protection will be submitting the methodology and assumptions used; (3) [FR Doc. 2020–23462 Filed 10–22–20; 8:45 am] following information collection request suggestions to enhance the quality, BILLING CODE 9111–14–P to the Office of Management and Budget utility, and clarity of the information to (OMB) for review and approval in be collected; and (4) suggestions to accordance with the Paperwork minimize the burden of the collection of Reduction Act of 1995 (PRA). The information on those who are to
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DEPARTMENT OF THE INTERIOR ADDRESSES: Document availability and seq.), prohibits certain activities with comment submission: Submit requests endangered and threatened species Fish and Wildlife Service for copies of the applications and unless authorized by a Federal permit. [FWS–R3–ES–2020–N137; related documents, as well as any The ESA and our implementing FXES11130300000–201–FF03E00000] comments, by one of the following regulations in part 17 of title 50 of the methods. All requests and comments Code of Federal Regulations (CFR) Endangered and Threatened Species; should specify the applicant name(s) provide for the issuance of such permits Receipt of Recovery Permit and application number(s) (e.g., and require that we invite public Applications TEXXXXXX; see table in comment before issuing permits for SUPPLEMENTARY INFORMATION): activities involving endangered species. AGENCY: Fish and Wildlife Service, • Email: [email protected]. Interior. Please refer to the respective application A recovery permit issued by us under ACTION: Notice of receipt of permit number (e.g., Application No. section 10(a)(1)(A) of the ESA applications; request for comments. TEXXXXXX) in the subject line of your authorizes the permittee to conduct email message. activities with endangered species for SUMMARY: We, the U.S. Fish and • U.S. Mail: Regional Director, Attn: scientific purposes that promote Wildlife Service, have received Nathan Rathbun, U.S. Fish and Wildlife recovery or for enhancement of applications for permits to conduct Service, Ecological Services, 5600 propagation or survival of the species. activities intended to enhance the American Blvd. West, Suite 990, Our regulations implementing section propagation or survival of endangered Bloomington, MN 55437–1458. 10(a)(1)(A) for these permits are found or threatened species under the FOR FURTHER INFORMATION CONTACT: Endangered Species Act. We invite the at 50 CFR 17.22 for endangered wildlife Nathan Rathbun, 612–713–5343 species, 50 CFR 17.32 for threatened public and local, State, Tribal, and (phone); [email protected] (email). Federal agencies to comment on these wildlife species, 50 CFR 17.62 for Individuals who are hearing or speech endangered plant species, and 50 CFR applications. Before issuing any of the impaired may call the Federal Relay 17.72 for threatened plant species. requested permits, we will take into Service at 1–800–877–8339 for TTY consideration any information that we assistance. Permit Applications Available for receive during the public comment SUPPLEMENTARY INFORMATION: Review and Comment period. DATES: We must receive your written Background We invite local, State, and Federal comments on or before November 23, The Endangered Species Act of 1973, agencies; Tribes; and the public to 2020. as amended (ESA; 16 U.S.C. 1531 et comment on the following applications:
Permit Application No. Applicant Species Location Activity Type of take action
TE85465D ...... Consumers Energy, Jack- Indiana bat (Myotis MI ...... Conduct scientific research Harass, kill, salvage ...... New. son, MI. sodalis), Northern long- on the impacts of wind eared bat (Myotis turbine smart curtailment, septentrionalis). population management and monitoring. TE33381D ...... Neosho National Fish Hungerford’s crawling water AR, KS, MI, Conduct presence/ ab- Capture, handle, hold, tag, New. Hatchery, Neosho, MO. beetle (Brychius MO, OK. sence surveys, document propagate, culture, re- hungerfordi), Arkansas habitat use, conduct pop- lease, relocate, head- fatmucket (Lampsilis ulation monitoring, evalu- start, buccal swab. powellii), fat pocketbook ate impacts. (Potamilus capax), Neo- sho mucket (Lampsilis rafinesqueana), Ouachita rock pocketbook (Arkansia wheeleri), pink mucket (Lampsilis abrupta), rabbitsfoot (Quadrula cylindrica cylindrica), scaleshell (Leptodea leptodon), sheepnose (Plethobasus cyphyus), snuffbox (Epioblasma triquetra), spectaclecase (Cumberlandia monodonta), winged mapleleaf (Quadrula fragosa).
Public Availability of Comments your entire comment—including your submissions from organizations or personal identifying information—may businesses, and from individuals Written comments we receive become be made publicly available at any time. identifying themselves as part of the administrative record While you can request in your comment representatives or officials of associated with this action. Before including your address, phone number, that we withhold your personal organizations or businesses, will be email address, or other personal identifying information from public made available for public disclosure in identifying information in your review, we cannot guarantee that we their entirety. comment, you should be aware that will be able to do so. Moreover, all
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Next Steps assistance. You may also view the ICR cannot guarantee that we will be able to If we decide to issue permits to any at http://www.reginfo.gov/public/do/ do so. of the applicants listed in this notice, PRAMain. Abstract: Improving customer experience with Federal services is part we will publish a notice in the Federal SUPPLEMENTARY INFORMATION: In of the President’s Management Agenda Register. accordance with the Paperwork (OMB Circular A–11, Section 280, Reduction Act of 1995 (PRA, 44 U.S.C. Authority ‘‘Managing Customer Experience and 3501 et seq.) and 5 CFR 1320.8(d)(1), we Improving Service Delivery’’). The We publish this notice under section provide the general public and other collection of information is necessary to 10(c) of the Endangered Species Act of Federal agencies with an opportunity to enable the Service to garner customer 1973, as amended (16 U.S.C. 1531 et comment on new, proposed, revised, seq.). and stakeholder feedback in an efficient, and continuing collections of timely manner, in accordance with our Lori Nordstrom, information. This helps us assess the commitment to improving service Assistant Regional Director, Ecological impact of our information collection delivery. Additionally, this new Services. requirements and minimize the public’s programmatic clearance is needed in reporting burden. It also helps the [FR Doc. 2020–23505 Filed 10–22–20; 8:45 am] order to be more responsive to public understand our information BILLING CODE 4333–15–P Secretarial Orders 3356 (hunting and collection requirements and provide the fishing opportunities), 3362 (big game requested data in the desired format. habitat), and 3366 (outdoor recreation). DEPARTMENT OF THE INTERIOR On April 17, 2020, we published in This proposed new collection of the Federal Register (86 FR 21450) a information will also allow the Service Fish and Wildlife Service notice of our intent to request that OMB to improve customer service delivery approve this information collection. In and response. This is important because [FWS–HQ–NWRS–2020–N096; that notice, we solicited comments for FXRS126109HD000–201–FF09R23000; OMB OMB Circular A–11 designates the Control Number 1018–New] 60 days, ending on June 16, 2020. No Service as a High-Impact Service comments were received in response to Provider. Agency Information Collection that notice. The programmatic clearance applies Activities; Submission to the Office of As part of our continuing effort to to social science surveys, interviews, Management and Budget for Review reduce paperwork and respondent and focus groups designed to provide and Approval; Programmatic burdens, we are again soliciting information to Service managers and Clearance for U.S. Fish and Wildlife comments from the public and other practitioners to improve quality and Service Social Science Research Federal agencies on the proposed ICR utility of agency programs, services, and that is described below. We are planning efforts. To ensure continuous AGENCY: Fish and Wildlife Service, especially interested in public comment improvement, Service activities and Interior. addressing the following: projects require ongoing systematic ACTION: Notice of information collection; (1) Whether or not the collection of assessment of their design, request for comment. information is necessary for the proper implementation, and outcomes. Data performance of the functions of the SUMMARY: In accordance with the from collections undertaken through the agency, including whether or not the Paperwork Reduction Act, we, the U.S. proposed programmatic clearance information will have practical utility; would provide information for Fish and Wildlife Service (Service), are (2) The accuracy of our estimate of the proposing a new information collection. planning, monitoring, and evaluating burden for this collection of National Wildlife Refuge System efforts DATES: Interested persons are invited to information, including the validity of as well as efforts of other Service submit comments on or before the methodology and assumptions used; programs. The scope of this November 23, 2020. (3) Ways to enhance the quality, programmatic clearance includes ADDRESSES: Send your comments and utility, and clarity of the information to individual surveys, focus groups, and suggestions on the information be collected; and interviews of refuge visitors, potential collection requirements to the Desk (4) How might the agency minimize visitors, and residents of communities Officer for the Department of the the burden of the collection of near Service-managed units, and Interior at OMB–OIRA at (202) 395– information on those who are to stakeholders and partners, including _ 5806 (fax) or OIRA Submission@ respond, including through the use of tribal interests. omb.eop.gov (email). Please provide a appropriate automated, electronic, To qualify for the generic copy of your comments to the Service mechanical, or other technological programmatic review process, survey Information Collection Clearance collection techniques or other forms of questions must show a clear tie to Officer, U.S. Fish and Wildlife Service, information technology, e.g., permitting Service management needs. The MS: PRB (JAO/3W), 5275 Leesburg Pike, electronic submission of response. programmatic review may only be used Falls Church, VA 22041–3803 (mail); or Comments that you submit in for noncontroversial information by email to [email protected]. Please response to this notice are a matter of collections that are unlikely to attract or reference OMB Control Number ‘‘1018– public record. Before including your include topics of significant public Programmatic’’ in the subject line of address, phone number, email address, interest. We must obtain OMB approval your comments. or other personal identifying of all surveys developed using the pre- FOR FURTHER INFORMATION CONTACT: information in your comment, you approved suite of questions before the Madonna L. Baucum, Service should be aware that your entire survey can be initiated. This suite of Information Collection Clearance comment—including your personal questions will be used to develop Officer, by email at [email protected], identifying information—may be made customer experience and satisfaction or by telephone at (703) 358–2503. publicly available at any time. While surveys to meet requirements of OMB Individuals who are hearing or speech you can ask us in your comment to Circular A–11, as well as commitments impaired may call the Federal Relay withhold your personal identifying to respond to the above-named Service at 1–800–877–8339 for TTY information from public review, we Secretarial Orders.
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Title of Collection: Programmatic Respondents/Affected Public: Persons government officials representing the Clearance for U.S. Fish and Wildlife visiting units managed by the Service; local area; landowners; partners; Service Social Science Research. potential visitors, including ‘‘virtual stakeholders; and tribal interests. OMB Control Number: 1018–New. visitors’’ who access content from a Respondent’s Obligation: Voluntary. Service website; local community Frequency of Collection: On occasion. Form Number: None. members; educators taking part in Total Estimated Annual Nonhour Type of Review: New. programs both on and off Service lands; Burden Cost: None.
Annual estimates Completion Mode Number of time per Burden respondents response Hours ** (avg. minutes)
On-site, mail, internet surveys * ...... 20,333 20 6,778 Telephone surveys ...... 833 25 347 All non-response surveys ...... 784 5 65 Focus groups/In-person interviews ...... 59 60 59
Annual Total ...... 22,009 ...... 7,249
3 Year Total ...... 66,027 ...... 21,747 * Includes 2-minute contact time for some surveys, interviews, and focus groups, and approximately 2,500 electronic surveys. ** All figures are rounded.
An agency may not conduct or ADDRESSES: Written comments and public understand our information sponsor and a person is not required to recommendations for the proposed collection requirements and provide the respond to a collection of information information collection should be sent requested data in the desired format. unless it displays a currently valid OMB within 30 days of publication of this On May 26, 2020, we published in the control number. notice to www.reginfo.gov/public/do/ Federal Register (85 FR 31543) a notice The authority for this action is the PRAMain. Find this particular of our intent to request that OMB Paperwork Reduction Act of 1995 (44 information collection by selecting approve this information collection. In U.S.C. 3501 et seq.). ‘‘Currently under 30-day Review—Open that notice, we solicited comments for Dated: October 20, 2020. for Public Comments’’ or by using the 60 days, ending on July 27, 2020. We Madonna Baucum, search function. Please provide a copy received the following comments in Information Collection Clearance Officer, U.S. of your comments to the Service response to that notice: Fish and Wildlife Service. Information Collection Clearance Comment 1: Comment received via Officer, U.S. Fish and Wildlife Service, [FR Doc. 2020–23499 Filed 10–22–20; 8:45 am] email from Jean Public on May 26, MS: PRB/PERMA (JAO/3W), 5275 BILLING CODE 4333–15–P 2020—Commenter believes taxpayer Leesburg Pike, Falls Church, VA 22041– funds associated with the Native Youth 3803 (mail); or by email to Info_Coll@ Community Adaptation and Leadership DEPARTMENT OF THE INTERIOR fws.gov. Please reference OMB Control Congress (NYCALC) Program should be Number 1018–NYCALC in the subject used only for Alaska Natives. Fish and Wildlife Service line of your comments. Agency Response to Comment 1: No [FWS–HQ–NCTC–2020–N112; FOR FURTHER INFORMATION CONTACT: action was taken, as the NYCALC FXGO16610900600 (201) FF09X35000; OMB Madonna L. Baucum, Service program is already open to Alaska Control Number 1018–New] Information Collection Clearance Natives, with a strong emphasis on Officer, by email at [email protected], recruitment from Alaska. Agency Information Collection or by telephone at (703) 358–2503. As part of our continuing effort to Activities; Submission to the Office of Individuals who are hearing or speech reduce paperwork and respondent Management and Budget for Review impaired may call the Federal Relay burdens, we are again soliciting and Approval; Native Youth Service at 1–800–877–8339 for TTY comments from the public and other Community Adaptation and Leadership assistance. You may also view the Federal agencies on the proposed ICR Congress information collection request (ICR) at that is described below. We are http://www.reginfo.gov/public/do/ AGENCY: Fish and Wildlife Service, especially interested in public comment PRAMain. Interior. addressing the following: ACTION: Notice of information collection; SUPPLEMENTARY INFORMATION: In (1) Whether or not the collection of request for comment. accordance with the Paperwork information is necessary for the proper Reduction Act of 1995 (PRA, 44 U.S.C. performance of the functions of the SUMMARY: In accordance with the 3501 et seq.) and 5 CFR 1320.8(d)(1), we agency, including whether or not the Paperwork Reduction Act of 1995, we, provide the general public and other information will have practical utility; the U.S. Fish and Wildlife Service Federal agencies with an opportunity to (2) The accuracy of our estimate of the (Service), are proposing a new comment on new, proposed, revised, burden for this collection of information collection in use without an and continuing collections of information, including the validity of OMB Control Number. information. This helps us assess the the methodology and assumptions used; DATES: Interested persons are invited to impact of our information collection (3) Ways to enhance the quality, submit comments on or before requirements and minimize the public’s utility, and clarity of the information to November 23, 2020. reporting burden. It also helps the be collected; and
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(4) How might the agency minimize Relationships with Native Governments • Applicant’s participation in the burden of the collection of (September 27, 2004); extracurricular activities, school clubs, information on those who are to • Department of the Interior or community organizations; respond, including through the use of Secretarial Order (S.O.) 3206, • Applicant’s volunteer experience; appropriate automated, electronic, ‘‘American Indian Tribal Rights, and mechanical, or other technological Federal-Tribal Trust Responsibilities, • Applicant’s accomplishments or collection techniques or other forms of and the Endangered Species Act’’ (June awards received. information technology, e.g., permitting 5, 1997); Each applicant also provides essay electronic submission of response. • S.O. 3317, ‘‘DOI Policy: Department responses to questions concerning Comments that you submit in of the Interior Policy on Consultation topics such as environmental issues response to this notice are a matter of with Indian Tribes’’ (December 1, 2011); affecting his or her home/Tribal public record. Before including your • S.O. 3335, ‘‘Reaffirmation of the community, how or whether the address, phone number, email address, Federal Trust Responsibility to environmental issues are addressed, or other personal identifying Federally Recognized Indian Tribes and and/or how, as a Native youth leader, he information in your comment, you Individual Indian Beneficiaries’’ or she can lead the community in should be aware that your entire (August 20, 2014); and adapting to a changing environment. comment—including your personal • Service Policy 520 FW 1, ‘‘Native Successful applicants must also provide identifying information—may be made basic medical information to assure publicly available at any time. While American Policy’’ (January 20, 2016). The weeklong environmental their health and safety while on site at you can ask us in your comment to the National Conservation Training withhold your personal identifying conference fosters an inclusive, meaningful, and educational Center for the Congress. The on-site information from public review, we nurse keeps this information strictly cannot guarantee that we will be able to opportunity for aspiring Native youth leaders interested in addressing confidential, for use only in an do so. emergency. Abstract: The Service offers eligible environmental issues facing Native The following Federal partners assist Native American, Alaskan Native, and American, Alaskan Native, and Pacific and support the Service’s Pacific Islander high school students the Islander communities. Eligible students—representing a diverse mix of administration of the Congress: opportunity to apply for the Native • Youth Community Adaptation and Native communities from various The U.S. Department of the Leadership Congress (Congress). The geographic locations, both urban and Interior— mission of the Congress is to develop rural—compete for the opportunity to —Bureau of Indian Affairs; future conservation leaders with the represent their Native communities —Bureau of Land Management; skills, knowledge, and tools to address from across the country. The students —National Park Service; environmental change and conservation learn about environmental change and —United States Geological Survey; challenges to better serve their schools conservation while strengthening their • The U.S. Department of and home communities. The Congress leadership skills for addressing Agriculture—U.S. Forest Service; supports and operates under the conservation issues within their own • The U.S. Department of following authorities: Native communities. Commerce—National Oceanic and • Executive Order (E.O.) 13175, Through a cooperative agreement Atmospheric Administration; ‘‘Consultation and Coordination With with the New Mexico Wildlife • The Federal Emergency Indian Tribal Governments’’ (November Federation (NMWF), the Service solicits Management Agency; and 6, 2000); and evaluates applications from eligible • • The National Aeronautics and E.O. 13515, ‘‘Increasing students interested in applying for the Space Administration. Participation of Asian Americans and program. The NMWF notifies successful Title of Collection: Native Youth Pacific Islanders in Federal Programs’’ applicants and arranges all travel for Community Adaptation and Leadership (October 14, 2009); them. Information collected from each • Congress. E.O. 13592, ‘‘Improving American applicant via an online application Indian and Alaska Native Educational OMB Control Number: 1018–New. administered by the NMWF includes: Form Number: None. Opportunities and Strengthening Tribal • Applicant’s full name, contact Type of Review: Existing collection of Colleges and Universities’’ (December 2, information, date of birth, and Tribal/ 2011); information in use without an OMB • community affiliation; Control Number. Public Law 116–9, Section 9003, • ‘‘John D. Dingell, Jr. Conservation, Emergency contact information for Respondents/Affected Public: Eligible applicant; high school or college students Management, and Recreation Act’’ • (March 12, 2019); Name and contact information of interested in applying for the program. • 16 U.S.C. 1727b, Indian Youth applicant’s mentor; Respondent’s Obligation: Voluntary. Service Corps; • Applicant’s school name and Frequency of Collection: On occasion. • White House Memorandum on address; Total Estimated Annual Nonhour Government-to-Government • Applicant’s current grade in school; Burden Cost: None.
Completion Total annual time Total annual Activity responses per response burden (hours) hours
Application ...... 105 4 420 Student Medical Information ...... 100 .5 50
Totals ...... 205 ...... 470
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An agency may not conduct or We are especially interested in public collected data showed an improvement sponsor and a person is not required to comment addressing the following in both location and attribute accuracy respond to a collection of information issues: (1) Is the collection necessary to for existing data points. Completeness, unless it displays a currently valid OMB the proper functions of the USGS; (2) or the extent to which all appropriate control number. will this information be processed and features were identified and recorded, The authority for this action is the used in a timely manner; (3) is the was also improved. Paperwork Reduction Act of 1995 (44 estimate of burden accurate; (4) how Title of Collection: The National Map U.S.C. 3501 et seq.). might the USGS enhance the quality, Corps—Volunteered Geographic utility, and clarity of the information to Information Project. Madonna Baucum, be collected; and (5) how might the OMB Control Number: 1028–0111. Information Collection Clearance Officer, U.S. USGS minimize the burden of this Form Number: None. Fish and Wildlife Service. collection on the respondents, including Type of Review: Renewal of a [FR Doc. 2020–23498 Filed 10–22–20; 8:45 am] through the use of information currently approved collection. BILLING CODE 4333–15–P technology. Respondents/Affected Public: General Comments that you submit in public. response to this notice are a matter of Total Estimated Number of Annual DEPARTMENT OF THE INTERIOR public record. We will include or Respondents: 665. Total Estimated Number of Annual Geological Survey summarize each comment in our request to OMB to approve this ICR. Before Responses: 100,000. [GX20EG33DW20300; OMB Control Number including your address, phone number, Estimated Completion Time per 1028–0111] email address, or other personal Response: 12 minutes on average. identifying information in your Total Estimated Number of Annual Agency Information Collection comment, you should be aware that Burden Hours: 20,000. Activities; The National Map Corps your entire comment—including your Respondent’s Obligation: Voluntary. (TNMCorps)—Volunteered Geographic personal identifying information—may Frequency of Collection: On occasion. Information Project be made publicly available at any time. Total Estimated Annual Nonhour Burden Cost: There are no ‘‘non-hour AGENCY: Geological Survey, Interior. While you can ask us in your comment to withhold your personal identifying cost’’ burdens associated with this IC. ACTION: Notice of information collection; An agency may not conduct, or request for comment. information from public review, we cannot guarantee that we will be able to sponsor and a person is not required to SUMMARY: In accordance with the do so. respond to a collection of information Paperwork Reduction Act of 1995, we, Abstract: The National Map Corps unless it displays a currently valid OMB the U.S. Geological Survey (USGS) are (TNMCorps) is the name of the U.S. control number. proposing to renew an information Geological Survey (USGS) National The authority for this action is the collection. Geospatial Program (NGP) project that Paperwork Reduction Act of 1995 (44 encourages citizen participation in U.S.C. 3501 et seq). DATES: Interested persons are invited to submit comments on or before volunteer map data collection activities. David Brostuen, TNMCorps uses crowdsourcing—new December 22, 2020. Acting Director, National Geospatial technologies and internet services to ADDRESSES: Technical Operations Center USGS. Send your comments on georeference structure points and share [FR Doc. 2020–23459 Filed 10–22–20; 8:45 am] this information collection request (ICR) this information with others on map- by mail to U.S. Geological Survey, based internet platforms—to produce BILLING CODE 4338–11–P Information Collections Officer, 12201 volunteered geographic information Sunrise Valley Drive, MS 159, Reston, _ (VGI). People participating in the crowd DEPARTMENT OF THE INTERIOR VA 20192; or by email to gs-info sourcing are considered part of the [email protected]. Please reference TNMCorps. In general, the National Bureau of Indian Affairs OMB Control Number 1028–0111 in the Structures Dataset (NSD) has been subject line of your comments. populated with the best available [212A2100DD/AAKC001030/ FOR FURTHER INFORMATION CONTACT: To national data. This data has been A0A501010.999900253G] request additional information about exposed for initial improvement by this ICR, contact Erin Korris by email at Final Environmental Impact Statement TNMCorps volunteers via the online and Final Conformity Determination for [email protected], or by telephone at Map Editor (the instrument). In 303–202–4503. the Tejon Indian Tribe’s Proposed Fee- addition, the data goes through a tiered- to-Trust Acquisition and Casino Resort SUPPLEMENTARY INFORMATION: In editing process, which includes Peer Project, Kern County, California accordance with the Paperwork Review and Advanced Editors. At each Reduction Act of 1995, we provide the stage the data is passed through an AGENCY: Bureau of Indian Affairs, general public and other Federal automatic ‘‘magic filter’’ to look for data Interior. agencies with an opportunity to issues before being submitted into the ACTION: Notice of availability. comment on new, proposed, revised, NSD. In addition data goes through and continuing collections of sampling for quality assurance SUMMARY: This notice advises the public information. This helps us assess the procedures. that the Bureau of Indian Affairs (BIA), impact of our information collection Data within the NSD is available to as lead agency, with the Tejon Indian requirements and minimize the public’s the USGS; as well as to the public, at no Tribe (Tribe), Kern County (County), reporting burden. It also helps the cost via The National Map and US National Indian Gaming Commission public understand our information Topo. (NIGC), and the U.S. Environmental collection requirements and provide the Data quality studies in 2012, 2014, Protection Agency (EPA) serving as requested data in the desired format. and 2018 showed that the volunteers’ cooperating agencies, intends to file a We are soliciting comments on the actions were accurate and exceeded Final Environmental Impact Statement proposed ICR that is described below. USGS quality standards. Volunteer- (FEIS) with the EPA in connection with
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the Tribe’s application for transfer into The following alternatives are action/project described above. The FCD trust by the United States of considered in the FEIS: (1) Proposed is included in Appendix Z of the FEIS. approximately 306 acres for gaming and Project; (2) Reduced Intensity Hotel and Locations where the FEIS is Available other purposes to be located west of the Casino; (3) Organic Farm; (4) Alternate for Review: The FEIS is available for Town of Mettler, Kern County, Site for the Proposed Project; and (5) No review at www.tejoneis.com. Contact California. Action Alternative. The BIA has information is listed in the FOR FURTHER DATES: The Record of Decision for the selected Alternative A1, the Proposed INFORMATION CONTACT section of this proposed action will be issued on or Project, as the Preferred Alternative as notice. after 30 days from the date the EPA discussed in the FEIS. Public Comment Availability: publishes its Notice of Availability in Environmental issues addressed in Comments, including names and the Federal Register. The BIA must the FEIS include geology and soils, addresses of respondents, will be receive any comments on the FEIS water resources, air quality, biological available for public review. Before before that date. resources, cultural and paleontological including your address, telephone resources, socioeconomic conditions ADDRESSES: You may submit written number, email address, or other (including environmental justice), comments: personal identifying information in your transportation and circulation, land use, • By mail to: Amy Dutschke, Regional comment, you should be aware that public services, noise, hazardous Director, Bureau of Indian Affairs, your entire comment—including your materials, aesthetics, cumulative effects, Pacific Region, 2800 Cottage Way, personal identifying information—may and indirect and growth inducing Sacramento, CA 95825. Please include be made publicly available at any time. effects. your name, return address, and ‘‘FEIS While you can ask in your comment that The information and analysis Comments, Tejon Indian Tribe Casino your personal identifying information contained in the FEIS, as well as its Project’’ on the first page of your written be withheld from public review, the BIA evaluation and assessment of the comments. cannot guarantee that this will occur. Preferred Alternative, will assist the • By email to: Chad Broussard, Authority: This notice is published Department in its review of the issues Environmental Protection Specialist, pursuant to Sec. 1503.1 of the Council presented in the Tribe’s application. Bureau of Indian Affairs, at of Environmental Quality Regulations Selection of the Preferred Alternative [email protected], using ‘‘FEIS (40 CFR parts 1500 through 1508) and does not indicate the Department’s final Comments, Tejon Indian Tribe Casino Sec. 46.305 of the Department of the decision because the Department must Project’’ as the subject of your email. Interior Regulations (43 CFR part 46), complete its review process. The FOR FURTHER INFORMATION CONTACT: implementing the procedural Department’s review process consists of requirements of the NEPA of 1969, as Chad Broussard, Environmental (1) issuing the notice of availability of amended (42 U.S.C. 4371, et seq.), and Protection Specialist, Bureau of Indian the FEIS; (2) issuing a Record of is in the exercise of authority delegated Affairs, Pacific Regional Office, Decision no sooner than 30 days to the Assistant Secretary—Indian telephone: (916) 978–6165; email: following publication of a Notice of Affairs by 209 DM 8. This notice is also [email protected]. Information is Availability of the FEIS by the EPA in published in accordance with 40 CFR also available at www.tejoneis.com. the Federal Register; (3) issuing a 93.155, which provides reporting SUPPLEMENTARY INFORMATION: The BIA Secretarial Determination pursuant to requirements for conformity published the Notice of Availability for Section 20 of the Indian Gaming determinations. the Draft EIS in the Federal Register and Regulatory Act that determines whether the Bakersfield Californian on June 12, the Tribe’s gaming facility would be in Tara Sweeney, 2020 (85 FR 35948). The BIA held a the best interest of the Tribe and its Assistant Secretary—Indian Affairs. virtual public hearing on July 8, 2020. members and is not detrimental to the Background: The Proposed Project [FR Doc. 2020–23497 Filed 10–22–20; 8:45 am] surrounding community, 25 U.S.C. BILLING CODE 4337–15–P consists of the following components: 2719(b)(1)(A); (4) requesting the (1) The Department of the Interior’s Governor of California’s concurrence (Department) transfer of approximately with the Secretarial Determination; and DEPARTMENT OF THE INTERIOR 306 acres from fee to trust status (5) issuing a final decision on the pursuant to Section 5 of the Indian transfer of the proposed site from fee to Bureau of Indian Affairs Reorganization Act (25 U.S.C. 5108); (2) trust status pursuant to Section 5 of the issuance of a determination by the Indian Reorganization Act, 25 U.S.C. [212A2100DD/AAKC001030/ A0A501010.999900253G] Secretary of the Interior pursuant to 5108. The National Indian Gaming Section 20 of the Indian Gaming Commission will separately consider Final Environmental Impact Statement Regulatory Act determining whether a the Tribe’s application for a for the Little River Band Trust gaming facility on the project site would management contract pursuant to 25 Acquisition and Casino Project, be in the best interest of the Tribe and CFR part 533. Township of Fruitport, Muskegon its members and not detrimental to the In accordance with Section 176 of the County, Michigan surrounding community (25 U.S.C. Clean Air Act (42 U.S.C. 7506), and the 2719(b)(1)(A)); (3) the approval of a EPA general conformity regulations 40 AGENCY: Bureau of Indian Affairs, management contract by the Chairman CFR part 93, subpart B, a Final Interior. of the National Indian Gaming Conformity Determination (FCD) has ACTION: Notice of availability. Commission pursuant to 25 U.S.C. 2711; been prepared for the proposed project. and (4) the development of the trust The Clean Air Act requires Federal SUMMARY: This notice advises the public parcel with a casino, hotel, convention agencies to ensure that their actions that the Bureau of Indian Affairs (BIA) center, multipurpose event space, conform to applicable implementation as lead agency, with the Township of several restaurant facilities, parking plans for achieving and maintaining the Fruitport, County of Muskegon, Little facilities, a recreational vehicle (RV) National Ambient Air Quality Standards River Band of Ottawa Indians (Tribe), park, fire and sheriff stations, and for criteria air pollutants. The BIA has and Federal Highway Administration associated facilities. prepared an FCD for the proposed serving as cooperating agencies, intends
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to file a Final Environmental Impact owned by the Tribe, totaling by the requestor for the number of Statement (FEIS) with the U.S. approximately 86.5 acres, with a variety copies requested. Environmental Protection Agency (EPA) of uses including a casino, hotel, Public comment availability: in connection with the Tribe’s conference center, parking, and other Comments, including names and application requesting the transfer into supporting facilities. addresses of respondents, will be trust by the United States of The following alternatives are available for public review at the BIA approximately 60 acres of land for considered in the FEIS: (1) Proposed address shown in the ADDRESSES gaming and other purposes in the Project; (2) Reduced Intensity section, during regular business hours Township of Fruitport, County of Alternative; (3) Non-Gaming by appointment only, 8 a.m. to 4:30 Muskegon, Michigan. Alternative; (4) Custer Site Alternative; p.m., Monday through Friday, except DATES: The Record of Decision for the and (5) No Action/No Development. The holidays. Before including your address, proposed action will be issued on or BIA has selected Alternative 1, the phone number, email address, or other after 30 days from the date the EPA will Proposed Project, as the Preferred personal identifying information in your publish its Notice of Availability in the Alternative as discussed in the FEIS. comment, you should be aware that Federal Register. The BIA must receive Environmental issues addressed in your entire comment—including your any comments on the FEIS before that the FEIS include geology and soils, personal identifying information—may date. water resources, air quality, biological be made publicly available at any time. ADDRESSES: You may mail comments to resources, cultural and paleontological While you can ask in your comment that Ms. Tammie Poitra, Midwest Regional resources, socioeconomic conditions your personal identifying information Director, Bureau of Indian Affairs, (including environmental justice), be withheld from public review, the BIA Midwest Region, Norman Pointe II transportation and circulation, land use, cannot guarantee that this will occur. Building, 5600 West American public services, noise, hazardous Authority: This notice is published Boulevard, Suite 500, Bloomington, MN materials, aesthetics, cumulative effects, pursuant to Sec. 1503.1 of the Council 55347. Please include your name, return and indirect and growth-inducing of Environmental Quality Regulations address, and the caption: ‘‘FEIS effects. (40 Code of Federal Regulations [CFR] Comments, Little River Band Trust The information and analysis parts 1500 through 1508) and Sec. Acquisition and Casino Project,’’ on the contained in the FEIS, as well as its 46.305 of the Department of the Interior first page of your written comments. evaluation and assessment of the Regulations (43 CFR part 46), FOR FURTHER INFORMATION CONTACT: Mr. Preferred Alternative, will assist the implementing the procedural Scott Doig, Regional Environmental Department in its review of the issues requirements of the NEPA of l969, as Scientist, Division of Environmental, presented in the Tribe’s application. amended (42 U.S.C. 4371, et seq.), and Facilities, Safety and Cultural Resource Selection of the Preferred Alternative is in the exercise of authority delegated Management (DEFSCRM), Bureau of does not indicate the Department’s final to the Assistant Secretary—Indian Indian Affairs, Midwest Region, Norman decision because the Department must Affairs by 209 DM 8. Pointe II Building, 5600 West American complete its review process. The Tara Sweeney, Boulevard, Suite 500, Bloomington, MN Department’s review process consists of Assistant Secretary—Indian Affairs. 55347; phone: (612) 725–4514; email: (1) issuing the notice of availability of [FR Doc. 2020–23508 Filed 10–22–20; 8:45 am] [email protected]. Information is also the FEIS; (2) issuing a Record of available online at Decision no sooner than 30 days BILLING CODE 4337–15–P www.littlerivereis.com. following publication of the Notice of SUPPLEMENTARY INFORMATION: The BIA Availability of the FEIS by the EPA in DEPARTMENT OF THE INTERIOR published a Notice of Availability for the Federal Register; (3) issuing a the Draft EIS in the Federal Register on Secretarial Determination pursuant to Bureau of Land Management November 21, 2018 (83 FR 58783), and Section 20 of the Indian Gaming Regulatory Act that determines whether [L19900000.PO0000.LLWO320.20X; OMB on December 12, 2018, held a public Control Number 1004–0169] hearing for the proposed project at the Tribe’s gaming facility would be in Fruitport Middle School, 3113 East the best interest of the Tribe and its Agency Information Collection Pontaluna Road, Fruitport, Michigan members and is not detrimental to the Activities; Use and Occupancy Under 49415. On March 18, 2019, the BIA surrounding community, 25 U.S.C. the Mining Laws reopened the public comment period 2719(b)(1)(A); (4) requesting the until April 17, 2019 (84 FR 9807). Governor of Michigan’s concurrence AGENCY: Bureau of Land Management, Background: The Proposed Project with the Secretarial Determination; and Interior. consists of the following components: (5) issuing a final decision on the ACTION: Notice of information collection; (1) The Department of the Interior’s transfer of the proposed site from fee to request for comment. (Department) transfer of approximately trust status pursuant to Section 5 of the 60 acres from fee to trust status pursuant Indian Reorganization Act, 25 U.S.C. SUMMARY: In accordance with the to Section 5 of the Indian 5108. Paperwork Reduction Act of 1995, we, Reorganization Act (25 U.S.C. 5108); (2) Locations where the FEIS is available the Bureau of Land Management (BLM) issuance of a determination by the for review: The FEIS will be available for are proposing to renew an information Secretary of the Interior pursuant to review at the Fruitport Public Library collection. Section 20 of the Indian Gaming located at 605 Eclipse Blvd., Fruitport, DATES: Interested persons are invited to Regulatory Act determining whether a Michigan 53511, and online at submit comments on or before gaming facility on the project site would www.littlerivereis.com. Contact December 22, 2020. be in the best interest of the Tribe and information is listed in the FOR FURTHER ADDRESSES: Send your comments on its members and not detrimental to the INFORMATION CONTACT section of this this information collection request (ICR) surrounding community (25 U.S.C. notice. Individual paper copies of the by mail to Faith Bremner, Senior 2719(b)(1)(A)); and (3) development of DEIS will be provided only upon Regulatory Analyst, U.S. Department of the trust parcel and adjacent land payment of applicable printing expenses the Interior, Bureau of Land
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Management, 1849 C Street NW, email address, or other personal SUMMARY: The plats of survey of lands Washington, DC 20240; or by email to identifying information in your described in this notice are scheduled to [email protected]. Please reference comment, you should be aware that be officially filed in the Bureau of Land Office of Management and Budget your entire comment—including your Management (BLM), Alaska State Office, (OMB) Control Number 1004–0169 in personal identifying information—may Anchorage, Alaska. The surveys, which the subject line of your comments. be made publicly available at any time. were executed at the request of the FOR FURTHER INFORMATION CONTACT: To While you can ask us in your comment Bureau of Indian Affairs and BLM, are request additional information about to withhold your personal identifying necessary for the management of these this ICR, contact Tom Kilbey by email information from public review, we lands. at [email protected], or by telephone at cannot guarantee that we will be able to DATES: The BLM must receive protests 602–417–9349. Individuals who are do so. by November 23, 2020. hearing or speech impaired may call the Abstract: This information collection Federal Relay Service at 1–800–877– enables the BLM to regulate the use and ADDRESSES: You may buy a copy of the 8339 for TTY assistance. You may also occupancy of unpatented hardrock plats from the BLM Alaska Public view the ICR at http://www.reginfo.gov/ mining claims, and to take any action Information Center, 222 W. 7th Avenue, public/do/PRAMain. necessary to prevent unnecessary or Mailstop 13, Anchorage, AK 99513. Please use this address when filing SUPPLEMENTARY INFORMATION: In undue degradation of public lands as a written protests. You may also view the accordance with the Paperwork result of such use or occupancy. The plats at the BLM Alaska Public Reduction Act of 1995 (PRA, 44 U.S.C. BLM collects information from mining Information Center, Fitzgerald Federal 3501 et seq.) and 5 CFR 1320.8(d)(1), all claimants who want to undertake the Building, 222 W. 8th Avenue, information collections require approval activities that are necessary in order to Anchorage, Alaska, at no cost. under the PRA. We may not conduct or locate a mining claim or mill site. sponsor and you are not required to Title of Collection: Use and FOR FURTHER INFORMATION CONTACT: respond to a collection of information Occupancy Under the Mining Laws. Thomas B. O’Toole, Chief, Branch of OMB Control Number: 1004–0169. unless it displays a currently valid OMB Cadastral Survey, Alaska State Office, Form Number: None. Bureau of Land Management, 222 W. control number. Type of Review: Extension of a As part of our continuing effort to 7th Avenue, Anchorage, AK 99513; currently approved collection. 907–271–4231; [email protected]. People reduce paperwork and respondent Respondents/Affected Public: Mining who use a telecommunications device burdens, we invite the public and other claimants. for the deaf may call the Federal Relay Federal agencies to comment on new, Total Estimated Number of Annual Service (FRS) at 1–800–877–8339 to proposed, revised, and continuing Respondents: 70. contact the BLM during normal business collections of information. This helps us Total Estimated Number of Annual hours. The FRS is available 24 hours a assess the impact of our information Responses: 70. collection requirements and minimize Estimated Completion Time per day, 7 days a week, to leave a message the public’s reporting burden. It also Response: 4 hours. or question with the above individual. helps the public understand our Total Estimated Number of Annual You will receive a reply during normal information collection requirements and Burden Hours: 280. business hours. provide the requested data in the Respondent’s Obligation: Required to SUPPLEMENTARY INFORMATION: The lands desired format. obtain or retain a benefit. surveyed are: We are especially interested in public Frequency of Collection: Once. comment addressing the following: Total Estimated Annual Nonhour Copper River Meridian, Alaska (1) Whether or not the collection of Burden Cost: None. T. 12 N., R. 20 E., Correction of Survey Plat, information is necessary for the proper An agency may not conduct or dated September 4, 2020, corrects the performance of the functions of the sponsor and a person is not required to label of lots 2 and 3 of section 34, as agency, including whether or not the depicted on the township plat accepted respond to a collection of information for the Director on July 15, 1980 information will have practical utility; unless it displays a currently valid OMB T. 16 S., R. 4 W., accepted September 17, (2) The accuracy of our estimate of the control number. 2020 burden for this collection of The authority for this action is the U.S. Survey No. 14501, accepted September information, including the validity of Paperwork Reduction Act of 1995 (44 10, 2020, situated in T. 20 N., R. 11 E. the methodology and assumptions used; U.S.C. 3501 et seq.). U.S. Survey No. 14504, accepted September (3) Ways to enhance the quality, 18, 2020, situated in T. 26 N., R. 14 E. Faith Bremner, utility, and clarity of the information to Seward Meridian, Alaska be collected; and Senior Regulatory Analyst. (4) How might the agency minimize [FR Doc. 2020–23489 Filed 10–22–20; 8:45 am] T. 7 N., R. 9 E., Correction of Survey Plat, dated September 16, 2020, corrects the the burden of the collection of BILLING CODE 4310–84–P label AREA A to read TRACT A, as information on those who are to depicted on the township plat officially respond, including through the use of filed February 12, 1998 appropriate automated, electronic, DEPARTMENT OF THE INTERIOR U.S. Survey No. 9083, Correction of Survey mechanical, or other technological Plat, dated October 6, 2020, corrects the collection techniques or other forms of Bureau of Land Management Parcels Area in the plat memorandum on information technology, e.g., permitting [LLAK940000.L14100000.BX0000.21X. sheet 1 of 4 sheets, situated in T. 13 N., electronic submission of response. LXSS001L0100] R. 4 W., as depicted on the township plat Comments that you submit in officially filed March 12, 2009 Filing of Plats of Survey: Alaska U.S. Survey No. 14480, Cancelation of survey response to this notice are a matter of plat, dated October 16, 2020, officially public record. We will include or AGENCY: Bureau of Land Management, filed February 15, 2018, situated in T. 8 summarize each comment in our request Interior. S., R. 32 W. to OMB to approve this ICR. Before ACTION: Notice of official filing. U.S. Survey No. 14480, accepted October 16, including your address, phone number, 2020, situated in T. 8 S., R. 32 W.
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A person or party who wishes to ACTION: Notice of public meetings. issues and facts on selected topics for protest one or more plats of survey future consideration by the RAC. The SUMMARY: identified above must file a written In accordance with the Subcommittee’s primary goal is to Federal Land Policy and Management notice of protest with the State Director provide information to the RAC Act of 1976 and the Federal Advisory for the BLM in Alaska. The notice of members that allows them to better Committee Act of 1972, the U.S. protest must identify the plat(s) of respond to time-sensitive issues, such as survey that the person or party wishes Department of the Interior, Bureau of Land Management’s (BLM) John Day- responding to an environmental to protest. You must file the notice of document within the public comment protest before the scheduled date of Snake Resource Advisory Council (RAC) Planning Subcommittee and John Day- period. No decisions are made at the official filing for the plat(s) of survey subcommittee level. being protested. The BLM will not Snake RAC will meet as indicated consider any notice of protest filed after below. Standing RAC meeting agenda items the scheduled date of official filing. A DATES: The John Day-Snake RAC include management of energy and notice of protest is considered filed on Planning Subcommittee will meet at 6 minerals, timber, rangeland and grazing, the date it is received by the State p.m. PST Thursday, December 10, 2020, commercial and dispersed recreation, Director for the BLM in Alaska during via Zoom conference. The John Day- wildland fire and fuels, and wild horses regular business hours; if received after Snake RAC will meet Thursday and and burros; review of and/or regular business hours, a notice of Friday, February 18 and 19, 2021, recommendations regarding proposed protest will be considered filed the next starting at 1 p.m. PST Thursday, actions by Vale or Prineville BLM business day. A written statement of February 18, and 8 a.m. PST Friday, districts and the Wallowa-Whitman, reasons in support of a protest, if not February 19. A public comment period Umatilla, Malheur, Ochoco, and filed with the notice of protest, must be will be offered both days of the meeting. Deschutes National Forests; and any filed with the State Director for the BLM ADDRESSES: The Planning Subcommittee other business that may reasonably in Alaska within 30 calendar days after Zoom meeting details will be published come before the RAC. the notice of protest is filed. on the RAC web page at least 10 days Information to be distributed to the If a notice of protest against a plat of in advance of the meeting at https:// RAC is requested prior to the start of survey is received prior to the www.blm.gov/get-involved/resource- each meeting. Final agendas will be scheduled date of official filing, the advisory-council/near-you/oregon- posted online at https://www.blm.gov/ official filing of the plat of survey washington/john-day-rac. The RAC get-involved/resource-advisory-council/ identified in the notice of protest will be meeting on February 18–19, 2021, will near-you/oregon-washington/john-day- stayed pending consideration of the be held at the Prineville BLM offices, rac at least one week prior to the protest. A plat of survey will not be 3050 NE 3rd Street, Prineville, OR meeting. officially filed until the dismissal or 97754. A virtual option may be offered resolution of all protests of the plat. for this meeting if public health The Designated Federal Officer Before including your address, phone restrictions are in place. Further details attends all calls and meetings, takes number, email address, or other will be available at https:// minutes, and publishes these minutes personally identifiable information in a www.blm.gov/get-involved/resource- on the RAC web page at https:// notice of protest or statement of reasons, advisory-council/near-you/oregon- www.blm.gov/get-involved/resource- you should be aware that the documents washington/john-day-rac. advisory-council/near-you/oregon- you submit, including your personally FOR FURTHER INFORMATION CONTACT: washington/john-day-rac. identifiable information, may be made Larisa Bogardus, Public Affairs Officer, All calls and meetings are open to the publicly available in their entirety at 3100 H Street, Baker City, OR 97814; public in their entirety. The public may any time. While you can ask the BLM 541–219–6863; [email protected]. send written comments to the to withhold your personally identifiable Persons who use a telecommunications subcommittee and RAC in response to information from public review, we device for the deaf (TDD) may call the material presented. Comments can be cannot guarantee that we will be able to Federal Relay Service (FRS) at 1(800) mailed to: BLM Vale District; Attn. Don do so. 877–8339 to contact the above Gonzalez; 100 Oregon Street; Vale, OR Authority: 43 U.S.C. Chap. 3. individual during normal business 97918. hours. The FRS is available 24 hours a Public Disclosure of Comments: Thomas B. O’Toole, day, 7 days a week, to leave a message Chief Cadastral Surveyor, Alaska. Before including your address, phone or question with the above individual. number, email address, or other [FR Doc. 2020–23518 Filed 10–22–20; 8:45 am] You will receive a reply during normal personal identifying information in your BILLING CODE 4310–JA–P business hours. comments, please be aware that your SUPPLEMENTARY INFORMATION: The 15- entire comment—including your member John Day-Snake RAC was DEPARTMENT OF THE INTERIOR personal identifying information—may chartered and appointed by the be made publicly available at any time. Bureau of Land Management Secretary of the Interior. Their diverse While you can ask us in your comment perspectives are represented in to withhold your personal identifying commodity, conservation, and general information from public review, we [LLORV00000.L10200000.XZ0000. interests. They provide advice to the LXSSH1050000.20X.HAG 20–0088] cannot guarantee we will be able to do BLM and, as needed, to the U.S. Forest so. Notice of Public Meeting for the John Service resource managers regarding Day-Snake Resource Advisory Council management plans and proposed Authority: 43 CFR 1784.4–2. resource actions on public land in the Planning Subcommittee and the John Donald N. Gonzalez, Day-Snake Resource Advisory Council John Day-Snake area. The Planning Subcommittee was Vale District Manager. AGENCY: Bureau of Land Management, established to gather information, [FR Doc. 2020–23549 Filed 10–22–20; 8:45 am] Interior. conduct research, and analyze relevant BILLING CODE 4310–33–P
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INTERNATIONAL TRADE INTERNATIONAL TRADE Fenghua, China (‘‘Ningbo’’). The COMMISSION COMMISSION Commission’s Office of Unfair Import Investigations (‘‘OUII’’) also was named [Investigation No. 731–TA–1472 (Final)] [Investigation No. 337–TA–1203] as a party. Difluoromethane (R–32) from China; Certain Rolled-Edge Rigid Plastic Food The complaint and notice of investigation were served on Ningbo on Revised Schedule for the Subject Trays; Notice of Commission July 7, 2020. On August 20, 2020, Investigation Determination Not To Review an Initial Determination Finding Ningbo Linhua Complainants filed a motion for an order to show cause why Ningbo should AGENCY: United States International Plastic Co., Ltd. in Default; Request for not be found in default for failing to Trade Commission. Written Submissions on Remedy, the respond to the complaint and notice of ACTION: Notice. Public Interest, and Bonding investigation. On September 8, 2020, the DATES: October 19, 2020. AGENCY: U.S. International Trade ALJ ordered Ningbo to show cause why it should not be found in default and FOR FURTHER INFORMATION CONTACT: Commission. ACTION: Notice. Ningbo did not file a response. Ahdia Bavari (202–205–3191), Office of On October 6, 2020, the ALJ issued Investigations, U.S. International Trade SUMMARY: Notice is hereby given that the subject ID (Order No. 7) finding Commission, 500 E Street SW, the U.S. International Trade Ningbo in default. The ID notes that Washington, DC 20436. Hearing- Commission (‘‘Commission’’) has Ningbo is the last remaining respondent impaired persons can obtain determined not to review an initial and the ID terminates the investigation. information on this matter by contacting determination (‘‘ID’’) (Order No. 7) No party petitioned for review of the ID. the Commission’s TDD terminal on 202– finding Ningbo Linhua Plastic Co., Ltd. The Commission has determined not 205–1810. Persons with mobility (‘‘Ningbo’’), the last remaining to review the ID. Ningbo is in default. impairments who will need special respondent, in default. Accordingly, the Ningbo is the sole remaining assistance in gaining access to the Commission requests written respondent in this investigation. Section Commission should contact the Office submissions from the parties, interested 337(g)(1) and Commission Rule of the Secretary at 202–205–2000. government agencies, and interested 210.16(c) authorize the Commission to General information concerning the persons on the issues of remedy, the order relief against a respondent found Commission may also be obtained by public interest, and bonding, under the in default, unless, after considering the accessing its internet server (https:// schedule set forth below. public interest, it finds that such relief www.usitc.gov). The public record for should not issue. this investigation may be viewed on the FOR FURTHER INFORMATION CONTACT: In connection with the final Commission’s electronic docket (EDIS) Amanda Fisherow, Office of the General disposition of this investigation, the at https://edis.usitc.gov. Counsel, U.S. International Trade statute authorizes issuance of, inter alia, Commission, 500 E Street SW, SUPPLEMENTARY INFORMATION: Effective (1) an exclusion order that could result Washington, DC 20436, telephone (202) August 27, 2020, the Commission in the exclusion of the subject articles 205–2737. Copies of non-confidential published its schedule for the final from entry into the United States; and/ documents filed in connection with this phase of this investigation (85 FR 55688, or (2) a cease and desist order that could investigation may be viewed on the September 9, 2020). The Commission is result in the respondent being required Commission’s electronic docket (EDIS) revising its schedule. to cease and desist from engaging in at https://edis.usitc.gov. For help The Commission’s revised dates in unfair acts in the importation and sale accessing EDIS, please email the schedule are as follows: Requests to of such articles. Accordingly, the [email protected]. General appear at the hearing must be filed with Commission is interested in receiving information concerning the Commission the Secretary to the Commission not written submissions that address the may also be obtained by accessing its later than January 8, 2021. If deemed form of remedy, if any, that should be internet server at https://www.usitc.gov. necessary, the prehearing conference ordered. If a party seeks exclusion of an Hearing-impaired persons are advised will be held on January 11, 2021. The article from entry into the United States that information on this matter can be hearing will be held on January 14, 2021 for purposes other than entry for obtained by contacting the at 9:30 a.m. The deadline for filing consumption, the party should so Commission’s TDD terminal, telephone posthearing briefs is January 21, 2021. indicate and provide information 202–205–1810. For further information concerning establishing that activities involving this proceeding, see the Commission’s SUPPLEMENTARY INFORMATION: The other types of entry either are adversely notice cited above and the Commission instituted this investigation affecting it or likely to do so. For Commission’s Rules of Practice and on June 23, 2020, based on a complaint background, see Certain Devices for Procedure, part 201, subparts A through filed by Clearly Clean Products, LLC of Connecting Computers via Telephone E (19 CFR part 201), and part 207, South Windsor, Connecticut and Lines, Inv. No. 337–TA–360, USITC subparts A and C (19 CFR part 207). Converter Manufacturing, LLC of Pub. No. 2843, Comm’n Op. at 7–10 Orwigsburg, Pennsylvania (Dec. 1994). Authority: This investigation is being (‘‘Complainants’’). 85 FR 37689–90 The statute requires the Commission conducted under authority of title VII of the Tariff Act of 1930; this notice is published (June 23, 2020). The complaint alleges a to consider the effects of that remedy pursuant to § 207.21 of the Commission’s violation of section 337 of the Tariff Act upon the public interest. The public rules. of 1930, as amended, 19 U.S.C. 1337 interest factors the Commission will (‘‘section 337’’), by reason of consider include the effect that an By order of the Commission. infringement of certain claims of U.S. exclusion order and/or cease and desist Issued: October 19, 2020. Patent Nos. 9,908,281 and 10,562,680. orders would have on: (1) The public Lisa Barton, The notice of investigation named the health and welfare, (2) competitive Secretary to the Commission. following respondents: Eco Food Pak conditions in the U.S. economy, (3) U.S. [FR Doc. 2020–23460 Filed 10–22–20; 8:45 am] (USA), Inc. of Chino, California and production of articles that are like or BILLING CODE 7020–02–P Ningbo Linhua Plastic Co., Ltd. of directly competitive with those that are
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subject to investigation, and (4) U.S. Procedures, https://www.usitc.gov/ Practice and Procedure (19 CFR part consumers. The Commission is documents/handbook_on_filing_ 210). therefore interested in receiving written procedures.pdf). Persons with questions By order of the Commission. submissions that address the regarding filing should contact the Issued: October 20, 2020. aforementioned public interest factors Secretary, (202) 205–2000. in the context of this investigation. Any person desiring to submit a Lisa Barton, If the Commission orders some form document to the Commission in Secretary to the Commission. of remedy, the U.S. Trade confidence must request confidential [FR Doc. 2020–23548 Filed 10–22–20; 8:45 am] Representative, as delegated by the treatment. All such requests should be BILLING CODE 7020–02–P President, has 60 days to approve, directed to the Secretary to the disapprove, or take no action on the Commission and must include a full Commission’s determination. See statement of the reasons why the Presidential Memorandum of July 21, Commission should grant such DEPARTMENT OF JUSTICE 2005, 70 FR 43251 (July 26, 2005). treatment. See 19 CFR 201.6. Documents Drug Enforcement Administration During this period, the subject articles for which confidential treatment by the would be entitled to enter the United Commission is properly sought will be States under bond, in an amount treated accordingly. A redacted non- [Docket No. DEA–731] determined by the Commission and confidential version of the document Importer of Controlled Substances prescribed by the Secretary of the must also be filed simultaneously with Application: Mylan Technologies Inc. Treasury. The Commission is therefore any confidential filing. All information, interested in receiving submissions including confidential business AGENCY: Drug Enforcement concerning the amount of the bond that information and documents for which Administration, Justice. should be imposed if a remedy is confidential treatment is properly ACTION: Notice of application. ordered. sought, submitted to the Commission for Written Submissions: Parties to the purposes of this investigation may be SUMMARY: Mylan Technologies Inc. has investigation, interested government disclosed to and used: (i) By the applied to be registered as an importer agencies, and any other interested Commission, its employees and Offices, of basic class(es) of controlled parties are encouraged to file written and contract personnel (a) for substance(s). Refer to Supplemental submissions on the issues of remedy, developing or maintaining the records Information listed below for further the public interest, and bonding. of this or a related proceeding, or (b) in drug information. In their initial submissions, internal investigations, audits, reviews, DATES: Registered bulk manufacturers of Complainants are also requested to and evaluations relating to the the affected basic class(es), and identify the remedy sought and programs, personnel, and operations of applicants therefore, may file written Complainants and OUII are requested to the Commission including under 5 comments on or objections to the submit proposed remedial orders for the U.S.C. Appendix 3; or (ii) by U.S. issuance of the proposed registration on Commission’s consideration. government employees and contract or before November 23, 2020. Such Complainants are further requested to personnel, solely for cybersecurity persons may also file a written request state the dates that the Asserted Patents purposes. All contract personnel will for a hearing on the application on or expire, to provide the HTSUS sign appropriate nondisclosure before November 23, 2020. subheadings under which the accused agreements. All nonconfidential written ADDRESSES: products are imported, and to supply submissions will be available for public Written comments should the identification information for all inspection on EDIS. be sent to: Drug Enforcement known importers of the products at The Commission vote for this Administration, Attention: DEA Federal issue in this investigation. The initial determination took place on October 20, Register Representative/DPW, 8701 written submissions and proposed 2020. Morrissette Drive, Springfield, Virginia remedial orders must be filed no later While temporary remote operating 22152. All requests for a hearing must than close of business on November 3, procedures are in place in response to be sent to: Drug Enforcement 2020. Reply submissions must be filed COVID–19, the Office of the Secretary is Administration, Attn: Administrator, no later than the close of business on not able to serve parties that have not 8701 Morrissette Drive, Springfield, November 10, 2020. Opening retained counsel or otherwise provided Virginia 22152. All requests for a submissions are limited to 15 pages. a point of contact for electronic service. hearing should also be sent to: (1) Drug Reply submissions are limited to 10 Accordingly, pursuant to Commission Enforcement Administration, Attn: pages. No further submissions on any of Rules 201.16(a) and 210.7(a)(1) (19 CFR Hearing Clerk/OALJ, 8701 Morrissette these issues will be permitted unless 201.16(a), 210.7(a)(1)), the Commission Drive, Springfield, Virginia 22152; and otherwise ordered by the Commission. orders that the Complainants complete (2) Drug Enforcement Administration, Persons filing written submissions service for any party/parties without a Attn: DEA Federal Register must file the original document method of electronic service noted on Representative/DPW, 8701 Morrissette electronically on or before the deadlines the attached Certificate of Service and Drive, Springfield, Virginia 22152. stated above. The Commission’s paper shall file proof of service on the SUPPLEMENTARY INFORMATION: In filing requirements in 19 CFR 210.4(f) Electronic Document Information accordance with 21 CFR 1301.34(a), this are currently waived. 85 FR 15798 System (EDIS). is notice that on October 6, 2020, Mylan (March 19, 2020). Submissions should The authority for the Commission’s Technologies Inc., 110 Lake Street, Saint refer to the investigation number (Inv. determination is contained in Section Albans, Vermont 05478–2266, applied No. 337–TA–1203) in a prominent place 337 of the Tariff Act of 1930, as to be registered as an importer of the on the cover page and/or the first page. amended (19 U.S.C. 1337), and in Part following basic class(es) of controlled (See Handbook for Electronic Filing 210 of the Commission’s Rules of substance(s):
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Controlled substance Drug code Schedule
Methylphenidate ...... 1724 II Fentanyl ...... 9801 II
The company plans to import the International Affairs, Criminal Division, District of Texas, San Antonio Division listed controlled substances in finished U.S. Department of Justice, Washington, in the lawsuit entitled United States of dosage form (FDF) from foreign sources DC 20005; Telephone (202) 514–0000. America v. Valero Energy Corporation, for analytical testing and clinical trials SUPPLEMENTARY INFORMATION: On et al., Civil Action No. Case 5:20–cv– in which the foreign FDF will be October 3, 2019, the Home Secretary of 01237. compared to the company’s own the United Kingdom and the Attorney In its Complaint, the United States domestically manufactured FDF. This General of the United States signed the alleges Valero violated Section 211 of analysis is required to allow the U.S.-U.K. CLOUD Agreement. A copy of the Clean Air Act (‘‘CAA’’) and its company to export domestically the U.S.-U.K. CLOUD Agreement is implementing regulations at 40 CFR part manufactured finished dosage form to available at: https://www.justice.gov/ 80, arising from the production and foreign markets. No other activity for dag/cloudact. In accordance with the importation of gasoline and diesel fuel these drug codes is authorized for this Clarifying Lawful Overseas Use of Data that did not meet certain fuel standards registration. Act, Public Law 115–141, Div. V, or programmatic requirements. The Approval of permit applications will Section 105(a) (March 23, 2018), 18 violations occurred at 11 refineries occur only when the registrant’s U.S.C. 2523 (‘‘CLOUD Act’’), the located in Louisiana, Texas, Tennessee, business activity is consistent with what Agreement will enter into force on the New Jersey, Arkansas, and Indiana and is authorized under 21 U.S.C. 952(a)(2). date of the later note completing an one import facility located in New York. The proposed Consent Decree, which Authorization will not extend to the exchange of diplomatic notes between resolves all violations alleged in the import of Food and Drug the parties indicating that each has Administration-approved or non- Complaint, recovers a civil penalty of taken the steps necessary to bring the $2,850,000. Injunctive relief secured by approved finished dosage forms for Agreement into force. See 85 FR 12578 commercial sale. the proposed Consent Decree requires (Mar. 3, 2020) (providing notice that the development and implementation of a William T. McDermott, Attorney General notified Congress that company-wide Fuels Management Assistant Administrator. he had certified the U.S.-U.K. CLOUD System to facilitate Valero’s production Agreement, in accordance with the [FR Doc. 2020–23511 Filed 10–22–20; 8:45 am] of gasoline and diesel fuel in accordance terms of the CLOUD Act, on January 10, BILLING CODE 4410–09–P with the CAA and the Fuels 2020, allowing it to become operative Regulations. The proposed Consent not earlier than 180 days later) and Decree also includes mitigation projects DEPARTMENT OF JUSTICE Article 16 of the U.S.-U.K. CLOUD estimated to reduce volatile organic Agreement (addressing entry in force). compound emissions from certain Office of the Attorney General The Agreement assigns certain Valero facilities by 22.72 tons per year. responsibilities to the ‘‘Designated The publication of this notice opens Designation of Criminal Division as Authority’’ for each country. Article 1.8 a period for public comment on the ‘‘Designated Authority’’ Under an defines ‘‘Designated Authority,’’ for the Consent Decree. Comments should be Agreement With the United Kingdom; United States, as ‘‘the governmental addressed to the Assistant Attorney AG Order No. 4876–2020 entity designated . . . by the Attorney General, Environment and Natural General.’’ AGENCY: Department of Justice. Resources Division, and should refer to United States of America v. Valero ACTION: Notice of Attorney General Designation of the Criminal Division as Energy Corporation, et al., D.J. Ref. No. designation. the Designated Authority 90–5–2–1–111769. All comments must In accordance with Article 1.8 of the SUMMARY: The Agreement between the be submitted no later than thirty (30) Government of the United States of U.S.-U.K. CLOUD Agreement, the days after the publication date of this America and the Government of the Attorney General hereby designates the notice. Comments may be submitted United Kingdom of Great Britain and Criminal Division of the Department of either by email or by mail: Northern Ireland on Access to Justice as the Designated Authority for the United States under the Agreement. To submit Electronic Data for the Purpose of comments: Send them to: Countering Serious Crime (the ‘‘U.S.- Dated: October 19, 2020. U.K. CLOUD Agreement’’ or William P. Barr, By email ...... pubcomment-ees.enrd@ ‘‘Agreement’’) defines ‘‘Designated Attorney General. usdoj.gov. Authority’’ for the United States as the [FR Doc. 2020–23556 Filed 10–20–20; 4:15 pm] By mail ...... Assistant Attorney General, U.S. DOJ—ENRD, P.O. government entity designated by the BILLING CODE 4410–14–P Attorney General and assigns certain Box 7611, Washington, DC responsibilities to the Designated 20044–7611. Authority. This notice designates the DEPARTMENT OF JUSTICE During the public comment period, Criminal Division as the Designated the Consent Decree may be examined Authority for purposes of the Notice of Lodging of Proposed and downloaded at this Justice Agreement. Consent Decree Under the Clean Air Act Department website: https:// DATES: The designation made by this www.justice.gov/enrd/consent-decrees. notice is effective October 23, 2020. On October 19, 2020, the Department We will provide a paper copy of the FOR FURTHER INFORMATION CONTACT: of Justice lodged a proposed Consent Consent Decree upon written request Vaughn Ary, Director, Office of Decree with the Court for the Western and payment of reproduction costs.
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Please mail your request and payment delinquency prevention; advising the submitting the following information to: Consent Decree Library, U.S. DOJ— OJJDP Administrator with respect to collection request to the Office of ENRD, P.O. Box 7611, Washington, DC particular functions and aspects of Management and Budget (OMB) for 20044–7611. OJJDP; and advising the President and review and approval in accordance with Please enclose a check or money order Congress with regard to State the Paperwork Reduction Act of 1995. for $12.50 (0.25 cents per page perspectives on the operation of OJJDP Following publication of the 60-day reproduction cost) payable to the United and Federal legislation pertaining to notice, BJS received two sets of States Treasury for a copy of the juvenile justice and delinquency substantive comments. The first Consent Decree with appendices. For a prevention. More information on the requested that the survey obtain paper copy without the appendices, the FACJJ may be found at information on prosecutors’ handling of cost is $9.25. www.facjj.ojp.gov. appellate cases. The second requested Jeffrey Sands, FACJJ meeting agendas are available that the survey collect demographic on www.facjj.ojp.gov. Agendas will characteristics of defendants. BJS Assistant Section Chief, Environmental Enforcement Section, Environment and generally include: (a) Opening remarks determined that adding these questions Natural Resources Division. and introductions; (b) Presentations and would be too burdensome for [FR Doc. 2020–23450 Filed 10–22–20; 8:45 am] discussion; and (c) member respondents. Additionally, new items announcements. require cognitive testing which at this BILLING CODE 4410–15–P Should issues arise with online point would result in a significant delay registration, or to register by email, the to launching the survey. Thus, no items DEPARTMENT OF JUSTICE public should contact Maegen Barnes, were added to the instrument or Program Manager/Federal Contractor changed. Office of Justice Programs (see above for contact information). If submitting registrations via email, DATES: Comments are encouraged and [OJP (OJJDP) Docket No. 1786] attendees should include all of the will be accepted for 30 days until November 23, 2020. Meeting of the Federal Advisory following: Name, Title, Organization/ Committee on Juvenile Justice Affiliation, Full Address, Phone ADDRESSES: Written comments and Number, Fax and Email. The meeting recommendations for the proposed AGENCY: Office of Juvenile Justice and will be held via a video conferencing information collection should be sent Delinquency Prevention, Office of platform. Registration for this is also within 30 days of publication of this Justice Programs, Department of Justice. found online at www.facjj.ojp.gov. notice to www.reginfo.gov/public/do/ ACTION: Notice of meeting. Interested parties may submit written PRAMain. Find this particular comments and questions in advance for SUMMARY: The Office of Juvenile Justice information collection by selecting the FACJJ to Keisha Kersey (DFO) at the and Delinquency Prevention has ‘‘Currently under 30-day Review—Open contact information above. All scheduled a meeting of the Federal for Public Comments’’ or by using the comments and questions should be Advisory Committee on Juvenile Justice search function. submitted no later than 5:00 p.m. ET on (FACJJ). Monday, November 16, 2020. SUPPLEMENTARY INFORMATION: Written DATES: Wednesday November 18, 2020 The FACJJ will limit public comments and suggestions from the at 10:00 a.m.–12:00 p.m. ET. statements if they are found to be public and affected agencies concerning ADDRESSES: This meeting will be a duplicative. Written questions the proposed collection of information virtual meeting. To register for the submitted by the public while in are encouraged. Your comments should meeting, please visit the website, attendance will also be considered by address one or more of the following www.facjj.ojp.gov. the FACJJ. four points: FOR FURTHER INFORMATION CONTACT: Visit Keisha Kersey, —Evaluate whether the proposed the website for the FACJJ at Designated Federal Official, Office of Juvenile collection of information is necessary www.facjj.ojp.gov or contact Keisha Justice and Delinquency Prevention. for the proper performance of the Kersey, Designated Federal Official [FR Doc. 2020–23510 Filed 10–22–20; 8:45 am] functions of the Bureau of Justice (DFO), OJJDP, by telephone (202) 532– Statistics, including whether the BILLING CODE 4410–18–P 0124, email at keisha.kersey@ information will have practical utility; ojp.usdoj.gov; or Maegen Barnes, —Evaluate the accuracy of the agency’s Program Manager/Federal Contractor, by DEPARTMENT OF JUSTICE estimate of the burden of the telephone (732) 948–8862, email at proposed collection of information, [email protected]. Please note Justice Programs Office including the validity of the that the above phone numbers are not methodology and assumptions used; toll free. [OMB Number 1121–0149] SUPPLEMENTARY INFORMATION: The —Evaluate whether and if so how the Agency Information Collection quality, utility, and clarity of the Federal Advisory Committee on Activities; Proposed Collection Juvenile Justice (FACJJ), established information to be collected can be Comments Requested; 2020 National enhanced; and pursuant to Section 3(2)A of the Federal Survey of Prosecutors (NSP) Advisory Committee Act (5 U.S.C. App. —Minimize the burden of the collection 2), will meet to carry out its advisory AGENCY: Bureau of Justice Statistics, of information on those who are to functions under Section 223(f)(2)(C–E) Office of Justice Programs, Department respond, including through the use of of the Juvenile Justice and Delinquency of Justice. appropriate automated, electronic, Prevention Act of 2002. The FACJJ is ACTION: 30-Day notice. mechanical, or other technological composed of representatives from the collection techniques or other forms states and territories. FACJJ member SUMMARY: The Department of Justice of information technology, e.g., duties include: Reviewing Federal (DOJ), Office of Justice Programs, permitting electronic submission of policies regarding juvenile justice and Bureau of Justice Statistics, will be responses.
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Overview of This Information Square, 145 N Street NE, 3E.405A, SUPPLEMENTARY INFORMATION: The Collection Washington, DC 20530. purpose of the Hazard Communication (1) Type of Information Collection: Dated: October 20, 2020. Standard (HCS) (29 CFR 1910.1200) and Reinstatement of the National Survey of Melody Braswell, its collection of information Prosecutors (NSP). Department Clearance Officer for PRA, U.S. requirements is to ensure that the (2) The Title of the Form/Collection: Department of Justice. hazards of chemicals produced or 2020 National Survey of Prosecutors [FR Doc. 2020–23545 Filed 10–22–20; 8:45 am] imported are evaluated and that (NSP–20). BILLING CODE 4410–30–P information concerning these hazards is (3) The agency form number, if any, transmitted to employers and and the applicable component of the employees. The standard requires all Department sponsoring the collection: DEPARTMENT OF LABOR employers to establish hazard The form number for the questionnaire communications programs, to transmit is NSP–20. The applicable component Office of the Secretary information on the hazards of chemicals within the Department of Justice is the to their employees by means of Bureau of Justice Statistics, in the Office Agency Information Collection container labels, safety data sheets and of Justice Programs. Activities; Submission for OMB training programs. For additional (4) Affected public who will be asked Review; Comment Request; Hazard substantive information about this ICR, or required to respond, as well as a brief Communication see the related notice published in the abstract: Respondents will be local Federal Register on July 21, 2020 (85 FR prosecutors who handle criminal cases ACTION: Notice of availability; request 44108). in State courts. Prosecutors represent for comments. the local government in deciding who is This information collection is subject SUMMARY: The Department of Labor charged with a crime, the type and to the PRA. A Federal agency generally (DOL) is submitting this Occupational number of charges filed, whether or not cannot conduct or sponsor a collection Safety and Health Administration to offer a plea, and providing sentencing of information, and the public is (OSHA)-sponsored information recommendations for those convicted of generally not required to respond to an collection request (ICR) to the Office of crimes. Since 1990, the NSP has been information collection, unless the OMB Management and Budget (OMB) for the only recurring national statistical approves it and displays a currently review and approval in accordance with program that captures the the Paperwork Reduction Act of 1995 valid OMB Control Number. In addition, administrative and operational (PRA). Public comments on the ICR are notwithstanding any other provisions of characteristics of the prosecutorial invited. law, no person shall generally be subject function in the State criminal justice to penalty for failing to comply with a DATES: The OMB will consider all system. Similar to previous iterations, collection of information that does not the NSP–20 will gather national written comments that agency receives on or before November 23, 2020. display a valid OMB Control Number. statistics on local prosecutor office See 5 CFR 1320.5(a) and 1320.6. staffing, budgets, and caseloads. ADDRESSES: Written comments and DOL seeks PRA authorization for this Additionally, the NSP–20 will collect recommendations for the proposed data on emerging topics such as the information collection should be sent information collection for three (3) utilization of diversion programs and within 30 days of publication of this years. OMB authorization for an ICR specialty courts. BJS plans to publish notice to www.reginfo.gov/public/do/ cannot be for more than three (3) years this information in reports and reference PRAMain. Find this particular without renewal. The DOL notes that it when responding to queries from the information collection by selecting information collection requirements U.S. Congress, Executive Office of the ‘‘Currently under 30-day Review—Open submitted to the OMB for existing ICRs President, the U.S. Supreme Court, state for Public Comments’’ or by using the receive a month-to-month extension officials, international organizations, search function. while they undergo review. researchers, students, the media, and Comments are invited on: (1) Whether Agency: DOL–OSHA. others interested in criminal justice the collection of information is necessary for the proper performance of Title of Collection: Hazard statistics. Communication. (5) An estimate of the total number of the functions of the Department, respondents and the amount of time including whether the information will OMB Control Number: 1218–0072. estimated for an average respondent to have practical utility; (2) if the Affected Public: Private Sector, respond: An office-level survey will be information will be processed and used Business or other for-profits institutions. sent to approximately 750 respondents. in a timely manner; (3) the accuracy of Total Estimated Number of At the time of the 60-day notice, the the agency’s estimates of the burden and Respondents: 5,018,316. expected burden was about 60 minutes cost of the collection of information, per respondent. including the validity of the Total Estimated Number of (6) An estimate of the total public methodology and assumptions used; (4) Responses: 72,518,339. burden (in hours) associated with the ways to enhance the quality, utility and Total Estimated Annual Time Burden: collection: At the time of the 60-day clarity of the information collection; and 6,557,766 hours. notice, there was an estimated 1,000 (5) ways to minimize the burden of the Total Estimated Annual Other Costs total burden hours associated with this collection of information on those who collection. are to respond, including the use of Burden: $25,070,956. If additional information is required automated collection techniques or Authority: 44 U.S.C. 3507(a)(1)(D). contact: Melody Braswell, Department other forms of information technology. Crystal Rennie, Clearance Officer, United States FOR FURTHER INFORMATION CONTACT: Department of Justice, Justice Crystal Rennie by telephone at 202– Acting Departmental Clearance Officer. Management Division, Policy and 693–0456, or by email at DOL_PRA_ [FR Doc. 2020–23451 Filed 10–22–20; 8:45 am] Planning Staff, Two Constitution [email protected]. BILLING CODE 4510–26–P
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NATIONAL AERONAUTICS AND opening remarks regarding the conduct constitute a clearly unwarranted SPACE ADMINISTRATION of the meeting. invasion of personal privacy.] 2:05 p.m.–4:15 p.m.: Review of latest [Note: Pursuant to 5 U.S.C 552b(c)(4), [Notice (20–087)] update of Branch Technical Position 7– a portion of this session may be closed Performance Review Board, Senior 19, ‘‘Guidance for Evaluation of in order to discuss and protect Executive Service (SES) Diversity and Defense-In Depth in information designated as proprietary.] Digital Computer-Based I&C Systems’’ 11:30 a.m.–6:00 p.m.: Preparation of AGENCY: National Aeronautics and (Open)—The Committee will have ACRS Reports and Commission Meeting Space Administration (NASA). presentations and discussion with (Open/Closed)—The Committee will ACTION: Notice of membership of SES representatives from Nuclear Energy continue its discussion of proposed Performance Review Board. Institute and NRC staff regarding the ACRS reports and Commission Meeting subject topic. preparation. [Note: Pursuant to 5 U.S.C SUMMARY: The Civil Service Reform Act 4:30 p.m.–6:00 p.m.: Commission 552b(c)(4), a portion of this session may of 1978 requires that appointments of Meeting Preparation (Open)—The be closed in order to discuss and protect individual members to the Performance Committee will have discussion and information designated as proprietary.] Review Board (PRB) be published in the practice of draft presentations regarding Federal Register. Saturday, November 7, 2020 The performance review function for the subject topic. 9:30 a.m.–2:00 p.m.: Preparation of the SES in NASA is being performed by Thursday, November 5, 2020 ACRS Reports (Open/Closed)—The the NASA PRB. Committee will continue its discussion 9:30 a.m.–11:30 a.m.: Regulatory SUPPLEMENTARY INFORMATION: The of proposed ACRS reports. [Note: Guide 1.200 Revision on Review and Pursuant to 5 U.S.C 552b(c)(4), a portion following individuals are serving on the Approval of New Methods for Light- Board: of this session may be closed in order Water Reactors (Open)—The Committee to discuss and protect information Performance Review Board will have presentations and discussion designated as proprietary.] with representatives from the industry Chairperson, Associate Administrator, NASA [Note: Pursuant to 5 U.S.C. 552b(c)(2) Headquarters and NRC staff regarding the subject and (6), portions of this meeting may be Deputy Associate Administrator, NASA topic. closed to discuss organizational and Headquarters 11:45 a.m.–3:30 p.m.: Information personnel matters that relate solely to Chief Human Capital Center, NASA Session on the OKLO combined license internal personnel rules and practices of Headquarters application including the AURORA the ACRS, and information the release Director, Executive Services, NASA reactor design (Open/Closed)—The of which would constitute a clearly Headquarters Committee will have presentations and unwarranted invasion of personal Associate Administrator for Science Mission discussion by the applicant regarding Directorate, NASA Headquarters privacy.] Associate Administrator for Diversity and the subject topic. [Note: Pursuant to 5 Procedures for the conduct of and Equal Opportunity, NASA Headquarters U.S.C 552b(c)(4), a portion of this participation in ACRS meetings were Chief Financial Officer, NASA Headquarters session may be closed in order to published in the Federal Register on Center Director, NASA Marshall Space Flight discuss and protect information June 13, 2019 (84 FR 27662). In Center designated as proprietary.] accordance with those procedures, oral 4:00 p.m.–6:30 p.m.: Preparation of Deborah F. Bloxon, or written views may be presented by ACRS Reports (Open/Closed)—The Federal Register Liaison Officer. members of the public, including Committee will continue its discussion representatives of the nuclear industry. [FR Doc. 2020–23547 Filed 10–22–20; 8:45 am] of proposed ACRS reports. [Note: Persons desiring to make oral statements BILLING CODE 7510–13–P Pursuant to 5 U.S.C 552b(c)(4), a portion should notify Quynh Nguyen, Cognizant of this session may be closed in order ACRS Staff and the Designated Federal to discuss and protect information Officer (Telephone: 301–415–5844, NUCLEAR REGULATORY designated as proprietary.] Email: [email protected]), 5 days COMMISSION Friday, November 6, 2020 before the meeting, if possible, so that appropriate arrangements can be made 680th Meeting of the Advisory 9:30 a.m.–11:30 a.m.: Future ACRS to allow necessary time during the Committee on Reactor Safeguards Activities/Report of the Planning and meeting for such statements. In view of (ACRS) Procedures Subcommittee and the possibility that the schedule for In accordance with the purposes of Reconciliation of ACRS Comments and ACRS meetings may be adjusted by the Sections 29 and 182b of the Atomic Recommendations/Preparation of Chairman as necessary to facilitate the Energy Act (42 U.S.C. 2039, 2232b), the Reports (Open/Closed)—The Committee conduct of the meeting, persons Advisory Committee on Reactor will hear discussion of the planning to attend should check with Safeguards (ACRS) will hold meetings recommendations of the Planning and the Cognizant ACRS staff if such on November 4–7, 2020. As part of the Procedures Subcommittee regarding rescheduling would result in major coordinated government response to items proposed for consideration by the inconvenience. combat the COVID–19 public health Full Committee during future ACRS An electronic copy of each emergency, the Committee will conduct meetings, and/or proceed to preparation presentation should be emailed to the virtual meetings. The public will be able of reports as determined by the Cognizant ACRS Staff at least one day to participate in any open sessions via Chairman. [Note: Pursuant to 5 U.S.C. before meeting. 1–866–822–3032, pass code 8272423#. 552b(c)(2) and (6), a portion of this In accordance with Subsection 10(d) meeting may be closed to discuss of Public Law 92–463 and 5 U.S.C. Wednesday, November 4, 2020 organizational and personnel matters 552b(c), certain portions of this meeting 2:00 p.m.–2:05 p.m.: Opening that relate solely to internal personnel may be closed, as specifically noted Remarks by the ACRS Chairman rules and practices of the ACRS, and above. Use of still, motion picture, and (Open)—The ACRS Chairman will make information the release of which would television cameras during the meeting
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may be limited to selected portions of necessary to prepare an environmental • NRC’s Agencywide Documents the meeting as determined by the impact statement (EIS) to evaluate the Access and Management System Chairman. Electronic recordings will be environmental impacts for the (ADAMS): You may obtain publicly permitted only during the open portions subsequent license renewal of the available documents online in the NRC of the meeting. operating licenses for North Anna Library at https://www.nrc.gov/reading- ACRS meeting agendas, meeting Power Station, Unit Nos. 1 and 2 (North rm/adams.html. To begin the search, transcripts, and letter reports are Anna). The NRC is seeking stakeholder select ‘‘Begin Web-based ADAMS available through the NRC Public input on this action and has scheduled Search.’’ For problems with ADAMS, Document Room (PDR) at pdr.resource@ a public scoping meeting that will take please contact the NRC’s Public nrc.gov, or by calling the PDR at 1–800– place as an online webinar. Document Room (PDR) reference staff at 397–4209, or from the Publicly DATES: The NRC will hold a public 1–800–397–4209, 301–415–4737, or by Available Records System component of scoping meeting as an online webinar email to [email protected]. The NRC’s Agencywide Documents Access on November 4, 2020, from 1:00 p.m. to ADAMS accession number for each and Management System (ADAMS) 3:00 p.m. Eastern Standard Time (EST). document referenced in this document which is accessible from the NRC Submit comments on the scope of the (if that document is available in website at https://www.nrc.gov/reading- EIS by November 23, 2020. Comments ADAMS) is provided the first time that rm/adams.html or https://www.nrc.gov/ received after November 23, 2020 will a document is referenced. Virginia reading-rm/doc-collections/#ACRS/. be considered if it is practical to do so, Electric and Power Co.’s (Dominion) Video teleconferencing service is but assurance of consideration cannot application for subsequent renewal of available for observing open sessions of be given to comments received after this the North Anna licenses can be found in ACRS meetings. Those wishing to use date. (ADAMS Package Accession No. this service should contact Thomas ADDRESSES: You may submit comments ML20246G703). Dashiell, ACRS Audio Visual by any of the following methods (unless Technician (301–415–7907), between • Attention: The PDR, where you may this document describes a different 7:30 a.m. and 3:45 p.m. (Eastern Time), examine and order copies of public method for submitting comments on a at least 10 days before the meeting to documents is currently closed. You may specific subject): ensure the availability of this service. submit your request to the PDR via • Federal Rulemaking Website: Go to Individuals or organizations requesting email at [email protected] or call https://www.nrc.gov and search for this service will be responsible for 1–800–397–4209 between 8:00 a.m. and Docket ID NRC–2020–0234. Address telephone line charges and for providing 4:00 p.m. (EST), Monday through questions about Docket IDs in the equipment and facilities that they Friday, except Federal holidays. Regulations.gov to Jennifer Borges; use to establish the video telephone: 301–287–9127; email: teleconferencing link. The availability of B. Submitting Comments [email protected]. For technical video teleconferencing services is not questions, contact the individual listed The NRC encourages electronic guaranteed. in the FOR FURTHER INFORMATION comment submission through the Note: This notice is late due to the COVID– CONTACT section of this document. Federal Rulemaking website (https:// 19 public health emergency and current • Mail comments to: Office of www.regulations.gov). Please include health precautions which required the Administration, Mail Stop Docket ID NRC–2020–0234 in your Committee to prepare for the meeting to be comment submission in order to ensure held remotely. TWFN7A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– that the NRC is able to make your Russell E. Chazell, 0001. For additional direction on comment submission available to the public in this docket. Federal Advisory Committee Management obtaining information and submitting Officer, Office of the Secretary. comments, see ‘‘Obtaining Information The NRC cautions you not to include [FR Doc. 2020–23486 Filed 10–22–20; 8:45 am] and Submitting Comments’’ in the identifying or contact information that SUPPLEMENTARY INFORMATION section of BILLING CODE 7590–01–P you do not want to be publicly this document. disclosed in your comment submission. FOR FURTHER INFORMATION CONTACT: Tam The NRC will post all comment NUCLEAR REGULATORY Tran, Office of Nuclear Material Safety submissions at https:// COMMISSION and Safeguards, U.S. Nuclear Regulatory www.regulations.gov as well as enter the Commission, Washington, DC 20555– [Docket Nos. 50–338 and 50–339; NRC– comment submissions into ADAMS. 2020–0234] 0001; telephone: 301–415–3617, email: The NRC does not routinely edit [email protected]. comment submissions to remove Notice of Intent To Conduct Scoping SUPPLEMENTARY INFORMATION: identifying or contact information. Process and Prepare Environmental I. Obtaining Information and If you are requesting or aggregating Impact Statement; Virginia Electric and Submitting Comments comments from other persons for Power Company; North Anna Power submission to the NRC, then you should Station, Unit Nos. 1 and 2 A. Obtaining Information inform those persons not to include AGENCY: Nuclear Regulatory Please refer to Docket ID NRC–2020– identifying or contact information that Commission. 0234 when contacting the NRC about they do not want to be publicly disclosed in their comment submission. ACTION: Intent to conduct scoping the availability of information regarding process and prepare environmental this document. You may obtain publicly Your request should state that the NRC impact statement; public scoping available information related to this does not routinely edit comment meeting and request for comment. document by any of the following submissions to remove such information methods: before making the comment SUMMARY: The U.S. Nuclear Regulatory • Federal Rulemaking Website: Go to submissions available to the public or Commission (NRC) will conduct a https://regulations.gov and search for entering the comment submissions into scoping process to gather information Docket ID NRC–2020–0234. ADAMS.
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II. Discussion In accordance with 10 CFR 51.53(c) being or will be prepared that are On August 24, 2020 Dominion and 10 CFR 54.23, Dominion submitted related to, but are not part of, the scope submitted to the NRC an application for an ER as part of the SLR application. of the supplement to the GEIS being subsequent license renewal (SLR) of The ER was prepared pursuant to 10 considered; Renewed Facility Operating License CFR part 51 and is publicly available e. Identify other environmental Nos. NPF–4 and NPF–7 for an (ADAMS Accession No. ML20246G698). review and consultation requirements additional 20 years of operation at North The ER may also be viewed on the related to the proposed action; Anna Power Station, Unit Nos. 1 and 2 internet at https://www.nrc.gov/ f. Indicate the relationship between (ADAMS Package Accession No. reactors/operating/licensing/renewal/ the timing of the preparation of the ML20246G703). Dominion’s submission subsequent-license-renewal.html. In environmental analyses and the initiated the NRC’s proposed action: To addition, the SLR application including Commission’s tentative planning and grant or deny Dominion’s SLR the ER are available for public review on decision-making schedule; application for renewed power reactor the website of the Louisa County Library g. Identify any cooperating agencies operating licenses, which, if granted, at https://jmrl.org/br-louisa.htm. and, as appropriate, allocate would authorize North Anna to operate The NRC intends to gather the assignments for preparation and for an additional 20 years. The North information necessary to prepare a schedules for completing the Anna units are pressurized water plant-specific supplement to the NRC’s supplement to the GEIS to the NRC and reactors designed by Westinghouse NUREG–1437, ‘‘Generic Environmental any cooperating agencies; and Electric Corporation and are located in Impact Statement for License Renewal h. Describe how the supplement to Louisa County, Virginia. The current of Nuclear Plants’’ (GEIS), related to the the GEIS will be prepared, including renewed operating license for Unit No. application for subsequent license any contractor assistance to be used. 1 expires at midnight on April 1, 2038, renewal of the North Anna operating The NRC invites the following entities and the current renewed operating licenses for an additional 20 years to participate in scoping: license for Unit No. 2 expires at beyond the period specified in each of a. The applicant, Dominion; the current renewed licenses. The NRC midnight on August 21, 2040. The SLR b. Any Federal agency that has is required by 10 CFR 51.95 to prepare application was submitted pursuant to jurisdiction by law or special expertise a plant-specific supplement to the GEIS part 54 of title 10 of the Code of Federal with respect to any environmental in connection with the renewal of an Regulations (10 CFR) and included an impact involved or that is authorized to operating license. This notice is being environmental report (ER). A notice of develop and enforce relevant published in accordance with NEPA receipt and availability of the environmental standards; application was published in the and the NRC’s regulations found at 10 c. Affected State and local Federal Register on September 21, 2020 CFR part 51. government agencies, including those (85 FR 59334). A notice of acceptance The supplement to the GEIS will authorized to develop and enforce for docketing of the application and evaluate the environmental impacts of relevant environmental standards; opportunity for hearing regarding subsequent license renewal for North subsequent license renewal of the North Anna Unit Nos. 1 and 2, and reasonable d. Any affected Indian Tribe; Anna operating licenses was published alternatives thereto. Possible e. Any person who requests or has in the Federal Register on October 15, alternatives to the proposed action requested an opportunity to participate 2020 (85 FR 65438) and is available in include the no action alternative and in the scoping process; and Regulations.gov by searching for Docket reasonable alternative energy sources. f. Any person who has petitioned or ID NRC–2020–0201. As part of its environmental review intends to petition for leave to intervene process, the NRC will first conduct under 10 CFR 2.309. III. Request for Comments scoping for the supplement to the GEIS IV. Public Scoping Meeting This notice informs the public of the and, as soon as practicable thereafter, NRC’s intention to conduct will prepare a draft supplement to the In accordance with 10 CFR 51.26(b), environmental scoping and prepare an GEIS for public comment. Participation the scoping process for an EIS may EIS related to Dominion’s SLR in the scoping process by members of include a public scoping meeting to application, and to provide the public the public and local, State, Tribal, and help identify significant issues related an opportunity to participate in the Federal government agencies is to a proposed activity and to determine environmental scoping process, as encouraged. The scoping process for the the scope of issues to be addressed in an defined in 10 CFR 51.29. supplement to the GEIS will be used to EIS. The regulations in 36 CFR 800.8, accomplish the following: The NRC is announcing that it will ‘‘Coordination with the National a. Define the proposed action, which hold a public scoping meeting as an Environmental Policy Act,’’ allow is to be the subject of the supplement to online webinar, for the North Anna agencies to use their National the GEIS; subsequent license renewal supplement Environmental Policy Act of 1969 b. Determine the scope of the to the GEIS. The webinar will offer a (NEPA) process to fulfill the supplement to the GEIS and identify the telephone line for members of the requirements of Section 106 of the significant issues to be analyzed in public to provide comments. A court National Historic Preservation Act depth; reporter will record and transcribe all (NHPA). Therefore, pursuant to 36 CFR c. Identify and eliminate from comments received during the webinar. 800.8(c), the NRC intends to use its detailed study those issues that are To be considered, comments must be process and documentation for the peripheral or are not significant; or were provided either at the transcribed public preparation of the EIS on the proposed covered by a prior environmental meeting or in writing, as discussed in action to comply with Section 106 of the review; the ADDRESSES section of this document. NHPA in lieu of the procedures set forth d. Identify any environmental The date and time for the public scoping at 36 CFR 800.3 through 800.6. assessments and other ElSs that are webinar are as follows:
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Meeting Date Time Location
Public Scoping Webinar ...... 11/4/2020 1:00 p.m. to 3:00 p.m. (EST) .. Webinar Information: https://usnrc.webex.com. Event number: 199 753 7173. Telephone Bridge Line: 1–800–369–2157. Participant Passcode: 525781#.
The public scoping meeting will SECURITIES AND EXCHANGE summaries, set forth in sections A, B, include: (1) An overview by the NRC COMMISSION and C below, of the most significant aspects of such statements. staff of the environmental and safety [Release No. 34–90219; File No. SR–FINRA– review processes, the proposed scope of 2020–036] A. Self-Regulatory Organization’s the supplement to the GEIS, and the Statement of the Purpose of, and proposed review schedule; and (2) the Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule opportunity for interested government Financial Industry Regulatory Change agencies, organizations, and individuals Authority, Inc.; Notice of Filing and to submit comments or suggestions on Immediate Effectiveness of a Proposed 1. Purpose environmental issues or the proposed Rule Change To Extend the Pilot FINRA is proposing a rule change to scope of the North Anna subsequent Program Related to FINRA Rule 11892 extend the current pilot program related license renewal supplement to the GEIS. (Clearly Erroneous Transactions in to FINRA Rule 11892 governing clearly Exchange-Listed Securities) erroneous transactions in exchange- Persons interested in attending this listed securities until the close of online webinar should monitor the October 19, 2020. business on April 20, 2021. Extending NRC’s Public Meeting Schedule at Pursuant to Section 19(b)(1) of the the Pilot would provide FINRA and the https://www.nrc.gov/pmns/mtg for Securities Exchange Act of 1934 1 2 national securities exchanges additional additional information, agendas for the (‘‘Act’’) and Rule 19b–4 thereunder, time to consider a permanent proposal meeting, and access information for the notice is hereby given that on October for clearly erroneous transaction webinar. Participants should register in 16, 2020, the Financial Industry reviews. advance of the meeting by visiting the Regulatory Authority, Inc. (‘‘FINRA’’) On September 10, 2010, the website https://usnrc.webex.com and filed with the Securities and Exchange Commission approved, on a pilot basis, using the event number provided in this Commission (‘‘SEC’’ or ‘‘Commission’’) changes to FINRA Rule 11892 that, notice. A confirmation email will be the proposed rule change as described among other things: (i) Provided for generated providing additional details in Items I and II below, which Items uniform treatment of clearly and a link to the webinar. Please contact have been prepared by FINRA. The erroneous transaction reviews in multi- Tam Tran no later than November 2, Commission is publishing this notice to stock events involving twenty or more solicit comments on the proposed rule 2020, if accommodations or special securities; and (ii) reduced the ability of change from interested persons. equipment is needed to attend or to FINRA to deviate from the objective provide comments, so that the NRC staff I. Self-Regulatory Organization’s standards set forth in the rule.3 In 2013, can determine whether the request can Statement of the Terms of Substance of FINRA adopted a provision designed to be accommodated. the Proposed Rule Change address the operation of the Plan to Address Extraordinary Market Volatility FINRA is proposing to extend the Participation in the scoping process Pursuant to Rule 608 of Regulation NMS current pilot program related to FINRA for the North Anna subsequent license (‘‘Plan’’).4 Finally, in 2014, FINRA Rule 11892 (Clearly Erroneous renewal supplement to the GEIS does adopted two additional provisions Transactions in Exchange-Listed not entitle participants to become addressing (i) erroneous transactions Securities) (‘‘Clearly Erroneous parties to the proceeding to which the that occur over one or more trading days Transaction Pilot’’ or ‘‘Pilot’’) until supplement to the GEIS relates. Matters that were based on the same related to participation in any hearing April 20, 2021. The text of the proposed rule change fundamentally incorrect or grossly are outside the scope of matters to be is available on FINRA’s website at misinterpreted information resulting in discussed at this public meeting. http://www.finra.org, at the principal a severe valuation error; and (ii) a Dated: October 19, 2020. office of FINRA and at the disruption or malfunction in the operation of the facilities of a self- For the Nuclear Regulatory Commission. Commission’s Public Reference Room. regulatory organization or responsible Robert B. Elliott, II. Self-Regulatory Organization’s single plan processor in connection Chief, Environmental Review License Renewal Statement of the Purpose of, and with the transmittal or receipt of a Branch, Division of Rulemaking, Statutory Basis for, the Proposed Rule trading halt.5 Environment, and Financial Support, Office Change On April 9, 2019, FINRA filed a of Nuclear Material Safety and Safeguards. In its filing with the Commission, proposed rule change to untie the [FR Doc. 2020–23463 Filed 10–22–20; 8:45 am] FINRA included statements concerning BILLING CODE 7590–01–P the purpose of and basis for the 3 See Securities Exchange Act Release No. 62885 (September 10, 2010), 75 FR 56641 (September 16, proposed rule change and discussed any 2010) (Order Approving File No. SR–FINRA–2010– comments it received on the proposed 032). rule change. The text of these statements 4 See Securities Exchange Act Release No. 68808 may be examined at the places specified (February 1, 2013), 78 FR 9083 (February 7, 2013) (Notice of Filing and Immediate Effectiveness of in Item IV below. FINRA has prepared File No. SR–FINRA–2013–012). 5 See Securities Exchange Act Release No. 72434 1 15 U.S.C. 78s(b)(1). (June 19, 2014), 79 FR 36110 (June 25, 2014) (Order 2 17 CFR 240.19b–4. Approving File No. SR–FINRA–2014–021).
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effectiveness of the Clearly Erroneous under FINRA Rule 11892, until April A proposed rule change filed under Transaction Pilot from the effectiveness 20, 2021, would help assure consistent Rule 19b–4(f)(6) 14 normally does not of the Plan, and to extend the Pilot’s results in handling erroneous trades become operative prior to 30 days after effectiveness to the close of business on across the U.S. equities markets, thus the date of the filing. However, Rule October 18, 2019.6 On October 18, 2019, furthering fair and orderly markets, the 19b–4(f)(6)(iii) 15 permits the FINRA filed a proposed rule change to protection of investors and the public Commission to designate a shorter time extend the Pilot’s effectiveness until interest. Based on the foregoing, FINRA if such action is consistent with the April 20, 2020.7 On March 27, 2020, believes the Clearly Erroneous protection of investors and the public FINRA filed a proposed rule change to Transaction Pilot should continue to be interest. FINRA has asked the extend the pilot’s effectiveness until in effect while FINRA and the national Commission to waive the 30-day October 20, 2020.8 FINRA now is securities exchanges consider a operative delay so that the proposed proposing to further extend the Pilot permanent proposal for clearly rule change may become effective and until April 20, 2021, so that market erroneous transaction reviews. operative immediately upon filing. The participants can continue to benefit Commission believes that waiving the B. Self-Regulatory Organization’s from the more objective clearly 30-day operative delay is consistent Statement on Burden on Competition erroneous transaction standards under with the protection of investors and the 9 the Pilot. Extending the Pilot also FINRA does not believe that the public interest, as it will allow the would provide more time to permit proposed rule change will result in any current clearly erroneous execution FINRA and the other self-regulatory burden on competition that is not pilot program to continue organizations to consider what changes, necessary or appropriate in furtherance uninterrupted, without any changes, if any, to the clearly erroneous of the purposes of the Act. The proposal while FINRA and the other national transaction rules are appropriate.10 would ensure the continued, securities exchanges consider a FINRA has filed the proposed rule permanent proposal for clearly change for immediate effectiveness and uninterrupted operation of harmonized clearly erroneous transaction rules erroneous execution reviews. For this has requested that the SEC waive the reason, the Commission hereby waives requirement that the proposed rule across the U.S. equities markets while FINRA and the national securities the 30-day operative delay and change not become operative for 30 days designates the proposed rule change as from the date of filing, so that FINRA exchanges consider further amendments to these rules. FINRA understands that operative upon filing.16 can implement the proposed rule At any time within 60 days of the change immediately. the national securities exchanges also will file similar proposals to extend filing of the proposed rule change, the 2. Statutory Basis their clearly erroneous execution pilot Commission summarily may temporarily suspend such rule change if FINRA believes that the proposed rule programs, as applicable. Thus, the it appears to the Commission that such change is consistent with the provisions proposed rule change will help to action is necessary or appropriate in the of Section 15A(b)(6) of the Act,11 which ensure consistency across market public interest, for the protection of requires, among other things, that centers without implicating any investors, or otherwise in furtherance of FINRA rules must be designed to competitive issues. the purposes of the Act. If the prevent fraudulent and manipulative C. Self-Regulatory Organization’s Commission takes such action, the acts and practices, to promote just and Statement on Comments on the Commission shall institute proceedings equitable principles of trade and, in Proposed Rule Change Received From general, to protect investors and the to determine whether the proposed rule Members, Participants, or Others public interest. FINRA believes that the should be approved or disapproved. proposed rule change promotes just and Written comments were neither IV. Solicitation of Comments equitable principles of trade in that it solicited nor received. Interested persons are invited to promotes transparency and uniformity III. Date of Effectiveness of the submit written data, views, and across markets concerning the review of arguments concerning the foregoing, transactions as clearly erroneous. Proposed Rule Change and Timing for Commission Action including whether the proposed rule FINRA believes that extending the Pilot change is consistent with the Act. Because the foregoing proposed rule Comments may be submitted by any of 6 See Securities Exchange Act Release No. 85612 (April 11, 2019), 84 FR 16107 (April 17, 2019) change does not: (i) Significantly affect the following methods: (Notice of Filing and Immediate Effectiveness of the protection of investors or the public Electronic Comments File No. SR–FINRA–2019–011). interest; (ii) impose any significant • 7 See Securities Exchange Act Release No. 87344 burden on competition; and (iii) become Use the Commission’s internet (October 18, 2019), 84 FR 57076 (October 24, 2019) comment form (http://www.sec.gov/ (Notice of Filing and Immediate Effectiveness of operative for 30 days from the date on which it was filed, or such shorter time rules/sro.shtml); or File No. SR–FINRA–2019–025). • Send an email to rule-comments@ 8 See Securities Exchange Act Release No. 88495 as the Commission may designate, it has (March 27, 2020), 85 FR 18608 (April 2, 2020) become effective pursuant to Section sec.gov. Please include File Number SR– (Notice of Filing and Immediate Effectiveness of 19(b)(3)(A) of the Act 12 and Rule 19b– FINRA–2020–036 on the subject line. File No. SR–FINRA–2020–008). 13 9 If the pilot period is not either extended or 4(f)(6) thereunder. Paper Comments approved as permanent, the version of Rule 11892 • Send paper comments in triplicate prior to SR–FINRA–2010–032 shall be in effect, and 12 15 U.S.C. 78s(b)(3)(A). to Secretary, Securities and Exchange the amendments set forth in SR–FINRA–2014–021 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– and the provisions of Supplementary Material .03 4(f)(6)(iii) requires a self-regulatory organization to of the rule shall be null and void. give the Commission written notice of its intent to 14 17 CFR 240.19b–4(f)(6). 10 See Securities Exchange Act Release No. 85623 file the proposed rule change, along with a brief 15 17 CFR 240.19b–4(f)(6)(iii). (April 11, 2019), 84 FR 16086 (April 17, 2019) description and text of the proposed rule change, 16 For purposes only of waiving the 30-day (Order Approving the Eighteenth Amendment to at least five business days prior to the date of filing operative delay, the Commission has also the National Market System Plan to Address of the proposed rule change, or such shorter time considered the proposed rule’s impact on Extraordinary Market Volatility). as designated by the Commission. FINRA has efficiency, competition, and capital formation. See 11 15 U.S.C. 78o–3(b)(6). satisfied this requirement. 15 U.S.C. 78c(f).
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Commission, 100 F Street NE, SECURITIES AND EXCHANGE with the protection of investors.’’ 4 Washington, DC 20549–1090. COMMISSION Under Rule 608(e) of Regulation NMS, the Commission may ‘‘exempt from [Release No. 34–90223] All submissions should refer to File [Rule 608], either unconditionally or on Number SR–FINRA–2020–036. This file Order Granting Conditional Exemptive specified terms and conditions, any self- number should be included on the regulatory organization, member subject line if email is used. To help the Relief, Pursuant to Section 36 of the Securities Exchange Act of 1934 thereof, or specified security, if the Commission process and review your (‘‘Exchange Act’’) and Rule 608(e) of Commission determines that such comments more efficiently, please use Regulation NMS Under the Exchange exemption is consistent with the public only one method. The Commission will Act, Relating to the Reporting of interest, the protection of investors, the post all comments on the Commission’s Allocations Pursuant to the National maintenance of fair and orderly markets internet website (http://www.sec.gov/ Market System Plan Governing the and the removal of impediments to, and rules/sro.shtml). Copies of the Consolidated Audit Trail perfection of the mechanism of, a submission, all subsequent national market system.’’ 5 amendments, all written statements October 19, 2020. For the reasons set forth below, this Order grants the Participants’ request for with respect to the proposed rule I. Introduction change that are filed with the an exemption from Sections By letter dated August 27, 2020, BOX Commission, and all written 6.4(d)(ii)(A)(1) and (2) of the CAT NMS Exchange LLC, Cboe BYX Exchange, communications relating to the Plan as set forth in the August 27, 2020 Inc., Cboe BZX Exchange, Inc., Cboe Exemption Request, subject to certain proposed rule change between the EDGA Exchange, Inc., Cboe EDGX conditions. Commission and any person, other than Exchange, Inc., Cboe C2 Exchange, Inc., those that may be withheld from the Cboe Exchange, Inc., Financial Industry II. Background public in accordance with the Regulatory Authority, Inc. (‘‘FINRA’’), Pursuant to Section 6.4(d)(ii)(A) of the provisions of 5 U.S.C. 552, will be Investors Exchange LLC, Long Term CAT NMS Plan, each Participant must, available for website viewing and Stock Exchange, Inc., MEMX LLC, through its Compliance Rule, require its printing in the Commission’s Public Miami International Securities Industry Members to record and report Reference Room, 100 F Street NE, Exchange LLC, MIAX Emerald, LLC, to the Central Repository, if the order is Washington, DC 20549, on official MIAX PEARL, LLC, NASDAQ BX, LLC, executed, in whole or in part: (1) An business days between the hours of Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Allocation Report; 6 (2) the SRO- 10:00 a.m. and 3:00 p.m. Copies of the Nasdaq MRX, LLC, NASDAQ PHLX Assigned Market Participant Identifier filing also will be available for LLC, The NASDAQ Stock Market LLC, of the clearing broker or prime broker, inspection and copying at the principal New York Stock Exchange LLC, NYSE if applicable; and the (3) CAT-Order-ID office of FINRA. All comments received American LLC, NYSE Arca, Inc., NYSE of any contra-side order(s). Accordingly, will be posted without change. Persons Chicago, Inc., and NYSE National, Inc. the Participants have implemented submitting comments are cautioned that (collectively, the ‘‘Participants’’) Compliance Rules that, among other we do not redact or edit personal requested that the Securities and things, require their Industry Members Exchange Commission (‘‘Commission’’ that are executing brokers to submit to identifying information from comment or ‘‘SEC’’) grant them exemptive relief the Central Repository, among other submissions. You should submit only from the National Market System Plan things, Allocation Reports and the SRO- information that you wish to make Governing the Consolidated Audit Trail Assigned Market Participant Identifier available publicly. All submissions (‘‘CAT NMS Plan’’),1 pursuant to its of the clearing broker or prime broker, should refer to File Number SR–FINRA– authority under Section 36 of the if applicable.7 2020–036 and should be submitted on Securities Exchange Act of 1934 III. Request for Relief or before November 13, 2020. (‘‘Exchange Act’’) 2 and Rule 608(e) of For the Commission, by the Division of Regulation NMS under the Exchange In the August 27, 2020 Exemption Trading and Markets, pursuant to delegated Act, from certain allocation reporting Request, the Participants request that authority.17 requirements of Sections 6.4(d)(ii)(A)(1) the Participants be permitted to and (2) of the CAT NMS Plan.3 implement an alternative approach to reporting allocations to the Central J. Matthew DeLesDernier, Section 36 of the Exchange Act grants the Commission the authority, with Repository, the ‘‘Allocation Assistant Secretary. certain limitations, to ‘‘conditionally or Alternative.’’ Under the Allocation [FR Doc. 2020–23456 Filed 10–22–20; 8:45 am] unconditionally exempt any person, Alternative, any Industry Member that BILLING CODE 8011–01–P security, or transaction . . . from any performs an allocation to a client provision or provisions of [the Exchange Act] or of any rule or regulation 4 15 U.S.C. 78mm(a)(1). thereunder, to the extent that such 5 17 CFR 242.608(e). exemption is necessary or appropriate 6 Section 1.1 of the CAT NMS Plan defines an ‘‘Allocation Report’’ as ‘‘a report made to the in the public interest, and is consistent Central Repository by an Industry Member that identifies the Firm Designated ID for any account(s), 1 The CAT NMS Plan was approved by the including subaccount(s), to which executed shares Commission, as modified, on November 15, 2016. are allocated and provides the security that has See Securities Exchange Act Release No. 79318 been allocated, the identifier of the firm reporting (November 15, 2016), 81 FR 84696 (November 23, the allocation, the price per share of shares 2016). allocated, the side of shares allocated, the number 2 15 U.S.C. 78mm(a)(1). of shares allocated to each account, and the time of 3 See letter from the Participants to Vanessa the allocation; provided for the avoidance of doubt, Countryman, Secretary, Commission, dated August any such Allocation Report shall not be required to 27, 2020 (the ‘‘August 27, 2020 Exemption be linked to particular orders or executions.’’ Request’’). Unless otherwise noted, capitalized 7 See, e.g., Cboe Exchange, Inc. Rule 7.22(a)(2)(A); 17 17 CFR 200.30–3(a)(12). terms are used as defined in the CAT NMS Plan. New York Stock Exchange LLC Rule 6830(a)(2)(A).
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account would be required through their Under the Allocation Alternative, when Currently, under the CAT NMS Plan, an Compliance Rules to submit an an Industry Member other than an Industry Member is required to report Allocation Report to the Central executing broker (e.g., a prime broker or the SRO-Assigned Market Participant Repository when shares/contracts are clearing broker) performs an Allocation, Identifier of the clearing broker or prime allocated to the client account that Industry Member would be broker in connection with the execution regardless of whether the Industry required to submit the Allocation Report of an order, and such information would Member was involved in executing the to the Central Repository. When an be part of the order’s lifecycle, rather underlying order(s). Under the executing broker performs an Allocation than in an Allocation Report that is not Allocation Alternative, an ‘‘Allocation’’ for an order that is executed, in whole linked to the order’s lifecycle.12 Under would be defined as: (1) The placement or in part, the burden of submitting an the Allocation Alternative, the identity of shares/contracts into the same Allocation Report to the Central of the prime broker would be required account for which an order was Repository would remain with the to be reported by the clearing broker on originally placed; or (2) the placement executing broker under the Allocation the Allocation Report, and, in addition, of shares/contracts into an account Alternative. In certain circumstances the prime broker itself would be based on allocation instructions (e.g., this would result in multiple Allocation required to report the ultimate subaccount allocations, delivery versus Reports—the executing broker (if self- allocation, which the Participants payment (‘‘DVP’’) allocations). Pursuant clearing) or its clearing firm would believe would provide more complete to this definition and the proposed report individual Allocation Reports information. Allocation Alternative, an Industry identifying the specific prime broker to The Participants state that associating Member that performs an Allocation to which shares/contracts were allocated a prime broker with a specific an account that is not a client account, and then each prime broker would itself execution, as is currently required by such as proprietary accounts and events report an Allocation Report identifying the CAT NMS Plan, does not reflect how including step outs,8 or correspondent the specific customer accounts to which the allocation process works in practice flips,9 would not be required to submit the shares/contracts were finally as allocations to a prime broker are done an Allocation Report to the Commission allocated. post-trade and are performed by the for that allocation, but could do so on The Participants state that granting clearing broker of the executing broker. a voluntary basis. The Participants exemptive relief from submitting The Participants also state that with the propose to allow Industry Members to Allocation Reports for executing brokers implementation of the Allocation report Allocations to accounts other who do not perform an Allocation, and Alternative, it would be duplicative for than client accounts, but if Industry requiring the Industry Member other the executing broker to separately Members report such Allocations, such than the executing broker that is identify the prime broker for allocation Allocations must be marked as performing the Allocation to submit purposes. Allocations to accounts other than client such Allocation Reports, is consistent The Participants state that if a accounts.10 with the basic approach taken by the particular customer only has one prime Commission in adopting Rule 613. A. Executing Brokers and Allocation broker, the identity of the prime broker Specifically, the Participants believe Reports can be obtained from the customer and that the Commission sought to require account information through the DVP To implement the Allocation each broker-dealer and exchange that accounts for that customer that contain Alternative, the Participants request touches an order to record the required the identity of the prime broker. The exemptive relief from Section data with respect to actions it takes on Participants further state that Allocation 6.4(d)(ii)(A)(1) of the CAT NMS Plan, to the order.11 Without the proposed Reports related to those executions the extent that the provision requires exemptive relief, executing brokers that would reflect that shares/contracts were each Participant to, through its do not perform Allocations would be allocated to the single prime broker. The Compliance Rule, require its Industry required to submit Allocation Reports. Participants believe that there is no loss Members that are executing brokers, In addition, the Participants state of information through the who do not perform Allocations, to because shares/contracts for every implementation of the Allocation record and report to the Central execution must be allocated to an Alternative compared to what is Repository, if the order is executed, in account by the clearing broker, there required in the CAT NMS Plan and that whole or in part, an Allocation Report. would be no loss of information by this approach does not decrease the shifting the reporting obligation from regulatory utility of the CAT for single 8 ‘‘A step-out allows a broker-dealer to allocate all the executing broker to the clearing or part of a client’s position from a previously prime broker circumstances. executed trade to the client’s account at another broker. In cases where a customer maintains broker-dealer. In other words, a step-out functions B. Identity of Prime Broker relationships with multiple prime as a client’s position transfer, rather than a trade; brokers, the Participants assert that the there is no exchange of shares and funds and no To implement the Allocation executing broker will not have change in beneficial ownership.’’ See FINRA, Trade Alternative, the Participants request Reporting Frequently Asked Questions, at Section information at the time of the trade as 301, available at: https://www.finra.org/filing- exemptive relief from Section to which particular prime broker may be reporting/market-transparency-reporting/trade- 6.4(d)(ii)(A)(2) of the CAT NMS Plan, to allocated all or part of the execution.13 reporting-faq. the extent that the provision requires Under the Allocation Alternative, the 9 Correspondent clearing flips are the movement each Participant to, through its executing broker (if self-clearing) or its of a position from an executing broker’s account to Compliance Rule, require its Industry a different account for clearance and settlement, allowing a broker-dealer to execute a trade through Members to record and report to the 12 The Participants are not requesting exemptive another broker-dealer and settle the trade in its own Central Repository, if an order is relief relating to the reporting of the SRO-Assigned account. See, e.g., The Depository Trust & Clearing executed, in whole or in part, the SRO- Market Participant Identifier of clearing brokers. Corporation, Correspondent Clearing, available at: Assigned Market Participant Identifier 13 Based on discussions with members of the https://www.dtcc.com/clearing-services/equities- Advisory Committee, the Participants understand trade-capture/correspondent-clearing. of the prime broker, if applicable. that multiple prime broker arrangements are 10 The Participants state that a ‘‘client account’’ is common, particularly with respect to customers any account that is not owned or controlled by the 11 See Securities Exchange Act Release No. 67457 that are large funds. August 27, 2020 Exemption Industry Member. (July 18, 2012), 77 FR 45722, 45748 (Aug. 1, 2012). Request, supra note 3, at 5, n.13.
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clearing firm would report individual Rule 4512(c); 15 (8) type of allocation believes granting exemptive relief Allocation Reports identifying the (allocation to a custody account, would improve efficiency and reduce specific prime broker to which shares/ allocation to a DVP account, step out, the costs and burdens of reporting contracts were allocated and then each correspondent flip, allocation to a firm allocations for Industry Members prime broker would itself report an owned or controlled account, or other because the reporting obligation would Allocation Report identifying the non-reportable transactions (e.g., option belong to the Industry Member with the specific customer accounts where the exercises, conversions); (9) for DVP requisite information, and executing shares/contracts were ultimately allocations, custody broker-dealer brokers that do not have the information allocated. To determine the prime clearing number (prime broker) if the required to provide an Allocation broker for a customer, a regulatory user custodian is a U.S. broker-dealer, DTCC Report would not be required to develop would query the customer and account number if the custodian is a U.S. bank, the infrastructure and processes database using the customer’s CCID to or a foreign indicator, if the custodian required to obtain, store and report the obtain all DVP accounts for the CCID at is a foreign entity; and (10) if an information. This exemptive relief broker-dealers. The Participants state allocation was cancelled, a cancel flag, should not reduce the regulatory utility that when a customer maintains which indicates that the allocation was of CAT because an Allocation Report relationships with multiple prime cancelled, and a cancel timestamp, would still be submitted covering each brokers, the customer typically has a which represents the time at which the executed trade allocated to a client separate DVP account with each prime allocation was cancelled. account, which in certain circumstances could still result in multiple Allocation broker, and the identities of those prime IV. Discussion brokers can be obtained from the Reports,16 just not necessarily by the customer and account information. The Commission believes that executing broker. granting exemptive relief from Sections C. Additional Conditions to Exemptive 6.4(d)(ii)(A)(1) and (2) of the CAT NMS B. Identity of Prime Broker Relief Plan as set forth below to allow for the The Commission believes that Currently, the definition of Allocation Allocation Alternative, subject to the exempting Participants from the Report in the CAT NMS Plan only refers conditions described herein, is requirement that they, through their to shares. To implement the Allocation appropriate in the public interest and Compliance Rules, require executing Alternative, the Participants propose to consistent with the protection of brokers to provide the SRO-Assigned require that all required elements of investors, and that pursuant to Rule Market Participant Identifier of the 608(e), this exemption is consistent with prime broker is appropriate because, as Allocation Reports apply to both shares the public interest, the protection of stated by the Participants, allocations and contracts, as applicable, for all investors, the maintenance of fair and are done on a post-trade basis and the Eligible Securities. Specifically, orderly markets and the removal of executing broker will not have the Participants would require the reporting impediments to, and the perfection of a requisite information at the time of the of the following in each Allocation national market system. trade. Because an executing broker, in Report: (1) The FDID for the account certain circumstances, does not have receiving the allocation, including A. Executing Brokers and Allocation this information at the time of the trade, subaccounts; (2) the security that has Reports this relief relieves executing brokers of been allocated; (3) the identifier of the The Commission is granting the the burdens and costs of developing firm reporting the allocation; (3) the Participants an exemption from the infrastructure and processes to obtain price per share/contracts of shares/ requirement that the Participants, this information in order to meet the contracts allocated; (4) the side of through their Compliance Rule, require contemporaneous reporting shares/contracts allocated; (4) the executing brokers to submit Allocation requirements of the CAT NMS Plan.17 number of shares/contracts allocated; Reports. The Commission understands The Commission believes that, and (5) the time of the allocation. that executing brokers that are not self- although executing brokers would no Furthermore, to implement the clearing do not perform allocations longer be required to provide this Allocation Alternative, the Participants themselves, and such allocations are information, regulators will still be able propose to require the following handled by prime and/or clearing to determine the prime broker(s) information on all Allocation Reports: brokers, and these executing brokers associated with orders through querying (1) Allocation ID, which is the internal therefore do not possess the requisite the customer and account information allocation identifier assigned to the information to provide Allocation database. If an executing broker has only allocation event by the Industry Reports. Correspondingly, the one prime broker, the identity of the Member; (2) trade date; (3) settlement Commission believes that it is prime broker can be obtained from the date: (4) IB/correspondent CRD Number appropriate to condition this exemption customer and account information (if applicable); (5) FDID of new order(s) on the Participants adopting associated with the executing broker. (if available in the booking system); 14 Compliance Rules that require prime For customers with multiple prime (6) allocation instruction time and/or clearing brokers to submit brokers, the identity of the prime (optional); (7) if the account meets the Allocation Reports when such brokers brokers can be obtained from the definition of institution under FINRA perform allocations. The Commission customer and account information
14 The Participants propose that for scenarios 15 FINRA Rule 4512(c) states the for purposes of 16 As noted above, under the Allocation where the Industry Member responsible for the rule, the term ‘‘institutional account’’ means the Alternative, for certain executions, the executing reporting the Allocation has the FDID of the related account of: (1) A bank, savings and loan association, broker (if self-clearing) or its clearing firm would new order(s) available, such FDID must be reported. insurance company or registered investment report individual Allocation Reports identifying the This would include scenarios in which: (1) The company; (2) an investment adviser registered specific prime broker to which shares/contracts FDID structure of the top account and subaccounts either with the SEC under Section 203 of the were allocated and then each prime broker would is known to the Industry Member responsible for Investment Advisers Act or with a state securities itself report an Allocation Report identifying the reporting the Allocation(s); and (2) the FDID commission (or any agency or office performing like specific customer accounts to which the shares/ structure used by the IB/Correspondent when functions); or (3) any other person (whether a contracts were finally allocated. reporting new orders is known to the clearing firm natural person, corporation, partnership, trust or 17 See CAT NMS Plan, supra note 1, at Section reporting the related Allocations. otherwise) with total assets of at least $50 million. 6.4(b)(i).
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which will list the prime broker, if there would enhance the utility of CAT by By the Commission. is one, that is associated with each providing more information related to J. Matthew DeLesDernier, account. allocations and will ultimately assist Assistant Secretary. C. Additional Conditions for Exemptive market surveillance, market [FR Doc. 2020–23467 Filed 10–22–20; 8:45 am] Relief reconstructions, and examinations. The BILLING CODE 8011–01–P Commission further believes that The Commission is granting the relief applying the requirements for conditioned upon the adoption of Allocation Reports to contracts in SECURITIES AND EXCHANGE Compliance Rules that implement the addition to shares is appropriate COMMISSION reporting requirements of the Allocation because CAT reporting requirements Alternative. The Commission believes [Release No. 34–90218; File No. SR–BX– 2020–030] that the proposed definition of apply to both options and equities. Allocation is reasonable. The The proposed approach described in Self-Regulatory Organizations; Nasdaq Commission is also exempting the August 27, 2020 Exemption Request BX, Inc.; Notice of Filing and Participants from the requirement that would require Participants to amend Immediate Effectiveness of Proposed they amend their Compliance Rules to their Compliance Rules to require Rule Change To Make Technical require Industry Members to report Industry Members to provide Allocation Amendments to the Options Listing Allocations for accounts other than Reports to the Central Repository any Rules client accounts. The Commission time they perform Allocations to a client believes that allocations to client account, whether or not the Industry October 19, 2020. accounts, and not allocations to Member was the executing broker for Pursuant to Section 19(b)(1) of the proprietary accounts or events such as the trades. The Participants also would Securities Exchange Act of 1934 1 2 step-outs and correspondent flips,18 be required to amend their Compliance (‘‘Act’’), and Rule 19b–4 thereunder, provide regulators the necessary Rules to require their Industry Members notice is hereby given that on October information to detect abuses in the reporting the Allocation Reports to 8, 2020, Nasdaq BX, Inc. (‘‘BX’’ or allocation process because it would include the additional elements set forth ‘‘Exchange’’) filed with the Securities and Exchange Commission provide regulators with detailed above on all Allocation Reports, in information regarding the fulfillment of (‘‘Commission’’) the proposed rule addition to those elements currently orders submitted by clients, while change as described in Items I and II required under the CAT NMS Plan. reducing reporting burdens on broker- below, which Items have been prepared dealers. For example, Allocation Based on the foregoing, the by the Exchange. The Commission is Reports would be required for Commission believes that, pursuant to publishing this notice to solicit allocations to registered investment Section 36 of the Exchange Act, this comments on the proposed rule change advisor and money manager accounts. exemption is appropriate in the public from interested persons. The Commission further believes that interest and consistent with the I. Self-Regulatory Organization’s the proposed approach should facilitate protection of investors, and that Statement of the Terms of Substance of regulators’ ability to distinguish pursuant to Rule 608(e), this exemption the Proposed Rule Change Allocation Reports relating to is consistent with the public interest, allocations to client accounts from other the protection of investors, the The Exchange proposes to amend Allocation Reports because Allocations maintenance of fair and orderly markets Options 4, Section 3, ‘‘Criteria for Underlying Securities,’’ Options 4, to accounts other than client accounts and the removal of impediments to, and Section 5, ‘‘Series of Options Contracts would have to be identified as such. the perfection of a national market Open for Trading,’’ and Options 4, This approach could reduce the time system. CAT Reporters expend to comply with Section 6, which is currently reserved, CAT reporting requirements and lower Accordingly, it is hereby ordered, to relocate certain rule text and make costs by allowing broker-dealers to use pursuant to Section 36(a)(1) of the other minor technical amendments. existing business practices. Exchange Act,20 and Rule 608(e) of the The text of the proposed rule change The Commission is conditioning this Exchange Act 21 and with respect to the is available on the Exchange’s website at exemption on the Participants amending proposed Allocation Alternative https://listingcenter.nasdaq.com/ their Compliance Rules to require specifically described above, that the rulebook/bx/rules, at the principal office additional elements in Allocation Participants are granted an exemption of the Exchange, and at the Reports.19 These additional elements from the requirements set forth in Commission’s Public Reference Room. Section 6.4(d)(ii)(A)(1) and (2) of the II. Self-Regulatory Organization’s 18 See, supra notes 8 and 9. CAT NMS Plan, subject to the Statement of the Purpose of, and 19 Specifically, the Participants would be required conditions described above. to modify their Compliance Rules such that all Statutory Basis for, the Proposed Rule required elements of Allocation Reports apply to Change both shares and contracts, as applicable, for all or controlled account, or other non-reportable In its filing with the Commission, the Eligible Securities. In addition, the Participants would be required to modify their Compliance transactions (e.g., option exercises, conversions); (9) Exchange included statements Rules so that Allocation Reports include the for DVP allocations, custody broker-dealer clearing concerning the purpose of and basis for following additional elements: (1) Allocation ID, number (prime broker) if the custodian is a U.S. the proposed rule change and discussed which is the internal allocation identifier assigned broker-dealer, DTCC number if the custodian is a any comments it received on the to the allocation event by the Industry Member; (2) U.S. bank, or a foreign indicator, if the custodian trade date; (3) settlement date: (4) IB/correspondent is a foreign entity; and (10) if an allocation was proposed rule change. The text of these CRD Number (if applicable); (5) FDID of new cancelled, a cancel flag, which indicates if the statements may be examined at the order(s) (if available in the booking system); (6) allocation was cancelled, and a cancel timestamp, places specified in Item IV below. The allocation instruction time (optional); (7) if account which represents the time at which the allocation Exchange has prepared summaries, set meets the definition of institution under FINRA was cancelled. Rule 4512(c); (8) type of allocation (allocation to a custody account, allocation to a DVP account, step 20 15 U.S.C. 78mm(a)(1). 1 15 U.S.C. 78s(b)(1). out, correspondent flip, allocation to a firm owned 21 17 CFR 242.608(e). 2 17 CFR 240.19b–4.
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forth in sections A, B, and C below, of Options 4, Section 5 and add a title text of current Supplementary Material the most significant aspects of such ‘‘$2.50 Strike Price Interval Program.’’ 3 .02 to Options 4, Section 5 to mirror the statements. The Exchange proposes to delete the rule text within ISE Options 4, Section first sentence of Supplementary 6. The Exchange proposes to add this A. Self-Regulatory Organization’s Material .03(e) within Options 4, sentence. ‘‘A complete copy of the Statement of the Purpose of, and Section 5, which provides ‘‘The interval current OLPP may be accessed at: http:// Statutory Basis for, the Proposed Rule between strike prices on Short Term www.optionsclearing.com/products/ Change Option Series shall be the same as the options_listing_proceduresplan.pdf’’ to 1. Purpose strike prices for series in that same the end of proposed Options 4, Section option class that expire in accordance 6(a) to provide greater detail. The The Exchange proposes to amend with the normal monthly expiration Exchange also proposes to add a clause Options 4, Section 3, ‘‘Criteria for cycle.’’ The Exchange notes that this which provides that, ‘‘The series Underlying Securities,’’ Options 4, rule text is not necessary because with exercise price range limitations Section 5, ‘‘Series of Options Contracts the relocation of the strike listing rules contained in subparagraph (a) above do Open for Trading,’’ and Options 4, for Short Term Option Series, which are not apply with regard to: The listing of Section 6, which is currently reserved, proposed to be relocated from Flexible Exchange Options,’’ similar to to relocate certain rule text and make Supplementary Material .12 of Options ISE. In addition to renumbering this other minor technical amendments. 4, Section 5 to new Options 4, Section section to correspond to ISE’s 5(f), the reference becomes unnecessary. Options 4, Section 3 numbering, the Exchange proposes The Exchange proposes to relocate additional rule text which mirrors ISE’s The Exchange proposes to amend Supplementary Material .13 within rule text which states, Options 4, Section 5 to the end of Options 4, Section 3(1)(i) to add the (iii) The Exchange may designate up to five words ‘‘or ETNs’’ after the phrase Supplementary .03(e) of Options 4, Section 5. options classes to which the series exercise ‘‘collectively known as ‘‘Index-Linked price range may be up to 100% above and Securities’’ ’’ for additional clarity. The Other Technical Amendments below the price of the underlying security Exchange believes that this addition of (which underlying security price shall be The Exchange proposes to relocate a determined in accordance with subparagraph ‘‘ETNs’’ will assist Participants in period currently after the term locating this rule text. (i) above). Such designations shall be made ‘‘Section’’ to after the number ‘‘5’’. The on an annual basis and shall not be removed Options 4, Section 5 Exchange proposes to update certain during the calendar year unless the options outdated citations to rule text within class is delisted by the Exchange, in which Relocate Rule Text Options 4, Section 5. The Exchange case the Exchange may designate another options class to replace the delisted class. If The Exchange proposes to relocate proposes to lowercase the term ‘‘customer’’ within Options 4, Section a designated options class is delisted by the certain portions of the Supplementary Exchange but continues to trade on at least Material to Options 4, Section 5 in order 5(c). The Exchange proposes to re- one options exchange, the options class shall that rule text related to certain strike number and re-letter certain sections for be subject to the limitations on listing new listing programs be placed with related consistency, and remove reserved series set forth in subparagraph (i) above rule text. Proposed relocated rule text is sections from the rule. The Exchange unless designated by another exchange. not being amended with this proposal. proposes to utilize the defined term (iv) If the Exchange that has designated five ‘‘Commission’’ 4 within Options 4, options classes pursuant to subparagraph (iii) The Exchange proposes to relocate Section 5(f). The Exchange proposes to above requests that one or more additional Supplementary Material .11 within remove a stray ‘‘6’’ within Options 4, options classes be excepted from the limitations on listing new series set forth in Options 4, Section 5 to new Options 4, Section 5(g). The Exchange proposes to Section 5(a)(1). subparagraph (i) above, the additional add the words ‘‘Long-Term Options options class(es) shall be so designated upon The Exchange proposes to relocate Series or’’ before the term ‘‘LEAPS’’ and the unanimous consent of all exchanges that Supplementary Material .14 within add quotation marks in that same trade the options class(es). Additionally, Options 4, Section 5 to new Options 4, sentence within current Supplementary pursuant to the Exchange’s request, the Section 5(e). Material .01(b)(v) at Options 5, Section percentage range for the listing of new series may be increased to more than 100% above The Exchange proposes to relocate 5 which is being renumbered as Supplementary Material .01(b)(5) at and below the price of the underlying Supplementary Material .12 within security for an options class, by the Options 4, Section 5 to new Options 4, Options 5, Section 5. unanimous consent of all exchanges that Section 5(f). Options 4, Section 6 trade the designated options class. The Exchange proposes to relocate Exceptions for an additional class or for an The Exchange proposes to amend increase of the exercise price range shall Supplementary Material .02 within Options 4, Section 6, which is currently apply to all standard expiration months Options 4, Section 5 to new Options 4, reserved. Similar to Nasdaq ISE, LLC existing at the time of the vote, plus the next Section 6. (‘‘ISE’’), the Exchange proposes to standard expiration month to be added, and The Exchange proposes to relocate relocate current Supplementary Material also to any non-standard expirations that Supplementary Material .07 within .02 to Options 4, Section 5 to new occur prior to the next standard monthly expiration. Options 4, Section 5 to new Options 4, Options 4, Section 6 and title the Section 5(h). section ‘‘Select Provisions of Options The Exchange believes that the Listing Procedures Plan.’’ The Exchange addition of this rule text will harmonize The Exchange proposes to relocate proposes to update and conform the rule BX’s Rule to ISE’s Options 4, Section 6 Supplementary Material .08 within and also memorialize certain aspects of Options 4, Section 5 to new Options 4, 3 The Exchange proposes to relocate current the Options Listing Procedures Plan so Section 5(i). Supplementary Material .02 to Options 4, Section that market participants will have ease The Exchange proposes to relocate 5 to new Options 4, Section 6, as described below. 4 The terms ‘‘Commission’’ or ‘‘SEC’’ mean the of reference in locating language Options 4, Section 5(d)(iv) to Securities and Exchange Commission (SEC), concerning the Options Listing Supplementary Material .02 within established pursuant to the Act. See General 1(b)(8). Procedures Plan.
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2. Statutory Basis III. Date of Effectiveness of the IV. Solicitation of Comments The Exchange believes that its Proposed Rule Change and Timing for Commission Action Interested persons are invited to proposal is consistent with Section 6(b) submit written data, views, and of the Act,5 in general, and furthers the Because the foregoing proposed rule arguments concerning the foregoing, objectives of Section 6(b)(5) of the Act,6 in particular, in that it is designed to change does not: (i) Significantly affect including whether the proposed rule promote just and equitable principles of the protection of investors or the public change is consistent with the Act. trade, to remove impediments to and interest; (ii) impose any significant Comments may be submitted by any of perfect the mechanism of a free and burden on competition; and (iii) become the following methods: operative for 30 days from the date on open market and a national market Electronic Comments system, and, in general to protect which it was filed, or such shorter time investors and the public interest. The as the Commission may designate, it has • Use the Commission’s internet Exchange’s proposal to make a non- become effective pursuant to Section comment form (http://www.sec.gov/ substantive amendment to Options 4, 19(b)(3)(A) of the Act 7 and Rule 19b– rules/sro.shtml); or Section 3 to add the more commonly 4(f)(6) thereunder.8 • Send an email to rule-comments@ used term ‘‘ETN’’ next to ‘‘Index-Linked A proposed rule change filed sec.gov. Please include File Number SR– Securities’’ will allow Participants to pursuant to Rule 19b–4(f)(6) under the BX–2020–030 on the subject line. search the rule text using the term Act 9 normally does not become ‘‘ETN’’. Paper Comments Amending Options 4, Section 5 to operative for 30 days after the date of its 10 relocate rule text within the related filing. However, Rule 19b–4(f)(6)(iii) • Send paper comments in triplicate listing program will make the rule easier permits the Commission to designate a to Secretary, Securities and Exchange to understand. The rule text being shorter time if such action is consistent Commission, 100 F Street NE, relocated is not amended by this with the protection of investors and the Washington, DC 20549–1090. proposal. The remainder of the rule public interest. The Exchange has changes within Options 4, Section 5 are requested that the Commission waive All submissions should refer to File non-substantive and intended to the 30-day operative delay. As the Number SR–BX–2020–030. This file provide clarity to the rule text. proposed rule change raises no novel number should be included on the Relocating current Supplementary issues and promotes clarity and subject line if email is used. To help the Material .02 to Options 4, Section 5 to consistency within the Exchange’s Commission process and review your new Options 4, Section 6 and titling the options listing rules, the Commission comments more efficiently, please use section ‘‘Select Provisions of Options believes that waiver of the 30-day only one method. The Commission will Listing Procedures Plan’’ will operative delay is consistent with the post all comments on the Commission’s harmonize BX’s listing rules with those protection of investors and the public internet website (http://www.sec.gov/ of ISE. Further, the Exchange believes interest. Accordingly, the Commission rules/sro.shtml). Copies of the that the addition of rule text within hereby waives the operative delay and submission, all subsequent Options 4, Section 6, similar to ISE designates the proposed rule change amendments, all written statements Options 4, Section 6, will provide operative upon filing.11 with respect to the proposed rule market participants with ease of At any time within 60 days of the change that are filed with the reference in locating language Commission, and all written concerning the Options Listing filing of the proposed rule change, the communications relating to the Procedures Plan. Commission summarily may The Exchange believes that the temporarily suspend such rule change if proposed rule change between the proposed amendments are consistent it appears to the Commission that such Commission and any person, other than with the Act and the protection of action is necessary or appropriate in the those that may be withheld from the investors and the general public because public interest, for the protection of public in accordance with the the amendments bring greater clarity to investors, or otherwise in furtherance of provisions of 5 U.S.C. 552, will be BX’s listing rules. the purposes of the Act. If the available for website viewing and Commission takes such action, the printing in the Commission’s Public B. Self-Regulatory Organization’s Reference Room, 100 F Street NE, Statement on Burden on Competition Commission shall institute proceedings to determine whether the proposed rule Washington, DC 20549 on official The Exchange does not believe that change should be approved or business days between the hours of the proposed rule change will impose disapproved. 10:00 a.m. and 3:00 p.m. Copies of the any burden on competition that is not filing also will be available for necessary or appropriate in furtherance 7 15 U.S.C. 78s(b)(3)(A). inspection and copying at the principal of the purposes of the Act. The 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– office of the Exchange. All comments proposed rule changes are non- 4(f)(6)(iii) requires a self-regulatory organization to received will be posted without change. substantive and are intended to provide give the Commission written notice of its intent to Persons submitting comments are greater clarity. file the proposed rule change, along with a brief description and text of the proposed rule change, cautioned that we do not redact or edit C. Self-Regulatory Organization’s at least five business days prior to the date of filing personal identifying information from Statement on Comments on the of the proposed rule change, or such shorter time comment submissions. You should as designated by the Commission. The Exchange Proposed Rule Change Received From has satisfied this requirement. submit only information that you wish Members, Participants, or Others 9 17 CFR 240.19b–4(f)(6). to make available publicly. All No written comments were either 10 17 CFR 240.19b–4(f)(6)(iii). submissions should refer to File solicited or received. 11 For purposes only of waiving the 30-day Number SR–BX–2020–030, and should operative delay, the Commission also has considered the proposed rule’s impact on be submitted on or before November 13, 5 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See 2020. 6 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f).
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For the Commission, by the Division of SMALL BUSINESS ADMINISTRATION Percent Trading and Markets, pursuant to delegated 12 authority. [Disaster Declaration #16706 and #16707; Non-Profit Organizations With- J. Matthew DeLesDernier, Louisiana Disaster Number LA–00105] out Credit Available Else- Assistant Secretary. where ...... 2.750 For Economic Injury: [FR Doc. 2020–23455 Filed 10–22–20; 8:45 am] Presidential Declaration of a Major Disaster for the State of Louisiana Businesses & Small Agricultural BILLING CODE 8011–01–P Cooperatives Without Credit AGENCY: U.S. Small Business Available Elsewhere ...... 3.000 Administration. Non-Profit Organizations With- out Credit Available Else- SMALL BUSINESS ADMINISTRATION ACTION: Notice. where ...... 2.750 SUMMARY: This is a Notice of the The number assigned to this disaster [Disaster Declaration #16662 and #16663; Presidential declaration of a major for physical damage is 167068 and for California Disaster Number CA–00327] disaster for the State of Louisiana economic injury is 167070. (FEMA–4570–DR), dated 10/16/2020. Presidential Declaration Amendment of Incident: Hurricane Delta. (Catalog of Federal Domestic Assistance a Major Disaster for Public Assistance Incident Period: 10/06/2020 through Number 59008) Only for the State of California 10/10/2020. Cynthia Pitts, AGENCY: U.S. Small Business DATES: Issued on 10/16/2020. Acting Associate Administrator for Disaster Administration. Physical Loan Application Deadline Assistance. ACTION: Amendment 4. Date: 12/15/2020. [FR Doc. 2020–23480 Filed 10–22–20; 8:45 am] Economic Injury (EIDL) Loan BILLING CODE 8026–03–P SUMMARY: This is an amendment of the Application Deadline Date: 07/16/2021. Presidential declaration of a major ADDRESSES: Submit completed loan disaster for Public Assistance Only for applications to: U.S. Small Business SMALL BUSINESS ADMINISTRATION the State of California (FEMA–4558– Administration, Processing and [Disaster Declaration #16603 and #16604; DR), dated 08/22/2020. Disbursement Center, 14925 Kingsport California Disaster Number CA–00325] Incident: Wildfires. Road, Fort Worth, TX 76155. Incident Period: 08/14/2020 through FOR FURTHER INFORMATION CONTACT: A. Presidential Declaration Amendment of 09/26/2020. Escobar, Office of Disaster Assistance, a Major Disaster for the State of DATES: Issued on 10/18/2020. U.S. Small Business Administration, California Physical Loan Application Deadline 409 3rd Street SW, Suite 6050, AGENCY: U.S. Small Business Date: 10/21/2020. Washington, DC 20416, (202) 205–6734. Administration. Economic Injury (EIDL) Loan SUPPLEMENTARY INFORMATION: Notice is ACTION: Amendment 7. Application Deadline Date: 05/24/2021. hereby given that as a result of the SUMMARY: This is an amendment of the ADDRESSES: Submit completed loan President’s major disaster declaration on applications to: U.S. Small Business 10/16/2020, applications for disaster Presidential declaration of a major Administration, Processing and loans may be filed at the address listed disaster for the State of California Disbursement Center, 14925 Kingsport above or other locally announced (FEMA–4558–DR), dated 08/22/2020. Incident: Wildfires. Road, Fort Worth, TX 76155. locations. The following areas have been Incident Period: 08/14/2020 through FOR FURTHER INFORMATION CONTACT: A. determined to be adversely affected by 09/26/2020. Escobar, Office of Disaster Assistance, the disaster: DATES: Issued on 10/18/2020. U.S. Small Business Administration, Physical Loan Application Deadline Primary Parishes (Physical Damage and 409 3rd Street SW, Suite 6050, Date: 11/23/2020. Washington, DC 20416, (202) 205–6734. Economic Injury Loans): Acadia, Economic Injury (EIDL) Loan Calcasieu, Cameron, Jefferson SUPPLEMENTARY INFORMATION: Application Deadline Date: 05/24/2021. The notice Davis, Vermilion ADDRESSES: Submit completed loan of the President’s major disaster Contiguous Parishes/Counties applications to: U.S. Small Business declaration for Private Non-Profit (Economic Injury Loans Only): Administration, Processing and organizations in the State of California, Louisiana: Allen, Beauregard, Disbursement Center, 14925 Kingsport dated 08/22/2020, is hereby amended to Evangeline, Iberia, Lafayette, Saint Road, Fort Worth, TX 76155. include the following areas as adversely Landry affected by the disaster. Texas: Jefferson, Newton, Orange FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, Primary Counties: Sierra, Trinity, The Interest Rates are: Tuolumne. U.S. Small Business Administration, All other information in the original Percent 409 3rd Street SW, Suite 6050, declaration remains unchanged. Washington, DC 20416, (202) 205–6734. (Catalog of Federal Domestic Assistance For Physical Damage: SUPPLEMENTARY INFORMATION: The notice Number 59008) Homeowners With Credit Avail- of the President’s major disaster able Elsewhere ...... 2.375 declaration for the State of California, Cynthia Pitts, Homeowners Without Credit dated 08/22/2020, is hereby amended to Acting Associate Administrator for Disaster Available Elsewhere ...... 1.188 include the following areas as adversely Assistance. Businesses With Credit Avail- able Elsewhere ...... 6.000 affected by the disaster: [FR Doc. 2020–23478 Filed 10–22–20; 8:45 am] Businesses Without Credit Primary Counties (Physical Damage and BILLING CODE 8026–03–P Available Elsewhere ...... 3.000 Economic Injury Loans): Trinity Non-Profit Organizations With Contiguous Counties (Economic Injury 12 17 CFR 200.30–3(a)(12). Credit Available Elsewhere ... 2.750 Loans Only):
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California: Humboldt, Siskiyou an annual report, the ACVBA reports to Coordinator, Visa Services, Bureau of All other information in the original the SBA Administrator, SBA’s Associate Consular Affairs, at (202) 485–7586 or declaration remains unchanged. Administrator for Veterans Business [email protected]. (Catalog of Federal Domestic Assistance Development, the Congress, the SUPPLEMENTARY INFORMATION: Number 59008) President, and other U.S. policy makers. • Title of Information Collection: The ACVBA is comprised of 15 Cynthia Pitts, Medical Examination for Visa or members—eight members represent Refugee Applicant. Acting Associate Administrator for Disaster veteran owned small business and seven • Assistance. OMB Control Number: 1405–0113. members represent veteran service or • [FR Doc. 2020–23476 Filed 10–22–20; 8:45 am] military organizations. Learn more Type of Request: Revision of a Currently Approved Collection. BILLING CODE 8026–03–P about the ACVBA by reviewing the • ACVBA charter at Advisory Committee Originating Office: CA/VO. on Veterans Business Affairs. • Form Number: Forms DS–2054, SMALL BUSINESS ADMINISTRATION On Aug. 13, 2014, the Office of DS–3030, DS–3025, DS–3026. Management and Budget (OMB) • Respondents: Visa and Refugee Advisory Committee on Veterans published in the Federal Register Applicants. Business Affairs; Committee Member revised guidance on individuals who • Estimated Number of Respondents: Nominations Sought Notice are not eligible to serve on federal 110,412. AGENCY: U.S. Small Business advisory committees. In accordance • Estimated Number of Responses: Administration. with OMB guidance, the President 110,412. ACTION: Notice of open nominations for directed agencies and departments in • Average Time per Response: 1 hour. veteran small business owners and the Executive Branch not to appoint or • Total Estimated Burden Time: veteran service organization re-appoint federally registered lobbyists 110,412 annual hours. to advisory committees and other boards representatives for the Advisory • Frequency: Once per respondent.1 and commissions. Committee on Veterans Business • Obligation to respond: Required to Affairs. Nicole Nelson, Obtain or Retain a Benefit. SUMMARY: The U.S. Small Business SBA Committee Management Officer. We are soliciting public comments to Administration seeks member [FR Doc. 2020–23536 Filed 10–22–20; 8:45 am] permit the Department to: nominations from veteran owned small BILLING CODE 8026–03–P • Evaluate whether the proposed businesses and veteran service information collection is necessary for organizations to serve on the Advisory the proper functions of the Department. Committee on Veterans Business DEPARTMENT OF STATE • Evaluate the accuracy of our Affairs. [Public Notice 11233] estimate of the time and cost burden of DATES: Nomination applications due by this proposed collection, including the 11:59 p.m. (EST), November 16, 2020. 30-Day Notice of Proposed Information validity of the methodology and ADDRESSES: Send nominations to Collection: Medical Examination for assumptions used. • [email protected]. Visa or Refugee Applicant Enhance the quality, utility, and clarity of the information to be SUPPLEMENTARY INFORMATION: The U.S. ACTION: Notice of request for public collected. Small Business Administration (SBA) comment and submission to OMB of • Minimize the reporting burden on seeks member nominations from veteran proposed collection of information. those who are to respond, including the owned small businesses and veteran use of automated collection techniques service organizations (VSO) to serve on SUMMARY: The Department of State is or other forms of information the Advisory Committee on Veterans seeking Office of Management and technology. Business Affairs (ACVBA). Budget (OMB) approval for the Additional Information: Nominations information collections described Please note that comments submitted of eligible applicants must complete the below. In accordance with the in response to this Notice are public following documents: Paperwork Reduction Act of 1995 and record. Before including any detailed 1. SBA Form 898 (08–08) https:// implementing OMB guidance, we are personal information, you should be www.sba.gov/document/sba-form-898- requesting comments on this collection aware that your comments as submitted, advisory-committee-membership- from all interested individuals and including your personal information, nominee-information-form. organizations. The purpose of this will be available for public review. 2. Current biography with political notice is to allow 30 days for public affiliation stated. comment. Abstract of Proposed Collection The completed documents will need Forms for this collection are to scanned and emailed to DATES: Submit comments up to completed by panel physicians for [email protected]. The November 23, 2020. refugees, aliens seeking immigrant visas, submission deadline for nominations is ADDRESSES: Written comments and and for some aliens seeking November 16, 2020. The SBA recommendations for the proposed nonimmigrant visas to the United Administrator will appoint individuals information collection should be sent States. The collection records medical who will serve on the ACVBA for a within 30 days of publication of this period of three years. notice to www.reginfo.gov/public/do/ The Veterans Entrepreneurship and PRAMain. Find this particular 1 The majority of applicants only need to complete medical examinations, and therefore these Small Business Development Act of information collection by selecting forms once. However, medical exams are valid for 1999—Public Law 106–50—established ‘‘Currently under 30-day Review—Open a period of three to six months from the the ACVBA to serve as an independent for Public Comments’’ or by using the examination date. Therefore, if an applicant’s source of advice and policy search function. medical examination expires prior to travel, then the applicant may need to undergo a new medical recommendations on veteran owned FOR FURTHER INFORMATION CONTACT: examination and therefore complete the forms more small business opportunities. Through Megan Herndon, Senior Regulatory than once.
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information necessary to determine implementing OMB guidance, we are use of automated collection techniques whether refugees or visa applicants have requesting comments on this collection or other forms of information medical conditions affecting the from all interested individuals and technology. applicant’s eligibility for a visa, or organizations. The purpose of this Please note that comments submitted affecting the public health and requiring notice is to allow 30 days for public in response to this Notice are public treatment. comment. record. Before including any detailed Methodology DATES: Submit comments up to personal information, you should be November 23, 2020. A panel physician, contracted by the aware that your comments as submitted, consular post, in accordance with ADDRESSES: Written comments and including your personal information, instructions issued by the Centers for recommendations for the proposed will be available for public review. information collection should be sent Disease Control and Prevention Abstract of Proposed Collection (‘‘CDC’’), performs the medical within 30 days of publication of this examination of the applicant and notice to www.reginfo.gov/public/do/ This electronic collection records completes the forms. Upon completing PRAMain. Find this particular medical information necessary to the applicant’s medical examination, information collection by selecting determine whether visa applicants have ‘‘Currently under 30-day Review—Open the examining panel physician submits medical conditions affecting the for Public Comments’’ or by using the a report to the consular officer on the applicant’s eligibility for a visa. DS–2054, Medical Examination for search function. Immigrant or Refugee Applicant, and FOR FURTHER INFORMATION CONTACT: Methodology associated worksheets. The entire Megan Herndon, Senior Regulatory Approved panel physicians will be medical package (all forms that Coordinator, Visa Services, Bureau of granted access to an eMedical system by comprise the panel physician medical Consular Affairs at (202) 485–7586 or examination) for visa applicants [email protected]. the Department to conduct medical examinations for visa eligibility identified by a panel physician as SUPPLEMENTARY INFORMATION: having a CLASS A or CLASS B medical • Title of Information Collection: determinations. The pilot program for condition is shared with CDC, in paper Electronic Medical Examination for Visa the eMedical system launched in form or electronically. The only Applicant. September 2018. The eMedical system documentation related to the panel • OMB Control Number: 1405–0230. was rolled out in six waves, the first physician examination that is not • Type of Request: Revision of a wave of the rollout was in July 2019, shared with CDC are the X-ray results, Currently Approved Collection. and the final wave was in May 2020. which panel physicians provide directly • Originating Office: CA/VO. Immigrant visa applicants with a to the applicants and are not a part of • Form Number: DS–7794. completed and submitted DS–260, the visa package. None of the medical • Respondents: Panel Physician/Visa Application for Immigrant Visa and package for visa applicants who are not Applicants. Alien Registration will have their identified as having a CLASS A or • Estimated Number of Respondents: medical exam results submitted to the CLASS B medical condition is 580,330. Department via the eMedical system. systematically shared with CDC. On a • Estimated Number of Responses: The panel physician will input the case by case basis, information from the 580,330. exam information into the eMedical • medical package could be shared with Average Time per Response: 1 hour. portal and it will be transmitted to the • CDC if specific information is necessary Total Estimated Burden Time: Department for visa adjudication and for the administration or enforcement of 580,330 annual hours. retained in the Department’s systems U.S. law, consistent with INA 222(f), 8 • Frequency: Once per respondent.1 • consistent with the Department’s record U.S.C. 1202(f). Obligation to Respond: Required to disposition schedule for visas. The Obtain or Retain a Benefit. entire medical package (all forms that Edward J. Ramotowski, We are soliciting public comments to comprise the panel physician medical Deputy Assistant Secretary, Bureau of permit the Department to: Consular Affairs, Department of State. • Evaluate whether the proposed examination) for visa applicants [FR Doc. 2020–23495 Filed 10–22–20; 8:45 am] information collection is necessary for identified by a panel physician as BILLING CODE 4710–06–P the proper functions of the Department. having a CLASS A or CLASS B medical • Evaluate the accuracy of our condition is shared with the Centers for estimate of the time and cost burden for Disease Control and Prevention (CDC), DEPARTMENT OF STATE this proposed collection, including the in paper, or electronically. The only [Public Notice 11232] validity of the methodology and documentation related to the panel assumptions used. physician examination that is not 30-Day Notice of Proposed Information • Enhance the quality, utility, and shared with CDC is the X-ray results, Collection: Electronic Medical clarity of the information to be which panel physicians provide directly Examination for Visa Applicant collected. to the visa applicants and are not a part • Minimize the reporting burden on of the visa package. None of the medical ACTION: Notice of request for public those who are to respond, including the package for visa applicants who are not comment and submission to OMB of identified as having a CLASS A or proposed collection of information. 1 The majority of applicants only need to CLASS B medical condition is complete medical examinations, and therefore these SUMMARY: The Department of State forms once. However, medical exams are valid for systematically shared with CDC. On a (‘‘Department’’) is seeking Office of a period of three to six months from the case by case basis, information from the Management and Budget (‘‘OMB’’) examination date. Therefore, if an applicant’s medical package could be shared with medical examination expires prior to travel, then CDC if specific information is necessary approval for the information collection the applicant may need to undergo a new medical described below. In accordance with the examination and therefore complete the forms more for the administration or enforcement of Paperwork Reduction Act of 1995 and than once.
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U.S. law, consistent with INA 222(f), 8 • State and local courts and their documents. The SJI GMS is accessible at U.S.C. 1202(f). agencies (42 U.S.C. 10705(b)(1)(A)). https://gms.sji.gov. The SJI urges • National nonprofit organizations applicants to submit applications at Edward J. Ramotowski, controlled by, operating in conjunction least 72 hours prior to the application Deputy Assistant Secretary, Bureau of with, and serving the judicial branches due date to allow time for the applicant Consular Affairs, Department of State. of State governments (42 U.S.C. to receive an application acceptance [FR Doc. 2020–23494 Filed 10–22–20; 8:45 am] 10705(b)(1)(B)). message and to correct in a timely BILLING CODE 4710–06–P • National nonprofit organizations for fashion any problems that may arise, the education and training of judges and such as missing or incomplete forms. support personnel of the judicial branch Questions related to the SJI Grant STATE JUSTICE INSTITUTE of State governments (42 U.S.C. Program or the SJI GMS should be 10705(b)(1)(C)). An applicant is directed to [email protected]. Grant Guideline, Notice considered a national education and training applicant under section III. The Mission of the State Justice AGENCY: State Justice Institute. 10705(b)(1)(C) if: Institute ACTION: Grant Guideline for FY 2021. D The principal purpose or activity of The State Justice Institute the applicant is to provide education Authorization Act of 1984 (42 U.S.C. SUMMARY: This guideline sets forth the and training to State and local judges 10701 et seq.) established SJI to improve administrative, programmatic, and and court personnel; and the administration of justice in the State financial requirements attendant to D The applicant demonstrates a record courts of the United States. Incorporated Fiscal Year 2021 State Justice Institute of substantial experience in the field of in the State of Virginia as a private, grants. judicial education and training. nonprofit corporation, SJI is charged, by DATES: October 23, 2020. • Other eligible grant recipients (42 statute, with the responsibility to: FOR FURTHER INFORMATION CONTACT: U.S.C. 10705 (b)(2)(A) through (D)). • Direct a national program of Jonathan Mattiello, Executive Director, D Provided that the objectives of the financial assistance designed to ensure State Justice Institute, 11951 Freedom project can be served better, SJI is also that each citizen of the United States is Drive, Suite 1020, Reston, VA 20190, authorized to make awards to: provided ready access to a fair and 571–313–8843; jonathan.mattiello@ (a) Nonprofit organizations with effective system of justice; • sji.gov. expertise in judicial administration, Foster coordination and (b) Institutions of higher education, cooperation with the Federal judiciary; SUPPLEMENTARY INFORMATION: Pursuant (c) Individuals, partnerships, firms, • Promote recognition of the to the State Justice Institute Act of 1984 corporations (for-profit organizations importance of the separation of powers (42 U.S.C. 10701 et seq.), the State must waive their fees), doctrine to an independent judiciary; Justice Institute is authorized to award (d) Private agencies with expertise in and grants, cooperative agreements, and judicial administration. • Encourage education for judges and contracts to State and local courts, D SJI may also make awards to State support personnel of State court systems nonprofit organizations, and others for or local agencies and institutions other through national and State the purpose of improving the quality of than courts for services that cannot be organizations. justice in the state courts of the United adequately provided through To accomplish these broad objectives, States. nongovernmental arrangements (42 SJI is authorized to provide funding to The following Grant Guideline is U.S.C. 10705(b)(3)). State courts, national organizations that adopted by the State Justice Institute for SJI is prohibited from awarding grants support and are supported by State FY 2021. to Federal, tribal, and international courts, national judicial education courts. Table of Contents organizations, and other organizations II. Grant Application Deadlines that can assist in improving the quality I. Eligibility of justice in the State courts. II. Grant Application Deadlines The SJI Board of Directors makes Through the award of grants, III. The Mission of the State Justice Institute awards on a Federal fiscal year quarterly contracts, and cooperative agreements, IV. Grant Types basis. Applications may be submitted at SJI is authorized to perform the V. Application and Submission Information any time but will be considered for VI. How To Apply following activities: award based only on the timetable • Support technical assistance, VII. Post Award Reporting Requirements below: VIII. Compliance Requirements demonstrations, special projects, IX. Financial Requirements research, and training to improve the X. Grant Adjustments TABLE 1—APPLICATION DEADLINES BY administration of justice in the State FEDERAL FISCAL YEAR QUARTER I. Eligibility courts; • Provide for the preparation, Pursuant to the State Justice Institute Federal Application due publication, and dissemination of fiscal year quarter date Act of 1984 (42 U.S.C. 10701 et seq.), information regarding State judicial the State Justice Institute (SJI) is 1 ...... November 1. systems; authorized to award grants, cooperative 2 ...... February 1. • Participate in joint projects with agreements, and contracts to State and 3 ...... May 1. Federal agencies and other private local courts, nonprofit organizations, 4 ...... August 1. grantors; and others for the purpose of improving • Evaluate or provide for the the quality of justice in the State courts To be considered timely, an evaluation of programs and projects to of the United States. application must be submitted by the determine their impact upon the quality SJI is authorized by Congress to award application deadline noted above. of criminal, civil, and juvenile justice grants, cooperative agreements, and Applicants must use the SJI Grants and the extent to which they have contracts to the following entities and Management System (GMS) to submit contributed to improving the quality of types of organizations: all applications and post-award justice in the State courts;
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• Encourage and assist in furthering develops guides, handbooks, and These disparities can be because of judicial education; and instructions on how to proceed; inequities in socio-economic, racial, • Encourage, assist, and serve in a develops court-based self-help centers; ethnic, gender, age, health, or other consulting capacity to State and local and uses internet technologies to factors. In addition to identifying courts in the development, increase access. These projects are disparities, SJI promotes systemic maintenance, and coordination of improving outcomes for litigants and approaches to reducing disparities. criminal, civil, and juvenile justice saving valuable court resources. 4. Advancing Justice Reform programs and services. • Language Access—SJI supports SJI is supervised by a Board of language access in the State courts • Criminal Justice Reform—SJI assists Directors appointed by the U.S. through remote interpretation (outside State courts in taking a leadership role President, with the advice and consent the courtroom), interpreter training and in reviewing fines, fees, and bail of the U.S. Senate. The SJI Board of certification, courtroom services (plain practices to ensure processes are fair Directors is statutorily composed of six language forms, websites, etc.), and and access to justice is assured; judges; a State court administrator; and addressing the requirements of Title VI implements alternative forms of four members of the public, no more of the Civil Rights Act of 1964 (42 sanction; develops processes for than two of the same political party. U.S.C. 2000d et seq.) and the Omnibus indigency review; promotes Additional information about SJI, Crime Control and Safe Streets Act (34 transparency, governance, and including a list of members of the SJI U.S.C. 10101 et seq.). structural reforms that promote access Board of Directors, is available at • Procedural Fairness—A to justice, accountability, and oversight; https://www.sji.gov. fundamental role of courts is to ensure and implements innovative diversion fair processes and just outcomes for and re-entry programs that serve to A. Priority Investment Areas litigants. SJI promotes the integration of improve outcomes for justice-involved The SJI Board of Directors has research-based procedural fairness persons and the justice system. established Priority Investment Areas principles, policies, and practices into • Juvenile Justice Reform—SJI for grant funding. SJI will allocate State court operations to increase public supports innovative projects that significant financial resources through trust and confidence in the court advance best practices in handling grant-making for these Priority system, reduce recidivism, and increase dependency and delinquency cases; Investment Areas. The Priority compliance with court orders. promote effective court oversight of juveniles in the justice system; address Investment Areas are applicable to all 3. Reducing Disparities and Protecting the impact of trauma on juvenile grant types. SJI strongly encourages Victims, Underserved, and Vulnerable behavior; assist the courts in potential grant applicants to consider Populations projects addressing one or more of these identification of appropriate provision • Priority Investment Areas and to Human Trafficking—SJI addresses of services for juveniles; and address integrate the following factors into each the impact of Federal and State human juvenile re-entry. proposed project: trafficking laws on the State courts, and • Family and Civil Justice Reform— • Evidence based, data-driven the challenges faced by State courts in SJI promotes court-based solutions for decision making; dealing with cases involving trafficking the myriad of civil case types, such as • Cross-sector collaboration; victims and their families. These efforts domestic relations, housing, • Systemic approaches (as opposed to are intended to empower State courts to employment, debt collection, which are standalone programs); identify victims, link them with vital overwhelming court dockets. • Ease of replication; and services, and hold traffickers 5. Transforming Courts • Sustainability. accountable. For FY 2021, the Priority Investment • Rural Justice—Rural areas and their • Emergency Response and Areas are listed below in no specific justice systems routinely have fewer Recovery—Courts must be prepared for order. resources and more barriers than their natural disasters and public health urban counterparts, such as availability emergencies, such as pandemics. SJI 1. Opioids and Other Dangerous Drugs, of services, lack of transportation, and supports projects that look to the future and Behavioral Health Responses smaller workforces. Programs and of judicial service delivery by • Behavioral Health Disparities— practices that are effective in urban identifying and replicating innovations Research indicates that justice-involved areas are often inappropriate and or lack and alternate means of conducting court persons have significantly greater supported research for implementation business because of pandemics and proportions of mental, substance use, in rural areas. SJI supports rural courts natural disasters such as hurricanes, and co-occurring disorders than are by identifying promising and best earthquakes, and wildfires. found in the public. SJI supports cross- practices, and promoting resources, • Cybersecurity—Courts must also be sector collaboration and information education, and training opportunities prepared for cyberattacks on court sharing that emphasizes policies and uniquely designed for rural courts and systems, such as denial of service and practices designed to improve court court users. ransomware attacks on court case responses to justice-involved persons • Guardianship, Conservatorship, management systems, websites, and with behavioral health and other co- and Elder Issues—SJI assists courts in other critical information technology occurring needs. improving court oversight of guardians infrastructure. SJI supports projects that and conservators for the elderly and assist courts in preparing for, and 2. Promoting Access to Justice and incapacitated adults through visitor responding to, these attacks, and share Procedural Fairness programs, electronic reporting, and lessons learned to courts across the • Self-Represented Litigation—SJI training. United States. promotes court-based solutions to • Disparities in Justice—SJI supports • Technology—SJI promotes and address increases in self-represented research and data-driven approaches supports innovative technology projects litigants; helps make courts more user- that examine statutory requirements, that will improve court processes and friendly by simplifying court forms; policies, and practices that result in procedures, including technology provides one-on-one assistance; disparities for justice-involved persons. projects that streamline case filing and
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management processes, thereby travel of full- or part-time court applicants are strongly encouraged to reducing time and costs to litigants and employees. contact SJI prior to submitting a concept the courts; provide online access to Applicants for TA grants are required paper for guidance on this initial step. courts to litigants so that disputes can to contribute a total match of not less E. Education Support Program (ESP) for be resolved more efficiently; and make than 50 percent of the grant amount Judges and Court Managers structural changes to court services that requested, of which 20 percent must be enable them to evolve into an online cash. For example, an applicant seeking The ESP is intended to enhance the environment. a $50,000 TA grant must provide a skills, knowledge, and abilities of State • Training, Education, and Workforce $25,000 match, of which up to $20,000 court judges and court managers by Development—State courts require a can be in-kind and not less than $5,000 enabling them to attend out-of-state, or workforce that is adaptable to public must be cash. Funding from other to enroll in online, educational and demands for services. SJI supports Federal departments and agencies may training programs sponsored by national projects that focus on the tools needed not be used for cash match. and State providers they could not otherwise attend or take online because to enable judges, court managers, and C. Curriculum Adaptation and Training of limited State, local, and personal staff to lead their courts in future reform (CAT) Grant efforts. budgets. The program covers only the CAT grants are intended to: (1) Enable cost of tuition up to a maximum of IV. Grant Types courts or national court associations to $1,000 per course. SJI supports five types of grants: modify and adapt model curricula, The ESP is administered by the Project, Technical Assistance (TA), course modules, or conference programs National Judicial College (NJC) and the Curriculum Adaptation and Training to meet States’ or local jurisdictions’ National Center for State Courts (NCSC)/ (CAT), Strategic Initiatives Grants (SIG) educational needs; train instructors to Institute for Court Management (ICM), Program, and the Education Support present portions or all of the curricula; in partnership with SJI. For NJC courses, Program (ESP). A brief description of and pilot-test them to determine their register online at https:// each type of grant is below. appropriateness, quality, and www.judges.org/courses. For ICM effectiveness; or (2) conduct judicial A. Project Grant courses, register online at https:// branch education and training www.ncsc.org/education-and-careers/ Project grants are intended to support programs, led by either expert or in- icm-courses. During the respective innovative education and training, house personnel, designed to prepare registration processes, each website will research and evaluation, demonstration, judges and court personnel for ask if you need a scholarship to and technical assistance projects that innovations, reforms, and/or new participate. Follow the online can improve the administration of technologies recently adopted by instructions to request tuition justice in State courts locally or grantee courts. CAT grants may not assistance. nationwide. Project grants may exceed $30,000 or 12 months in ordinarily not exceed $300,000 or 36 duration. Examples of expenses not V. Application and Submission months in duration. Examples of covered by CAT grants include the Information expenses not covered by Project grants salaries, benefits, or travel of full-or This section describes in detail what include the salaries, benefits, or travel of part-time court employees. an application should include. An full- or part-time court employees. Applicants for CAT grants are applicant should anticipate that if it Funding may not be used for the required to contribute a match of not fails to submit an application that ordinary, routine operations of court less than 50 percent of the grant amount contains all the specified project systems. requested, of which 20 percent must be components, it may negatively affect the Applicants for Project grants must cash. For example, an applicant seeking review of the application. Applicants contribute a cash match of not less than a $30,000 CAT grant must provide a must use the SJI GMS to submit all 50 percent of the total cost of the $15,000 match, of which up to $12,000 applications and post-award documents. proposed project. This means that grant can be in-kind and not less than $3,000 The SJI GMS is accessible at https:// awards by SJI must be matched at least must be cash. Funding from other gms.sji.gov. dollar for dollar by grant applicants. Federal departments and agencies may Applicants may contribute the required not be used for cash match. A. Application Components cash match directly or in cooperation Applicants for SJI grants must submit with third parties. Funding from other D. Strategic Initiatives Grant (SIG) the following forms and/or documents Federal departments or agencies may The SIG program provides SJI with via the SJI GMS: not be used for cash match. the flexibility to address national court issues as they occur and develop 1. Application Form (Form A) B. Technical Assistance (TA) Grant solutions to those problems. This is an The application form requests basic TA grants are intended to provide innovative approach where SJI uses its information regarding the proposed State or local courts, or regional court expertise and the expertise and project, the applicant, and the total associations, with sufficient support to knowledge of its grantees to address key amount of funding requested from SJI. It obtain expert assistance to diagnose a issues facing State courts across the also requires the signature of an problem, develop a response to that United States. individual authorized to certify on problem, and implement any needed The funding is used for grants or behalf of the applicant that the changes. TA grants may not exceed contractual services and is handled at information contained in the $50,000 or 12 months in duration. In the discretion of the SJI Board of application is true and complete; calculating project duration, applicants Directors and staff. SJI requires the submission of the application has been are cautioned to fully consider the time submission of a concept paper prior to authorized by the applicant; and, if required to issue a request for proposals, the full application process. Only funding for the proposed project is negotiate a contract with the selected applicants that submit an approved approved, the applicant will comply provider, and execute the project. Funds concept paper will be invited to submit with the requirements and conditions of may not be used for salaries, benefits, or a full application for funding. Potential the award, including the assurances set
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forth in Form D in section V.A.4, a. Statement of need. The applicant integrating the adapted curriculum in Assurances (Form D) of this guideline. must explain the critical need facing the the future using State or local funds applicant, and how SJI funds will once it has been successfully adapted 2. Certificate of State Approval (Form B) enable the applicant to meet this critical and tested. An application from a State or local need. The applicant must also explain e. CAT grant (training). The applicant court must include a copy of Form B why State or local resources are not should describe the court reform or signed by the State’s chief justice or sufficient to fully support the costs of initiative prompting the need for State court administrator. The signature the project. training. The applicant should also denotes that the proposed project has The applicant must provide a verified discuss how the proposed training will been approved by the State’s highest source for the data that supports the help the applicant implement planned court or the agency or council it has statement of the problem (i.e., Federal, changes at the court, and why State or designated. Further, the signature State, and local databases). The local resources are not sufficient to fully denotes, if applicable, a cash match discussion should include specific support the costs of the required reduction has been requested, and that references to the relevant literature and training. if SJI approves funding for the project, to the experience in the field. SJI f. SIG grants. Applicants should detail the court or the specified designee will continues to make all grant reports and the origin of the project (i.e., requested receive, administer, and be accountable most grant products available online by SJI or a request to SJI) and provide for the awarded funds. through the NCSC Library and Digital a detailed description about the issue of Archive. Applicants are required to 3. Budget Form (Form C) national impact the proposed project conduct a search of the NCSC Library will address, including any evaluations, Applicants must provide a detailed and Digital Archive on the topic areas reports, resolutions, or other data to budget and a budget narrative providing they are addressing. This search should support the need statement. an explanation of the basis for the include SJI-funded grants and previous estimates in each budget category. If projects not supported by SJI. Searches B. Project Description and Objectives funds from other sources are required to for SJI grant reports and other State The applicant should include a clear, conduct the project, either as match or court resources begin with the NCSC concise statement of what the proposed to support other aspects of the project, Library section. Applicants must project is intended to accomplish and the source, current status of the request, discuss the results of their research, how those objectives will be met. The how they plan to incorporate the and anticipated decision date must be applicant should delineate the tasks to previous work into their proposed provided. be performed in achieving the project project, and if the project will objectives and the methods to be used 4. Assurances (Form D) differentiate from prior work. b. Project grants. If the project is to be for accomplishing each task. Form D lists the statutory, regulatory, conducted in any specific location(s), The applicant must describe how the and policy requirements with which the applicant should discuss the proposed project addresses one or more recipients of SJI funds must comply. particular needs of the project site(s) the Priority Investment Areas. If the project 5. Disclosure of Lobbying Activities project would address and why existing does not address one or more Priority (Form E) programs, procedures, services, or other Investment Areas, the applicant must resources do not meet those needs. provide an explanation as to why not. Applicants other than units of State or If the project is not site-specific, the 1. Application Details by Project Type local government are required to applicant should discuss the problems disclose whether they, or another entity that the proposed project would a. Project grants. The applicant that is part of the same organization as address, and why existing programs, should include detailed descriptions of the applicant, have advocated a position procedures, services, or other resources tasks, methods, and evaluations. For before Congress on any issue, and to cannot adequately resolve those example: identify the specific subjects of their problems. In addition, the applicant • Research and evaluation projects. lobbying efforts. should describe how, if applicable, the The applicant should include the data 6. Project Abstract project will be sustained in the future sources, data collection strategies, through existing resources. variables to be examined, and analytic The abstract should highlight the c. TA grants. The applicant should procedures to be used for conducting purposes, goals, methods, and explain why State or local resources are the research or evaluation and ensuring anticipated benefits of the proposed unable to fully support the modification the validity and general applicability of project. It should not exceed one single- and presentation of the model the results. For projects involving spaced page and should be uploaded on curriculum. The applicant should also human subjects, the discussion of the ‘‘Attachments’’ tab in SJI GMS. describe the potential for replicating or methods should address the procedures for obtaining respondents’ informed 7. Program Narrative integrating the adapted curriculum in the future using State or local funds consent, ensuring the respondents’ The program narrative for an once it has been successfully adapted privacy and freedom from risk or harm, application may not exceed 25 double- and tested. In addition, the applicant and protecting others who are not the spaced pages on 81⁄2 by 11-inch paper should describe how, if applicable, the subjects of research but would be with 1-inch margins, using a standard project will be sustained in the future affected by the research. If the potential 12-point font. The pages should be through existing resources. exists for risk or harm to human numbered. This page limit does not d. CAT grants (curriculum subjects, a discussion should be include the forms, the abstract, the adaptation). The applicant should included that explains the value of the budget narrative, or any additional explain why State or local resources are proposed research and the methods to attachments. The program narrative unable to fully support the modification be used to minimize or eliminate such should address the following, noting and presentation of the model risk. Refer to section VIII.R.3, Human any specific areas to address by grant curriculum. The applicant should also Subject Protection of this guideline for type: describe the potential for replicating or additional information.
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• Education and training projects. • What specific tasks will the that individual or organization The applicant should include the adult consultant(s) and court staff undertake? documenting interest in and availability education techniques to be used in • What is the schedule for completion for the project, as well as the trainer’s designing and presenting the program, of each required task and the entire ability to complete the assignment including the teaching and learning project? within the proposed time frame and for objectives of the educational design, the • How will the applicant oversee the the proposed cost. teaching methods to be used, and the project and provide guidance to the In addition, the applicant should opportunities for structured interaction consultant, and who at the court or address the following questions: among the participants; how faculty regional court association would be • What specific tasks would the would be recruited, selected, and responsible for coordinating all project trainer and court staff or regional court trained; the proposed number and tasks and submitting quarterly progress association members undertake? length of the conferences, courses, and financial status reports? • What presentation methods will be seminars, or workshops to be conducted c. CAT grants (curriculum used? and the estimated number of persons adaptation). The applicant must • What is the schedule for completion who would attend them; the materials to provide the title of the curriculum that of each required task and the entire be provided and how they would be will be adapted and identify the entity project? developed; and the cost to participants. that originally developed the • How will the applicant oversee the • Demonstration projects. The curriculum. Applicants should allow at project and provide guidance to the applicant should include the least 90 days between the potential trainer, and who at the court or demonstration sites and the reasons award date and the date of the proposed affiliated with the regional court they were selected or, if the sites have program to allow sufficient time for association would be responsible for not been chosen, how they would be planning. This period of time should be coordinating all project tasks and identified; how the applicant would reflected in the project timeline. The submitting quarterly progress and obtain the cooperation of demonstration applicant must also address the financial status reports? sites; and how the program or following questions: • The applicant should explain what • Why is this education program procedures would be implemented and steps have been or will be taken to needed at the present time? monitored. • coordinate the implementation of the • Technical assistance projects. The What are the project’s goals? • What are the learning objectives of training. For example, if the support or applicant should explain the types of the adapted curriculum? cooperation of specific court, regional assistance that would be provided, the • What program components would court association officials, committees, particular issues and problems for be implemented, and what types of other agencies, funding bodies, which assistance would be provided, modifications, if any, are anticipated in organizations, or a court other than the the type of assistance determined, how length, format, learning objectives, applicant will be needed to adopt the suitable providers would be selected teaching methods, or content? reform and initiate the proposed and briefed, and how reports would be • Who would be responsible for training, how will the applicant secure reviewed. adapting the model curriculum? their involvement in the development b. TA grants. The applicant must • Who would the participants be, and implementation of the training? identify which organization or how many would there be, how would e. SIG grants. The applicant should individual will be hired to provide the they be recruited, and from where expand upon the project description assistance, and how the consultant was would they come (e.g., from a single and objectives described in the selected. The applicant must describe local jurisdiction, from across the State, approved concept paper. Any and all the tasks the consultant will perform, from a multi-State region, from across feedback and questions submitted by and how the tasks will be accomplished. the nation)? the SJI Board of Directors and staff If a consultant has not yet been The applicant should also provide the during the review of the concept paper identified, the applicant must describe proposed timeline, including the project should also be incorporated into the the procedures and criteria that will be start and end dates, the date(s) the project design. used to select the consultant (applicants judicial branch education program will 2. Dissemination Plan are expected to follow their be presented, and the process that will jurisdictions’ normal procedures for be used to modify and present the The application must (1) explain how procuring consultant services). program. The applicant should also and to whom the products would be If the consultant has been identified, identify who will serve as faculty, and disseminated; describe how they would the applicant should provide a letter how they were selected, in addition to benefit the State courts, including how from that individual or organization the measures taken to facilitate they could be used by judges and court documenting interest in and availability subsequent presentations of the personnel; (2) identify development, for the project, as well as the program. production, and dissemination costs consultant’s ability to complete the d. CAT grants (training). The covered by the project budget; and (3) assignment within the proposed time applicant must identify the tasks the present the basis on which products and frame and for the proposed cost. The trainer(s) will be expected to perform, services developed or provided under consultant must agree to submit a which organization or individual will be the grant would be offered to the court detailed written report to the court and hired, and, if in-house personnel are not community and the public at large (i.e., SJI upon completion of the technical the trainers, how the trainer will be whether products would be distributed assistance. The applicant should then selected. at no cost to recipients, or if costs are describe the steps that have been or will If a trainer has not yet been identified, involved, the reason for charging be taken to facilitate implementation of the applicant must describe the recipients and the estimated price of the the consultant’s recommendations upon procedures and criteria that will be used product). Ordinarily, applicants should completion of the technical assistance. to select the trainer. schedule all product preparation and The applicant should then address the If the trainer has been identified, the distribution activities within the project following questions: applicant should provide a letter from period.
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The type of product to be prepared 3. Staff Capability and Organizational objective and independent assessment depends on the nature of the project. Capacity of the effectiveness or usefulness of the For example, in most instances, the An applicant that is not a State or training or services provided; the impact products of a research, evaluation, or local court and has not received a grant of the procedures, technology, or demonstration project should include from SJI within the past 3 years should services tested; or the validity and (1) an article summarizing the project indicate whether it is either (1) a applicability of the research conducted. findings that is publishable in a journal national non-profit organization The evaluation plan should be appropriate to the type of project serving the courts community controlled by, operating in conjunction proposed considering the nature, scope, nationally, (2) an executive summary with, and serving the judicial branches and magnitude of the project. that would be disseminated to the of State governments, or (2) a national project’s primary audience, or (3) both non-profit organization for the 5. Sustainability an article and executive summary. education and training of State court Describe how the project will be Applicants proposing to conduct judges and support personnel. If the empirical research or evaluation sustained after SJI assistance ends. The applicant is a non-judicial unit of sustainability plan should describe how projects with national import should Federal, State, or local government, it current collaborations and evaluations describe how they would make their must explain whether the proposed will be used to leverage ongoing data available for secondary analysis services could be adequately provided resources. SJI encourages applicants to after the grant period. by non-governmental entities. ensure sustainability by coordinating The curricula and other products Applicants that have not received a with local, State, and other Federal developed through education and grant from SJI within the past 3 years resources. training projects should be designed for should include a statement describing use by others and again by the original their capacity to administer grant funds, C. Budget and Matching State participants in the course of their including the financial systems used to Contribution duties. Applicants proposing to develop monitor project expenditures (and Applicants must complete a budget in web-based products should provide for income, if any), a summary of their past the SJI GMS and upload a budget sending a notice and description of the experience in administering grants, and narrative. The budget narrative should document to the appropriate audiences any resources or capabilities that they provide the basis for all project-related to alert them to the availability of the have that would particularly assist in costs and the sources of any match, as website or electronic product (i.e., a the successful completion of the project. required. The budget narrative should written report with a reference to the Unless requested otherwise, an thoroughly and clearly describe every website). applicant that has received a grant from category of expense listed. SJI expects SJI within the past 3 years should proposed budgets to be complete, cost Applicants must submit a final draft describe only the changes in its effective, and allowable (e.g., of all written grant products to SJI for organizational capacity, tax status, or reasonable, allocable, and necessary for review and approval at least 30 days financial capability that may affect its project activities). before the products are submitted for capacity to administer a grant. If the 1. Justification of Personnel publication or reproduction. For applicant is a non-profit organization Compensation. The applicant should set products in website or multimedia (other than a university), it must also forth the amount of time the individuals format, applicants must provide for SJI provide documentation of its 501(c)(3) who would staff the proposed project review of the product at the treatment, tax-exempt status as determined by the would devote, the annual salary of each script, rough-cut, and final stages of Internal Revenue Service and a copy of of those persons, and the number of development, or their equivalents. No a current certified audit report. For the work days per year used for calculating grant funds may be obligated for purpose of this requirement, ‘‘current’’ the amount of time or daily rates of publication or reproduction of a final means no earlier than 2 years prior to those individuals. The applicant should grant product without the written the present calendar year. explain any deviations from current approval of SJI. Project products should The applicant should include a rates or established written be submitted to SJI electronically in summary of the training and experience organizational policies. No grant funds HTML or PDF format. of the key staff members and or cash match may be used to pay the Applicants must also include in all consultants that qualify them for salary and related costs for a current or project products a prominent conducting and managing the proposed new employee of a court or other unit acknowledgment that support was project. Resumes of identified staff of government because such funds received from SJI and a disclaimer should be attached to the application. If would constitute a supplantation of paragraph such as, ‘‘This [document, one or more key staff members and State or local funds in violation of 42 film, videotape, etc.] was developed consultants are not known at the time of U.S.C. 10706(d)(1); this includes new under [grant/cooperative agreement] the application, a description of the employees hired specifically for the number SJI–[insert number] from the criteria that would be used to select project. The salary and any related costs State Justice Institute. The points of persons for these positions should be for a current or new employee of a court view expressed are those of the included. The applicant should also or other unit of government may only be [author(s), filmmaker(s), etc.] and do not identify the person who would be accepted as in-kind match. necessarily represent the official responsible for managing and reporting 2. Fringe Benefit Computation. For position or policies of the State Justice on the financial aspects of the proposed non-governmental entities, the applicant Institute.’’ The ‘‘SJI’’ logo must appear project. should provide a description of the on the front cover of a written product fringe benefits provided to employees. If or in the opening frames of a website or 4. Evaluation percentages are used, the authority for other multimedia product, unless SJI Projects should include an evaluation such use should be presented, as well as approves another placement. The SJI plan to determine whether the project a description of the elements included logo can be downloaded from SJI’s met its objectives. The evaluation in the determination of the percentage website: https://www.sji.gov. should be designed to provide an rate.
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3. Consultant/Contractual Services 9. Printing/Photocopying. Anticipated directly or in cooperation with third and Honoraria. The applicant should costs for printing or photocopying parties. describe the tasks each consultant project documents, reports, and b. TA grants. Applicants are required would perform, the estimated total publications should be included in the to contribute a total match of not less amount to be paid to each consultant, budget narrative, along with the bases than 50 percent of the grant amount the basis for compensation rates (e.g., used to calculate these estimates. requested, of which 20 percent must be the number of days multiplied by the 10. Indirect Costs. Indirect costs are cash. For example, an applicant seeking daily consultant rates), and the method only applicable to organizations that are a $50,000 TA grant must provide a for selection. Prior written SJI approval not State courts or government agencies. $25,000 match, of which up to $20,000 is required for any consultant rate in Recoverable indirect costs are limited to can be in-kind and not less than $5,000 excess of $800 per day; SJI funds may no more than 75 percent of a grantee’s must be cash. not be used to pay a consultant more direct personnel costs, i.e., salaries plus c. CAT grants. Applicants are than $1,100 per day. Honorarium fringe benefits. Applicants should required to contribute a match of not payments must be justified in the same describe the indirect cost rates less than 50 percent of the grant amount manner as consultant payments. applicable to the grant in detail. If costs requested, of which 20 percent must be 4. Travel. Transportation costs and often included within an indirect cost cash. For example, an applicant seeking per diem rates must comply with the rate are charged directly (e.g., a a $30,000 CAT grant must provide a policies of the applicant organization. If percentage of the time of senior $15,000 match, of which up to $12,000 the applicant does not have an managers to supervise project activities), can be in-kind and not less than $3,000 established travel policy, then travel the applicant should specify that these must be cash. d. SIG grants. State and local courts rates must be consistent with those costs are not included within its and non-court units of government must established by the Federal Government. approved indirect cost rate. If the provide a dollar for dollar cash match The budget narrative should include an applicant has an indirect cost rate or for SIG Projects. Matching funds may explanation of the rate used, including allocation plan approved by any Federal not be required for SIG projects that are the components of the per diem rate and granting agency, a copy of the approved awarded to non-court or non- the basis for the estimated rate agreement must be attached to the governmental entities. transportation expenses. The purpose of application. 12. Letters of Support. Written the travel should also be included in the 11. Matching Requirements. SJI grants assurances of support or cooperation narrative. require a match, which is the portion of should accompany the application letter 5. Equipment. Grant funds may be project costs not borne by SJI and if the support or cooperation of used to purchase only the equipment includes both cash and/or in-kind agencies, funding bodies, organizations, necessary to demonstrate a new matches as outlined in this paragraph. A or courts other than the applicant would technological application in a court or cash match is the direct outlay of funds be needed in order for the consultant to that is otherwise essential to by the grantee or a third party to support perform the required tasks. Applicants accomplishing the objectives of the the project. Other Federal department may also submit memorandums of project. In other words, grant funds and agency funding may not be used for agreement or understanding, as cannot be used strictly for the purpose cash match. An in-kind match consists appropriate. of purchasing equipment. Equipment of contributions of time and/or services 13. Project Timeline. A project purchases to support basic court of current staff members, new timeline detailing each project objective, operations will not be approved. The employees, space, supplies, etc., made activity, expected completion date, and applicant should describe the to the project by the grantee or others responsible person or organization equipment to be purchased or leased (e.g., advisory board members) working should be included. The plan should and explain why the acquisition of that directly on the project. An in-kind include the starting and completion date equipment is essential to accomplish match can also consist of that portion of for each task; the time commitments to the project’s goals and objectives. The the grantee’s federally approved indirect the project of key staff and their narrative should clearly identify which cost rate that exceeds the limit of responsibilities regarding each project equipment is to be leased and which is permitted charges (75 percent of salaries task; and the procedures that would to be purchased. The method of and benefits). ensure that all tasks are performed on procurement should also be described. The grantee is responsible for time, within budget, and at the highest 6. Supplies. The applicant should ensuring that the total amount of match level of quality. In preparing the project provide a general description of the proposed is contributed. If a proposed timeline, applicants should make supplies necessary to accomplish the contribution is not fully met, SJI may certain that all project activities, goals and objectives of the grant. In reduce the award amount accordingly, including publication or reproduction of addition, the applicant should provide to maintain the ratio originally provided project products and their initial the basis for the amount requested for for in the award agreement. The match dissemination, would occur within the this expenditure category. should be expended at the same rate as proposed project period. The project 7. Construction. Construction SJI funding. timeline must also provide for the expenses are prohibited. a. Project grants. Applicants must submission of Quarterly Progress and 8. Postage. Anticipated postage costs contribute a cash match of not less than Financial Reports within 30 days after for project-related mailings, including 50 percent of the total cost of the the close of each calendar quarter, as distribution of the final product(s), proposed project. This means that grant well as submission of all final closeout should be described in the budget awards by SJI must be matched at least documents. The project timeline may be narrative. The cost of special mailings, dollar for dollar by grant applicants. For included in the program narrative or such as for a survey or for announcing example, if the total proposed project is provided as a separate attachment. a workshop, should be distinguished $200,000, SJI provides $100,000 in 14. Other Attachments. Resumes of from routine mailing costs. The bases funds and the applicant match must be key project staff may also be included. for all postage estimates should be at least $100,000. Applicants may Additional background material should included in the budget narrative. contribute the required cash match be attached only if it is essential to
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impart a clear understanding of the • Commitment of the court or • Must include all required forms and proposed project. Numerous and association to act on the consultant’s documents. lengthy appendices are strongly recommendations. • The SJI Board of Directors reviews discouraged. • Reasonableness of the proposed all applications and makes final funding budget. decisions. The decision to fund a project D. Application Review Information 4. Curriculum Adaptation and is solely that of the SJI Board of 1. Selection Criteria. In addition to the Training (CAT) Grant Applications. Directors. criteria detailed below, SJI will consider CAT grant applications will be rated 7. Notification of SJI Board of whether the applicant is a State or local based on the following criteria: Directors Decision. The Chairman of the court, a national court support or • Goals and objectives of the Board signs grant awards on behalf of education organization, a non-court unit proposed project. SJI. SJI will notify applicants regarding • of government, or other type of entity How the training would address a the SJI Board of Directors’ decisions to critical need of the court or association. eligible to receive grants under SJI’s • award, defer, or deny their respective enabling legislation; the availability of Need for outside funding to support applications. If requested, SJI conveys financial assistance from other sources the program. the key issues and questions that arose • Soundness of the approach in for the project; the diversity of subject during the review process. A decision achieving the project’s educational or matter; geographic diversity; the level by the SJI Board of Directors to deny an training objectives. and nature of the match that would be application may not be appealed, but it • Integration of distance learning and provided; reasonableness of the does not prohibit resubmission of a technology in project design and proposed budget; the extent to which proposal in a subsequent funding cycle. delivery. 8. Response to Notification of Award. the proposed project would also benefit • Qualifications of the trainer(s) to be Grantees have 30 days from the date the Federal courts or help State or local hired or the specific criteria that will be they were notified about their award to courts enforce Federal constitutional used to select the trainer(s) (training respond to any revisions requested by and legislative requirements; and the project only). level of appropriations available to SJI • Likelihood of effective the SJI Board of Directors. If the in the current year and the amount implementation and integration of the requested revisions (or a reasonable expected to be available in succeeding modified curriculum into the State or schedule for submitting such revisions) fiscal years, when determining which local jurisdiction’s ongoing educational have not been submitted to SJI within projects to support. programming (curriculum adaptation 30 days after notification, the award 2. Project Grant Applications. Project project only). may be rescinded, and the application grant applications will be rated based on • Commitment of the court or presented to the SJI Board of Directors the criteria set forth below: association to the training program for reconsideration. Special Conditions, • Soundness of the methodology. (training project only). in the form of incentives or sanctions, • Demonstration of need for the • Expressions of interest by judges may also be used in other situations. project. and/or court personnel, as demonstrated VI. How To Apply • Appropriateness of the proposed by letters of support. evaluation design. 5. Strategic Initiative Grant (SIG) Applicants must use the SJI GMS to • If applicable, the key findings and Applications. SIG applications will be submit all applications and post-award recommendations of the most recent rated based on the following criteria: documents. SJI urges applicants to evaluation and the proposed responses • Goals and objectives of the submit applications at least 72 hours to those findings and recommendations. proposed project. prior to the application due date in • Applicant’s management plan and • Demonstration of need for the order to allow time for the applicant to organizational capabilities. project. receive an application acceptance • • Qualifications of the project’s staff. Degree to which the project message, and to correct in a timely • addresses a current national court issue. fashion any problems that may arise, Products and benefits resulting • from the project, including the extent to Level of innovation in addressing such as missing or incomplete forms. which the project will have long-term the identified need. Files must be in .doc, .docx, .xls, .xlsx, • Potential impact on the court benefits for State courts across the .pdf, .jpg, or .png format. Individual file community. size cannot exceed 5 MB. nation. • • Qualifications of the consultant(s) Degree to which the findings, engaged to manage the project. A. Submission Steps procedures, training, technology, or 6. Review Process. SJI reviews the Applicants (except for ESP) must other results of the project can be application to make sure that the register with the SJI GMS to submit transferred to other jurisdictions. information presented is reasonable, • applications for funding consideration. Reasonableness of the proposed understandable, measurable, and Below are the basic steps for budget. achievable, as well as consistent with • submission: Demonstration of cooperation and this guideline. Applications must meet (1) Access the SJI GMS and complete support of other agencies that may be basic minimum requirements. Although the information required to create an affected by the project. specific requirements may vary by grant account. 3. Technical Assistance (TA) Grant type, the following are common (2) If you already have an account, log Applications. TA grant applications will requirements applicable to all SJI grant in and create a new application. be rated based on the following criteria: applications: (3) Complete all required forms and • Whether the assistance would • Must be submitted by an eligible upload all required documents: address a critical need of the applicant. type of applicant. • Application Form. • Soundness of the technical • Must request funding within • Certificate of State Approval. assistance approach to the problem. funding constraints of each grant type (if • Budget and Budget Narrative. • Qualifications of the consultant(s) applicable). • Assurances. to be hired or the specific criteria that • Must be within statutorily • Disclosure of Lobbying Activities. will be used to select the consultant(s). allowable expenditures. • Project Abstract.
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• Program Narrative. ensuring that an adequate system exists position are not adequately described in • Attachments. for each of its sub-grantees and the application or if there is a change of D Letters of Support. contractors. An acceptable and adequate a person assigned to such a position, the D Project Timeline. accounting system: recipient must submit a description of D Resumes. • Properly accounts for receipt of the qualifications of the newly assigned D Indirect Cost Approval. funds under each grant awarded and the person to SJI. Prior written approval of D Other Attachments. expenditure of funds for each grant by the qualifications of the new person (4) Certify and submit the application category of expenditure (including assigned to a key staff position must be to SJI for review. matching contributions and project received from SJI before the salary or VII. Post Award Reporting income). consulting fee of that person and • Assures that expended funds are Requirements associated costs may be paid or applied to the appropriate budget reimbursed from grant funds. All required reports and documents category included within the approved must be submitted via the SJI GMS. grant. C. Audit • A. Quarterly Reporting Requirements Presents and classifies historical Recipients of SJI grants must provide costs of the grant as required for for an annual fiscal audit which Recipients of SJI funds must submit budgetary and evaluation purposes. includes an opinion on whether the Quarterly Progress and Financial Status • Provides cost and property controls financial statements of the grantee Reports within 30 days of the close of to assure optimal use of grant funds. present fairly its financial position and each calendar quarter (that is, no later • Is integrated with a system of its financial operations are in than January 30, April 30, July 30, and internal controls adequate to safeguard accordance with generally accepted October 30). the funds and assets covered, check the accounting principles. If requested, a 1. Program Progress Reports. Program accuracy and reliability of the copy of the audit report must be made Progress Reports must include a accounting data, promote operational available electronically to SJI. narrative description of project activities efficiency, and assure conformance with during the calendar quarter; the any general or special conditions of the D. Budget Revisions relationship between those activities, grant. the task schedule, and objectives set • Meets the prescribed requirements Budget revisions among direct cost forth in the approved application or an for periodic financial reporting of categories that (1) transfer grant funds to approved adjustment thereto; any operations. an unbudgeted cost category, or (2) significant problem areas that have • Provides financial data for individually or cumulatively exceed 5 developed and how they will be planning, control, measurement, and percent of the approved original budget resolved; and the activities scheduled evaluation of direct and indirect costs. or the most recently approved revised budget require prior SJI approval. Refer during the next reporting period. Failure C. Final Progress Report to comply with the requirements of this to section X, Grant Adjustments of this provision could result in the The Final Progress Report should guideline for additional details about termination of a grantee’s award. describe the project activities during the the process to modify the project 2. Financial Reporting. A Financial final calendar quarter of the project and budget. Status Report is required from all the close-out period, including to whom E. Conflict of Interest grantees for each active quarter on a project products have been calendar-quarter basis. This report is disseminated; provide a summary of Personnel and other officials due within 30 days after the close of the activities during the entire project; connected with SJI-funded programs calendar quarter. It is designed to specify whether all the objectives set must adhere to the following provide financial information relating to forth in the approved application or an requirements: • SJI funds, State and local matching approved adjustment have been met An official or employee of a shares, project income, and any other and, if any of the objectives have not recipient court or organization must not sources of funds for the project, as well been met, explain why not; and discuss participate personally through decision, as information on obligations and what, if anything, could have been done approval, disapproval, recommendation, outlays. differently that might have enhanced the rendering of advice, investigation, or the impact of the project or improved its otherwise in any proceeding, B. Request for Reimbursement of Funds operation. In addition, grantees are application, request for a ruling or other Awardees will receive funds on a required to submit electronic copies of determination, contract, grant, reimbursable, U.S. Treasury ‘‘check- the final products related to the project cooperative agreement, claim, issued’’ or electronic funds transfer (e.g., reports, curriculum, etc.). These controversy, or other particular matter (EFT) basis. Upon receipt, review, and reporting requirements apply at the in which SJI funds are used, where, to approval of a Request for conclusion of every grant. his or her knowledge, he or she or his or her immediate family, partners, Reimbursement by SJI, payment will be VIII. Compliance Requirements issued directly to the grantee or its organization other than a public agency designated fiscal agent. Requests for A. Advocacy in which he or she is serving as officer, reimbursements, along with the No funds made available by SJI may director, trustee, partner, or employee or instructions for its preparation, and the be used to support or conduct training any person or organization with whom SF 3881 Automated Clearing House programs for the purpose of advocating he or she is negotiating or has any (ACH/Miscellaneous Payment particular non-judicial public policies arrangement concerning prospective Enrollment Form for EFT) are available or encouraging non-judicial political employment, has a financial interest. in the SJI GMS. activities (42 U.S.C. 10706(b)). • In the use of SJI project funds, an 1. Accounting System. Awardees are official or employee of a recipient court responsible for establishing and B. Approval of Key Staff or organization must avoid any action maintaining an adequate system of If the qualifications of an employee or which might result in or create the accounting and internal controls and for consultant assigned to a key project staff appearance of:
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D Using an official position for private project. Generally, these same items are associated with a political party or gain; or considered cash match for non- association, or the campaign of any D Affecting adversely the confidence governmental entities. For non- candidate for public or party office (42 of the public in the integrity of the SJI governmental entities, federally U.S.C. 10706(a)). program. approved indirect cost rate may be used K. Products • Requests for proposals or as an in-kind match for that portion of invitations for bids issued by a recipient the rate that exceeds the limit of 1. Acknowledgment, Logo, and of SJI funds or a sub-grantee or permitted charges for indirect costs (75 Disclaimer. Recipients of SJI funds must subcontractor will provide notice to percent of salaries and benefits). acknowledge prominently on all prospective bidders that the contractors Under normal circumstances, products developed with grant funds who develop or draft specifications, allowable match may be incurred only that support was received from the SJI. requirements, statements of work, and/ during the project period. The amount The ‘‘SJI’’ logo must appear on the front or requests for proposals for a proposed and nature of required match depends cover of a written product, or in the procurement will be excluded from on the type of grant. Refer to section opening frames of a multimedia bidding on or submitting a proposal to V.C.11, Matching Requirements of this product, unless another placement is compete for the award of such guideline for details by grant type. approved in writing by SJI. This procurement. The grantee is responsible for includes final products printed or ensuring that the total amount of match otherwise reproduced during the grant F. Inventions and Patents proposed is contributed. If a proposed period, as well as re-printings or If any patentable items, patent rights, contribution is not fully met, SJI may reproductions of those materials processes, or inventions are produced reduce the award amount accordingly, following the end of the grant period. A during the course of SJI-sponsored to maintain the ratio originally provided camera-ready logo sheet is available on work, such fact must be promptly and for in the award agreement. Match SJI’s website: https://www.sji.gov/forms/. fully reported to SJI. Unless there is a should be expended at the same rate as Recipients also must display the prior agreement between the grantee SJI funding. following disclaimer on all grant and SJI on the disposition of such items, The SJI Board of Directors looks products: ‘‘This [document, film, SJI will determine whether protection of favorably upon any unrequired match videotape, etc.] was developed under the invention or discovery must be contributed by applicants when making [grant/cooperative agreement] number sought. grant decisions. The match requirement SJI-[insert number] from the State may be waived in exceptionally rare Justice Institute. The points of view G. Lobbying circumstances upon the request of the expressed are those of the [author(s), Funds awarded to recipients by SJI chief justice of the highest court in the filmmaker(s), etc.] and do not must not be used, indirectly or directly, State, or the highest ranking official in necessarily represent the official to influence Executive orders or similar the requesting organization, and position or policies of the State Justice promulgations by Federal, State, or local approval by the SJI Board of Directors Institute.’’ agencies; or to influence the passage or (42 U.S.C. 10705(d)). The SJI Board of a. Project grants. In addition to other defeat of any legislation by Federal, Directors encourages all applicants to required grant products and reports, State, or local legislative bodies (42 provide the maximum amount of cash recipients must provide a one-page U.S.C. 10706(a)). and in-kind match possible, even if a executive summary of the project. The It is the policy of the SJI Board of waiver is approved. The amount and summary should include a background Directors to award funds only to support nature of match are criteria in the grant on the project, the tasks undertaken, and applications submitted by organizations selection process. the outcome. In addition, the summary that would carry out the objectives of Other Federal department and agency should provide the performance metrics their applications in an unbiased funding may not be used for cash match. that were used during the project, and manner. Consistent with this policy and how performance will be measured in the provisions of 42 U.S.C. 10706, SJI I. Nondiscrimination the future. will not knowingly award a grant to an No person may, on the basis of race, b. TA grants. Grantees must submit a applicant that has, directly or through sex, national origin, disability, color, or final report that explains how it intends an entity that is part of the same creed be excluded from participation in, to act on the consultant’s organization as the applicant, advocated denied the benefits of, or otherwise recommendations, as well as a copy of a position before Congress on the subjected to discrimination under any the consultant’s written report. Both specific subject matter of the program or activity supported by SJI should be submitted in electronic application. funds. Recipients of SJI funds must take format. any measures necessary immediately to c. CAT grants. Grantees must submit H. Matching Requirements effectuate this provision. an electronic version of the agenda or All grant recipients are required to schedule, outline of presentations and/ provide a match. A match is the portion J. Political Activities or relevant instructor’s notes; copies of of project costs not borne by SJI. A No recipient may contribute or make overhead transparencies, Microsoft match includes both cash and in-kind available SJI funds, program personnel, PowerPoint presentations, or other contributions. Cash match is the direct or equipment to any political party or visual aids; exercises, case studies, and outlay of funds by the grantee or a third association, or the campaign of any other background materials; party to support the project. In-kind candidate for public or party office. hypotheticals, quizzes, and other match for State and local courts or other Recipients are also prohibited from materials involving the participants; units of government consists of using funds in advocating or opposing manuals, handbooks, conference contributions of time and/or services of any ballot measure, initiative, or packets, and evaluation forms; and current staff members, new employees, referendum. Officers and employees of suggestions for replicating the program, space, supplies, etc., made to the project recipients must not intentionally including possible faculty or the by the grantee or others (e.g., advisory identify SJI or recipients with any preferred qualifications or experience of board members) working directly on the partisan or nonpartisan political activity those selected as faculty, developed
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under the grant at the conclusion of the SJI-supported project, SJI must reserve a 2. Quarterly Financial Reporting. The grant period, along with a final report royalty-free, nonexclusive, and quarterly financial report must be that includes any evaluation results and irrevocable right to reproduce, publish, submitted in accordance with section explains how the grantee intends to or otherwise use, and to authorize VII.A.2, Financial Reporting of this present the educational program in the others to use, the materials for purposes guideline. A final project Progress future, as well as the consultant’s or consistent with the State Justice Report and Financial Status Report must trainer’s report. All items should be Institute Act. be submitted within 90 days after the submitted in electronic format. end of the grant period. 2. Charges for Grant-Related M. Due Date R. Research Products/Recovery of Costs. SJI’s All products and, for TA and CAT mission is to support improvements in grants, consultant and/or trainer reports 1. Availability of Research Data for the quality of justice and foster are to be completed and distributed not Secondary Analysis. Upon request, innovative, efficient solutions to later than the end of the award period, grantees must make available for common issues faced by all courts. SJI not the 90-day closeout period. The 90- secondary analysis backup files has recognized and established day closeout period is intended only for containing research and evaluation data procedures for supporting research and grantee final reporting and to liquidate collected under a SJI grant and the development of grant products (e.g., a obligations. accompanying code manual. Grantees report, curriculum, video, software, may recover the actual cost of database, or website) through N. Distribution duplicating and mailing, or otherwise competitive grant awards based on merit In addition to the distribution transmitting, the data set and manual review of proposed projects. To ensure specified in the grant application, from the person or organization that all grants benefit the entire court grantees must send an electronic version requesting the data. Grantees may community, projects SJI considers of all products in HTML or PDF format provide the requested data set in the worthy of support (in whole or in part) to SJI. format in which it was created and are required to be disseminated widely analyzed. and available for public consumption. O. Original Material 2. Confidentiality of Information. This includes open-source software and Except as provided by Federal law other All products prepared as the result of than the State Justice Institute Act, no interfaces. Costs for development, SJI-supported projects must be production, and dissemination are recipient of financial assistance from SJI originally developed material unless may use or reveal any research or allowable as direct costs to SJI. otherwise specified in the award Applicants should disclose their statistical information furnished under documents. Material not originally intent to sell grant-related products in the Act by any person and identifiable developed that is included in such the application. Grantees must obtain to any specific private person for any products must be properly identified, SJI’s prior written approval of their purpose other than the purpose for whether the material is in a verbatim or plans to recover project costs through which the information was obtained. extensive paraphrase format. the sale of grant products. Written Such information and copies thereof requests to recover costs ordinarily P. Prohibition Against Litigation will be immune from legal process, and should be received during the grant Support must not, without the consent of the period and should specify the nature person furnishing such information, be and extent of the costs to be recouped, No funds made available by SJI may admitted as evidence or used for any the reason that such costs were not be used directly or indirectly to support purpose in any action, suit, or other budgeted (if the rationale was not legal assistance to parties in litigation, judicial, legislative, or administrative disclosed in the approved application), including cases involving capital proceedings. the number of copies to be sold, the punishment. 3. Human Subject Protection. Human intended audience for the products to be Q. Reporting Requirements subjects are defined as individuals who sold, and the proposed sale price. If the are participants in an experimental product is to be sold for more than $25, All reports must be submitted via the procedure or who are asked to provide the written request should also include SJI GMS as detailed below: information about themselves, their a detailed itemization of costs that will 1. Quarterly Progress and Financial attitudes, feelings, opinions, and/or be recovered and a certification that the Status Reports. Recipients of SJI funds experiences through an interview, costs were not supported by either SJI must submit Quarterly Progress and questionnaire, or other data collection grant funds or grantee matching Financial Status Reports within 30 days technique. All research involving contributions. of the close of each calendar quarter human subjects must be conducted with In the event that the sale of grant (that is, no later than January 30, April the informed consent of those subjects products results in revenues that exceed 30, July 30, and October 30). The and in a manner that will ensure their the costs to develop, produce, and Quarterly Progress Reports must include privacy and freedom from risk or harm disseminate the product, the revenue a narrative description of project and the protection of persons who are must continue to be used for the activities during the calendar quarter; not subjects of the research but would authorized purposes of SJI-funded the relationship between those be affected by it, unless such procedures project or other purposes consistent activities, the task schedule, and and safeguards would make the research with the State Justice Institute Act that objectives set forth in the approved impractical. In such instances, SJI must have been approved by SJI. application or an approved adjustment approve procedures designed by the thereto; any significant problem areas grantee to provide human subjects with L. Copyrights that have developed and how they will relevant information about the research Except as otherwise provided in the be resolved; and the activities scheduled after their involvement and to minimize terms and conditions of a SJI award, a during the next reporting period. Failure or eliminate risk or harm to those recipient is free to copyright any books, to comply with the requirements of this subjects due to their participation. publications, or other copyrightable provision could result in the 4. Supplantation and Construction. materials developed in the course of a termination of a grantee’s award. To ensure that SJI funds are used to
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supplement and improve the operation receipts and expenditures, maintaining • Presents and classifies historical of State courts, rather than to support adequate financial records, and costs of the grant as required for basic court services, SJI funds must not refunding expenditures disallowed by budgetary and evaluation purposes. be used for the following purposes: audits. If the project includes • Provides cost and property controls • To supplant State or local funds subawards, the grantees responsibilities to assure optimal use of grant funds. supporting a program or activity (such also include: • Is integrated with a system of as paying the salary of court employees 1. Reviewing Financial Operations. internal controls adequate to safeguard who would be performing their normal The grantee or its designee should be the funds and assets covered, check the duties as part of the project, or paying familiar with, and periodically monitor, accuracy and reliability of the rent for space which is part of the its sub-grantee’s financial operations, accounting data, promote operational court’s normal operations). records system, and procedures. efficiency, and assure conformance with • To construct court facilities or Particular attention should be directed any general or special conditions of the structures. to the maintenance of current financial grant. • Solely to purchase equipment. data. • Meets the prescribed requirements 5. Suspension or Termination of 2. Recording Financial Activities. The for periodic financial reporting of Funding. After providing a recipient sub-grantee’s grant award or contract operations. reasonable notice and opportunity to obligation, as well as cash advances and • Provides financial data for submit written documentation other financial activities, should be planning, control, measurement, and demonstrating why fund termination or recorded in the financial records of the evaluation of direct and indirect costs. suspension should not occur, SJI may grantee or its designee in summary C. Total Cost Budgeting and Accounting terminate or suspend funding of a form. Sub-grantee expenditures should project that fails to comply substantially be recorded on the books of the State Accounting for all funds awarded by with the Act, the Grant Guideline, or the supreme court or evidenced by report SJI must be structured and executed on terms and conditions of the award (42 forms duly filed by the sub-grantee. a ‘‘Total Project Cost’’ basis. That is, U.S.C. 10708(a)). Matching contributions provided by total project costs, including SJI funds, 6. Title to Property. At the conclusion sub-grantees should likewise be State and local matching shares, and of the project, title to all expendable and recorded, as should any project income any other fund sources included in the nonexpendable personal property resulting from program operations. approved project budget serve as the purchased with SJI funds must vest in 3. Budgeting and Budget Review. The foundation for fiscal administration and the recipient court, organization, or grantee or its designee should ensure accounting. Grant applications and individual that purchased the property that each sub-grantee prepares an financial reports require budget and cost if certification is made to and approved adequate budget as the basis for its estimates based on total costs. by SJI that the property will continue to award commitment. The State supreme 1. Timing of Matching Contributions. be used for the authorized purposes of court should maintain the details of Matching contributions should be the SJI-funded project or other purposes each project budget on file. applied at the same time as the consistent with the State Justice 4. Accounting for Match. The grantee obligation of SJI funds. Ordinarily, the Institute Act. If such certification is not or its designee will ensure that sub- full matching share must be obligated made or SJI disapproves such grantees comply with the match during the award period; however, with certification, title to all such property requirements specified in this guideline. the written permission of SJI, with an aggregate or individual value of 5. Audit Requirement. The grantee or contributions made following approval $1,000 or more must vest in SJI, which its designee is required to ensure that of the grant by the SJI Board of Directors will direct the disposition of the sub-grantees meet the necessary audit but before the beginning of the grant property. requirements set forth by SJI. may be counted as match. If a proposed 6. Reporting Irregularities. The cash or in-kind match is not fully met, IX. Financial Requirements grantee, its designees, and its sub- SJI may reduce the award amount The purpose of this section is to grantees are responsible for promptly accordingly to maintain the ratio of establish accounting system reporting to SJI the nature and grant funds to matching funds stated in requirements and offer guidance on circumstances surrounding any the award agreement. procedures to assist all grantees, sub- financial irregularities discovered. 2. Records for Match. All grantees grantees, contractors, and other must maintain records that clearly show B. Accounting System organizations in: the source, amount, and timing of all • Complying with the statutory The grantee is responsible for matching contributions. In addition, if a requirements for the award, establishing and maintaining an project has included, within its disbursement, and accounting of funds. adequate system of accounting and approved budget, contributions that • Complying with regulatory internal controls, and for ensuring that exceed the required matching portion, requirements of SJI for the financial an adequate system exists for each of its the grantee must maintain records of management and disposition of funds. sub-grantees and contractors. An those contributions in the same manner • Generating financial data to be used acceptable and adequate accounting as it does SJI funds and required in planning, managing, and controlling system: matching shares. For all grants made to projects. • Properly accounts for receipt of State and local courts, the State supreme • Facilitating an effective audit of funds under each grant awarded and the court has primary responsibility for funded programs and projects. expenditure of funds for each grant by grantee/sub-grantee compliance with category of expenditure (including the requirements of this section. A. Supervision and Monitoring matching contributions and project 3. Maintenance and Retention of Responsibilities income). Records. All financial records, including All grantees receiving awards from SJI • Assures that expended funds are supporting documents, statistical are responsible for the management and applied to the appropriate budget records, and all other information fiscal control of all funds. category included within the approved pertinent to grants, sub-grants, Responsibilities include accounting for grant. cooperative agreements, or contracts
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under grants, must be retained by each must refund any interest earned. sub-grantees submit timely reports for organization participating in a project Grantees must ensure minimum review. for at least 3 years for purposes of balances in their respective grant cash b. Due dates and contents. A examination and audit. State supreme accounts. Financial Status Report is required from courts may impose record retention and b. Royalties. The grantee or sub- all grantees for each active quarter on a maintenance requirements in addition grantee may retain all royalties received calendar-quarter basis. This report is to those prescribed in this section. from copyrights or other works due within 30 days after the close of the 4. Coverage. The retention developed under projects or from calendar quarter. It is designed to requirement extends to books of original patents and inventions unless the terms provide financial information relating to entry, source documents supporting and conditions of the grant provide SJI funds, State and local matching accounting transactions, the general otherwise. shares, project income, and any other ledger, subsidiary ledgers, personnel c. Registration and tuition fees. sources of funds for the project, as well and payroll records, canceled checks, Registration and tuition fees may be as information on obligations and and related documents and records. considered as cash match with prior outlays. The Financial Status Report Source documents include copies of all written approval from SJI. Estimates of (Form F), along with instructions, are grant and sub-grant awards, registration and tuition fees, and any accessible in the SJI GMS. If a grantee applications, and required grantee/sub- expenses to be offset by the fees, should requests substantial payment for a grantee financial and narrative reports. be included in the application budget project prior to the completion of a Personnel and payroll records must forms and narrative. given quarter, SJI may request a brief include the time and attendance reports d. Income from the sale of grant summary of the amount requested, by for all individuals reimbursed under a products. If the sale of products occurs object class, to support the Request for grant, sub-grant, or contract, whether during the project period, the income Reimbursement. they are employed full-time or part- may be treated as cash match with the c. Consequences of non-compliance time. Time and effort reports are prior written approval of SJI. The costs with submission requirement. Failure of required for consultants. and income generated by the sales must the grantee to submit required financial 5. Retention Period. The 3-year be reported on the Quarterly Progress and progress reports may result in retention period starts from the date of Financial Status Reports and suspension or termination of grant the submission of the final expenditure documented in an auditable manner. reimbursement. report. 6. Maintenance. Grantees and sub- Whenever possible, the intent to sell a E. Allowability of Costs product should be disclosed in the grantees are expected to see that records 1. Costs Requiring Prior Approval. of different fiscal years are separately application or reported to SJI in writing a. Pre-agreement costs. The written identified and maintained so that once a decision to sell products has prior approval of SJI is required for costs requested information can be readily been made. The grantee must request considered necessary but which occur located. Grantees and sub-grantees are approval to recover its product prior to the start date of the project also obligated to protect records development, reproduction, and period. adequately against fire or other damage. dissemination costs (see section b. Equipment. Grant funds may be When records are stored away from the VIII.K.2, Charges for Grant-Related used to purchase or lease only that grantee’s/sub-grantee’s principal office, Products/Recovery of Costs of this equipment essential to accomplishing a written index of the location of stored guideline). the goals and objectives of the project. records should be on hand, and ready e. Other. Other project income will be The written prior approval of SJI is access should be assured. treated in accordance with disposition required when (1) the amount of 7. Access. Grantees and sub-grantees instructions set forth in the grant’s terms automated data processing equipment to must give any authorized representative and conditions. be purchased or leased exceeds $10,000 of SJI access to and the right to examine D. Payments and Financial Reporting or (2) the software to be purchased all records, books, papers, and Requirements exceeds $3,000. documents related to a SJI grant. c. Consultants. The written prior 8. Project-Related Income. Records of The procedures and regulations set approval of SJI is required when the rate the receipt and disposition of project- forth below are applicable to all SJI of compensation to be paid a consultant related income must be maintained by grant funds and grantees. exceeds $800 a day. SJI funds may not the grantee in the same manner as 1. Request for Reimbursement of be used to pay a consultant more than required for the project funds that gave Funds. Grantees will receive funds on a $1,100 per day. rise to the income and must be reported reimbursable, U.S. Department of d. Budget revisions. Budget revisions to SJI (see section VII.A.2, Financial Treasury ‘‘check-issued’’ or EFT basis. among direct cost categories that (1) Reporting of this guideline). The Upon receipt, review, and approval of a transfer grant funds to an unbudgeted policies governing the disposition of the Request for Reimbursement (Form R) by cost category or (2) individually or various types of project-related income SJI, payment will be issued directly to cumulatively exceed 5 percent of the are listed below. the grantee or its designated fiscal agent. approved original budget or the most a. Interest. A State and any agency or The Form R, along with the instructions recently approved revised budget instrumentality of a State, including for its preparation, and the SF 3881 require prior SJI approval. institutions of higher education and Automated Clearing House (ACH/ 2. Travel Costs. Transportation and hospitals, will not be held accountable Miscellaneous Payment Enrollment per diem rates must comply with the for interest earned on advances of Form for EFT), are available for policies of the grantee. If the grantee project funds. When funds are awarded download and submission in the SJI does not have an established written to sub-grantees through a State, the sub- GMS. travel policy, then travel rates must be grantees are not held accountable for 2. Financial Reporting. consistent with those established by the interest earned on advances of project a. General requirements. To obtain U.S. General Services Administration. funds. Local units of government and financial information concerning the Grant funds may not be used to cover nonprofit organizations that are grantees use of funds, SJI requires that grantees/ the transportation or per diem costs of
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a member of a national organization to • Maintaining a record of the actions X. Grant Adjustments attend an annual or other regular taken on recommendations and time All requests for programmatic or meeting, or conference of that schedules. budgetary adjustments requiring SJI organization. • Responding to and acting on audit approval must be submitted by the 3. Indirect Costs. Indirect costs are recommendations. project director in a timely manner only applicable to organizations that are • Submitting periodic reports to SJI (ordinarily 30 days prior to the not State courts or government agencies. on recommendations and actions taken. implementation of the adjustment being These are costs of an organization that requested). All requests for changes are not readily assignable to a particular 3. Consequences of Non-Resolution of from the approved application will be project but are necessary to the Audit Issues. Ordinarily, SJI will not carefully reviewed for both consistency operation of the organization and the make a subsequent grant award to an with this guideline and the performance of the project. The cost of applicant that has an unresolved audit enhancement of grant goals and operating and maintaining facilities, report involving SJI awards. Failure of objectives. Failure to submit depreciation, and administrative the grantee to resolve audit questions adjustments in a timely manner may salaries are examples of the types of may also result in the suspension or result in the termination of a grantee’s costs that are usually treated as indirect termination of payments for active SJI award. costs. Although SJI’s policy requires all grants to that organization. A. Grant Adjustments Requiring Prior costs to be budgeted directly, it will G. Closeout of Grants accept indirect costs if a grantee has an Written Approval indirect cost rate approved by a Federal 1. Grantee Closeout Requirements. The following Grant Adjustments agency. However, recoverable indirect Within 90 days after the end date of the require the prior written approval of SJI: costs are limited to no more than 75 grant or any approved extension thereof, • Budget revisions among direct cost percent of a grantee’s direct personnel the following documents must be categories that (1) transfer grant funds to costs (salaries plus fringe benefits). submitted to SJI by grantees: an unbudgeted cost category or (2) a. Approved plan available. a. Financial status report. The final individually or cumulatively exceed 5 • A copy of an indirect cost rate report of expenditures must have no percent of the approved original budget agreement or allocation plan approved unliquidated obligations and must or the most recently approved revised for a grantee during the preceding 2 indicate the exact balance of budget. • years by any Federal granting agency on unobligated funds. Any unobligated or A change in the scope of work to be the basis of allocation methods unexpended funds will be de-obligated performed or the objectives of the substantially in accord with those set from the award by SJI. Final payment project. • forth in the applicable cost circulars requests for obligations incurred during A change in the project site. • must be submitted to SJI. the award period must be submitted to A change in the project period, such as an extension of the grant period or • Where flat rates are accepted in lieu SJI prior to the end of the 90-day extension of the final financial or of actual indirect costs, grantees may closeout period. progress report deadline. not also charge expenses normally b. Final progress report. This report • Satisfaction of special conditions, if included in overhead pools (e.g., should describe the project activities required. accounting services, legal services, during the final calendar quarter of the • A change in or temporary absence building occupancy and maintenance, project and the closeout period, of the project director. etc.) as direct costs. including to whom project products • The assignment of an employee or F. Audit Requirements have been disseminated; provide a consultant to a key staff position whose summary of activities during the entire qualifications were not described in the 1. Implementation. Grantees must project; specify whether all the application, or a change of a person provide for an annual fiscal audit. This objectives set forth in the approved assigned to a key project staff position. requirement also applies to a State or application or an approved adjustment • A change in or temporary absence local court receiving a sub-grant from have been met and, if any of the of the person responsible for managing the State supreme court. Audits objectives have not been met, explain and reporting on the grant’s finances. conducted using generally accepted why not; and discuss what, if anything, • A change in the name of the grantee auditing standards in the United States could have been done differently that organization. will satisfy the requirement for an might have enhanced the impact of the • A transfer or contracting out of annual fiscal audit. The audit must be project or improved its operation. These grant-supported activities. conducted by an independent Certified reporting requirements apply at the • A transfer of the grant to another Public Accountant, or a State or local conclusion of every grant. recipient. agency authorized to audit government 2. Extension of Closeout Period. Upon • Pre-agreement costs. agencies. The audit report must be made the written request of the grantee, SJI • The purchase of ADA equipment available to SJI electronically, if may extend the closeout period to and software. requested. assure completion of the grantee’s • Consultant rates. 2. Resolution and Clearance of Audit closeout requirements. Requests for an • A change in the nature or number Reports. Timely action on extension must be submitted at least 14 of the products to be prepared or the recommendations by responsible days before the end of the closeout way a product would be distributed. management officials is an integral part period and must explain why the of the effectiveness of an audit. Each extension is necessary, and what steps B. Requests for Grant Adjustments grantee must have policies and will be taken to assure that all the All grantees must promptly notify SJI, procedures for acting on audit grantee’s responsibilities will be met by in writing, of events or proposed recommendations by designating the end of the extension period. changes that may require adjustments to officials responsible for: Extensions must be submitted via the the approved project design. In • Follow-up. SJI GMS as Grant Adjustments. requesting an adjustment, the grantee
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must set forth the reasons and basis for statement of the candidate’s DEPARTMENT OF TRANSPORTATION the proposed adjustment and any other qualifications should be sent to SJI for information the program manager review and approval. The grant may be Maritime Administration determines would help SJI’s review. All terminated if the qualifications of the [Docket Number MARAD–2018–0088] requests for Grant Adjustments must be proposed individual are not approved in submitted via the SJI GMS. advance by SJI. Center of Excellence for Domestic C. Notification of Approval/Disapproval Maritime Workforce; Notice of H. Transferring or Contracting Out of Opportunity To Apply for Training and If the request is approved, the grantee Grant-Supported Activities Education Designation will be sent a Grant Adjustment signed by the SJI Executive Director. If the No principal activity of a grant- AGENCY: Maritime Administration, request is denied, the grantee will be supported project may be transferred or Department of Transportation. sent a written explanation of the reasons contracted out to another organization ACTION: Notice. for the denial. without specific prior approval by SJI. All such arrangements must be SUMMARY: This notice invites eligible D. Changes in the Scope of the Grant formalized in a contract or other written and qualified training entities to apply Major changes in scope, duration, agreement between the parties involved. to the Maritime Administration training methodology, or other Copies of the proposed contract or (MARAD) for designation as a Center of significant areas must be approved in agreement must be submitted for prior Excellence for Domestic Maritime advance by SJI. A grantee may make approval to SJI at the earliest possible Workforce Training and Education minor changes in methodology, time. The contract or agreement must (CoE). The National Defense approach, or other aspects of the grant state, at a minimum, the activities to be Authorization Act of 2018 (the Act) to expedite achievement of the grant’s performed, the time schedule, the provided the Secretary of objectives with subsequent notification policies and procedures to be followed, Transportation with the discretionary authority to designate eligible and to SJI. the dollar limitation of the agreement, qualified entities as CoEs. CoE and the cost principles to be followed in E. Date Changes designations will serve to assist the A request to change or extend the determining what costs, both direct and maritime industry in obtaining and grant period must be made at least 30 indirect, will be allowed. The contract maintaining the highest quality days in advance of the end date of the or other written agreement must not workforce. On March 6, 2020, the grant. A revised task plan should affect the grantee’s overall responsibility agency published a final notice in the accompany a request for an extension of for the direction of the project and Federal Register announcing its the grant period, along with a revised accountability to SJI. voluntary program to identify and budget if shifts among budget categories State Justice Institute Board of recommend qualified training providers will be needed. A request to change or Directors for CoE designation and the agency extend the deadline for the final intent to obtain a current Office of financial report or final progress report Hon. John Minton (Chair), Chief Justice, Management and Budget (OMB) control must be made at least 14 days in Supreme Court of Kentucky, Frankfort, KY number for the information collection advance of the report deadline. Daniel Becker (Vice Chair), State Court requirements resulting from this action. Administrator (ret.), Utah Administrative OMB has since approved an information F. Temporary Absence of the Project Office of the Courts, Salt Lake City, UT Director collection control number for collecting Hon. Gayle A. Nachtigal (Secretary), Senior CoE applications. The purpose of this Whenever an absence of the project Circuit Court Judge, Washington County notice is to solicit applications from director is expected to exceed a Circuit Court, Hillsboro, OR eligible and qualified training entities continuous period of 1 month, the plans Hon. David Brewer (Treasurer), Justice, for CoE designation. for the conduct of the project director’s Supreme Court of Oregon, Salem, OR DATES: Applications, including all duties during such absence must be Hon. Jonathan Lippman, Chief Judge of the supporting information and documents, approved in advance by SJI. This State of New York (ret.); Of Counsel, must be submitted by 8:00 p.m. E.D.T. information must be provided in a letter Latham & Watkins, LLP, New York, NY on December 22, 2020. signed by an authorized representative Hon. Chase Rogers, Chief Justice (ret.), of the grantee or sub-grantee at least 30 Supreme Court of Connecticut; Partner, ADDRESSES: Applications, including all days before the departure of the project Day Pitney, LLP, Hartford, CT supporting information and documents, director, or as soon as it is known that Hon. Wilfredo Martinez, Senior Judge, 9th must be submitted via electronic mail to the project director will be absent. The Judicial Circuit of Florida, Orlando, FL [email protected]. The original grant may be terminated if arrangements Marsha J. Rabiteau, President & CEO, Center application letter, including one copy of are not approved in advance by SJI. for Human Trafficking Court Solutions, all supporting information and Bloomfield, CT documents, may also be submitted by G. Withdrawal of or Change in Project Hernan D. Vera, Principal, Bird Marella P.C., mail addressed to U.S. Department of Director Los Angeles, CA Transportation, Maritime If the project director relinquishes or Isabel Framer, President, Language Access Administration, Deputy Associate expects to relinquish active direction of Consultants LLC, Copley, OH Administrator for Maritime Education the project, SJI must be notified Jonathan D. Mattiello, Executive Director (ex and Training, Attention: CoE immediately. In such cases, if the officio) Designation Program,1200 New Jersey Avenue SE, Washington, DC 20590. grantee or sub-grantee wishes to Jonathan D. Mattiello, terminate the project, SJI will forward FOR FURTHER INFORMATION CONTACT: Executive Director. procedural instructions upon Nuns Jain, Maritime Administration, at notification of such intent. If the grantee [FR Doc. 2020–23555 Filed 10–22–20; 8:45 am] [email protected] or at 757–322–5801. wishes to continue the project under the BILLING CODE 6820–SC–P You may send mail to Nuns Jain at direction of another individual, a Maritime Administration, Building 19,
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Suite 300, 7737 Hampton Boulevard, visiting the DOT Docket, Room PL–401, comment period. The list is intended to Norfolk, VA 23505. 1200 New Jersey Avenue SE, assist applicants by providing context SUPPLEMENTARY INFORMATION: Following Washington, DC, between 9 a.m. and 5 and insight into the approval process. If the enactment of the National Defense p.m., Monday through Friday, except for you believe that your institution Authorization Act of 2018, Public Law Federal Holidays. qualifies for CoE designee status under 115–91 (the ‘‘Act’’), codified at 46 Applicant Assistance an alternate interpretation or by U.S.C. 54102, MARAD developed a qualifications not otherwise clearly procedure to recommend to the To assist applicants to be designated articulated in the statute, please provide Secretary the designation of eligible as a Center of Excellence for Domestic a cogent justification for any such institutions as Centers of Excellence for Maritime Workforce Training and alternative and it will be given due Domestic Maritime Workforce Training Education, please find below MARAD’s consideration during our review. and Education (CoE). Pursuant to the policy to include recommendations on 1. ‘‘Afloat Career’’ is a term developed Act, the Secretary of Transportation may how best to apply. by MARAD to mean a career as a designate certain eligible and qualified MARAD Center of Excellence for merchant mariner compensated for training entities as CoEs and may Domestic Maritime Workforce Training service aboard a vessel in the U.S. subsequently execute Cooperative and Education Designation Policy Maritime Industry. Agreements with CoE designees. 2. ‘‘Arctic’’ as explicitly stated in the This policy describes the process Authority to administer the CoE statute means all United States and through which MARAD will exercise its program is delegated to MARAD in 49 foreign territory north of the Arctic discretionary authority to designate CFR 1.93(a). Circle and all United States territory Qualified training entities seeking to Centers of Excellence for Domestic north and west of the boundary formed be designated as a CoE need to apply to Maritime Workforce Training and by the Porcupine, Yukon, and MARAD. MARAD has developed this Education. Kuskokwim Rivers; all contiguous seas, policy to provide interested parties with How To Be Designated a Center of including the Arctic Ocean and the comprehensive agency guidance on how Excellence for Domestic Maritime Beaufort, Bering, and Chukchi Seas; and to apply for CoE designation and how Workforce Training and Education the Aleutian chain. [Section 112 of the the CoE program will be administered. Introduction Arctic Research and Policy Act of 1984, Applications should include codified at 15 U.S.C. 4111]; information to demonstrate that the The Secretary of Transportation, 3. ‘‘Ashore Career’’ is a term applicant institution meets certain acting through the Maritime developed by MARAD to mean a shore- eligibility requirements, selection Administrator, may designate certain based compensated occupation in the criteria, and qualitative attributes eligible and qualified training entities as United States Maritime Industry. consistent with Section 3507 of the Act. Centers of Excellence for Domestic 4. ‘‘Community or Technical College’’ The MARAD application procedure Maritime Workforce Training and is interpreted by MARAD to mean an and program details are listed below Education (CoE) and may subsequently institution of higher education that— and are also available to the public on execute Cooperative Agreements with a. admits as regular students, persons its website at https:// CoE designees. MARAD has developed who are beyond the age of compulsory www.maritime.dot.gov/education/ the CoE Program to provide interested school attendance, or are enrolled in a maritime-centers-excellence. parties with comprehensive agency high school and concurrently are guidance on how best to apply for CoE Prior Federal Action participating in a dual credit or similar designation. However, conformity with program, in the State in which the As the first step in developing a CoE this CoE applicant guidance, except to institution is located or in an adjoining policy, MARAD issued a Federal the extent that it references statutory State or region; and Register notice requesting comments on requirements, is voluntary only. b. has primary focus on awarding its proposed application process MARAD will review and consider all Associate (or equivalent) degrees; and entitled Centers of Excellence for applications it receives and may contact c. provides an educational program Domestic Maritime Workforce Training applicants with questions to assist in that is acceptable for full credit toward and Education, 83 FR 25109 (May 31, reviewing their applications. The CoE a bachelor’s or equivalent degree or that 2018). In response to the notice, we Program is a voluntary program. Each may culminate in a professional or received 18 written comments. On July eligible and qualified training entity is technical certificate or credential, 19, 2019, MARAD published another free to decide whether it wishes to stackable certificates and credentials, notice (84 FR 34994) in which MARAD participate in the program and apply for and/or two-year degree; responded to comments received and a CoE designation. 5. ‘‘Maritime Training Center’’ is sought comments on the proposed Eligible training entities seeking to be interpreted by MARAD to mean a policy to which five comments were designated as a CoE are welcome to training institution that: received. On March 6, 2020, MARAD apply with MARAD. The application a. Does not grant baccalaureate or published its final CoE designation should include information to higher levels of academic degree; policy in the Federal Register (85 FR demonstrate that the applicant b. is not a ‘‘Community or Technical 13231) in which MARAD responded to institution meets certain eligibility College’’; and comments received and sought new criteria, designation requirements, and c. provides a structured program of comments to the Office of Management attributes consistent with 46 U.S.C. training courses to prepare students and Budget on the information 54102. and/or enhance their skills for Afloat collection requirements in the CoE Careers and/or Ashore Careers in the designation policy to which no Key Terms United States Maritime Industry. comments were received. All the The following list of key terms are 6. ‘‘Mississippi River System’’ is unabridged comments are available for either directly taken from the statute or interpreted by MARAD to mean the review electronically at have been developed by MARAD or mostly riverine network of the United www.regulations.gov by searching DOT from comments received from the States which includes the Mississippi Docket Id ‘‘MARAD–2018–0088’’ or by public during our earlier notice and River, and all connecting waterways,
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natural tributaries and distributaries. berthing, port operations, port if one is granted, and list the lead entity The system includes the Arkansas, intermodal operations, marine terminal and its responsibilities consistent with Illinois, Missouri, Ohio, Red, Allegheny, operations, vessel design, marine (ii) of this section. brokerage, marine insurance, marine Tennessee, Wabash and Atchafalaya 2. How does MARAD interpret the rivers. Important connecting waterways financing, chartering, maritime-oriented selection criteria for CoE designation? include the Illinois Waterway, the supply chain operations, offshore Tennessee-Tombigbee Waterway, and industry and maritime-oriented research I. Assuming no alternative the Gulf Intracoastal Waterway. and development. qualifications are provided, MARAD 7. ‘‘Operated by, or under the will consider applicants eligible for supervision of, a State’’ is interpreted by Applicant Information designation if they can demonstrate MARAD to mean operated by or under 1. Who is eligible to apply for compliance with all the following the supervision of a public entity of a designation as a center of excellence for criteria: State government or one of its domestic maritime workforce training a. The academic programs offered by subdivisions, as well as county and education (CoE)? the institution include: governments, and city or local 1. One or more Afloat Career Participation in the CoE program is governments; preparation tracks in the United States entirely voluntary for an eligible a. ‘‘operated by’’ a State is interpreted Maritime Industry, and/or educational institution. An eligible by MARAD to mean that the State 2. One or more Ashore Career educational institution is not required to controls or provides direct oversight to preparation tracks in the United States seek a CoE designation. Under the the Maritime Training Center or the Maritime Industry. statute, an educational institution that b. Applicant institutions offering Community or Technical College provides training and education for the Afloat Career and/or Ashore Career through: i. a State charter process, or other domestic maritime workforce is eligible tracks have been accredited as follows: 1. ‘‘Community or Technical equivalent documents and system; and to apply so long as it meets the Colleges’’ hold current accreditation of ii. a State oversight body. following criteria: b. ‘‘under the supervision of a State’’ a. An institution located in a State the institution from a Regional is interpreted by MARAD to mean that that borders on at least one of the Accreditation Agency or a Nationally the State oversees in some manner the following bodies of water: Recognized Agency on the list of Maritime Training Center or the 1. Gulf of Mexico; Accrediting Agencies approved by the Community or Technical College 2. Atlantic Ocean; U.S. Department of Education. 2. ‘‘Maritime Training Centers’’ hold through at least one of the following 3. Long Island Sound; 4. Pacific Ocean; current accreditation— means: i. either of the institution, from a i. Accreditation or similar review, 5. Great Lakes; Regional Accreditation Agency or a validation, and approval by a public 6. Mississippi River System; Nationally Recognized Agency on the entity of the State government or one of 7. Arctic; or list of Accrediting Agencies approved its subdivisions as well as, county 8. Gulf of Alaska. b. The institution is: by the U.S. Department of Education; or governments, and city or local ii. of the maritime training program governments; 1. A Community or Technical College; or offered by the institution from either: ii. Registration approval by a State A. The State Apprenticeship Agency 2. A Maritime Training Center— Apprenticeship Agency (SAA), in (SAA) in accordance with 29 CFR part i. Operated by, or under the accordance with 29 CFR part 29, of an 29, supervision of a State; and apprenticeship program offered by the B. the State’s Department of ii. With a maritime training program Maritime Training Center to qualified Education or equivalent State agency, students from the public; or in operation in its curriculum on 12/12/ C. the United States Coast Guard iii. Other means which demonstrate to 2017; or (USCG), or MARAD that the State is supervising the 3. A group of Community or D. other appropriate external review educational process for which a CoE Technical Colleges and/or Maritime body which is specifically authorized to designation is sought. Training Centers that: review and validate post-secondary c. ‘‘State’’ is interpreted by MARAD to i. Consists only of members that meet education programs and is acceptable to mean a State of the United States, the the eligibility criteria at (1)(a) and either MARAD. District of Columbia, Guam, Puerto (1)(b)(1) or (1)(b)(2), and the selection c. As applicable, maintain USCG Rico, the Virgin Islands, American criteria under (2); approval for the merchant mariner Samoa, the Northern Mariana Islands, ii. Names a member of such group as training program and/or merchant and any other territory or possession of a lead entity. The lead entity will serve mariner training course(s) offered by the the United States. as the primary point of contact with institution. d. ‘‘United States Maritime Industry’’ MARAD and will be responsible for all d. Provide data and statistics to is a term developed by MARAD that duties, including administrative, legal demonstrate institutional and/or includes all segments of the maritime- and financial, as related to the CoE program effectiveness. This should related transportation system of the designation. For example, the lead include, but is not limited to, United States, both in domestic and entity is responsible for submitting the recruitment data, past/current foreign trade, coastal and inland waters, CoE application, responding to any enrollment (trends), attrition rates, as well as non-commercial maritime inquiries from MARAD, and student program completion data, post- activities, such as pleasure boating, coordinating and executing any program job and placement statistics (to marine sciences (including all scientific cooperative agreements with MARAD; the extent available to the institution), research vessels) and all of the and and program effectiveness feedback industries that support such uses, iii. Has a legally binding agreement from students, faculty, alumni, and including, but not limited to vessel signed by all members. That agreement other stakeholders. construction and repair, vessel must include the name of the group, e. As applicable, maintain operations, ship logistics supply, which will receive the CoE designation authorization and/or endorsement of the
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program and/or course(s) by an f. Expand and improve employer-led addressed as follows: Department of applicable professional society or maritime training practices and Transportation, Maritime industry body (including, but not programs through the establishment of Administration, Deputy Associate limited to Welding, Electrician, Sector Partnerships as authorized in the Administrator for Maritime Education Electronics, Maritime Construction, 2014 Workforce Innovation and and Training, Attention: CoE Maritime Logistics, Maritime Systems, Opportunity Act Section 3(26); and Designation Program, 1200 New Jersey etc.) to issue industry accepted g. Conduct such other CoE activities Ave. SE, Washington, DC 20590. certifications that reflect professional that are determined by MARAD to 6. How will I know the outcome of my recognition of the level of educational or further maritime workforce training and designation request application? technical skill achievement. education. II. Additional factors to be considered MARAD will notify each applicant of may include the following qualitative 4. What specific assistance may MARAD the status of their designation request. attributes fostered by the institution: offer to a designated CoE under a During the evaluation period, MARAD a. Supporting workforce needs of the cooperative agreement? may request clarification or additional local, state, or regional economy; By entering into a cooperative information from the applicant. b. Building Science, Technology, agreement, MARAD may be able to offer 7. Does my CoE designation expire? Engineering, and Math (STEM) the following types of assistance: competencies of local/future workforce a. Donation of surplus equipment to CoE designations are identified by through maritime programs to meet CoEs that also meet the requirements of year (e.g., X has been designated a emerging local, regional, and national 46 U.S.C. 51103(b)(2)(C); Center of Excellence for Domestic economic interests; b. Temporary use of MARAD vessels Maritime Workforce Training and c. Promoting diversity and inclusion and assets for indoctrination, training, Education for 2020). Successful among the student body; and assistance, subject to availability applicants can apply each year for d. Offering a broad-based curriculum and approval by MARAD and the designation. and stackable credentials where Department of Defense when applicable. How To Apply for a CoE Designation applicable; For any CoE requests relating to e. Engaging and/or collaborating with temporary use of a MARAD Training 8. What should be included in my CoE the maritime industry including, but not Ship operated by a State Maritime designation application? limited to employers, associations, and Academy, the MARAD approval process Special Instructions: To assist other industry organizations or partners; will include consultation with that MARAD in its review of your f. Engaging and/or collaborating with Academy; application and to ensure that your employer-led maritime training c. Availability of MARAD subject application is identified as complete, practices and programs through Sector matter experts to address students when your institution should provide only Partnerships as authorized in the 2014 feasible; and concise and relevant information and Workforce Innovation and Opportunity d. Funding, to the extent such funds supporting documentation to Act Section 3(26); are properly appropriated and made g. Engaging and/or collaborating with demonstrate your eligibility and available for this purpose. local and regional maritime high compliance with the statutory schools or other high schools with Implementation and Administration designation criteria. To that end, maritime, maritime related, Career MARAD encourages your institution to MARAD will evaluate the applicant’s ensure that each responsive section and Technical Education (CTE) or STEM supporting documentation and either programs; each page of any document or enclosure approve or disapprove the request for in your application clearly references h. Engaging and/or collaborating with designation. During the evaluation of maritime academies as appropriate and the question number(s) and section(s) the application and the supporting other applicable institutions or listed in this guidance and or the documentation, MARAD may request organizations for advanced proficiency statute. See the below examples: clarifications or additional information and higher education; and Example 1. ‘‘Mar Ex’’ is eligible for the i. Conducting other significant from the applicant. Upon approval, the CoE program as a community college. domestic maritime workforce Maritime Administrator or his/her (Q10, Section I(c)). Please find enclosed development related activities. designee will make a designation. our Articles of Incorporation, Certificate MARAD will thereafter publish the of Status, State supervision and 3. What agreement may MARAD CoE’s name and contact information on validation document. (Q10, Section execute with a designated CoE? its website. After issuance of the I(c)(1–3). Designation as a COE does not entitle designation, MARAD may enter into a Example 2. ‘‘Mar Ex’’ is enclosing the any entity to any federal funding and cooperative agreement with the CoE. following supporting documents to does not necessarily lead to a 5. When and where should I submit my demonstrate that our Maritime Training cooperative agreement with MARAD. application for designation? Center offers Afloat Track programs and The Maritime Administrator, or that we are State accredited. (Q10, designee, may enter into a cooperative a. MARAD will publish notifications Section I(e)(2)): U.S. Department of agreement with a CoE to support in the Federal Register and on its Education Accrediting Agency XYZ maritime workforce training and website at the beginning of March each accreditation (Q10, Section I(e)(2)(i). education, including but not limited to, year seeking applications on or before June 1. This should provide applicants Information To Include in Your efforts of the CoE to: Application a. Recruit, admit, and train students; a minimum of 60 days to prepare and b. Recruit and train faculty; submit their applications. Including the following information c. Expand or enhance facilities; b. An eligible training entity seeking will greatly assist our review process: d. Create new maritime career designation as a CoE may submit 1. Letter applying for CoE designation pathways; applications, including all supporting from the Chief Executive of the e. Award students credit for prior information and documents, by email to applicant institution. experience, including military service; [email protected] or by mail 2. Applicant contact information:
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a. Legal name of applicant institution Maritime Logistics, Maritime Systems, Partnerships as authorized in the 2014 and address. etc.) to issue industry accepted Workforce Innovation and Opportunity b. Chief executive’s name, position certifications that reflect a Act Section 3(26); title, address, phone number(s) and professionally recognized level of g. Engage and/or collaborate with email. educational or technical skill local and regional maritime high c. Points of contact (POC) name(s), achievement; and schools with maritime, maritime position titles, phone number(s), emails. d. Any other relevant supporting 3. Indicate if the applicant institution documentation. related, Career Technical Education is claiming eligibility for the CoE Note: Applicant institutions offering (CTE) or STEM programs; program as a ‘‘Community or Technical both Ashore and Afloat Career tracks are h. Engage and/or collaborate with College’’ or ‘‘Maritime Training Center’’, encouraged to submit supporting maritime academies and other and submit the following supporting information for both tracks. institutions or organizations for information and documents: 5. Applicant institutions offering advanced proficiency and higher a. Charter, Articles of Incorporation, Afloat Career and/or Ashore Career education; and Certificate of Incorporation, or tracks should indicate that they have i. Conduct other significant domestic equivalent, if applicable. satisfied accreditation requirements, as b. Certificate of Status (also known as set forth below: maritime workforce development Certificate of Existence or Certificate of a. ‘‘Community and Technical related activities. Good Standing), a document issued by Colleges’’ hold current accreditation of 7. All applicant institutions may a State official (usually the Secretary of the institution from a Regional provide any relevant endorsements, State), if applicable. Accreditation Agency or a Nationally awards, recognition and significant c. State operation or State supervision Recognized Agency on the list of accomplishments in support of their validation documents, if applicable. Accrediting Agencies approved by the application. d. Non-Profit certification, if U.S. Department of Education. Nothing in this policy requires applicable. b. ‘‘Maritime Training Centers’’ hold MARAD to exercise its discretionary e. Accreditation approval letter(s) current accreditation— from an accrediting agency(ies). i. either of the institution from a authority under 46 U.S.C. 54102. This f. Approval letter from a State Regional Accreditation Agency or a policy establishes a voluntary program Apprenticeship Agency (SAA) in Nationally Recognized; Agency on the in which successful applicants may be accordance with 29 CFR part 29, if list of Accrediting Agencies approved designated as a Center of Excellence for applicable. by the U.S. Department of Education; or Domestic Maritime Workforce Training g. Approval letter from the State’s ii. of the maritime training program and Education (CoE). Department of Education or equivalent offered by the institution from one or Paperwork Reduction Act State agency, if applicable. more of the following: h. Approval letter from the United A. A State Apprenticeship Agency The information collection States Coast Guard (USCG), if (SAA) in accordance with 29 CFR part requirements in the final CoE applicable. 29, designation policy have been approved i. ISO 9001 or other quality B. the State’s Department of management certification (Maritime under information collection number Education or equivalent State agency, 2133–0549 by the Office of Management Training Centers only), if applicable. C. the United States Coast Guard and Budget (OMB) under the Paperwork j. Data and statistics to demonstrate (USCG), if applicable; or institutional effectiveness. This should D. other appropriate external review Reduction Act of 1995, 44 U.S.C. 3501, include, but not be limited to, body which is specifically authorized to et seq. In accordance with 5 CFR recruitment data, past/current review and validate post-secondary 1320.5(b)(2)(i), persons are not required enrollment (trends), attrition rates, education programs and is acceptable to to provide information to the student program completion data, post- MARAD. Government unless the information program job and placement statistics (to 6. All applicant institutions may collection displays a current and valid the extent available to the institution), submit a brief narrative statement for OMB control number. This application and program effectiveness feedback one or more qualitative attributes process is operating under the following from students, faculty, alumni, and fostered by the institution to accomplish current and valid OMB control number: other stakeholders. the following: 2133–0549. 4. Indicate that the applicant offers a. Support the workforce needs of the (Authority: The National Defense one or more Afloat Career preparation local, state, or regional economy; Authorization Act of 2018, Pub. L. 115–91 tracks and/or one or more Ashore Career b. Build the STEM (Science, (December 12, 2017), 46 U.S.C. 54102, The preparation tracks in the United States Technology, Engineering, and Math) Paperwork Reduction Act of 1995, 44 U.S.C. Maritime Industry and submit the competencies of local/future workforce Chapter 35, as amended, 49 CFR 1.49) following supporting information: to meet emerging local, regional, and a. Program summary; national economic interests; Dated: October 20, 2020. b. A description of applicable courses c. Promote diversity and inclusion By Order of the Maritime Administrator. offered (only relevant maritime related among the student body; T. Mitchell Hudson, Jr., program-specific pages from the d. Offer a broad-based curriculum and Secretary, Maritime Administration. catalogue); stackable credentials, where applicable; [FR Doc. 2020–23490 Filed 10–22–20; 8:45 am] c. If applicable, letters of e. Engage and/or collaborate with the authorization and/or endorsement of the maritime industry, including, but not BILLING CODE 4910–81–P course/program and/or course(s) by an limited to employers, associations, and applicable professional society or other industry organizations or partners; industry body (including, but not f. Engage and/or collaborate with limited to Welding, Electrician, employer-led maritime training Electronics, Maritime Construction, practices and programs through Sector
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DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy exercise of judgment concerning the form, please ensure that two copies are merits of the petition. National Highway Traffic Safety provided. If you wish to receive II. Vehicles Involved Administration confirmation that comments you have submitted by mail were received, please Approximately 22 MY 2020 [Docket No. NHTSA–2020–0064; Notice 1] enclose a stamped, self-addressed Mercedes-Benz GLS 580 motor vehicles Mercedes-Benz USA, LLC, Receipt of postcard with the comments. Note that manufactured between February 8, Petition for Decision of all comments received will be posted 2019, and September 20, 2019, are Inconsequential Noncompliance without change to https:// potentially involved. www.regulations.gov, including any III. Noncompliance AGENCY: National Highway Traffic personal information provided. Safety Administration (NHTSA), All comments and supporting Mercedes-Benz explains that the Department of Transportation (DOT). materials received before the close of noncompliance is that the automatic reversal systems and actuation devices ACTION: Receipt of petition. business on the closing date indicated above will be filed in the docket and for the sunroofs in the subject vehicles SUMMARY: Mercedes-Benz AG and will be considered. All comments and do not fully comply with paragraph Mercedes-Benz USA, LLC, (collectively, supporting materials received after the S6(a)(1) of FMVSS No. 118. Specifically, ‘‘Mercedes-Benz’’) have determined that closing date will also be filed and will when the vehicle’s ‘‘car wash mode’’ is certain model year (MY) 2020 Mercedes- be considered to the fullest extent activated by using the central touch Benz GLS 580 motor vehicles do not possible. display in the center console, the fully comply with Federal Motor When the petition is granted or sunroof may close automatically. Vehicle Safety Standard (FMVSS) No. denied, notice of the decision will also IV. Rule Requirements 118, Power-operated Window, Partition, be published in the Federal Register and Roof Panel Systems. Mercedes-Benz pursuant to the authority indicated at Paragraph S6(a)(1) of FMVSS No. 118 filed a noncompliance report dated May the end of this notice. includes the requirements relevant to 11, 2020, and subsequently petitioned All comments, background this petition. An actuation device must NHTSA on June 3, 2020, for a decision documentation, and supporting not cause a window, partition, or roof that the subject noncompliance is materials submitted to the docket may panel to begin to close from any open inconsequential as it relates to motor be viewed by anyone at the address and position when tested using a stainless vehicle safety. This notice announces times given above. The documents may steel sphere having a surface finish receipt of Mercedes-Benz’s petition. also be viewed on the internet at https:// between 8 and 4 micro inches and a www.regulations.gov by following the radius of 20 mm ± 0.2 mm, place the DATES: Send comments on or before online instructions for accessing the surface of the sphere against any portion November 23, 2020. docket. The docket ID number for this of the actuation device. ADDRESSES: Interested persons are petition is shown in the heading of this invited to submit written data, views, V. Summary of Mercedes-Benz’s notice. Petition and arguments on this petition. DOT’s complete Privacy Act Comments must refer to the docket and Statement is available for review in a The following views and arguments notice number cited in the title of this Federal Register notice published on presented in this section, ‘‘V. Summary notice and submitted by any of the April 11, 2000 (65 FR 19477–78). of Mercedes-Benz’s Petition,’’ are the following methods: SUPPLEMENTARY INFORMATION: views and arguments provided by • Mail: Send comments by mail Mercedes-Benz. They have not been addressed to the U.S. Department of I. Overview evaluated by the Agency and do not Transportation, Docket Operations, M– Mercedes-Benz has determined that reflect the views of the Agency. 30, West Building Ground Floor, Room certain MY 2020 Mercedes-Benz GLS Mercedes-Benz describes the subject W12–140, 1200 New Jersey Avenue SE, 580 motor vehicles do not fully comply noncompliance and contends that the Washington, DC 20590. with the requirements of paragraph noncompliance is inconsequential as it • Hand Delivery: Deliver comments S6(a)(1) of FMVSS No. 118, Power- relates to motor vehicle safety. by hand to the U.S. Department of operated Window, Partition, and Roof In support of its petition, Mercedes- Transportation, Docket Operations, M– Panel Systems (49 CFR 571.118). Benz submitted the following reasoning: 30, West Building Ground Floor, Room Mercedes-Benz filed a noncompliance 1. FMVSS No. 118 is intended to reduce W12–140, 1200 New Jersey Avenue SE, report dated May 11, 2020, pursuant to the likelihood of injuries that may arise due Washington, DC 20590. The Docket 49 CFR part 573, Defect and to the accidental operation of power-operated Section is open on weekdays from 10 Noncompliance Responsibility and windows, sunroofs, and other moveable a.m. to 5 p.m. except for Federal Reports. Mercedes-Benz subsequently partitions. The particular provision at issue holidays. petitioned NHTSA on June 3, 2020, for here, S6(a), is focused on preventing the • Electronically: Submit comments inadvertent movement of powered windows, an exemption from the notification and partitions, and roof panels if a child electronically by logging onto the remedy requirements of 49 U.S.C. inadvertently leans on or against the Federal Docket Management System Chapter 301 on the basis that this actuation device. The provisions were (FDMS) website at https:// noncompliance is inconsequential as it intended to simulate a child’s knee pressing www.regulations.gov/. Follow the online relates to motor vehicle safety, pursuant against the actuation device at a particular instructions for submitting comments. to 49 U.S.C. 30118(d) and 30120(h) and level of force to ensure that it does not close. • Comments may also be faxed to 49 CFR part 556, Exemption for By its terms, the standard applies to (202) 493–2251. Inconsequential Defect or vertically mounted switches, including those Comments must be written in the located in the vehicle’s console or central Noncompliance. touch display as in this case. English language, and be no greater than This notice of receipt of Mercedes- 2. Due to their specific operating 15 pages in length, although there is no Benz’s petition is published under 49 parameters, even though the buttons used to limit to the length of necessary U.S.C. 30118 and 30120 and does not activate car wash mode do not meet the attachments to the comments. If represent any Agency decision or other performance requirement of paragraph S6(a),
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the condition does not create an increased power-operated windows. The decision also DEPARTMENT OF TRANSPORTATION safety risk. As an initial matter, the car wash focused on the presence of an auto-reverse mode feature must first be activated by the feature, which would reverse the movement National Highway Traffic Safety user. Car wash mode is not automatically of the sunroof before it exerted a pressure of Administration enabled unless and until the operator 100 Newtons. In granting the motion, the activates the feature by affirmatively Agency noted the presence of this auto- [Docket No. NHTSA–2020–0082; Notice 1] accepting the option and turning the feature on. Thus, unless car wash mode is already reverse feature as one that would further Volkswagen Group of America, Inc., reduce the risk of entrapment. active within the vehicle, the condition Receipt of Petition for Decision of 6. Much like the conditions present in the described above cannot occur. Inconsequential Noncompliance 3. Once the vehicle has initialized car wash General Motors vehicles, the noncompliance mode, the feature can only be activated in the car wash mode feature of the subject AGENCY: National Highway Traffic through a series of steps using either the vehicles similarly does not create an Safety Administration (NHTSA), vehicle’s central touch display or from a increased safety risk. Assuming that the Department of Transportation (DOT). touchpad located in the center console. function has been initialized by the operator, ACTION: Receipt of petition. Activating car wash mode is a multi-step a series of specific and coordinated steps process and the process varies depending on must occur in order to activate car wash the current menu contained on the display SUMMARY: Volkswagen Group of screen. For example, if car wash mode has mode. If those steps are not carried out in the America, Inc. (Volkswagen), has been programmed by the user inside the precise order required, then the car wash determined that certain model year ‘‘favorites’’ menu, then a series of two mode program will not be activated. Even in (MY) 2019–2020 Audi A6, MY 2019– touches is needed to activate car wash mode. the unlikely event that the car wash mode 2020 Audi A7, and MY 2020 Audi A6 In all other cases, the operator would first function is inadvertently activated, there is Allroad motor vehicles do not fully need to change the display screen to the no enhanced risk of injury because of the comply with Federal Motor Vehicle vehicle menu first and from there, navigate sunroof auto-reverse feature. to the car wash mode icon. In either case, car Safety Standard (FMVSS) No. 110, Tire wash mode will not become active unless Mercedes-Benz concludes by again Selection and Rims and Motor Home/ each of these steps is executed in the contending that the subject Recreation Vehicle Trailer Load Carrying Capacity Information for Motor corresponding order. Because of the noncompliance is inconsequential as it complexity involved in navigating through Vehicles with a GVWR of 4,536 relates to motor vehicle safety, and that the required sequence of events there is an Kilograms (10,000 pounds) or Less. its petition to be exempted from extremely low likelihood of the car wash Volkswagen filed a noncompliance mode being inadvertently activated in the providing notification of the report dated May 20, 2020. Volkswagen first place. noncompliance, as required by 49 simultaneously petitioned NHTSA on 4. Further, the sunroofs in the subject U.S.C. 30118, and a remedy for the vehicles contain an auto-reverse feature. May 20, 2020, for a decision that the noncompliance, as required by 49 subject noncompliance is Upon detecting an object or obstruction U.S.C. 30120, should be granted. inside the sunroof, it will automatically stop inconsequential as it relates to motor and reverse course and fully retract. While NHTSA notes that the statutory vehicle safety. This notice announces the sunroofs do not meet the requirements of provisions (49 U.S.C. 30118(d) and receipt of Volkswagen’s petition. paragraph S5, they are certified to the 30120(h)) that permit manufacturers to DATES: Send comments on or before European standard UN–R–21. The European file petitions for a determination of November 23, 2020. standard incorporates many of the performance features included in the inconsequentiality allow NHTSA to ADDRESSES: Interested persons are automatic reversal function contained in exempt manufacturers only from the invited to submit written data, views, FMVSS No. 118, paragraph S5. The sunroofs duties found in sections 30118 and and arguments on this petition. in the subject vehicles will automatically 30120, respectively, to notify owners, Comments must refer to the docket and reverse prior to exerting 100 Newtons of purchasers, and dealers of a defect or notice number cited in the title of this pinch force, and consistent with the options noncompliance and to remedy the notice and submitted by any of the provided at paragraph S5.2, the sunroof will defect or noncompliance. Therefore, any following methods: either retract to a position at least as wide as • the initial position before closing or will decision on this petition only applies to Mail: Send comments by mail allow a 200-mm rod to be inserted in the gap. the subject vehicles that Mercedes-Benz addressed to the U.S. Department of 5. The Agency has previously granted no longer controlled at the time it Transportation, Docket Operations, M– petitions for inconsequential treatment for determined that the noncompliance 30, West Building Ground Floor, Room FMVSS No. 118 involving similar existed. However, any decision on this W12–140, 1200 New Jersey Avenue SE, circumstances and vehicle features. NHTSA petition does not relieve vehicle Washington, DC 20590. granted a petition by General Motors • Hand Delivery: Deliver comments involving a noncompliance with FMVSS No. distributors and dealers of the prohibitions on the sale, offer for sale, by hand to the U.S. Department of 118, paragraph S4(e), where for 60 seconds Transportation, Docket Operations, M– after the vehicles are started, an issue with or introduction or delivery for 30, West Building Ground Floor, Room the sunroof module would allow the sunroof introduction into interstate commerce of W12–140, 1200 New Jersey Avenue SE, to close via the control button if the engine the noncompliant vehicles under their Washington, DC 20590. The Docket is turned off and a front door is opened. In control after Mercedes-Benz notified that instance, in order to activate the sunroof, Section is open on weekdays from 10 a series of specific steps must be taken in them that the subject noncompliance a.m. to 5 p.m. except for Federal order and the steps must be completed existed. holidays. within a 60-second time frame. See Decision (Authority: 49 U.S.C. 30118, 30120: • Electronically: Submit comments Granting Petition for Inconsequential delegations of authority at 49 CFR 1.95 and electronically by logging onto the Noncompliance by General Motors 73 FR 501.8) Federal Docket Management System 22459 (April 25, 2008). In granting the (FDMS) website at https:// petition, the Agency found that the potential Otto G. Matheke III, for entrapment in a power operated sunroof www.regulations.gov/. Follow the online Director, Office of Vehicle Safety Compliance. presented less of a risk of entrapment than instructions for submitting comments. power-operated windows because, in general, [FR Doc. 2020–23512 Filed 10–22–20; 8:45 am] • Comments may also be faxed to sunroofs are less physically accessible than BILLING CODE 4910–59–P (202) 493–2251.
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Comments must be written in the relates to motor vehicle safety, pursuant not contain the word ‘‘none’’ in the cold English language, and be no greater than to 49 U.S.C. 30118(d) and 30120(h) and tire inflation pressure location for the 15 pages in length, although there is no 49 CFR part 556, Exemption for spare tire, as required under 49 CFR part limit to the length of necessary Inconsequential Defect or 571.110 S4.3(c). As the vehicle is not attachments to the comments. If Noncompliance. equipped with a spare tire, there is no comments are submitted in hard copy This notice of receipt of Volkswagen’s actual effect on drivability, vehicle form, please ensure that two copies are petition is published under 49 U.S.C. safety, or tire wear. provided. If you wish to receive 30118 and 30120 and does not represent 2. Volkswagen submits that the confirmation that comments you have any Agency decision or other exercise of condition described above is submitted by mail were received, please judgment concerning the merits of the inconsequential as it relates to motor enclose a stamped, self-addressed petition. vehicle safety because the information postcard with the comments. Note that II. Vehicles Involved: Approximately misprinted on the tire placard label is all comments received will be posted 652 MY 2019–2020 Audi A6, MY 2019– applicable to a component (spare tire) without change to https:// 2020 Audi A7, and MY 2020 Audi A6 which is not equipped in the vehicle. www.regulations.gov, including any Allroad motor vehicles, manufactured There is no effect on drivability, vehicle personal information provided. between September 24, 2018, and May safety, or tire wear. All comments and supporting 14, 2020, are potentially involved. 3. Volkswagen says that as of May 15, materials received before the close of III. Noncompliance: Volkswagen 2020, the condition has been corrected. business on the closing date indicated explains that the noncompliance is that 4. Affected vehicles held at the factory above will be filed in the docket and the subject vehicles are equipped with have been corrected, and unsold units will be considered. All comments and a tire placard label (located on the in dealer inventory will be corrected supporting materials received after the driver’s side B-pillar) that was prior to sale. Additionally, Volkswagen closing date will also be filed and will incorrectly printed to include cold tire is not aware of any field or customer be considered to the fullest extent inflation pressure information for a complaints related to this condition, nor spare tire that is not present in the possible. has it been made aware of any accidents affected vehicles and therefore, does not When the petition is granted or or injuries that have occurred as a result meet the requirements specified in denied, notice of the decision will also of this issue. paragraph S4.3(c) of FMVSS No. 110. Volkswagen concluded by expressing be published in the Federal Register Specifically, since the subject vehicles the belief that the subject pursuant to the authority indicated at are not equipped with a spare tire, the noncompliance is inconsequential as it the end of this notice. tire placard label should contain the relates to motor vehicle safety, and that All comments, background word ‘‘none’’ in the cold tire inflation its petition to be exempted from documentation, and supporting pressure section. providing notification of the materials submitted to the docket may IV. Rule Requirements: Paragraph noncompliance, as required by 49 be viewed by anyone at the address and S4.3(c) of FMVSS No. 110 includes the U.S.C. 30118, and a remedy for the times given above. The documents may requirements relevant to this petition. noncompliance, as required by 49 also be viewed on the internet at https:// Vehicle manufacturer’s recommended U.S.C. 30120, should be granted. www.regulations.gov by following the cold tire inflation pressure for front, NHTSA notes that the statutory online instructions for accessing the rear, and spare tires, are subject to the provisions (49 U.S.C. 30118(d) and docket. The docket ID number for this limitations of paragraph S4.3.4. For full- 30120(h)) that permit manufacturers to petition is shown in the heading of this size spare tires, the statement ‘‘see file petitions for a determination of notice. above’’ may, at the manufacturer’s inconsequentiality allow NHTSA to DOT’s complete Privacy Act option replace manufacturer’s exempt manufacturers only from the Statement is available for review in a recommended cold tire inflation duties found in sections 30118 and Federal Register notice published on pressure. If no spare tire is provided, the 30120, respectively, to notify owners, April 11, 2000 (65 FR 19477–78). word ‘‘none’’ must replace the purchasers, and dealers of a defect or SUPPLEMENTARY INFORMATION: manufacturer’s recommended cold tire noncompliance and to remedy the I. Overview: Volkswagen has inflation pressure. defect or noncompliance. Therefore, any determined that certain MY 2019–2020 V. Summary of Volkswagen’s Petition: decision on this petition only applies to Audi A6, MY 2019–2020 Audi A7, and The following views and arguments the subject vehicles that Volkswagen no MY 2020 Audi A6 Allroad motor presented in this section, ‘‘V. Summary longer controlled at the time it vehicles do not fully comply with the of Volkswagen’s Petition’’, are the views determined that the noncompliance requirements of paragraph S4.3(c) of and arguments provided by existed. However, any decision on this FMVSS No. 110, Tire Selection and Volkswagen. They have not been petition does not relieve vehicle Rims and Motor Home/Recreation evaluated by the Agency and do not distributors and dealers of the Vehicle Trailer Load Carrying Capacity reflect the views of the Agency. prohibitions on the sale, offer for sale, Information for Motor Vehicles with a Volkswagen described the subject or introduction or delivery for GVWR of 4,536 Kilograms (10,000 noncompliance and stated their belief introduction into interstate commerce of pounds) or Less (49 CFR 571.110). that the noncompliance is the noncompliant vehicles under their Volkswagen filed a noncompliance inconsequential as it relates to motor control after Volkswagen notified them report dated May 20, 2020, pursuant to vehicle safety. that the subject noncompliance existed. 49 CFR part 573, Defect and In support of its petition, Volkswagen (Authority: 49 U.S.C. 30118, 30120: Noncompliance Responsibility and submitted the following reasoning: delegations of authority at 49 CFR 1.95 and Reports. Volkswagen simultaneously 1. The MY 2019–2020 Audi A6, the 501.8) petitioned NHTSA on May 20, 2020, for MY 2019–2020 Audi A7, and the MY an exemption from the notification and 2020 Audi A6 Allroad vehicles are not Otto G. Matheke III, remedy requirements of 49 U.S.C. equipped with a spare tire. The required Director, Office of Vehicle Safety Compliance. Chapter 301 on the basis that this tire placard label, located on the driver’s [FR Doc. 2020–23509 Filed 10–22–20; 8:45 am] noncompliance is inconsequential as it side B-Pillar, was misprinted and does BILLING CODE 4910–59–P
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DEPARTMENT OF THE TREASURY or more applicable legal criteria were Electronic Availability satisfied. All property and interests in Office of Foreign Assets Control property subject to U.S. jurisdiction of The Specially Designated Nationals these persons are blocked, and U.S. and Blocked Persons List and additional Notice of OFAC Sanctions Actions persons are generally prohibited from information concerning OFAC sanctions programs are available on OFAC’s AGENCY: Office of Foreign Assets engaging in transactions with them. website (www.treas.gov/ofac). Control, Treasury. DATES: See SUPPLEMENTARY INFORMATION section for effective date(s). ACTION: Notice. Notice of OFAC Actions FOR FURTHER INFORMATION CONTACT: SUMMARY: The U.S. Department of the OFAC: Associate Director for Global On March 19, 2020, OFAC Treasury’s Office of Foreign Assets Targeting, tel.: 202–622–2420; Assistant determined that the property and Control (OFAC) is publishing the names Director for Sanctions Compliance & interests in property subject to U.S. of one or more persons that have been Evaluation, tel.: 202–622–2490; or the jurisdiction of the following persons are placed on OFAC’s Specially Designated Assistant Director for Licensing, tel.: blocked under the relevant sanctions Nationals and Blocked Persons List 202–622–2480. authorities listed below. based on OFAC’s determination that one SUPPLEMENTARY INFORMATION: BILLING CODE 4810–AL–P
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Dated: March 19, 2020. information upon which the insurance collection of information on Andrea M. Gacki, premium can be based. respondents, including through the use Director, Office of Foreign Assets Control. DATES: Written comments and of automated collection techniques or recommendations on the proposed the use of other forms of information Editorial Note: This document was collection of information should be technology. received for publication by the Office of the Authority: Public Law 104–13; 44 Federal Register on October 19, 2020. received on or before December 22, 2020. U.S.C. 3501–3521. [FR Doc. 2020–23461 Filed 10–22–20; 8:45 am] Title: Veterans Mortgage Life ADDRESSES: Submit written comments BILLING CODE 4810–AL–C Insurance Statement. on the collection of information through OMB Control Number: 2900–0212. Federal Docket Management System Type of Review: Extension of a DEPARTMENT OF VETERANS (FDMS) at www.Regulations.gov or to previously approved collection. AFFAIRS Nancy J. Kessinger, Veterans Benefits Abstract: This form is used by Administration (20M33), Department of Veterans who have received Specially [OMB Control No. 2900–0212] Veterans Affairs, 810 Vermont Avenue Adapted Housing Grants to decline NW, Washington, DC 20420 or email to VMLI. The information on the form is Agency Information Collection [email protected]. Please refer to Activity: Veterans Mortgage Life required by law, 38 U.S.C. Section 806. ‘‘OMB Control No. 2900–0212’’ in any Affected Public: Individuals and Insurance Statement (VA Form 29– correspondence. During the comment 8636) households. period, comments may be viewed online Estimated Annual Burden: 250 hours. AGENCY: Veterans Benefits through FDMS. Estimated Average Burden per Administration, Department of Veterans FOR FURTHER INFORMATION CONTACT: Respondent: 15 minutes. Affairs. Danny S. Green at (202) 421–1354. Frequency of Response: On occasion. Estimated Number of Respondents: ACTION: Notice. SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 1,000. SUMMARY: The Veterans Benefits obtain approval from the Office of By direction of the Secretary. Administration (VBA), Department of Management and Budget (OMB) for each Danny S. Green, Veterans Affairs (VA), is announcing an collection of information they conduct VA Clearance Officer, Office of Quality, opportunity for public comment on the or sponsor. This request for comment is Performance and Risk, Department of proposed collection of certain being made pursuant to Section Veterans Affairs. information by the agency. Under the 3506(c)(2)(A) of the PRA. [FR Doc. 2020–23483 Filed 10–22–20; 8:45 am] Paperwork Reduction Act (PRA) of With respect to the following BILLING CODE 8320–01–P 1995, Federal agencies are required to collection of information, VBA invites publish notice in the Federal Register comments on: (1) Whether the proposed concerning each proposed collection of collection of information is necessary DEPARTMENT OF VETERANS information, including each proposed for the proper performance of VBA’s AFFAIRS extension of a currently approved functions, including whether the collection, and allow 60 days for public information will have practical utility; [OMB Control No. 2900–0515] comment in response to the notice. This (2) the accuracy of VBA’s estimate of the Agency Information Collection notice solicits comments on information burden of the proposed collection of Activity: Maintenance of Records needed from veterans who have information; (3) ways to enhance the received Specially Adapted Housing quality, utility, and clarity of the AGENCY: Veterans Benefits Grants to decline Veterans Mortgage Life information to be collected; and (4) Administration, Department of Veterans Insurance (VMLI) or to provide ways to minimize the burden of the Affairs
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ACTION: Notice. refer to ‘‘OMB Control No. 2900–0515’’ through the Lender Scorecard, on in any correspondence. certain loan characteristics such as SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: interest rate, fees and charges, audit Paperwork Reduction Act (PRA) of Authority: 38 CFR 36.4317. results, etc., as compared to the national 1995, this notice announces that the Title: Maintenance of Records Under average of all VA lenders. Veterans Benefits Administration, 38 CFR 36.4333. An agency may not conduct or Department of Veterans Affairs, will OMB Control Number: 2900–0515. sponsor, and a person is not required to submit the collection of information Type of Review: Reinstatement. respond to a collection of information Abstract: The Department of Veterans abstracted below to the Office of unless it displays a currently valid OMB Affairs (VA) Loan Guaranty program control number. The Federal Register Management and Budget (OMB) for guarantees loans made by private review and comment. The PRA Notice with a 60-day comment period lenders to Veterans for the purchase, soliciting comments on this collection submission describes the nature of the construction, and refinancing of homes information collection and its expected of information was published at 85 FR owned and occupied by Veterans. 162, August 20, 2020, on page 51554. cost and burden and it includes the Under 38 CFR 36.4333, VA requires actual data collection instrument. Affected Public: Individuals or holders to maintain and lenders to Households. DATES: Written comments and retain all records pertaining to loans Estimated Annual Burden: 17,500 recommendations for the proposed guaranteed by VA. Under this same hours. information collection should be sent authority, VA has a right to inspect, Estimated Average Burden per within 30 days of publication of this examine, or audit, at a reasonable time Respondent: 30 minutes. notice to www.reginfo.gov/public/do/ and place, such records to ensure Frequency of Response: One time. PRAMain. Find this particular program participants are in compliance Estimated Number of Respondents: information collection by selecting with applicable laws, regulations, 35,000. policies, procedures and contract ‘‘Currently under 30-day Review—Open By direction of the Secretary. for Public Comments’’ or by using the provisions. VA utilizes the data Danny S. Green, search function. Refer to ‘‘OMB Control collected through loan audits to require No. 2900–0515. corrective actions by lenders and VA Clearance Officer, Office of Quality, holders who failed to adhere to VA Performance and Risk, Department of FOR FURTHER INFORMATION CONTACT: regulations and statutes. It also uses the Veterans Affairs. Danny S. Green, (202) 421–1354 or data collected through this authority to [FR Doc. 2020–23477 Filed 10–22–20; 8:45 am] email [email protected]. Please provide annual feedback to lenders, BILLING CODE 8320–01–P
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Part II
Department of Defense General Services Administration National Aeronautics and Space Administration
48 CFR Chapter 1 Federal Acquisition Regulations; Final Rules
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DEPARTMENT OF DEFENSE and National Aeronautics and Space ADDRESSES: The FAC, including the Administration (NASA). SECG, is available via the internet at GENERAL SERVICES ACTION: https://www.regulations.gov. ADMINISTRATION Summary presentation of final rules. FOR FURTHER INFORMATION CONTACT: The NATIONAL AERONAUTICS AND analyst whose name appears in the table SUMMARY: This document summarizes SPACE ADMINISTRATION below in relation to the FAR case. For the Federal Acquisition Regulation information pertaining to status or (FAR) rules agreed to by the Civilian 48 CFR Chapter 1 publication schedules, contact the Agency Acquisition Council and the Regulatory Secretariat Division at 202– Defense Acquisition Regulations [Docket No. FAR–2020–0051, Sequence 501–4755 or [email protected]. No. 7] Council (Councils) in this Federal Acquisition Circular (FAC) 2021–02. A Federal Acquisition Regulation; companion document, the Small Entity Federal Acquisition Circular 2021–02; Compliance Guide (SECG), follows this Introduction FAC. AGENCY: Department of Defense (DoD), DATES: For effective date see the General Services Administration (GSA), separate documents, which follow.
RULE LISTED IN FAC 2021–02
Item Subject FAR case Analyst
I ...... Removal of FAR Appendix ...... 2020–003 Boyer. II ...... Removal of Obsolete Definitions ...... 2020–002 Uddowla. III ...... Update to Excess Personal Property Procedures ...... 2019–019 Uddowla. IV ...... Reserve Officer Training Corps and Military Recruiting on Campus ...... 2018–021 Delgado. V ...... Documentation of Market Research ...... 2020–006 Francis. VI ...... Taxes—Foreign Contracts in Afghanistan ...... 2018–023 Funk. VII ...... Recreational Services on Federal Lands ...... 2019–002 Funk. VIII ...... Technical Amendments.
SUPPLEMENTARY INFORMATION: definitions in FAR 19.101 conflict with Item IV—Reserve Officer Training Summaries for each FAR rule follow. SBA’s revised regulation and are not Corps and Military Recruiting on For the actual revisions and/or needed in the FAR as these terms relate Campus (FAR Case 2018–021) amendments made by these FAR rules, to determinations made by SBA, not This final rule implements 10 U.S.C. refer to the specific item numbers and contracting officers. In addition, this 983, which prohibits the award of subjects set forth in the documents final rule moves the definition of certain Federal contracts to institutions following these item summaries. FAC ‘‘affiliates,’’ as used with regard to small of higher education that prohibit 2021–02 amends the FAR as follows: business size determination, to Reserve Officer Training Corps (ROTC) Item I—Removal of FAR Appendix appropriate locations in the FAR. units or military recruiting on campus. (FAR Case 2020–003) Item III—Update To Excess Personal This final rule will not have a This final rule removes FAR Property Procedures (FAR Case 2019– significant economic impact on a substantial number of small entities. references to the FAR appendix and the 019) FAR looseleaf. The FAR appendix at an Item V—Documentation of Market earlier time contained a copy of the Cost This final rule amends the FAR to Research (FAR Case 2020–006) Accounting Standards Board update internal Government procedures regulations. These remain available at on how agencies can locate excess This final rule amends the FAR to 48 CFR chapter 99. There is no effect on personal property and to remove implement section 818 of the National small entities. The FAR loose-leaf obsolete requirements. Specifically, this Defense Authorization Act for Fiscal Year 2020, which requires the head of version is now published online at rule removes references to catalogs and the agency to document the results of https://www.acquisition.gov. It is no bulletins issued by GSA, the use of a market research in a manner appropriate longer published as a paper loose-leaf discontinued GSA form, and the ability version. for the size and complexity of the to the examine reports and samples of acquisition. Item II—Removal of Obsolete excess personal property in GSA Definitions (FAR Case 2020–002) regional offices. Instead, the rule Item VI—Taxes—Foreign Contracts in Afghanistan (FAR Case 2018–023) This final rule amends the FAR to identifies the website through which remove the definitions of the terms agencies can find information on This final rule amends the FAR to add ‘‘annual receipts’’ and ‘‘number of available excess personal property. two new clauses that notify contractors employees’’ in FAR 19.101. The Small Additionally, this rule updates the name of requirements relating to Afghanistan Business Administration (SBA) of the offices handling excess personal taxes or similar charges when contracts published a final rule at 84 FR 66561 on property within GSA and provides a are being performed in Afghanistan. December 5, 2019, amending its website containing contact information Agreements established with the Islamic regulations to update these terms in 13 for those offices. Republic of Afghanistan exempt the CFR part 121 as part of SBA’s United States Forces and the North implementation of the Small Business Atlantic Treaty Organization (NATO) Runway Extension Act of 2018. The Forces, and their contractors from
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liability for Afghanistan taxes and DEPARTMENT OF DEFENSE appear in the appendix in full text. similar charges (e.g. customs, duties, Therefore, references throughout the fees). These clauses were previously in GENERAL SERVICES FAR to the CAS Board regulations being the Defense Federal Acquisition ADMINISTRATION in the appendix are out of date. For all Regulation Supplement and are now the regulation locations where ‘‘FAR elevated to the FAR to eliminate the NATIONAL AERONAUTICS AND appendix’’ is deleted, the citation to 48 need for agency unique supplemental SPACE ADMINISTRATION CFR chapter 99 will be maintained to regulations and ensure unified guidance direct the workforce to the supporting among the affected agencies consistent 48 CFR Parts 1, 15, 28, 30, 42, and 44 regulation. To further help the with the purpose of the FAR. [FAC 2021–02; FAR Case 2020–003; Item workforce, Acquisition.gov is being I; Docket No. FAR–2020–0003, Sequence 1] updated to include hyperlinks for all Item VII—Recreational Services on ‘‘48 CFR chapter 99’’ citations. Federal Lands (FAR Case 2019–002) RIN 9000–AO06 This final rule also deletes the few additional references to the FAR This final rule amends FAR Federal Acquisition Regulation: ‘‘looseleaf’’, because the FAR loose-leaf 22.1903(b)(2) and FAR clause 52.222– Removal of FAR Appendix version is now published online at 55(c)(2) to conform to a Department of https://www.acquisition.gov. It is no Labor rule by adding seasonal AGENCY: Department of Defense (DoD), General Services Administration (GSA), longer published as a paper loose-leaf recreational services or seasonal version. recreational equipment rental for the and National Aeronautics and Space general public on Federal lands under Administration (NASA). II. Publication of This Final Rule for contracts or contract-like instruments ACTION: Final rule. Public Comment Is Not Required by entered into with the Federal Statute SUMMARY: DoD, GSA, and NASA are Government, to the list of exemptions issuing a final rule amending the ‘‘Publication of proposed from the requirements of Executive Federal Acquisition Regulation (FAR) to regulations’’, 41 U.S.C. 1707, is the Order 13658, Establishing a Minimum remove references to the FAR appendix. statutory provision in title 41 that Wage for Contractors. The current The Cost Accounting Standards Board applies to the publication of the Federal minimum wage is $10.80 per hour. regulations remain available in the Code Acquisition Regulation. Subsection Lodging and food services are not of Federal Regulations. This final rule 1707(a)(1) requires that a procurement exempted. Both rules implement also deletes the few additional policy, regulation, procedure or form Executive Order 13838, Exemption from references to the FAR ‘‘looseleaf’’. (including an amendment or Executive Order 13658 for Recreational modification thereof) must be published DATES: Effective: November 23, 2020. Services on Federal Lands. for public comment if it relates to the FOR FURTHER INFORMATION CONTACT: Mr. Item VIII—Technical Amendments expenditure of appropriated funds, and Bryon Boyer, Procurement Analyst, at has either a significant effect beyond the 817–850–5580 or by email at Editorial changes are made at FAR internal operating procedures of the [email protected] for clarification of 4.2102, 52.213–4, 52.252–5, 52.252–6, agency issuing the policy, regulation, content. For information pertaining to and 53.228. procedure or form, or has a significant status or publication schedules, contact cost or administrative impact on William F. Clark, the Regulatory Secretariat Division at contractors or offerors. This final rule is Director, Office of Government-wide 202–501–4755. Please cite FAC 2021– not required to be published for public Acquisition Policy, Office of Acquisition 02, FAR Case 2020–003. comment, because the deletions of Policy, Office of Government-wide Policy. SUPPLEMENTARY INFORMATION: references to ‘‘the appendix’’ in the FAR Federal Acquisition Circular (FAC) 2021– I. Background ‘‘loose-leaf’’ are administrative and do 02 is issued under the authority of the not have a significant effect on the Secretary of Defense, the Administrator of The FAR appendix was created in public or Government. As explained in General Services, and the Administrator of 1988 (July 20, 1988, FAC 84–38) as the background section, users are National Aeronautics and Space ‘‘appendix A to part 30.’’ It was directed to the eCFR to access the Administration. relabeled ‘‘appendix B’’ in 1992 (August information that is at 48 CFR chapter 99, Unless otherwise specified, all Federal 31, 1992, FAR Case 92–18), and as it is no longer in ‘‘the appendix.’’ Acquisition Regulation (FAR) and other eventually as just ‘‘the appendix’’ (July III. Applicability to Contracts at or directive material contained in FAC 2021–02 25, 1997 technical amendment). The is effective October 23, 2020 except for Items appendix does not appear in the Code Below the Simplified Acquisition I through VIII, which are effective November of Federal Regulations other than as Threshold (SAT) and for Commercial 23, 2020. references to it. The appendix appears Items, Including Commercially Available Off-The-Shelf (COTS) Items Kim Herrington, in the version of the FAR currently Acting Principal Director, Defense Pricing available online at https:// This rule amends the FAR to delete and Contracting, Department of Defense. www.acquisition.gov/browse/index/far. references to ‘‘the appendix’’ in the FAR The original purpose of the appendix Jeffrey A. Koses, ‘‘loose-leaf.’’ The amendments are was to provide an easy way for readers administrative in nature and do not Senior Procurement Executive/Deputy CAO, to read the Cost Accounting Standards Office of Acquisition Policy, U.S. General change the applicability or the text of (CAS) Board regulations at 48 CFR Services Administration. any FAR solicitation provisions or chapter 99, that are heavily referenced contract clauses. William G. Roets, II, in FAR part 30. That is no longer Acting Assistant Administrator, Office of necessary. Users are able to access 48 IV. Executive Orders 12866 and 13563 Procurement, National Aeronautics and CFR chapter 99 easily online at the Executive Orders (E.O.s) 12866 and Space Administration. electronic Code of Federal Regulation 13563 direct agencies to assess all costs [FR Doc. 2020–21694 Filed 10–22–20; 8:45 am] (eCFR) website (https://www.ecfr.gov). and benefits of available regulatory BILLING CODE 6820–EP–P The CAS Board regulations no longer alternatives and, if regulation is
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necessary, to select regulatory 1.105–1 Publication and code 30.201–2 [Amended] approaches that maximize net benefits arrangement. ■ 12. Amend section 30.201–2 by (including potential economic, (a) The FAR is published in— removing ‘‘(FAR appendix)’’. environmental, public health and safety (1) The daily issue of the Federal 30.201–3 [Amended] effects, distributive impacts, and Register; equity). E.O. 13563 emphasizes the (2) Cumulated form in the Code of ■ 13. Amend section 30.201–3 by— ■ importance of quantifying both costs Federal Regulations (CFR); and a. Removing from paragraph (a) ‘‘(FAR and benefits, of reducing costs, of appendix)’’; (3) A separate edition available at harmonizing rules, and of promoting ■ b. Removing from paragraph (b) https://www.acquisition.gov/browse/ flexibility. This is not a significant ‘‘(FAR appendix)’’ twice; and index/far. regulatory action and, therefore, was not ■ c. Removing from paragraph (c) ‘‘(FAR subject to review under section 6(b) of * * * * * Appendix)’’. E.O. 12866, Regulatory Planning and 1.201–1 [Amended] 30.201–4 [Amended] Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. ■ 3. Amend section 1.201–1 in ■ 14. Amend section 30.201–4 by— ■ 804. paragraph (e)(6) by removing ‘‘and a. Removing from paragraph (a)(1) printing for distribution’’. ‘‘(FAR appendix)’’ twice; V. Executive Order 13771 ■ b. Removing from paragraph (a)(2) 1.201–2 [Amended] ‘‘(FAR appendix)’’; This rule is not subject to E.O. 13771, ■ c. Removing from paragraph (b)(1) ■ 4. Amend section 1.201–2 in Reducing Regulation and Controlling ‘‘(FAR Appendix)’’; Regulatory Costs, because this rule is paragraph (a) by removing ‘‘print, ■ d. Removing from paragraph (b)(2) not a significant regulatory action under publish,’’ and ‘‘loose-leaf’’ and adding ‘‘(FAR appendix)’’; E.O. 12866. ‘‘publish’’ and ‘‘separate online’’ in their ■ e. Removing from paragraph (e)(1) places, respectively. ‘‘(FAR appendix)’’ three times; and VI. Regulatory Flexibility Act ■ 1.402 [Amended] f. Removing from paragraph (e)(2) Because a notice of proposed ‘‘(FAR appendix)’’ twice. rulemaking and an opportunity for ■ 5. Amend section 1.402 by removing 30.201–5 [Amended] public comment are not required to be ‘‘Chapter 99 (FAR Appendix)’’ and given for this rule under 41 U.S.C. adding ‘‘chapter 99’’ in its place. ■ 15. Amend section 30.201–5 in 1701(a)(1) (see section II of this paragraph (d) by removing ‘‘(FAR PART 15—CONTRACTING BY preamble), the analytical requirements Appendix)’’. NEGOTIATION of the Regulatory Flexibility Act (5 30.201–6 [Amended] U.S.C. 601 et seq.) are not applicable. 15.404–1 [Amended] Accordingly, no regulatory flexibility ■ 16. Amend section 30.201–6 by analysis is required and none has been ■ 6. Amend section 15.404–1 in removing ‘‘(FAR appendix)’’. prepared. paragraph (c)(2)(iv) by removing ‘‘Chapter 99 (Appendix to the FAR 30.201–7 [Amended] VII. Paperwork Reduction Act looseleaf edition)’’ and adding ‘‘chapter ■ 17. Amend section 30.201–7 by 99’’ in its place. removing ‘‘(FAR appendix)’’. The rule does not contain any information collection requirements that PART 28—BONDS AND INSURANCE 30.202–1 [Amended] require the approval of the Office of ■ 18. Amend section 30.202–1 by Management and Budget under the 28.301 [Amended] removing ‘‘(FAR appendix)’’. Paperwork Reduction Act (44 U.S.C. ■ 7. Amend section 28.301 in paragraph 30.202–2 [Amended] chapter 35). (a)(1) by removing ‘‘48 CFR 9004.416 List of Subjects in 48 CFR Parts 1, 15, (appendix B, FAR loose-leaf edition)’’ ■ 19. Amend section 30.202–2 by 28, 30, 42, and 44 and adding ‘‘48 CFR 9004.416’’ in its removing ‘‘(FAR appendix)’’. place. Government procurement. 30.202–3 [Amended] PART 30—COST ACCOUNTING ■ 20. Amend section 30.202–3 by William F. Clark, STANDARDS ADMINISTRATION removing ‘‘(FAR appendix)’’. Director, Office of Government-wide Acquisition Policy, Office of Acquisition 30.000 [Amended] 30.202–4 [Amended] Policy, Office of Government-wide Policy. ■ ■ 8. Amend section 30.000 by removing 21. Amend section 30.202–4 by Therefore, DoD, GSA, and NASA ‘‘(FAR appendix)’’ twice. removing ‘‘(FAR appendix)’’. amend 48 CFR parts 1, 15, 28, 30, 42, 30.202–5 [Amended] and 44 as set forth below: 30.101 [Amended] ■ ■ 22. Amend section 30.202–5 by ■ 1. The authority citation for 48 CFR 9. Amend section 30.101 by removing removing ‘‘(FAR appendix)’’. parts 1, 15, 28, 30, 42, and 44 continues paragraphs (c) and (d). 30.202–6 [Amended] to read as follows: 30.201 [Amended] Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ 23. Amend section 30.202–6 in ■ chapter 137; and 51 U.S.C. 20113. 10. Amend section 30.201 by paragraph (a) by removing ‘‘(FAR removing ‘‘(FAR appendix)’’ twice. appendix)’’. PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 30.201–1 [Amended] 30.202–7 [Amended] ■ 11. Amend section 30.201–1 in ■ 24. Amend section 30.202–7 in ■ 2. Amend section 1.105–1 by revising paragraph (a) by removing ‘‘(FAR paragraph (a) introductory text by paragraph (a) to read as follows: appendix)’’. removing ‘‘(FAR Appendix)’’.
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30.202–8 [Amended] SUMMARY: DoD, GSA, and NASA are Therefore, DoD, GSA, and NASA are ■ 25. Amend section 30.202–8 in issuing a final rule to amend the Federal removing these redundant, obsolete paragraph (b) by removing ‘‘(FAR Acquisition Regulation (FAR) to remove definitions from the FAR. appendix)’’. the definitions of the terms ‘‘annual Currently, the term ‘‘affiliates’’ only receipts’’ and ‘‘number of employees’’ in appears in the definitions of ‘‘annual Subpart 30.3 [Amended] the regulations regarding small business receipts’’ and ‘‘number of employees’’ in programs and to move the definition of FAR 19.101; it is not used anywhere ■ 26. Amend subpart 30.3 by removing ‘‘affiliates,’’ as used with regard to small else in part 19. Upon the removal of from the note ‘‘(FAR appendix)’’. business size determination, to those definitions from FAR 19.101, appropriate locations in the FAR. ‘‘affiliates’’ will no longer be used in Subpart 30.4 [Amended] DATES: Effective: November 23, 2020. FAR part 19. As such, the definition is no longer required in section 19.101. ■ FOR FURTHER INFORMATION CONTACT: Ms. 27. Amend subpart 30.4 by removing However, since the term is used in Mahruba Uddowla, Procurement from the note ‘‘(FAR appendix)’’. multiple other locations in the FAR, the Analyst, at 703–605–2868 or by email at definition for ‘‘affiliates,’’ as used with Subpart 30.5 [Amended] [email protected] for regard to small business size clarification of content. For information determination, will be moved to these ■ 28. Amend subpart 30.5 by removing pertaining to status or publication locations. from the note ‘‘(FAR appendix)’’. schedules, contact the Regulatory II. Discussion and Analysis 30.602 [Amended] Secretariat Division at 202–501–4755. Please cite FAC 2021–02, FAR Case ■ Subpart 19.1, Size Standards, is 29. Amend section 30.602 in 2020–002. amended to remove the definitions of paragraph (a) by removing ‘‘(FAR SUPPLEMENTARY INFORMATION: ‘‘annual receipts’’ and ‘‘number of Appendix)’’. I. Background employees.’’ As explained in section I of PART 42—CONTRACT this preamble, these definitions are not DoD, GSA, and NASA are amending necessary for contracting officers since ADMINISTRATION AND AUDIT the FAR to remove the definitions of SERVICES SBA determines small business size ‘‘annual receipts’’ and ‘‘number of standards, as well as whether a specific 42.302 [Amended] employees’’ at FAR 19.101. These business is small under those standards. definitions unnecessarily duplicate the ■ Subpart 19.1 is also amended to remove 30. Amend section 42.302 in Small Business Administration (SBA) paragraph (a)(11) by removing ‘‘Chapter the definition of ‘‘affiliates’’ since the regulation at 13 CFR part 121. In term will no longer be used in the 99 (FAR Appendix)’’ and adding addition, these definitions in the FAR ‘‘chapter 99’’ in its place. subpart. are outdated, following the publication Instead, the definition of ‘‘affiliates’’ PART 44—SUBCONTRACTING of SBA’s final rule at 84 FR 66561 on is being incorporated into the POLICIES AND PROCEDURES December 5, 2019. definitions of ‘‘small business concern’’ SBA’s final rule amended 13 CFR part at FAR part 2, FAR provisions 52.212– 44.305–3 [Amended] 121 to implement Public Law 115–324 3 and 52.219–1, and FAR clauses (the ‘‘Small Business Runway Extension ■ 31. Amend section 44.305–3 in 52.219–6, 52.219–7, and 52.219–28, Act of 2018’’), which amended section paragraph (a)(2) by removing which is where the term ‘‘affiliates’’ is 3(a)(2)(C)(ii)(II) of the Small Business ‘‘(Appendix B, FAR loose-leaf edition’’. used with regard to small business size Act (15 U.S.C. 632(a)(2)(C)(ii)(II)) to determination. [FR Doc. 2020–21695 Filed 10–22–20; 8:45 am] modify the requirements for proposed BILLING CODE 6820–ep–P small business size standards. SBA’s III. Publication of This Final Rule for final rule modifies its method for Public Comment Is Not Required by calculating average annual receipts used Statute DEPARTMENT OF DEFENSE to prescribe size standards for small The statute that applies to the GENERAL SERVICES businesses by changing the calculation publication of the FAR is the Office of ADMINISTRATION of average annual receipts for all of Federal Procurement Policy statute SBA’s receipts-based size standards, and (codified at title 41 of the United States NATIONAL AERONAUTICS AND for other agencies’ proposed receipts- Code). Specifically, 41 U.S.C. 1707(a)(1) SPACE ADMINISTRATION based size standards, from a 3-year requires that a procurement policy, averaging period to a 5-year averaging regulation, procedure, or form 48 CFR Parts 2, 9, 19, and 52 period. SBA has independent statutory (including an amendment or authority to issue size standards. modification thereof) must be published [FAC 2021–02; FAR Case 2020–002; Item While the definitions of ‘‘annual for public comment if it relates to the II; Docket No. FAR–2020–0002; Sequence receipts’’ and ‘‘number of employees’’ expenditure of appropriated funds, and No. 1] are listed in part 19 of the FAR, they are has either a significant effect beyond the not necessary for contracting officers, as internal operating procedures of the RIN 9000–AO05 SBA has sole responsibility for agency issuing the policy, regulation, prescribing how these terms are used to procedure, or form, or has a significant Federal Acquisition Regulation: determine small business size. The cost or administrative impact on Removal of Obsolete Definitions contracting officer’s responsibility is to contractors or offerors. While this final AGENCY: Department of Defense (DoD), select the applicable North American rule relates to the expenditure of General Services Administration (GSA), Industry Classification Standards appropriated funds, it is not required to and National Aeronautics and Space (NAICS) code and size standard for a be published for public comment, Administration (NASA). given acquisition and to verify that a because it does not have a significant business concern has represented its effect or impose any requirements on ACTION: Final rule. business size for the acquisition. contractors or offerors. The rule removes
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two definitions that unnecessarily Paperwork Reduction Act (44 U.S.C. one of whom directly or indirectly duplicate SBA’s regulation and moves chapter 35). controls or has the power to control the another definition from one part of the others, or a third party or parties control List of Subjects in 48 CFR Parts 2, 9, 19, FAR to other parts where the term being or have the power to control the others. and 52 defined is actually used. In determining whether affiliation Government procurement. exists, consideration is given to all IV. Applicability to Contracts at or appropriate factors including common Below the Simplified Acquisition William F. Clark, ownership, common management, and Threshold (SAT) and for Commercial Director, Office of Government-wide contractual relationships. SBA Items, Including Commercially Acquisition Policy, Office of Acquisition determines affiliation based on the Available Off-The-Shelf (COTS) Items Policy, Office of Government-wide Policy. factors set forth at 13 CFR 121.103. Therefore, DoD, GSA, and NASA This rule amends the FAR to remove * * * * * the definitions of ‘‘annual receipts’’ and amend 48 CFR parts 2, 9, 19, and 52 as ‘‘number of employees’’ at section set forth below: PART 9—CONTRACTOR 19.101, as well as moving the definition ■ 1. The authority citation for 48 CFR QUALIFICATIONS of ‘‘affiliates,’’ as used with regard to parts 2, 9, 19, and 52 continues to read small business size determination, from as follows: 9.104–3 [Amended] 19.101 to other locations in the FAR Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ 3. Amend section 9.104–3 by where the term is actually used. This chapter 137; and 51 U.S.C. 20113. removing from the first sentence of rule does not change the applicability or paragraph (c) ‘‘Affiliates in 19.101’’ and the text of any FAR solicitation PART 2—DEFINITIONS OF WORDS adding ‘‘Small business concern in provisions or contract clauses. AND TERMS 2.101’’ in its place. V. Executive Orders 12866 and 13563 ■ 2. Amend section 2.101 in paragraph PART 19—SMALL BUSINESS Executive Orders (E.O.s) 12866 and (b)(2) by— PROGRAMS 13563 direct agencies to assess all costs ■ a. In the definition ‘‘Affiliates’’: and benefits of available regulatory ■ i. Removing from paragraph (1) ‘‘For 19.101 [Removed and Reserved] alternatives and, if regulation is the use in subpart 9.4’’ and adding ‘‘For ■ 4. Remove and reserve section 19.101. necessary, to select regulatory use in subpart 9.4’’ in its place; and approaches that maximize net benefits ■ ii. Revising paragraph (2); and PART 52—SOLICITATION PROVISIONS (including potential economic, ■ b. Revising the definition ‘‘Small AND CONTRACT CLAUSES environmental, public health and safety business concern’’. effects, distributive impacts, and The revisions read as follows: ■ 5. Amend section 52.212–3 by— ■ equity). E.O. 13563 emphasizes the 2.101 Definitions. a. Revising the date of the provision; importance of quantifying both costs and * * * * * ■ b. In paragraph (a), revising the and benefits, of reducing costs, of Affiliates *** harmonizing rules, and of promoting (2) For use of affiliates in size definition ‘‘Small business concern’’. flexibility. This is not a significant determinations, see the definition of The revisions read as follows: regulatory action and, therefore, was not ‘‘small business concern’’ in this subject to review under Section 6(b) of 52.212–3 Offeror Representations and section. Certifications—Commercial Items. E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This * * * * * * * * * * rule is not a major rule under 5 U.S.C. Small business concern— (1) Means a concern, including its Offeror Representations and Certifications— 804. Commercial Items (Nov 2020) affiliates, that is independently owned VI. Executive Order 13771 and operated, not dominant in the field * * * * * of operation in which it is bidding on (a) * * * This final rule is not subject to E.O. Small business concern— 13771, Reducing Regulation and Government contracts, and qualified as (1) Means a concern, including its Controlling Regulatory Costs, because a small business under the criteria and affiliates, that is independently owned and this rule is not a significant regulatory size standards in 13 CFR part 121 (see operated, not dominant in the field of action under E.O. 12866. 19.102). Such a concern is ‘‘not operation in which it is bidding on dominant in its field of operation’’ when Government contracts, and qualified as a VII. Regulatory Flexibility Act it does not exercise a controlling or small business under the criteria in 13 CFR The Regulatory Flexibility Act (5 major influence on a national basis in a part 121 and size standards in this U.S.C. 601 et seq.) does not apply to this kind of business activity in which a solicitation. number of business concerns are (2) Affiliates, as used in this definition, rule, because a notice of proposed means business concerns, one of whom rulemaking and an opportunity for primarily engaged. In determining directly or indirectly controls or has the public comment are not required to be whether dominance exists, power to control the others, or a third party given for this rule under 41 U.S.C. consideration must be given to all or parties control or have the power to 1707(a)(1) (see section III. of this appropriate factors, including volume of control the others. In determining whether preamble). Accordingly, no regulatory business, number of employees, affiliation exists, consideration is given to all flexibility analysis is required and none financial resources, competitive status appropriate factors including common has been prepared. or position, ownership or control of ownership, common management, and materials, processes, patents, license contractual relationships. SBA determines VIII. Paperwork Reduction Act agreements, facilities, sales territory, affiliation based on the factors set forth at 13 CFR 121.103. The rule does not contain any and nature of business activity. (See 15 information collection requirements that U.S.C. 632.) * * * * * require the approval of the Office of (2) Affiliates, as used in this ■ 6. Amend section 52.212–5 by— Management and Budget under the definition, means business concerns, ■ a. Revising the date of the clause;
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■ b. Removing from paragraph (b)(14)(i) small business under the size standards in determining whether dominance exists, ‘‘(MAR 2020)’’ and adding ‘‘(NOV this solicitation. consideration shall be given to all 2020)’’ in its place; (2) Affiliates, as used in paragraph (a)(1) of appropriate factors, including volume of ■ c. Removing from paragraph (b)(15)(i) this clause, means business concerns, one of business, number of employees, financial whom directly or indirectly controls or has resources, competitive status or position, ‘‘(MAR 2020)’’ and adding ‘‘(NOV the power to control the others, or a third ownership or control of materials, processes, 2020)’’ in its place; and party or parties control or have the power to patents, license agreements, facilities, sales ■ d. Removing from paragraph (b)(22)(i) control the others. In determining whether territory, and nature of business activity. ‘‘(MAY 2020)’’ and adding ‘‘(NOV affiliation exists, consideration is given to all (2) Affiliates, as used in this definition, 2020)’’ in its place. appropriate factors including common means business concerns, one of whom The revision reads as follows: ownership, common management, and directly or indirectly controls or has the contractual relationships. SBA determines power to control the others, or a third party 52.212–5 Contract Terms and Conditions affiliation based on the factors set forth at 13 or parties control or have the power to Required To Implement Statutes or CFR 121.103. control the others. In determining whether Executive Orders—Commercial Items. * * * * * affiliation exists, consideration is given to all appropriate factors including common * * * * * ■ 9. Amend section 52.219–7 by ownership, common management, and Contract Terms and Conditions Required To revising the date of the clause and contractual relationships. SBA determines Implement Statutes or Executive Orders— paragraph (a) to read as follows: affiliation based on the factors set forth at 13 Commercial Items (Nov 2020) CFR 121.103. * * * * * 52.219–7 Notice of Partial Small Business Set-Aside. * * * * * ■ 7. Amend section 52.219–1 by— [FR Doc. 2020–21696 Filed 10–22–20; 8:45 am] * * * * * ■ a. Revising the date of the provision; BILLING CODE 6820–EP–P and Notice of Partial Small Business Set-Aside ■ b. In paragraph (a), revising the (Nov 2020) definition ‘‘Small business concern’’. (a) Definition. Small business concern, as DEPARTMENT OF DEFENSE The revisions read as follows: used in this clause— (1) Means a concern, including its GENERAL SERVICES 52.219–1 Small Business Program affiliates, that is independently owned and ADMINISTRATION Representations. operated, not dominant in the field of * * * * * operation in which it is bidding on NATIONAL AERONAUTICS AND Government contracts, and qualified as a SPACE ADMINISTRATION Small Business Program Representations small business under the size standards in (Nov 2020) this solicitation. 48 CFR Part 8 (a) * * * (2) Affiliates, as used in paragraph (a)(1) of Small business concern— this clause, means business concerns, one of (1) Means a concern, including its whom directly or indirectly controls or has [FAC 2021–02; FAR Case 2019–019; Item affiliates, that is independently owned and the power to control the others, or a third III; Docket No. FAR 2019–0019, Sequence operated, not dominant in the field of party or parties control or have the power to No. 1] operation in which it is bidding on control the others. In determining whether Government contracts, and qualified as a affiliation exists, consideration is given to all RIN 9000–AO02 small business under the criteria in 13 CFR appropriate factors including common part 121 and the size standard in paragraph ownership, common management, and Federal Acquisition Regulation: (b) of this provision. contractual relationships. SBA determines Update to Excess Personal Property (2) Affiliates, as used in this definition, affiliation based on the factors set forth at 13 means business concerns, one of whom CFR 121.103. Procedures directly or indirectly controls or has the * * * * * AGENCY: Department of Defense (DoD), power to control the others, or a third party ■ General Services Administration (GSA), or parties control or have the power to 10. Amend section 52.219–28 by— ■ control the others. In determining whether a. Revising the date of the clause; and and National Aeronautics and Space ■ affiliation exists, consideration is given to all b. In paragraph (a), revising the Administration (NASA). appropriate factors including common definition ‘‘Small business concern’’. ACTION: Final rule. ownership, common management, and The revisions read as follow: contractual relationships. SBA determines SUMMARY: DoD, GSA, and NASA are affiliation based on the factors set forth at 13 52.219–28 Post-Award Small Business issuing a final rule to amend the Federal Program Rerepresentation. CFR 121.103. Acquisition Regulation (FAR) to update * * * * * * * * * * internal Government procedures on how ■ 8. Amend section 52.219–6 by Post-Award Small Business Program agencies can locate excess personal revising the date of the clause and Rerepresentation (Nov 2020) property and to remove obsolete paragraph (a) to read as follows: (a) * * * requirements. Small business concern— DATES: Effective: November 23, 2020. 52.219–6 Notice of Total Small Business (1) Means a concern, including its Set-Aside. affiliates, that is independently owned and FOR FURTHER INFORMATION CONTACT: Ms. * * * * * operated, not dominant in the field of Mahruba Uddowla, Procurement operation in which it is bidding on Analyst, at 703–605–2868, or by email Notice of Total Small Business Set-Aside Government contracts, and qualified as a at [email protected] for (Nov 2020) small business under the criteria in 13 CFR clarification of content. For information (a) Definition. Small business concern, as part 121 and the size standard in paragraph pertaining to status or publication used in this clause— (d) of this clause. Such a concern is ‘‘not schedules, contact the Regulatory (1) Means a concern, including its dominant in its field of operation’’ when it Secretariat Division at 202–501–4755 or affiliates, that is independently owned and does not exercise a controlling or major operated, not dominant in the field of influence on a national basis in a kind of [email protected]. Please cite FAC operation in which it is bidding on business activity in which a number of 2021–02, FAR Case 2019–019. Government contracts, and qualified as a business concerns are primarily engaged. In SUPPLEMENTARY INFORMATION:
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I. Background regional offices. Instead, the rule This rule is not a major rule under 5 DoD, GSA, and NASA are amending identifies the website through which U.S.C. 804. agencies can find information on the FAR to update internal Government V. Executive Order 13771 available excess personal property. procedures related to excess personal This final rule is not subject to E.O. property and to remove obsolete Additionally, this rule updates the name of the offices handling excess personal 13771, Reducing Regulation and requirements. FAR part 2 defines controlling Regulatory Costs, because ‘‘excess personal property’’ to mean any property within GSA and provides a website containing contact information this rule is not a significant regulatory personal property under the control of action under E.O. 12866. a Federal agency that the agency head for those offices. determines is not required for its needs II. Applicability to Contracts at or VI. Regulatory Flexibility Act or for the discharge of its Below the Simplified Acquisition Because a notice of proposed responsibilities. Excess personal Threshold (SAT) and for Commercial rulemaking and an opportunity for property is a mandatory source of Items, Including Commercially public comment are not required to be supply for Federal agencies (see FAR Available Off-The-Shelf (COTS) Items given for this rule under 41 U.S.C. 8.002). Agencies are required to satisfy This rule simply removes and updates 1707(a)(1) (see section III. of this their requirements for supplies from the obsolete guidance that is used solely for preamble), the analytical requirements excess personal property of other the internal operating procedures of the of the Regulatory Flexibility Act (5 agencies, when practicable, before Government. This rule does not impose U.S.C. 601 et seq.) are not applicable. initiating a contract action. This rule any new requirements on contracts at or Accordingly, no regulatory flexibility updates FAR guidance on obtaining below the SAT, or to acquisitions for analysis is required, and none has been information about available excess commercial items, including COTS prepared. personal property to reflect the current items. processes and sources established by VII. Paperwork Reduction Act GSA Federal Acquisition Service’s III. Publication of This Final Rule for This rule does not contain any Office of Personal Property Management Public Comment Is Not Required by information collection requirements that (PPMO), which helps agencies dispose Statute require the approval of the Office of of personal property that is no longer The statutory provision that applies to Management and Budget under the needed and alternately helps agencies the publication of the FAR is 41 U.S.C. Paperwork Reduction Act (44 U.S.C. acquire this excess personal property. 1707. Specifically, 41 U.S.C. 1707(a)(1) chapter 35). Federal policy and procedures requires that a procurement policy, List of Subjects in 48 CFR Part 8 relating to excess personal property are regulation, procedure or form (including found in the Federal Management an amendment or modification thereof) Government procurement. Regulations at 41 CFR part 102–36. FAR must be published for public comment William F. Clark, subpart 8.1, Excess Personal Property, if it relates to the expenditure of Director, Office of Government-wide contains information to ensure the appropriated funds, and has either a Acquisition Policy, Office of Acquisition acquisition workforce is aware of the significant effect beyond the internal Policy, Office of Government-wide Policy. Government’s policies on the use of operating procedures of the agency Therefore, DoD, GSA, and NASA excess personal property and provides issuing the policy, regulation, amend 48 CFR part 8 as set forth below: the workforce with references to find procedure, or form, or has a significant more information about excess personal cost or administrative impact on PART 8—REQUIRED SOURCES OF property. contractors or offerors. This final rule is SUPPLIES AND SERVICES FAR subpart 8.1 has not been not required to be published for public substantively amended since its original comment, because DoD, GSA, and ■ 1. The authority citation for 48 CFR publication in 1983. As a result, the NASA are merely removing and part 8 continues to read as follows: subpart reflects outdated and obsolete updating obsolete information in the Authority: 40 U.S.C. 121(c); 10 U.S.C. procedures, such as agencies having to FAR that is used solely for the internal chapter 137; and 51 U.S.C. 20113. submit GSA Form 1539, Request for operating procedures of the Excess Personal Property, to get Government. 8.102 [Amended] information on the availability of excess IV. Executive Orders 12866 and 13563 ■ 2. Amend section 8.102 by removing personal property; the GSA Form 1539 the word ‘‘must’’ twice and adding was discontinued in 1997. Similarly, Executive Orders (E.O.s) 12866 and ‘‘shall’’ in their places, respectively. 13563 direct agencies to assess all costs agencies can no longer look at ‘‘reports ■ 3. Revise section 8.103 to read as and benefits of available regulatory and samples’’ of excess personal follows: property in GSA regional offices or at alternatives and, if regulation is excess personal property ‘‘catalogs and necessary, to select regulatory 8.103 Information on available excess bulletins’’ issued by GSA. approaches that maximize net benefits personal property. Based on input from the PPMO, FAR (including potential economic, Information regarding the availability subpart 8.1 is amended to reflect current environmental, public health and safety of excess personal property can be practices for making excess personal effects, distributive impacts, and obtained through— property information available to equity). E.O. 13563 emphasizes the (a) Reviewing and requesting agencies (i.e., GSAXcess®) and how importance of quantifying both costs available excess personal property in agencies can contact the PPMO. and benefits, of reducing costs, of GSAXcess® (see https://gsaxcess.gov); Specifically, this rule removes harmonizing rules, and of promoting and references to catalogs and bulletins flexibility. This rule is not a significant (b) Personal contact with GSA or the issued by GSA, the use of a regulatory action and therefore, this rule activity holding the property. discontinued GSA form, and the ability was not subject to the review of the ■ 4. Amend section 8.104 by— to the examine reports and samples of Office of Information and Regulatory ■ a. Removing ‘‘102–36.90’’ and excess personal property in GSA Affairs under section 6(b) of E.O. 12866. ‘‘regional office’’ and adding ‘‘102–
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36.220’’ and ‘‘Personal Property ‘‘Covered funds’’ is defined in 10 10 U.S.C. 983 would be considered Management office’’ in their places, U.S.C. 983 to be any funds made insufficient if the policy results in a respectively. available for DoD, Department of greater level of access for other ■ b. Adding a sentence at the end of the Transportation, Department of recruiters than for the military. section. Homeland Security, or National Nuclear The statute provides an exception The addition reads as follows: Security Administration of the whereby any Federal funding provided 8.104 Obtaining nonreportable property. Department of Energy, the Central to an institution of higher education or Intelligence Agency, or for any to an individual that is available solely * * * Visit www.gsa.gov/ppmo for department or agency in which regular for student financial assistance, related contact information. appropriations are made in the administrative costs, or costs associated [FR Doc. 2020–21697 Filed 10–22–20; 8:45 am] Departments of Labor, Health and with attendance may be used for the BILLING CODE 6820–EP–P Human Services, Education, and purpose for which the funding is Related Agencies Appropriations Act. provided. None of these covered funds may be Four respondents submitted DEPARTMENT OF DEFENSE provided by contract or grant to an comments on the proposed rule. institution of higher education GENERAL SERVICES (including any sub-element of such II. Discussion and Analysis ADMINISTRATION institution) that has a policy or practice The Civilian Agency Acquisition (regardless of when implemented) that Council and the Defense Acquisition NATIONAL AERONAUTICS AND either prohibits, or in effect prevents, Regulations Council (the Councils) SPACE ADMINISTRATION the Secretary of Defense from reviewed the public comments in the establishing or operating a Senior ROTC development of the final rule. A 48 CFR Parts 9, 12, 13, 43, and 52 at that institution (or any sub-element of discussion of the comments is provided [FAC 2021–02; FAR Case 2018–021; Item that institution); or that either prohibits, as follows: IV; Docket FAR–2019–0031, Sequence No. 1] or in effect prevents, a student at that A. Summary of Changes RIN 9000–AN79 institution (or any sub-element of that institution) from enrolling in a ROTC There are no changes as a result of Federal Acquisition Regulation: unit at another institution of higher comments on the proposed rule. Reserve Officer Training Corps and education. Technical changes were made to the Military Recruiting on Campus The statute has similar sanctions proposed rule. against these covered funds being AGENCY: Department of Defense (DoD), provided to an institution of higher B. Analysis of Public Comments General Services Administration (GSA), education (or any sub-element of an Comment: All four respondents and National Aeronautics and Space institution) that has a policy or practice strongly supported the proposed FAR Administration (NASA). (regardless of when implemented) that rule. ACTION: Final rule. either prohibits, or in effect prevents, Response: Noted. the Secretary of a Military Department SUMMARY: DoD, GSA, and NASA are C. Other Changes or Secretary of Homeland Security from issuing a final rule amending the gaining access to campuses, or access to Made technical changes at FAR Federal Acquisition Regulation (FAR) to students (who are 17 years of age or 9.405–1, 12.503, and 13.005. implement the United States Code older) on campuses, for purposes of Added language at FAR 9.110–4(b) section that prohibits the award of military recruiting, where such policy or and 43.105(c) to highlight that the certain Federal contracts to institutions practice denies the military recruiter prohibition does not apply to of higher education that prohibit access that is at least equal in quality acquisitions at or below the simplified Reserve Officer Training Corps units or and scope to the access to campuses and acquisition threshold or to acquisitions military recruiting on campus. students provided to any other of commercial items, including DATES: Effective: November 23, 2020. employer; or access to information commercially available off-the-shelf FOR FURTHER INFORMATION CONTACT: Ms. pertaining to the students’ names, items. Zenaida Delgado, Procurement Analyst, addresses, telephone listings, dates and Included an exception for contractors at 202–969–7207 or zenaida.delgado@ places of birth, levels of education, that have been declared ineligible gsa.gov for clarification of content. For academic majors, degrees received, and pursuant to 10 U.S.C. 983 with a pointer information pertaining to status or the most recent educational institution reference to FAR 9.110 and 9.405–1(b), publication schedules, contact the enrolled in by the student. at FAR 9.400(b). Regulatory Secretariat Division at 202– The meaning and effect of the term Moved the ‘‘Institution of higher 501–4755 or [email protected]. ‘‘equal in quality and scope’’ was education’’ definition within the FAR Please cite FAC 2021–02, FAR Case explained in the U.S. Supreme Court clause at 52.209–14(a) to place the 2018–021. decision in Rumsfeld v. Forum for definitions in alphabetical order. SUPPLEMENTARY INFORMATION: Academic and Institutional Rights, Inc., III. Expected Impact of the Final Rule 126 S. Ct. 1297 (2006). The term means I. Background the same access to campus and students DoD, GSA, and NASA do not expect DoD, GSA, and NASA published a provided by the school to any other a cost impact on the public or proposed rule on September 24, 2019, at nonmilitary recruiters or employers institutions of higher learning or on the 84 FR 49974, to implement 10 U.S.C. receiving the most favorable access. The Government because covered agencies 983, which prohibits the award of focus is not on the content of a school’s already have regulations in place to certain Federal contracts with covered recruiting policy, but instead on the address their statutory responsibilities. funds to institutions of higher education result achieved by the policy and These agencies and the public will be that prohibit Reserve Officer Training compares the access provided military required to comply with the same Corps (ROTC) units or military recruiters to that provided other requirement, but the requirement will recruiting on campus. recruiters. Therefore, compliance with now be located in the FAR.
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IV. Applicability to Contracts at or Policy is charged with making the This rule is required to implement 10 Below the Simplified Acquisition decision whether it is in the best U.S.C 983, which prohibits the award of Threshold (SAT) and for Commercial interest of the Government to apply a certain Federal contracts to institutions of Items, Including Commercially provision of law to acquisitions of COTS higher education that prohibit ROTC units or military recruiting on campus. Available Off-The-Shelf (COTS) Items items in the FAR. As noted above with There were no significant issues raised by respect to section 1905, section 983 of DoD, GSA, and NASA do not intend the public in response to the initial title 10 does not impose civil or to apply the requirements of 10 U.S.C. regulatory flexibility analysis. criminal penalties. Nor does it refer to 983 at or below the simplified In Fiscal Year 2017, the Federal sections 1906 or 1907 of title 41. The Procurement Data System (FPDS) shows that acquisition threshold or to contracts for FAR Council and the Administrator for there were 345 awards to small organizations the acquisitions of commercial items. Federal Procurement Policy do not which are institutions of higher education, by A. Applicability to Contracts at or Below intend to make the requisite the following covered agencies: Department the Simplified Acquisition Threshold determinations. Therefore, this rule of Defense, Department of Labor, Department of Health and Human Services, Department Section 1905 of title 41 of the United does not apply to the acquisition of of Education, Department of Transportation, States Code 41 U.S.C. 1905 governs the commercial items, including COTS and Department of Homeland Security. The applicability of laws to contracts or items. This rule adds 10 U.S.C. 983 to National Nuclear Security Administration is subcontracts in amounts not greater the list at FAR 12.503 of laws not included in this number because the Department of Energy does not break out the than the simplified acquisition inapplicable to contracts for the acquisition of commercial items. The information. The Central Intelligence Agency threshold. It is intended to limit the is not included because it does not report in applicability of laws to such contracts or law is not added to the lists at FAR 12.504 (subcontracts) and 12.505 (COTS FPDS. These small organizations are small subcontracts. Section 1905 provides that entities under the Regulatory Flexibility Act if a provision of law contains criminal items), because the clause does not flow but are not small business concerns. There or civil penalties, specifically refers to down to subcontracts and is already will not be an impact on an institution of section 1905 and provides that the law inapplicable to the acquisition of COTS higher education as long as that institution shall nevertheless be applicable to items, because the Federal Government has no policies or practices in place that prohibit ROTC units or military recruiting on contracts or subcontracts below the does not buy COTS items from institutions of higher education. campuses. No institution of higher education simplified acquisition threshold, or if has been determined by the Secretary of the FAR Council makes a written V. Executive Orders 12866 and 13563 Defense to be ineligible based on this policy. determination that it is not in the best Executive Orders (E.O.s) 12866 and There are no reporting or recordkeeping interest of the Federal Government to 13563 direct agencies to assess all costs requirements. There is a compliance requirement; institutions of higher education exempt contracts or subcontracts at or and benefits of available regulatory below the simplified acquisition which have contracts with covered agencies alternatives and, if regulation is (defined in the FAR text) must not prohibit threshold, the law will apply to them. necessary, to select approaches that Section 1983 of title 10 does not contain ROTC units or military recruiting on campus. maximize net benefits (including This is not a new requirement. No increase criminal or civil penalties, nor expressly potential economic, environmental, in burden is intended. refer to section 1905 of title 41, and the public health and safety effects, There are no available alternatives to the FAR Council does not intend to make distributive impacts, and equity). E.O. rule to accomplish the desired objective of the requisite determination. Therefore, 13563 emphasizes the importance of the statute. this rule does not apply at or below the quantifying both costs and benefits, of Interested parties may obtain a copy simplified acquisition threshold. reducing costs, of harmonizing rules, of the FRFA from the Regulatory B. Applicability to Contracts for the and of promoting flexibility. This is not Secretariat Division. The Regulatory Acquisition of Commercial Items, a significant regulatory action and, Secretariat Division has submitted a Including COTS Items therefore, not subject to review under copy of the FRFA to the Chief Counsel section 6(b) of E.O. 12866, Regulatory for Advocacy of the Small Business Section 1906 of title 41 governs the Planning and Review, dated September Administration. applicability of laws to contracts for the 30, 1993. This rule is not a major rule acquisition of commercial items, and is VIII. Paperwork Reduction Act under 5 U.S.C. 804. intended to limit the applicability of The rule does not contain any laws to contracts for the acquisition of VI. Executive Order 13771 information collection requirements that commercial items. Section 1906 This rule is not subject to E.O. 13771, require the approval of the Office of provides that if a provision of law Reducing Regulation and Controlling Management and Budget under the contains criminal or civil penalties, Regulatory Costs, because this rule has Paperwork Reduction Act (44 U.S.C. specifically refers to section 1906 and a de minimis impact on the public (see Chapter 35). provides that it shall nevertheless be section III of this preamble). applicable to contracts for the This rule affects institutions of higher List of Subjects in 48 CFR Parts 9, 12, procurement of commercial items, or if education that receive Federal monies 13, 43, and 52 the FAR Council makes a written but that do not allow DoD’s ROTC and Government procurement. determination that it is not in the best military recruiting on campus. However, William F. Clark, interest of the Federal Government to the FAR Council is not aware of any exempt commercial item contracts, the institution that currently has such a Director, Office of Government-wide Acquisition Policy, Office of Acquisition provision of law will apply to contracts prohibition in place. for the acquisition of commercial items. Policy, Office of Government-wide Policy. Likewise, 41 U.S.C. 1907 governs the VII. Regulatory Flexibility Act Therefore, DoD, GSA, and NASA applicability of laws to COTS items, and DoD, GSA, and NASA have prepared amend 48 CFR parts 9, 12, 13, 43, and provides the same criteria for a Final Regulatory Flexibility Analysis 52 as set forth below: determining whether a provision of law (FRFA) consistent with the Regulatory ■ 1. The authority citation for 48 CFR applies to COTS items, except that the Flexibility Act, 5 U.S.C. 601, et seq. The parts 9, 12, 13, 43, and 52 continues to Administrator for Federal Procurement FRFA is summarized as follows: read as follows:
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Authority: 40 U.S.C. 121(c); 10 U.S.C. (i) Name, address, and telephone 9.405 [Amended] chapter 137; and 51 U.S.C. 20113. listings. ■ 4. Amend section 9.405 by removing PART 9—CONTRACTOR (ii) Date and place of birth, from paragraph (a) ‘‘(see 9.405–1(b)’’ QUALIFICATIONS educational level, academic majors, and adding ‘‘(see 9.405–1(a)(2)’’ in its degrees received, and the most recent place. ■ 2. Add sections 9.110 through 9.110– educational institution enrolled in by ■ 5. Revise section 9.405–1 to read as 5 to read as follows: the student. follows: (b) The prohibition in paragraph (a) of 9.110 Reserve Officer Training Corps and this section does not apply to an 9.405–1 Continuation of current contracts. military recruiting on campus. institution of higher education if the (a) Contractors debarred, suspended, 9.110–1 Definitions. Secretary of Defense determines that— or proposed for debarment. (1) Notwithstanding the debarment, (1) The institution has ceased the As used in this section— suspension, or proposed debarment of a Covered agency means— policy or practice described in contractor, agencies may continue (1) The Department of Defense; paragraph (a) of this section; or contracts or subcontracts in existence at (2) Any department or agency for (2) The institution has a long-standing which regular appropriations are made the time the contractor was debarred, policy of pacifism based on historical suspended, or proposed for debarment in a Department of Labor, Health and religious affiliation. Human Services, and Education, and unless the agency head directs Related Agencies Appropriations Act; 9.110–4 Procedures. otherwise. A decision as to the type of termination action, if any, to be taken (3) The Department of Homeland If the Secretary of Defense determines, Security; should be made only after review by pursuant to the procedures at 32 CFR agency contracting and technical (4) The National Nuclear Security part 216, that an institution of higher Administration of the Department of personnel and by counsel to ensure the education is ineligible to receive funds propriety of the proposed action. Energy; from a covered agency because of a (5) The Department of Transportation; (2) For contractors debarred, policy or practice described in 9.110– or suspended, or proposed for debarment, 3— (6) The Central Intelligence Agency. unless the agency head makes a written Institution of higher education means (a) The Secretary of Defense will determination of the compelling reasons an institution that meets the create an active exclusion record for the for doing so, ordering activities shall requirements of 20 U.S.C. 1001 and institution in the System for Award not— includes all sub-elements of such an Management; and (i) Place orders exceeding the institution. (b) A covered agency shall not solicit guaranteed minimum under indefinite offers from, award contracts to, or quantity contracts; 9.110–2 Authority. consent to subcontracts with the (ii) Place orders under Federal Supply This section implements 10 U.S.C. institution. The prohibition in this Schedule contracts, blanket purchase 983. paragraph (b) does not apply to agreements, or basic ordering acquisitions at or below the simplified agreements; or 9.110–3 Policy. (iii) Add new work, exercise options, acquisition threshold or to acquisitions (a) Except as provided in paragraph or otherwise extend the duration of of commercial items, including (b) of this section, 10 U.S.C. 983 current contracts or orders. commercially available off-the-shelf prohibits the covered agency from (b) Ineligible contractors. A covered items. providing funds by contract to an agency, as defined in 9.110–1, shall institution of higher education if the 9.110–5 Contract clause. terminate existing contracts and shall not place new orders or award new Secretary of Defense determines that the The contracting officer shall insert the institution has a policy or practice that contracts with contractors that have clause at 52.209–14, Reserve Officer been declared ineligible pursuant to 10 prohibits or in effect prevents— Training Corps and Military Recruiting (1) The Secretary of a military U.S.C. 983 (see 9.110), except for on Campus, in solicitations and department from maintaining, contracts at or below the simplified contracts that are expected to exceed the establishing, or operating a unit of the acquisition threshold or contracts for simplified acquisition threshold, with Senior Reserve Officer Training Corps the acquisition of commercial items. institutions of higher education, when (ROTC) at that institution; (2) A student at that institution from using funds from a covered agency. The PART 12—ACQUISITION OF enrolling in a unit of the Senior ROTC clause is not prescribed for solicitations COMMERCIAL ITEMS at another institution of higher and contracts using part 12 for the ■ 6. Amend section 12.503 by revising education; acquisition of commercial items. paragraphs (a)(1) through (9) to read as (3) The Secretary of a military ■ 3. Amend section 9.400 by revising follows: department or the Secretary of paragraph (b) to read as follows: Homeland Security from gaining access 12.503 Applicability of certain laws to 9.400 Scope of subpart. to campuses, or access to students (who Executive agency contracts for the are 17 years of age or older) on * * * * * acquisition of commercial items. campuses, for purposes of military (b) Although this subpart does cover (a) * * * recruiting in a manner that is at least the listing of ineligible contractors (1) 10 U.S.C. 983, Institutions of equal in quality and scope to the access (9.404) and the effect of this listing Higher Education that Prevent ROTC to campuses and to students that is (9.405(b)), it does not prescribe policies Access or Military Recruiting on provided to any other employer; or and procedures governing declarations Campus: Denial of Grants and Contracts (4) Military recruiters from accessing of ineligibility except for contractors from Department of Defense, certain information pertaining to that have been declared ineligible Department of Education, and Certain students (who are 17 years of age or pursuant to 10 U.S.C. 983 (see 9.110, Other Departments and Agencies (see older) enrolled at that institution: and 9.405–1(b)). 9.110).
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(2) 31 U.S.C. 1354(a), Limitation on Violate Arms Control Treaties or determines that the institution has a policy Use of Appropriated Funds for Agreements with the United States. (The or practice (regardless of when implemented) Contracts with Entities Not Meeting requirement at 22 U.S.C. 2593e(c)(3)(B) that prohibits or in effect prevents— Veterans’ Employment Reporting to provide a certification does not (1) The Secretary of a military department Requirements (see 22.1302). apply.) from maintaining, establishing, or operating (3) 41 U.S.C. 1708(e)(3), Minimum (7) 31 U.S.C. 1354(a), Limitation on a unit of the Senior Reserve Officer Training Response Time for Offers (see 5.203). Use of Appropriated Funds for Corps (ROTC) at that institution (or any sub- (4) 41 U.S.C. 2303(b), Policy on Contracts with Entities Not Meeting element of that institution); Personal Conflicts of Interest by Veterans’ Employment Reporting (2) A student at that institution (or any sub- Contractor Employees (see subpart Requirements (see 22.1302). element of that institution) from enrolling in 3.11). (8) 41 U.S.C. 8102(a)(1) (Drug-Free a unit of the Senior ROTC at another (5) 41 U.S.C. 3901(b) and 10 U.S.C. Workplace), except for individuals. institution of higher education; 2306(b), Contingent Fees (see 3.404). * * * * * (3) The Secretary of a military department (6) 41 U.S.C. 4706(d)(1) and 10 U.S.C. or the Secretary of Homeland Security from 2313(c)(1), GAO Access to Contractor PART 43—CONTRACT gaining access to campuses, or access to Employees, section 871 of Public Law MODIFICATIONS students (who are 17 years of age or older) 110–417 (see 52.214–26 and 52.215–2). on campuses, for purposes of military (7) 41 U.S.C. chapter 65, Contracts for ■ 8. Amend section 43.105 by adding recruiting; or Materials, Supplies, Articles, and paragraph (c) to read as follows: (4) Military recruiters from accessing, for Equipment Exceeding $10,000 (see purposes of military recruiting, the following subpart 22.6). 43.105 Availability of funds. information pertaining to students (who are (8) 41 U.S.C. chapter 81, Drug-Free * * * * * 17 years of age or older) enrolled at that Workplace (see 23.501). (c) In accordance with 10 U.S.C. 983, institution: (9) Section 806(a)(3) of Public Law do not provide funds by contract or (i) Name, address, and telephone listings. 102–190, as amended by sections 2091 contract modification, or make contract (ii) Date and place of birth, educational and 8105 of Public Law 103–355 (10 payments, to an institution of higher level, academic majors, degrees received, and U.S.C. 2302 note), Payment Protections education that has a policy or practice the most recent educational institution for Subcontractors and Suppliers (see of hindering Senior Reserve Officer enrolled in by the student. 28.106–6). Training Corps units or military (c) Exception. The limitation in paragraph * * * * * recruiting on campus as described at (b) of this clause does not apply to an 9.110. The prohibition in this paragraph institution of higher education if the PART 13—SIMPLIFIED ACQUISITION (c) does not apply to acquisitions at or Secretary of Defense determines that— PROCEDURES below the simplified acquisition (1) The institution has ceased the policy or threshold or to acquisitions of practice described in paragraph (b) of this ■ 7. Amend section 13.005 by revising commercial items, including clause; or paragraph (a) to read as follows: commercially available off-the-shelf (2) The institution has a long-standing policy of pacifism based on historical 13.005 List of laws inapplicable to items. religious affiliation. contracts and subcontracts at or below the simplified acquisition threshold. PART 52—SOLICITATION PROVISIONS (d) Notwithstanding any other clause of AND CONTRACT CLAUSES this contract, if the Secretary of Defense (a) The following laws are determines that the institution has violated inapplicable to all contracts and ■ 9. Add section 52.209–14 to read as the contract in paragraph (b) of this clause— subcontracts (if otherwise applicable to follows (1) The institution will be ineligible for subcontracts) at or below the simplified further payments under this and any other 52.209–14 Reserve Officer Training Corps acquisition threshold pursuant to 41 contracts with this agency and any other and Military Recruiting on Campus. U.S.C. 1905: covered agency, except for contracts at or (1) 10 U.S.C. 983, Institutions of As prescribed in 9.110–5, insert the below the simplified acquisition threshold or Higher Education that Prevent ROTC following clause: contracts for the acquisition of commercial Access or Military Recruiting on Reserve Officer Training Corps and Military items; and Campus: Denial of Grants and Contracts Recruiting on Campus (Nov 2020) (2) The Government will terminate this from Department of Defense, contract for default for the institution’s Department of Education, and Certain (a) Definitions. As used in this clause— Covered agency means— material failure to comply with the terms and Other Departments and Agencies (see (1) The Department of Defense; conditions of award. 9.110). (2) Any department or agency for which (2) 10 U.S.C. 2306(b) and 41 U.S.C. regular appropriations are made in a (End of clause) 3901(b) (contract clause regarding Department of Labor, Health and Human [FR Doc. 2020–21698 Filed 10–22–20; 8:45 am] contingent fees). Services; and Education, and Related BILLING CODE 6820–EP–P (3) 10 U.S.C. 2313 and 41 U.S.C. 4706 Agencies Appropriations Act; (authority to examine books and records (3) The Department of Homeland Security; of (contractors). (4) The National Nuclear Security (4) 10 U.S.C. 2402 and 41 U.S.C. 4704 Administration of the Department of Energy; (prohibition on limiting subcontractors (5) The Department of Transportation; or direct sales to the United States). (6) The Central Intelligence Agency. (5) 15 U.S.C. 631 note (HUBZone Act Institution of higher education means an institution that meets the requirements of 20 of 1997), except for 15 U.S.C. U.S.C. 1001 and includes all sub-elements of 657a(b)(2)(B), which is optional for the such an institution. agencies subject to the requirements of (b) Limitation on contract award. Except as the Act. provided in paragraph (c) of this clause, an (6) 22 U.S.C. 2593e, Measures Against institution of higher education is ineligible Persons Involved in Activities that for contract award if the Secretary of Defense
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DEPARTMENT OF DEFENSE III. Publication of This Final Rule for Management and Budget under the Public Comment Is Not Required by Paperwork Reduction Act (44 U.S.C. GENERAL SERVICES Statute chapter 35). ADMINISTRATION The statutory provision that applies to List of Subjects in 48 CFR Parts 10 and the publication of the FAR is 41 U.S.C. 12 NATIONAL AERONAUTICS AND 1707. Specifically, 41 U.S.C. 1707(a)(1) SPACE ADMINISTRATION requires that a procurement policy, Government procurement. regulation, procedure or form (including William F. Clark, 48 CFR Parts 10 and 12 an amendment or modification thereof) Director, Office of Government-wide must be published for public comment Acquisition Policy, Office of Acquisition [FAC 2021–02; FAR Case 2020–006; Item if it relates to the expenditure of Policy, Office of Government-wide Policy. V; Docket No. FAR–2020–0006, Sequence appropriated funds, and has either a No. 1] Therefore, DoD, GSA, and NASA significant effect beyond the internal amend 48 CFR parts 10 and 12 as set operating procedures of the agency forth below: RIN 9000–AO09 issuing the policy, regulation, procedure ■ 1. The authority citation for 48 CFR or form, or has a significant cost or Federal Acquisition Regulation: administrative impact on contractors or parts 10 and 12 continues to read as Documentation of Market Research offerors. This final rule is not required follows: to be published for public comment, Authority: 40 U.S.C. 121(c); 10 U.S.C. AGENCY: Department of Defense (DoD), because it addresses agency chapter 137; and 51 U.S.C. 20113. General Services Administration (GSA), documentation of market research. and National Aeronautics and Space These requirements affect only the PART 10—MARKET RESEARCH Administration (NASA). internal operating procedures of the 10.002 [Amended] ACTION: Final rule. Government. ■ 2. Amend section 10.002 by removing SUMMARY: DoD, GSA, and NASA are IV. Executive Orders 12866 and 13563 from paragraph (e) ‘‘Agencies should’’ issuing a final rule amending the Executive Orders (E.O.s) 12866 and and adding ‘‘The head of the agency Federal Acquisition Regulation (FAR) to 13563 direct agencies to assess all costs shall’’ in its place. implement a section of the National and benefits of available regulatory PART 12—ACQUISITION OF Defense Authorization Act for Fiscal alternatives and, if regulation is Year 2020 that requires the head of the necessary, to select regulatory COMMERCIAL ITEMS agency to document the results of approaches that maximize net benefits 12.101 [Amended] market research in a manner appropriate (including potential economic, ■ to the size and complexity of the environmental, public health and safety 3. Amend section 12.101 by removing acquisition. effects, distributive impacts, and from the introductory text ‘‘Agencies’’ and adding ‘‘The head of the agency’’ in DATES: equity). E.O. 13563 emphasizes the Effective: November 23, 2020. its place. FOR FURTHER INFORMATION CONTACT: Ms. importance of quantifying both costs [FR Doc. 2020–21699 Filed 10–22–20; 8:45 am] Camara Francis, Procurement Analyst, and benefits, of reducing costs, of at 202–550–0935 or camara.francis@ harmonizing rules, and of promoting BILLING CODE 6820–EP–P gsa.gov for clarification of content. For flexibility. This is not a significant regulatory action and, therefore, was not information pertaining to status or DEPARTMENT OF DEFENSE publication schedules, contact the subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Regulatory Secretariat Division at 202– GENERAL SERVICES Review, dated September 30, 1993. This 501–4755. Please cite FAC 2021–02, ADMINISTRATION FAR Case 2020–006. rule is not a major rule under 5 U.S.C. 804. SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND V. Executive Order 13771 SPACE ADMINISTRATION I. Background This rule is not subject to E.O. 13771, DoD, GSA, and NASA are issuing a because this rule is not a significant 48 CFR Parts 12, 29, and 52 final rule to implement section 818 of regulatory action under E.O. 12866. [FAC 2021–02; FAR Case 2018–023; Item the National Defense Authorization Act VI. Regulatory Flexibility Act VI; Docket No. FAR–2018–0023, Sequence for Fiscal Year 2020 (Pub. L. 116–92). No. 1] Section 818 amends 10 U.S.C. 2377(c) Because a notice of proposed and 41 U.S.C. 3307(d) to require the rulemaking and an opportunity for RIN 9000–AN81 head of the agency to document the public comment are not required to be Federal Acquisition Regulation: results of market research in a manner given for this rule under 41 U.S.C. Taxes—Foreign Contracts in appropriate to the size and complexity 1707(a)(1) (see section III. of this Afghanistan of the acquisition. preamble), the analytical requirements AGENCY: II. Discussion and Analysis of the Regulatory Flexibility Act (5 Department of Defense (DoD), U.S.C. 601 et seq.) are not applicable. General Services Administration (GSA), Paragraph (e) of FAR 10.002 currently Accordingly, no regulatory flexibility and National Aeronautics and Space states that agencies should document analysis is required, and none has been Administration (NASA). the results of market research in a prepared. ACTION: Final rule. manner appropriate to the size and complexity of the acquisition. The VII. Paperwork Reduction Act SUMMARY: DoD, GSA, and NASA are change will make this mandatory. The rule does not contain any issuing a final rule amending the Conforming changes were made to FAR information collection requirements that Federal Acquisition Regulation (FAR) to 12.101. require the approval of the Office of add two new clauses that notify
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contractors of requirements relating to that are Afghan legal entities or in Afghanistan. Not applying these Afghanistan taxes or similar charges residents) from paying any tax or similar clauses to contracts below the SAT and when contracts are being performed in charge assessed by the Government of for the acquisition of commercial items, Afghanistan. Afghanistan within Afghanistan. The including COTS items, would exclude DATES: Effective: November 23, 2020. SOFA exempts NATO contractors and contracts intended to be covered by this FOR FURTHER INFORMATION CONTACT: Mr. subcontractors (other than those that are rule and undermine the overarching Kevin Funk, Procurement Analyst, at Afghan legal entities or residents) from purpose of the rule for providing 202–357–5805 or [email protected] paying any tax or similar charge guidance to all applicable contractors. for clarification of content. For assessed by the Government of Consequently, DoD, GSA, and NASA are information pertaining to status or Afghanistan within Afghanistan on their applying the rule to applicable contracts publication schedules, contact the activities relating to or on behalf of below the SAT and for the acquisition Regulatory Secretariat Division at 202– NATO Forces under a contract or of applicable commercial items, 501–4755. Please cite FAC 2021–02, subcontract with or in support of NATO including COTS items. FAR Case 2018–023. Forces. The SOFA also exempts the acquisition, importation, exportation, III. Executive Orders 12866 and 13563 SUPPLEMENTARY INFORMATION: reexportation, transportation, and use of Executive Orders (E.O.s) 12866 and I. Background supplies and services in Afghanistan 13563 direct agencies to assess all costs from all Afghan taxes, customs, duties, and benefits of available regulatory DoD, GSA, and NASA published a fees, or similar charges. alternatives and, if regulation is proposed rule on September 20, 2019, at This rule adds two new clauses that necessary, to select regulatory 84 FR 49502, to add two new clauses notify contractors of requirements approaches that maximize net benefits that notify contractors of requirements relating to Afghanistan taxes or similar (including potential economic, relating to Afghanistan taxes or similar charges when certain contracts are being environmental, public health and safety charges when contracts are being performed in Afghanistan. Since both effects, distributive impacts, and performed in Afghanistan. A correction agreements are currently effective for equity). E.O. 13563 emphasizes the to the proposed rule was published on contractors operating in Afghanistan, importance of quantifying both costs October 15, 2019, at 84 FR 55109, to this rule is only notifying contractors and benefits, of reducing costs, of correct the regulation identifier number. about the exemptions from liability for harmonizing rules, and of promoting Agreements established with the Afghanistan taxes, customs, duties, fees flexibility. This rule is not a significant Islamic Republic of Afghanistan exempt or similar charges. The rule is not regulatory action and, therefore, is not the United States Forces and the North adding any new requirements for subject to review under section 6(b) of Atlantic Treaty Organization (NATO) contractors, however, it is providing E.O. 12866, Regulatory Planning and Forces, and their contractors from unified guidance for contractors Review, dated September 30, 1993. This liability for Afghanistan taxes and performing in Afghanistan. rule is not a major rule under 5 U.S.C. similar charges (e.g., customs, duties, No public comments were submitted 804. fees). in response to the proposed rule. The Security and Defense Cooperation However, the rule was updated to IV. Executive Order 13771 Agreement (the Agreement) between the clarify that both clauses only exempt This rule is not subject to E.O. 13771, Islamic Republic of Afghanistan and the taxes or similar charges assessed by the because this rule is not a significant United States of America was signed on Government of Afghanistan. regulatory action under E.O. 12866. September 30, 2014, and entered into force on January 1, 2015. The II. Applicability to Contracts at or V. Regulatory Flexibility Act Below the Simplified Acquisition Agreement exempts the United States DoD, GSA, and NASA have prepared Threshold (SAT) and for Commercial Forces from paying any tax or similar a Final Regulatory Flexibility Analysis Items, Including Commercially charge assessed by the Government of (FRFA) consistent with the Regulatory Available Off-the-Shelf (COTS) Items Afghanistan within Afghanistan. The Flexibility Act, 5 U.S.C. 601, et seq. The Agreement exempts United States This rule creates two new clauses: (1) FRFA is summarized as follows: contractors and subcontractors (other FAR 52.229–13, Taxes—Foreign DoD, GSA, and NASA are issuing a final than those that are Afghan legal entities Contracts in Afghanistan, and (2) FAR rule amending the Federal Acquisition or residents) from paying any tax or 52.229–14, Taxes—Foreign Contracts in Regulation (FAR) to add two new clauses that similar charges assessed by the Afghanistan (North Atlantic Treaty notify contractors of requirements relating to Government of Afghanistan within Organization Status of Forces Afghanistan taxes, customs, duties, fees, or Afghanistan on their activities relating Agreement). The objective of the rule is similar charges when certain contracts are to or on behalf of the United States to notify U.S. Government contractors being performed in Afghanistan. Forces under a contract or subcontract that certain contracts performed in The Agreement between the Islamic with or in support of United States Afghanistan are exempt from payment Republic of Afghanistan and the U.S. Government exempts the U.S. Forces, and Forces. The Agreement also exempts the liability for Afghan taxes, customs, their contractors and subcontractors (other acquisition, importation, exportation, duties, fees or similar charges pursuant than those that are Afghan legal entities or reexportation, transportation, and use of to the Agreement and SOFA. residents), from paying any tax or similar supplies and services in Afghanistan, by DoD, GSA, and NASA are applying charge assessed on activities associated with or on behalf of the United States Forces, these two clauses to applicable contracts performed within Afghanistan. from any taxes, customs, duties, fees, or solicitations and contracts below the The Status of Forces Agreement (SOFA) similar charges in Afghanistan. SAT and to the acquisition of between the North Atlantic Treaty The Status of Forces Agreement commercial items, including COTS Organization (NATO) and the Islamic (SOFA) between NATO and the Islamic items, as defined at FAR 2.101. This Republic of Afghanistan exempts NATO Forces and their contractors and Republic of Afghanistan was issued on rule clarifies the application of subcontractors (other than those that are September 30, 2014, and entered into requirements relating to treatment of Afghan legal entities or residents) from force on January 1, 2015. The SOFA Afghan taxes, customs, duties, fees or paying any tax or similar charge assessed exempts NATO Forces (other than those similar charges for contracts performed within Afghanistan.
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The objective is to notify contractors of List of Subjects in 48 CFR Parts 12, 29, 29.402–4 Taxes—Foreign Contracts in both the Agreement and SOFA to clarify how and 52 Afghanistan. they apply to contracts performed in (a) Use the clause at 52.229–13, Afghanistan. Government procurement. Taxes—Foreign Contracts in There were no issues raised by the public William F. Clark Afghanistan, in solicitations and in response to the Initial Regulatory Director, Office of Government-wide contracts with performance in Flexibility Analysis provided in the proposed Acquisition Policy, Office of Acquisition Afghanistan awarded by or on behalf of rule. Policy, Office of Government-wide Policy. U.S. Forces, unless the clause at 52.229– According to data in the Federal Therefore, DoD, GSA, and NASA 14 is used. Procurement Data System, the Government (b) Use the clause at 52.229–14, awarded an annual average of 4,277 contracts amend 48 CFR parts 12, 29, and 52 as set forth below: Taxes—Foreign Contracts in for fiscal years 2017 and 2018 with the Afghanistan (North Atlantic Treaty principal place of performance in ■ 1. The authority citation for 48 CFR Organization Status of Forces Afghanistan to 444 unique contractors parts 12, 29, and 52 continues to read Agreement), instead of the clause at annually, of which 488 contracts were as follows: 52.229–13, Taxes—Foreign Contracts in awarded annually to 110 unique small Authority: 40 U.S.C. 121(c); 10 U.S.C. Afghanistan, in solicitations and businesses (23 percent). There was an chapter 137; and 51 U.S.C. 20113. contracts with performance in average of 488 contracts with the principal Afghanistan awarded on behalf of or in place of performance in Afghanistan awarded PART 12—ACQUISITION OF support of the North Atlantic Treaty annually to small businesses in fiscal years COMMERCIAL ITEMS Organization (NATO), which are 2017 and 2018. There was an average of governed by the NATO Status of Forces 3,789 contracts with the principal place of ■ 2. Amend section 12.301 by Agreement (SOFA). performance in Afghanistan awarded redesignating paragraph (d)(13) as annually to large businesses. The number of paragraph (d)(15) and adding a new PART 52—SOLICITATION PROVISIONS potential subcontractors to which the clause paragraph (d)(13) and paragraph (d)(14) AND CONTRACT CLAUSES would flow down was calculated by using a to read as follows: ratio of 1:3, subcontractors per prime contract ■ 5. Add sections 52.229–13 and (4,277 annual prime contracts). This equates 12.301 Solicitation provisions and 52.229–14 to read as follows: to 1,426 subcontractors, of which DoD, GSA, contract clauses for the acquisition of and NASA estimate that 75 percent would be commercial items. 52.229–13 Taxes—Foreign Contracts in small entities (i.e., 1,069). The total number * * * * * Afghanistan. of prime contractor and subcontractor small (d) * * * As prescribed in 29.402–4(a), use the businesses impacted annually is 1,577. following clause: The final rule does not include additional (13) Insert the clause at 52.229–13, Taxes—Foreign Contracts in Taxes—Foreign Contracts in Afghanistan reporting, record keeping requirements, or (Nov 2020) other compliance requirements. Afghanistan, as prescribed in 29.402– There are no available alternatives to the 4(a). (a) Definition. U.S. Forces, as used in this clause, means the entity comprising the final rule to accomplish the desired objective (14) Insert the clause at 52.229–14, members of the force and of the civilian of the statute. Taxes—Foreign Contracts in component, and all property, equipment, and We do not expect this final rule to have a Afghanistan (North Atlantic Treaty materiel of the United States Armed Forces significant economic impact on a substantial Organization Status of Forces present in the territory of Afghanistan. number of small entities, because the rule is Agreement), as prescribed in 29.402– (b) Tax exemption. This acquisition is not implementing any new requirements 4(b). covered by the Security and Defense with which small entities must comply. Also, * * * * * Cooperation Agreement (the Agreement) small entities will benefit from having one between the Islamic Republic of Afghanistan governmentwide clause that identifies the PART 29—TAXES (Afghanistan) and the United States of current requirements relating to Afghanistan America signed on September 30, 2014, and entered into force on January 1, 2015. taxes or similar charges when contracts are ■ 3. Add section 29.001 to read as (1) The Agreement exempts the United being performed in Afghanistan. follows: States Government, and its contractors and Interested parties may obtain a copy subcontractors (other than those that are 29.001 Definitions. Afghan legal entities or residents), from of the FRFA from the Regulatory As used in this part— paying any tax or similar charge assessed by Secretariat Division. The Regulatory the Government of Afghanistan on activities Secretariat Division has submitted a North Atlantic Treaty Organization associated with this contract within copy of the FRFA to the Chief Counsel (NATO) Forces means the Members of Afghanistan if the activities are on behalf of for Advocacy of the Small Business the Force, Members of the Civilian or in support of U.S. Forces. The Agreement Administration. Component, NATO Personnel and all also exempts the acquisition, importation, property, equipment, and materiel of exportation, reexportation, transportation, VI. Paperwork Reduction Act NATO, NATO Member States, and and use of supplies and services in Operational Partners present in the Afghanistan, on behalf of or in support of This rule does not contain any territory of Afghanistan. U.S. Forces, from any taxes, customs, duties, information collection requirements that fees, or similar charges imposed by the U.S. Forces means the entity require the approval of the Office of Government of Afghanistan. comprising the members of the force Management and Budget under the (2) The Contractor shall exclude any and of the civilian component, and all Afghan taxes, customs, duties, fees, or similar Paperwork Reduction Act (44 U.S.C. property, equipment, and materiel of the charges from the contract price, other than chapter 35). United States Armed Forces present in those charged to Afghan legal entities or the territory of Afghanistan. residents. (3) The Agreement does not exempt Afghan ■ 4. Add section 29.402–4 to read as employees of Government contractors and follows: subcontractors from Afghan tax laws. To the
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extent required by Afghan law, the DEPARTMENT OF DEFENSE contracts and contract-like instruments Contractor shall withhold tax from the wages from the requirements of E.O. 13658, of these employees and remit those payments GENERAL SERVICES Establishing a Minimum Wage for to the appropriate Afghan taxing authority. ADMINISTRATION Contractors. E.O. 13658 raised the These withholdings are an individual’s hourly minimum wage paid to workers liability, not a tax against the Contractor. NATIONAL AERONAUTICS AND performing on or in connection with (c) Subcontracts. The Contractor shall SPACE ADMINISTRATION include the substance of this clause, covered Federal contracts to: (i) $10.10 including this paragraph (c), in all per hour, beginning January 1, 2015; subcontracts, including subcontracts for 48 CFR Parts 22 and 52 and (ii) beginning January 1, 2016, and commercial items. [FAC 2021–02; FAR Case 2019–002; Item annually thereafter, an amount VII; Docket No. FAR 2019–0004, Sequence determined by the Secretary of Labor in (End of clause) No. 1] accordance with the E.O. As of January 1, 2020, E.O. 13658 raised minimum 52.229–14 Taxes—Foreign Contracts in RIN 9000–AN85 Afghanistan (North Atlantic Treaty wage to $10.80 per hour (84 FR 49345). Organization Status of Forces Agreement). Federal Acquisition Regulation: E.O. 13838 and DOL’s implementing regulation exempt contracts or contract- As prescribed in 29.402–4(b), use the Recreational Services on Federal Lands like instruments entered into with the following clause: Federal Government in connection with Taxes—Foreign Contracts in Afghanistan AGENCY: Department of Defense (DoD), seasonal recreational services or (North Atlantic Treaty Organization Status General Services Administration (GSA), seasonal recreational equipment rental of Forces Agreement) (Nov 2020) and National Aeronautics and Space for the general public on Federal lands (a) Definition. North Atlantic Treaty Administration (NASA). from the requirements of E.O. 13658; Organization (NATO) Forces, as used in this ACTION: Final rule. lodging and food services are not clause, means the Members of the Force, exempted. Members of the Civilian Component, NATO SUMMARY: DoD, GSA, and NASA are The purpose of this rule is to make a Personnel and all property, equipment, and issuing a final rule to amend the Federal conforming change in the FAR. This materiel of NATO, NATO Member States, Acquisition Regulation (FAR) to rule implements E.O. 13838 by and Operational Partners present in the implement a Department of Labor (DOL) amending FAR 22.1903(b)(2) and FAR territory of Afghanistan. rule, which exempts certain contracts clause 52.222–55(c)(2) to conform to the (b) Tax exemption. This acquisition is for seasonal recreational services or DOL rule by adding seasonal covered by the Status of Forces Agreement seasonal recreational equipment rental recreational services or seasonal (SOFA) entered into between NATO and the for the general public on Federal lands Islamic Republic of Afghanistan recreational equipment rental for the (Afghanistan) issued on September 30, 2014, from an Executive order on minimum general public on Federal lands to the and entered into force on January 1, 2015. wage. This rule does not change the list of exemptions. (1) The SOFA exempts NATO Forces and extent to which contractors can be used Eighteen respondents provided its contractors and subcontractors (other than to assist Federal agencies with comments in response to the proposed those that are Afghan legal entities or providing services on Federal lands. rule. residents) from paying any tax or similar This rule only changes the extent to charge assessed by the Government of which minimum wages are required for II. Discussion and Analysis Afghanistan within Afghanistan if the applicable Federal contracts. The Civilian Agency Acquisition activities are on behalf of or in support of DATES: Effective: November 23, 2020. Council and the Defense Acquisition NATO Forces. The SOFA also exempts the acquisition, importation, exportation, FOR FURTHER INFORMATION CONTACT: Mr. Regulations Council (the Councils) reexportation, transportation, and use of Kevin Funk, Procurement Analyst, at reviewed the public comments in the supplies and services in Afghanistan on 202–357–5805 or [email protected] development of the final rule. A behalf of or in support of NATO Forces from for clarification of content. For discussion of the comments and the all Afghan taxes, customs, duties, fees, or information pertaining to status or changes made to the rule as a result of similar charges. publication schedules, contact the those comments are provided as (2) The Contractor shall exclude any Regulatory Secretariat Division at 202– follows: Afghan taxes, customs, duties, fees or similar 501–4755. Please cite FAC 2021–02, charges from the contract price, other than A. Changes to Rule FAR Case 2019–002. those charged to Afghan legal entities or A new definition for ‘‘seasonal SUPPLEMENTARY INFORMATION: residents. recreational equipment rental’’ was (3) Afghan citizens employed by NATO contractors and subcontractors are subject to I. Background added to provide additional clarity Afghan tax laws. To the extent required by DoD, GSA, and NASA published a within the rule. An additional Afghan law, the Contractor shall withhold proposed rule on October 21, 2019, at 84 conforming editorial change was also tax from the wages of these employees and FR 56157, to amend the FAR to made within the FAR clause at 52.222– remit those withholdings to the appropriate implement a DOL final rule, Minimum 55. Afghan taxing authority. These withholdings Wage for Contractors; Updating are an individual’s liability, not a tax against B. Analysis of Public Comments Regulations To Reflect Executive Order the Contractor. 1. Support for the Rule (c) Subcontracts. The Contractor shall 13838, published in the Federal include the substance of this clause, Register at 83 FR 48537 on September Comment: One respondent expressed including this paragraph (c), in all 26, 2018. support for the rule. subcontracts including subcontracts for The DOL rule implemented Executive Response: Noted. commercial items. Order (E.O.) 13838, Exemption From Executive Order 13658 for Recreational 2. Legal Sufficiency of Rule (End of clause) Services on Federal Lands (May 25, Comment: Two respondents stated the [FR Doc. 2020–21700 Filed 10–22–20; 8:45 am] 2018, published June 1, 2018, 83 FR rule was illegal or would violate E.O. BILLING CODE 6820–EP–P 25341), which exempted certain 13658.
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Response: This rule exempts certain Lodging and food services are not contracts for seasonal recreational services or contracts and contract-like instruments exempted. seasonal recreational equipment rental. from the requirements of E.O. 13658 as Lodging and food services are not IV. Executive Orders 12866 and 13563 directed by E.O. 13838. An Executive exempted. On average for fiscal years 2016– E.O.s 12866 and 13563 direct agencies 2018, there were 229 awards reported on an order may revise, narrow, or augment a annual basis in the Federal Procurement Data policy established under a prior to assess all costs and benefits of System (FPDS) for seasonal recreational Executive order as long as the new available regulatory alternatives and, if services and seasonal recreational equipment Executive order does not conflict with regulation is necessary, to select rental, of which 153 were awarded to small the U.S. Constitution or current regulatory approaches that maximize business entities. The FPDS data could not statutory law. This regulation is legally net benefits (including potential isolate which of the awards were for services sufficient. economic, environmental, public health or rentals on Federal lands, so the average and safety effects, distributive impacts, number of awards for seasonal recreational 3. Opposition to the Rule and equity). E.O. 13563 emphasizes the services or seasonal recreational equipment rental to the general public on Federal lands Comment: Several respondents importance of quantifying both costs could be even lower. Furthermore, this rule expressed general opposition to the rule. and benefits, of reducing costs, of is expected to have a beneficial impact on Response: The purpose of this rule is harmonizing rules, and of promoting small businesses as it relaxes the burden on to make a conforming change in the flexibility. This rule is not a significant small businesses. FAR. This rule implements E.O. 13838 regulatory action, and therefore, was not There are no reporting, recordkeeping, or by amending FAR 22.1903(b)(2) and subject to review under section 6(b) of other compliance requirements on any small entities in this rule. The rule does not FAR clause 52.222–55(c)(2) to conform E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This duplicate, overlap or conflict with any other to the DOL rule by adding seasonal Federal rules. recreational services or seasonal rule is not a major rule under 5 U.S.C. DoD, GSA, and NASA were unable to recreational equipment rental for the 804. identify any alternatives to the rule which general public on Federal lands to the V. Executive Order 13371 would reduce the impact on small entities list of exemptions. and still meet the requirements of the statute. This rule is not subject to E.O. 13771, 4. Scope of Rule Reducing Regulation and Controlling Interested parties may obtain a copy Regulatory Costs, because the rule is not of the FRFA from the Regulatory Comment: Several respondents stated a significant regulatory action under Secretariat Division. The Regulatory the rule would privatize the National E.O. 12866. Secretariat Division has submitted a Parks. copy of the FRFA to the Chief Counsel Response: This rule does not change VI. Regulatory Flexibility Act for Advocacy of the Small Business the extent to which contractors can be DoD, GSA, and NASA have prepared Administration. used to assist Federal agencies with a Final Regulatory Flexibility Analysis VII. Paperwork Reduction Act providing services on Federal lands. Nor (FRFA) consistent with the Regulatory does it alter any inherently Flexibility Act, 5 U.S.C. 601, et seq. The The rule does not contain any governmental responsibility vested in FRFA is summarized as follows: information collection requirements that the Federal Government. Contractors require the approval of the Office of This rule is required to implement a DOL have been used by Federal agencies for Management and Budget under the rule dated September 26, 2018, which Paperwork Reduction Act (44 U.S.C. many years to assist with providing implemented E.O. 13838, Exemption from superior and efficient services on Executive Order 13658 for Recreational chapter 35). Federal lands. This rule only changes Services on Federal Lands (May 25, 2018, List of Subjects in 48 CFR Parts 22 and the extent to which minimum wages are published June 1, 2018, 83 FR 25341). E.O. 52 required for Federal contracts under 13838 made contracts or contract-like E.O. 13658. instruments entered into with the Federal Government procurement. Government in connection with seasonal III. Applicability to Contracts at or recreational services or seasonal recreational William F. Clark, Below the Simplified Acquisition equipment rental for the general public on Director, Office of Government-wide Threshold (SAT) and for Commercial Federal lands exempt from the minimum Acquisition Policy, Office of Acquisition Items, Including Commercially wage requirements under E.O. 13658, dated Policy, Office of Government-wide Policy. Available Off-the-Shelf (COTS) Items February 12, 2014; lodging and food services Therefore, DoD, GSA, and NASA are not exempted. amend 48 CFR parts 22 and 52 as set This rule does not add any new The objective of this rule is to make a forth below: provisions or clauses. The rule does not conforming change in the FAR to conform to ■ 1. The authority citation for 48 CFR change the applicability of existing the DOL rule to implement E.O. 13838. This parts 22 and 52 continues to read as provisions or clauses to contracts at or rule provides a conforming amendment to FAR 22.1903(b)(2)(iii) and FAR clause follows: below the SAT and contracts for the 52.222–55(c)(2)(ii) to conform to the DOL acquisition of commercial items, Authority: 40 U.S.C. 121(c); 10 U.S.C. rule by adding seasonal recreational services chapter 137; and 51 U.S.C. 20113. including COTS items. The FAR clause or seasonal recreational equipment rental for at 52.222–55, Minimum Wages Under the general public on Federal lands to the list PART 22—APPLICATION OF LABOR Executive Order 13658, is prescribed for of exemptions. Lodging and food services are LAWS TO GOVERNMENT not exempted. The legal basis for these use in contracts valued at or below the ACQUISITIONS SAT and for the acquisition of changes is E.O. 13838. commercial items. Under this rule, There were no significant issues raised by ■ 2. Amend section 22.1901 by— the public comments in response to the acquisitions below the SAT or for ■ a. Revising the section heading; initial regulatory flexibility analysis. ■ commercial items involving seasonal This rule is not expected to have a b. Adding introductory text and, in recreational services or seasonal significant economic impact on a substantial alphabetical order, the definitions recreational equipment rental for the number of small entities within the meaning ‘‘Seasonal recreational equipment general public on Federal lands would of the Regulatory Flexibility Act, 5 U.S.C. rental’’ and ‘‘Seasonal recreational be exempt from FAR clause 52.222–55. 601, et seq., because the rule only applies to services’’; and
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■ c. In the definition ‘‘Worker,’’ Contract Terms and Conditions Services on Federal Lands (3 CFR, 2018 removing from the introductory text ‘‘, Required To Implement Statutes or Comp., p. 831), as implemented by the U.S. as used in this subpart,’’. Executive Orders—Commercial Items Department of Labor regulations at 29 CFR 10.4(g). The revision and additions read as (Nov 2020) follows: * * * * * * * * * * ■ Alternate II (NOV 2020). * * * 7. Amend section 52.244–6 by— 22.1901 Definitions. ■ a. Revising the date of the clause; and As used in this subpart— * * * * * ■ b. Removing from paragraph (c)(1)(xv) ■ Seasonal recreational equipment 5. Amend section 52.213–4 by— ‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’ ■ rental means any equipment rental in a. Revising the date of the clause; in its place. ■ b. Removing from paragraph connection with seasonal recreational The revision reads as follows: (a)(2)(viii) ‘‘(AUG 2020)’’ and adding services. ‘‘(NOV 2020).’’ in its place; and 52.244–6 Subcontracts for Commercial Seasonal recreational services means ■ c. Removing from paragraph (b)(1)(ix) Items. services that include river running, ‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’ * * * * * hunting, fishing, horseback riding, in its place. Subcontracts for Commercial Items (Nov camping, mountaineering activities, The revision reads as follows: recreational ski services, and youth 2020) camps. 52.213–4 Terms and Conditions— * * * * * * * * * * Simplified Acquisitions (Other Than [FR Doc. 2020–21701 Filed 10–22–20; 8:45 am] Commercial Items) BILLING CODE 6820–EP–P ■ 3. Amend section 22.1903 by— * * * * * ■ a. Removing the period at the end of paragraph (b)(2)(ii)(C) and adding ‘‘; or’’ Terms and Conditions—Simplified DEPARTMENT OF DEFENSE in its place; and Acquisitions (Other Than Commercial Items) (Nov 2020) ■ b. Adding paragraph (b)(2)(iii). GENERAL SERVICES The addition reads as follows: * * * * * ADMINISTRATION ■ 6. Amend section 52.222–55 by— 22.1903 Applicability. ■ a. Revising the date of the clause; NATIONAL AERONAUTICS AND * * * * * ■ b. Adding to paragraph (a), in SPACE ADMINISTRATION (b) * * * alphabetical order, the definitions (2) * * * ‘‘Seasonal recreational equipment 48 CFR Parts 4, 52, and 53 (iii) Seasonal recreational services or rental’’ and ‘‘Seasonal recreational [FAC 2021–02; Item VIII; Docket No. FAR– services’’; 2020–0052; Sequence No. 3] seasonal recreational equipment rental ■ for the general public on Federal lands, c. In paragraph (c)(2)(ii)(A), removing except for lodging and food services the period at the end of the sentence Federal Acquisition Regulation; associated with seasonal recreational and adding a semicolon in its place; Technical Amendments ■ d. In paragraph (c)(2)(ii)(B), removing services, in accordance with Executive the period at the end of the sentence AGENCY: Department of Defense (DoD), Order 13838, Exemption from Executive and adding ‘‘; and’’ in its place; General Services Administration (GSA), Order 13658 for Recreational Services ■ e. In paragraph (c)(2)(ii)(C), removing and National Aeronautics and Space on Federal Lands (3 CFR, 2018 Comp., the period at the end of the sentence Administration (NASA). p. 831), as implemented by the U.S. and adding ‘‘; or’’ in its place; and ACTION: Final rule. Department of Labor regulations at 29 ■ f. Adding paragraph (c)(2)(iii). CFR 10.4(g). SUMMARY The revision and additions read as : This document makes * * * * * follows: amendments to the Federal Acquisition Regulation (FAR) in order to make PART 52—SOLICITATION PROVISIONS 52.222–55 Minimum Wages Under needed editorial changes. AND CONTRACT CLAUSES Executive Order 13658. DATES: Effective: November 23, 2020. * * * * * FOR FURTHER INFORMATION CONTACT: Ms. ■ 4. Amend section 52.212–5 by— Lois Mandell, Regulatory Secretariat ■ a. Revising the date of the clause; Minimum Wages Under Executive Order 13658 (Nov 2020) Division (MVCB), at 202–501–4755 or ■ b. Removing from paragraph (c)(7) [email protected]. Please cite FAC ‘‘(DEC 2015)’’ and adding ‘‘(NOV 2020)’’ (a) * * * ‘‘Seasonal recreational equipment rental’’ 2021–02, Technical Amendments. in its place; means any equipment rental in connection SUPPLEMENTARY INFORMATION: In order to ■ c. Removing from paragraph with seasonal recreational services. update certain elements in 48 CFR parts (e)(1)(xvii) ‘‘(DEC 2015)’’ and adding ‘‘Seasonal recreational services’’ means 4, 52, and 53 this document makes ‘‘(NOV 2020)’’ in its place; and services that include: river running, hunting, editorial changes to the FAR. ■ d. In Alternate II: fishing, horseback riding, camping, ■ i. Revising the date of the alternate; mountaineering activities, recreational ski List of Subjects in 48 CFR Parts 4, 52, services, and youth camps. and and 53 ■ ii. Removing from paragraph * * * * * Government procurement. (c) * * * (e)(1)(ii)(P) ‘‘(DEC 2015)’’ and adding (2) * * * William F. Clark, ‘‘(NOV 2020)’’ in its place. (iii) Seasonal recreational services or Director, Office of Government-wide The revisions read as follows: seasonal recreational equipment rental for Acquisition Policy, Office of Acquisition the general public on Federal lands, except Policy, Office of Government-wide Policy. 52.212–5 Contract Terms and Conditions for lodging and food services associated with Required To Implement Statutes or seasonal recreational services, in accordance Therefore, DoD, GSA, and NASA Executive Orders—Commercial Items. with Executive Order 13838, Exemption from amend 48 CFR parts 4, 52, and 53 as set * * * * * Executive Order 13658 for Recreational forth below:
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■ 1. The authority citation for 48 CFR Authorized Deviations in Provisions (Nov and National Aeronautics and Space parts 4, 52, and 53 continues to read as 2020) Administration (NASA). follows: * * * * * ACTION: Small Entity Compliance Guide. Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ 5. Amend section 52.252–6 by— chapter 137; and 51 U.S.C. 20113. ■ a. Removing from the introductory SUMMARY: This document is issued text ‘‘$(DEVIATION)’’ and adding PART 4—ADMINISTRATIVE AND ‘‘(DEVIATION)’’ in its place; under the joint authority of DOD, GSA, INFORMATION MATTERS ■ b. Revising the date of clause; and and NASA. This Small Entity ■ Compliance Guide has been prepared in 4.2102 [Amended] c. Removing from paragraphs (a) and (b) ‘‘$(DEVIATION)’’ and adding accordance with section 212 of the ■ 2. Amend section 4.2102 in paragraph ‘‘(DEVIATION)’’ in its place. Small Business Regulatory Enforcement (a) introductory text by removing The revision reads as follows: Fairness Act of 1996. It consists of a ‘‘Prohibited equipment, systems, or summary of the rules appearing in services’’ and adding ‘‘Prohibited 52.252–6 Authorized Deviations in Federal Acquisition Circular (FAC) Clauses. equipment, systems, or services’’ in its 2021–02, which amends the Federal place. * * * * * Acquisition Regulation (FAR). PART 52—SOLICITATION PROVISIONS Authorized Deviations in Clauses (Nov 2020) Interested parties may obtain further AND CONTRACT CLAUSES * * * * * information regarding these rules by referring to FAC 2021–02, which ■ 3. Amend section 52.213–4 by— PART 53—FORMS precedes this document. ■ a. Revising the date of the clause; and ■ b. Removing from paragraph 53.228 [Amended] DATES: October 23, 2020. (b)(1)(xiv) introductory text ‘‘(DEC ■ 6. Amend section 53.228 by removing ADDRESSES: The FAC, including the 2007)’’ and adding ‘‘(MAY 2020)’’ in its from paragraphs (h), (i), and (j) ‘‘28.202– SECG, is available via the internet at place. 1(a)(4)’’ and adding ‘‘28.202(a)(4)’’ in its https://www.regulations.gov. The revision reads as follows: place. FOR FURTHER INFORMATION CONTACT: For [FR Doc. 2020–21702 Filed 10–22–20; 8:45 am] 52.213–4 Terms and Conditions— clarification of content, contact the Simplified Acquisitions (Other Than BILLING CODE 6820–EP–P Commercial Items). analyst whose name appears in the table below. Please cite FAC 2021–02 and the * * * * * DEPARTMENT OF DEFENSE FAR Case number. For information Terms and Conditions—Simplified pertaining to status or publication Acquisitions (Other Than Commercial GENERAL SERVICES schedules, contact the Regulatory Items) (Nov 2020) ADMINISTRATION Secretariat Division at 202–501–4755 or * * * * * [email protected]. An asterisk (*) ■ 4. Amend section 52.252–5 by— NATIONAL AERONAUTICS AND next to a rule indicates that a regulatory ■ a. Removing from the introductory SPACE ADMINISTRATION flexibility analysis has been prepared. text ‘‘$(DEVIATION)’’ and adding ‘‘(DEVIATION)’’ in its place; 48 CFR Chapter 1 ■ b. Revising the date of provision; and [Docket No. FAR–2020–0051, Sequence No. ■ c. Removing from paragraphs (a) and 7] (b) ‘‘$(DEVIATION)’’ and adding ‘‘(DEVIATION)’’ in its place. Federal Acquisition Regulation; The revision reads as follows: Federal Acquisition Circular 2021–02; Small Entity Compliance Guide 52.252–5 Authorized Deviations in Provisions. AGENCY: Department of Defense (DoD), * * * * * General Services Administration (GSA),
RULE LISTED IN FAC 2021–02
Item Subject FAR case Analyst
I ...... Removal of FAR Appendix ...... 2020–003 Boyer. II ...... Removal of Obsolete Definitions ...... 2020–002 Uddowla. III ...... Update to Excess Personal Property Procedures ...... 2019–019 Uddowla. IV * ...... Reserve Officer Training Corps and Military Recruiting on Campus ...... 2018–021 Delgado. V ...... Documentation of Market Research ...... 2020–006 Francis. VI * ...... Taxes—Foreign Contracts in Afghanistan ...... 2018–023 Funk. VII * ...... Recreational Services on Federal Lands ...... 2019–002 Funk. VIII ...... Technical Amendments.
SUPPLEMENTARY INFORMATION: following these item summaries. FAC Item I—Removal of FAR Appendix Summaries for each FAR rule follow. 2021–02 amends the FAR as follows: (FAR Case 2020–003) For the actual revisions and/or This final rule removes FAR amendments made by these FAR rules, references to the FAR appendix and the refer to the specific item numbers and FAR looseleaf. The FAR appendix at an subjects set forth in the documents earlier time contained a copy of the Cost
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Accounting Standards Board regional offices. Instead, the rule Forces, and their contractors from regulations. These remain available at identifies the website through which liability for Afghanistan taxes and 48 CFR chapter 99. There is no effect on agencies can find information on similar charges (e.g., customs, duties, small entities. The FAR loose-leaf available excess personal property. fees). These clauses were previously in version is now published online at Additionally, this rule updates the name the Defense Federal Acquisition https://www.acquisition.gov. It is no of the offices handling excess personal Regulation Supplement and are now longer published as a paper loose-leaf property within GSA and provides a elevated to the FAR to eliminate the version. website containing contact information need for agency unique supplemental Item II—Removal of Obsolete for those offices. regulations and ensure unified guidance among the affected agencies consistent Definitions (FAR Case 2020–002) Item IV—Reserve Officer Training with the purpose of the FAR. This final rule amends the FAR to Corps and Military Recruiting on remove the definitions of the terms Campus (FAR Case 2018–021) Item VII—Recreational Services on ‘‘annual receipts’’ and ‘‘number of This final rule implements 10 U.S.C. Federal Lands (FAR Case 2019–002) employees’’ in FAR 19.101. The Small 983, which prohibits the award of This final rule amends FAR Business Administration (SBA) certain Federal contracts to institutions 22.1903(b)(2) and FAR clause 52.222– published a final rule at 84 FR 66561 on of higher education that prohibit 55(c)(2) to conform to a Department of December 5, 2019, amending its Reserve Officer Training Corps (ROTC) Labor rule by adding seasonal regulations to update these terms in 13 units or military recruiting on campus. recreational services or seasonal CFR part 121 as part of SBA’s This final rule will not have a recreational equipment rental for the implementation of the Small Business significant economic impact on a general public on Federal lands under Runway Extension Act of 2018. The substantial number of small entities. contracts or contract-like instruments definitions in FAR 19.101 conflict with entered into with the Federal SBA’s revised regulation and are not Item V—Documentation of Market Research (FAR Case 2020–006) Government, to the list of exemptions needed in the FAR as these terms relate from the requirements of Executive to determinations made by SBA, not This final rule amends the FAR to Order 13658, Establishing a Minimum contracting officers. In addition, this implement section 818 of the National Wage for Contractors. The current final rule moves the definition of Defense Authorization Act for Fiscal minimum wage is $10.80 per hour. ‘‘affiliates,’’ as used with regard to small Year 2020, which requires the head of Lodging and food services are not business size determination, to the agency to document the results of exempted. Both rules implement appropriate locations in the FAR. market research in a manner appropriate Executive Order 13838, Exemption from for the size and complexity of the Item III—Update to Excess Personal Executive Order 13658 for Recreational acquisition. Property Procedures (FAR Case 2019– Services on Federal Lands. 019) Item VI—Taxes—Foreign Contracts in Item VIII—Technical Amendments Afghanistan (FAR Case 2018–023) This final rule amends the FAR to Editorial changes are made at FAR update internal Government procedures This final rule amends the FAR to add 4.2102, 52.213–4, 52.252–5, 52.252–6, on how agencies can locate excess two new clauses that notify contractors and 53.228. personal property and to remove of requirements relating to Afghanistan obsolete requirements. Specifically, this taxes or similar charges when contracts William F. Clark, rule removes references to catalogs and are being performed in Afghanistan. Director, Office of Government-wide bulletins issued by GSA, the use of a Agreements established with the Islamic Acquisition Policy, Office of Acquisition discontinued GSA form, and the ability Republic of Afghanistan exempt the Policy, Office of Government-wide Policy. to the examine reports and samples of United States Forces and the North [FR Doc. 2020–21703 Filed 10–22–20; 8:45 am] excess personal property in GSA Atlantic Treaty Organization (NATO) BILLING CODE 6820–14–P
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Reader Aids Federal Register Vol. 85, No. 206 Friday, October 23, 2020
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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. 550...... 63218 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 910...... 64943 6 CFR The United States Government Manual 741–6000 3 CFR 5...... 62933 Other Services Proclamations: 7 CFR Electronic and on-line services (voice) 741–6020 10085...... 62921 2...... 65500 Privacy Act Compilation 741–6050 10086...... 62923 10087...... 62925 54...... 62934 10088...... 62927 56...... 62934 ELECTRONIC RESEARCH 10089...... 62929 62...... 62934 10090...... 62931 70...... 62934 World Wide Web 10091...... 63187 90...... 62934 10092...... 63969 91...... 62934 Full text of the daily Federal Register, CFR and other publications 10093...... 63971 201...... 65190 is located at: www.govinfo.gov. 10094...... 63973 301...... 61806 Federal Register information and research tools, including Public 10095...... 64373 319...... 61806 Inspection List and electronic text are located at: 10096...... 65181 1205...... 62545 www.federalregister.gov. 10097...... 65185 1250...... 62942 10098...... 65633 1470...... 63993 E-mail 10099...... 65635 1719...... 67427 FEDREGTOC (Daily Federal Register Table of Contents Electronic 10100...... 65637 1779...... 62195 Mailing List) is an open e-mail service that provides subscribers 10101...... 65639 3575...... 62195 with a digital form of the Federal Register Table of Contents. The 10102...... 66467 4279...... 62195 digital form of the Federal Register Table of Contents includes 10103...... 67261 4287...... 62195 HTML and PDF links to the full text of each document. 10104...... 67263 5001...... 62195 Executive Orders: Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 13951...... 62179 USGPOOFR/subscriber/new, enter your email address, then 905...... 63039 13952...... 62187 927...... 66283 follow the instructions to join, leave, or manage your 13953...... 62539 subscription. 946...... 64415 13954...... 63977 983...... 62615 PENS (Public Law Electronic Notification Service) is an e-mail 13955...... 65643 984...... 66491 service that notifies subscribers of recently enacted laws. 13956...... 65647 1280...... 62617 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: and select Join or leave the list (or change settings); then follow Memorandums: 8 CFR the instructions. Memorandum of Ch. I ...... 65653 October 9, 2020 ...... 65631 208...... 67202 FEDREGTOC and PENS are mailing lists only. We cannot Notices: respond to specific inquiries. 214...... 63918 Notice of October 8, 1208...... 67202 Reference questions. Send questions and comments about the 2020 ...... 64941 Proposed Rules: Federal Register system to: [email protected] Notice of October 19, 213a...... 62432 The Federal Register staff cannot interpret specific documents or 2020 ...... 66871 regulations. Presidential Permits: 9 CFR Presidential Permit of September 28, 56...... 62559 FEDERAL REGISTER PAGES AND DATE, OCTOBER 2020 ...... 62191 145...... 62559 Permit of October 3, 146...... 62559 61805–62186...... 1 2020 ...... 63981 147...... 62559 62187–62538...... 2 Permit of October 3, 10 CFR 62539–62920...... 5 2020 ...... 63985 62921–63186...... 6 Permit of October 3, Ch. I ...... 65656 63187–63422...... 7 2020 ...... 63989 50...... 62199 63423–63992...... 8 830...... 66201 5 CFR 63993–64374...... 9 Proposed Rules: 64375–64942...... 13 120...... 65651 50 ...... 62234, 63039, 66498 72...... 66285 64943–65186...... 14 302...... 63189 315...... 65940 429...... 67464 65187–65632...... 15 432...... 65940 430 ...... 64071, 64981, 67312 65633–66200...... 16 531...... 65187 431 ...... 62816, 67312, 67464 66201–66468...... 19 752...... 65940 66469–66872...... 20 1631...... 67265 12 CFR 66873–67260...... 21 1650...... 61805 3...... 63423, 64003 67261–67426...... 22 Proposed Rules: 32...... 61809 67427–67630...... 23 532...... 66282 34...... 65666
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217...... 63423, 64003 62266, 62626, 63235, 63238, Proposed Rules: 165 ...... 63447, 64394, 67280 225...... 65666 63240, 64417, 64419, 64984, 22...... 65750 Proposed Rules: 252...... 63423 64987, 64993, 64995, 65282, 41...... 66878 117...... 66501 323...... 65666 65285, 66500, 67313, 67465, 127...... 62651 24 CFR 324...... 63423, 64003 67467 165...... 66290, 66292 363...... 67427 71 ...... 62269, 62630, 64422, 100...... 64025 334...... 64434 615...... 62945 64424, 64998, 67315, 67317, Proposed Rules: 620...... 63428 67319, 67320, 67322, 67324, 888...... 63664 34 CFR 624...... 61811 67325 982...... 63664 9...... 62597 700...... 62207 15 CFR 983...... 63664 77...... 62609 701...... 62207 985...... 63664 702...... 62207 Ch. VII...... 62214 36 CFR 705...... 64377 704...... 62207 25 CFR Proposed Rules: 740...... 62583 705...... 62207 63...... 65704 7...... 63062 707...... 62207 742...... 63007, 63009 744...... 64014 Proposed Rules: 708a...... 62207 48...... 65000 37 CFR 708b...... 62207 756...... 63011 772...... 62583 Proposed Rules: 709...... 62207 26 CFR 42...... 66502 717...... 62207 774...... 62583, 63009 1 ...... 64026, 64040, 64346, 201...... 65293 722...... 64945 Proposed Rules: 64383, 64386, 66219, 66471 725...... 62207 742...... 64078 31...... 61813, 63019 38 CFR 740...... 62207 774...... 64078 35...... 61813 1...... 64040 741...... 62207 1500...... 65288 53...... 65526 9...... 63208 747...... 62207 16 CFR 301...... 64386 748...... 62207 39 CFR 750...... 62207 303...... 63012 27 CFR 20...... 65225 Proposed Rules: 310...... 62596 Proposed Rules: 225...... 63222 Proposed Rules: Proposed Rules: 9 ...... 61895, 61899, 61907, 228...... 66410 640...... 63462 20...... 65310 67469, 67475 238...... 63222 111...... 65311 17 CFR 3050...... 63473 252...... 63222 28 CFR 39...... 67160 271...... 65262 40 CFR 303...... 65270 140...... 67160 0...... 67446 390...... 65270 200...... 65470 50...... 63200 2...... 66230 201...... 65470 68...... 63204 51...... 63394 13 CFR 210...... 66108 541...... 66226 52 ...... 64044, 64046, 64050, 229...... 63726, 66108 64966, 64969, 65236, 65706, 119...... 62950 29 CFR 120...... 66214 230...... 64234 65722, 65727, 66240, 66257, 121...... 66146 239...... 63726 1601...... 65214 66264, 66484, 66876, 67282 124...... 66146 240 ...... 63726, 64234, 65470 1626...... 65214 60...... 63394, 64398 125...... 66146 242...... 65470 2200...... 65220 61...... 63394 126...... 66146 249...... 66108 2400...... 65221 62...... 63447 4022...... 65224 63...... 63394, 64398 127...... 66146 18 CFR 134...... 63191, 66146 4902...... 63445 147...... 64053 35...... 67094 Proposed Rules: 170...... 63449 Proposed Rules: 40...... 65207 121...... 62239, 62372 102...... 64078 180 ...... 63450, 63453, 65729, Proposed Rules: 402...... 64726 67285, 67288, 67291 14 CFR 153...... 66287 403...... 64726 271...... 67293 157...... 66287 21...... 62951 408...... 64726 423...... 64650 292...... 62632 25 ...... 67433, 67435, 67436, 1601...... 64079 1042...... 62218 67439 19 CFR 1626...... 64079 Proposed Rules: 39 ...... 61811, 62975, 62979, 2700...... 63047 52 ...... 62679, 62687, 63064, Ch. I...... 67275, 67276 4001...... 64425 63066, 64084, 64089, 65008, 62981, 62990, 62993, 63002, 12...... 64020 63193, 63195, 63431, 63434, 4901...... 64425 65013, 65755, 66295, 66296 63438, 63440, 63443, 64009, 20 CFR 60...... 65774 30 CFR 147...... 64437 64375, 64949, 64952, 64955, 645...... 65693 1202...... 62016 174...... 64308 64958, 64961, 64963, 65190, 655...... 63872 1206...... 62016 257...... 65015 65193, 65197, 65200, 65672, 656...... 63872 65674, 66469, 66873 Proposed Rules: 721 ...... 64280, 65782, 66506 61...... 62951 21 CFR 250...... 65904 42 CFR 63...... 62951 1...... 62094 290...... 65904 65...... 62951 101...... 66217 550...... 65904 414...... 65732 71 ...... 62572, 62573, 62575, 251...... 62094 556...... 65904 417...... 64401 62577, 62578, 64014, 64377, 1301...... 67278 1206...... 62054 422...... 64401 65203, 65677, 67267, 67439, 1308...... 62215, 63014 1241...... 62054 423...... 64401 67441, 67442 1401...... 65694 Proposed Rules: 31 CFR 73...... 63007 Proposed Rules: 110...... 65311 91 ...... 62951, 65678, 65686 520...... 61816 1...... 62632 43 CFR 97 ...... 62579, 62580, 65204, 1300...... 62634 544...... 61823 65205 1301...... 62634 560...... 61823 420...... 67294 107...... 62951 1304...... 62634 3000...... 64056 32 CFR 125...... 62951 1306...... 62634 Proposed Rules: 141...... 62951 1307...... 62634 589...... 64966 17...... 64090 Proposed Rules: 39 ...... 61877, 61879, 61881, 22 CFR 33 CFR 45 CFR 61884, 61886, 61889, 61892, 228...... 67443 110...... 67278 1304...... 65733
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1305...... 65733 97...... 64062 217...... 65733 32...... 65610 1610...... 63209 101...... 64404 252...... 65733 37...... 65610 1630...... 63209 Proposed Rules: 515...... 62612 38...... 65610 2500...... 65239 1...... 65566, 66888 532...... 61871 39...... 65610 2...... 66888 538...... 62612 42...... 65610 46 CFR 27...... 66888 552...... 62612 44...... 65610 16...... 61825 64 ...... 64091, 66512, 67480 Ch. 7 ...... 65734 46...... 65610 310...... 67299 841...... 67462 47...... 65610 Proposed Rules: 48 CFR 842...... 67462 49...... 65610 121...... 62842 Ch. 1...... 62484, 67612, 67629 852...... 61872 52...... 65610 160...... 62842 1...... 62485, 67613 1503...... 66266 53...... 65610 169...... 62842 2...... 62485, 67615 1552...... 66266 252...... 65787 184...... 62842 3...... 62485 1845...... 64069 199...... 62842 4...... 67628 Proposed Rules: 49 CFR 540...... 65020 5...... 62485 1...... 65610 6...... 62485 2...... 65610 213...... 63362 47 CFR 8...... 62485, 67617 3...... 65610 Proposed Rules: 0...... 63116, 64404 9 ...... 62485, 67615, 67619 4...... 65610 191...... 65142 1 ...... 63116, 64061, 64404 10...... 62485, 67623 5...... 65610 192...... 65142 2 ...... 61825, 64062, 64404 12 ...... 62485, 67619, 67623 6...... 65610 1039...... 62689 3...... 64404 13...... 62485, 67619 7...... 65610 1201...... 62271 9...... 67447 15...... 62485, 67613 8...... 65610 11...... 64404 16...... 62485 9...... 65610 50 CFR 15...... 64404 17...... 62485 10...... 65610 20...... 64404 19...... 62485, 67615 11...... 65610 17 ...... 63764, 63806, 65241 24...... 64404 22...... 62485, 67626 12...... 65610 622 ...... 64978, 65740, 67309 25...... 64404 26...... 62485 13...... 65610 635 ...... 61872, 64411, 65740 27...... 64404 28...... 67613 14...... 65610 648 ...... 62613, 63460, 67311 52...... 64404 29...... 67623 15...... 65610 660...... 66270 64 ...... 64404, 64971, 67447, 30...... 67613 16...... 65610, 67327 665...... 63216 67450 32...... 62485 18...... 65610 679 ...... 61875, 62613, 63037, 67...... 64404 36...... 62485 19...... 65610 63038, 64070, 64413, 66280, 68...... 64404 42...... 62485, 67613 22...... 65610 67463 73 ...... 61871, 64404, 67303 43...... 67619 23...... 65610 Proposed Rules: 74...... 64404 44...... 67613 25...... 65610 17 ...... 63474, 64618, 64908, 76...... 63116, 64404 50...... 62485 26...... 65610 66906 79...... 64404 52 ...... 62485, 67615, 67619, 27...... 65610 20...... 64097 80...... 64404 67623, 67626, 67628 28...... 65610 36...... 64106 87...... 64404 53...... 62485, 67628 29...... 65610 300...... 66513 90...... 64062, 64404 204...... 65733 30...... 65610 660 ...... 61912, 62492, 66519 95...... 64404 212...... 65733 31...... 65610 665...... 65336
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S. 743/P.L. 116–170 S. 832/P.L. 116–175 Merrill’s Marauders To nullify the Supplemental LIST OF PUBLIC LAWS Congressional Gold Medal Act Treaty Between the United Public Laws Electronic (Oct. 17, 2020; 134 Stat. 775) States of America and the Confederated Tribes and Notification Service S. 785/P.L. 116–171 This is a continuing list of Bands of Indians of Middle (PENS) public bills from the current Commander John Scott Oregon, concluded on session of Congress which Hannon Veterans Mental November 15, 1865. (Oct. 20, have become Federal laws. Health Care Improvement Act 2020; 134 Stat. 848) This list is also available of 2019 (Oct. 17, 2020; 134 H.R. 1812/P.L. 116–176 PENS is a free email online at https:// Stat. 778) Vet Center Eligibility notification service of newly www.archives.gov/federal- S. 2661/P.L. 116–172 Expansion Act (Oct. 20, 2020; enacted public laws. To register/laws. National Suicide Hotline 134 Stat. 849) subscribe, go to https:// Designation Act of 2020 (Oct. H.R. 2372/P.L. 116–177 listserv.gsa.gov/cgi-bin/ The text of laws is not 17, 2020; 134 Stat. 832) Veterans’ Care Quality wa.exe?SUBED1=PUBLAWS- Transparency Act (Oct. 20, published in the Federal H.R. 4779/P.L. 116–173 L&A=1 Register but may be ordered 2020; 134 Stat. 851) To extend the Undertaking H.R. 6168/P.L. 116–178 in ‘‘slip law’’ (individual Spam, Spyware, And Fraud Note: This service is strictly pamphlet) form from the Veterans’ Compensation Cost- Enforcement With Enforcers of-Living Adjustment Act of for email notification of new Superintendent of Documents, beyond Borders Act of 2006, U.S. Government Publishing 2020 (Oct. 20, 2020; 134 Stat. laws. The text of laws is not and for other purposes. (Oct. 853) available through this service. Office, Washington, DC 20402 20, 2020; 134 Stat. 837) (phone, 202–512–1808). The S. 1321/P.L. 116–179 PENS cannot respond to text will also be made S. 294/P.L. 116–174 Defending the Integrity of specific inquiries sent to this available at https:// Native American Business Voting Systems Act (Oct. 20, address. www.govinfo.gov. Some laws Incubators Program Act (Oct. 2020; 134 Stat. 855) may not yet be available. 20, 2020; 134 Stat. 839) Last List October 15, 2020
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