FEDERAL REGISTER

Vol. 85 Tuesday, No. 184 September 22, 2020

Pages 59377–59642

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 184

Tuesday, September 22, 2020

Agricultural Marketing Service See Federal Energy Regulatory Commission PROPOSED RULES NOTICES Pecan Research, Promotion, and Information Order, 59610– Draft Waste Incidental to Reprocessing Evaluation: 59638 Vitrified Low-Activity Waste Disposed Onsite at the Hanford Site, WA; Comment Period Extension, 59518 Agriculture Department See Agricultural Marketing Service Energy Information Administration See Farm Service Agency NOTICES See National Agricultural Statistics Service Agency Information Collection Activities; Proposals, See Office of Partnerships and Public Engagement Submissions, and Approvals, 59518–59520 See Rural Business-Cooperative Service See Rural Housing Service Environmental Protection Agency See Rural Utilities Service RULES RULES Air Quality State Implementation Plans; Approvals and Coronavirus Food Assistance Program, 59380–59388 Promulgations: NOTICES Georgia: Emission Reduction Credits, 59436–59438 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 59512–59513 Air Quality State Implementation Plans; Approvals and Promulgations: Children and Families Administration Washington; Interstate Transport Requirements for the NOTICES 2010 Sulfur Dioxide National Ambient Air Quality Agency Information Collection Activities; Proposals, Standards; Correction and Reopening of Comment Submissions, and Approvals: Period, 59486 Temporary Assistance for Needy Families Expenditure NOTICES Report, 59529–59530 Meetings: Chartered Science Advisory Board, 59524 Civil Rights Commission Pesticide Product Registration: NOTICES Applications for New Uses; August 2020, 59527–59528 Meetings: Pesticide Registration Review: Alaska Advisory Committee, 59515–59516 Interim Decisions for the Triazines, 59525–59526 Arizona Advisory Committee, 59514–59515 Proposed Administrative Settlement Agreement and Order on Consent for Removal: Commerce Department Pure Earth Recycling Superfund Site, City of Vineland, See Industry and Security Bureau Cumberland County, NJ, 59526–59527 See National Oceanic and Atmospheric Administration Proposed CERCLA Settlement Agreement and Order on Consent for Removal Action: Commodity Futures Trading Commission Bona Fide Prospective Purchaser for the Alfred Heller PROPOSED RULES Heat Treating Superfund Site, City of Clifton, Passaic Margin Requirements for Uncleared Swaps for Swap County, NJ, 59525 Dealers and Major Swap Participants, 59470–59480 Proposed Cost Recovery Settlement under CERCLA: NOTICES Charlestown Mall Site, Utica and Frankfort, Oneida and Charter Renewal: Herkimer Counties, NY, 59528 Technology Advisory Committee, 59516 Operable Unit Two of the Diamond Alkali Superfund Site, in or about Essex and Hudson Counties, NJ, Education Department 59524–59525 NOTICES Agency Information Collection Activities; Proposals, Executive Office for Immigration Review Submissions, and Approvals: NOTICES Early Childhood Longitudinal Study, Kindergarten Class Agency Information Collection Activities; Proposals, of 2022–23, Kindergarten and First-Grade Field Test Submissions, and Approvals: Data Collection, National Sampling, and National Notice of Entry of Appearance as Attorney or Recruitment, 59516–59517 Representative before the Board of Immigration Generic Application Package for Departmental Generic Appeals, 59549–59550 Grant Programs, 59517–59518 Farm Service Agency Employee Benefits Security Administration RULES NOTICES Strategic Economic and Community Development, 59388– Requests for Nominations: 59395 Advisory Council on Employee Welfare and Pension Benefit Plans, 59553 Federal Aviation Administration RULES Energy Department Accepted Means of Compliance; Airworthiness Standards: See Energy Information Administration Normal Category Airplanes, 59400–59404

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Airworthiness Directives: Food and Drug Administration Airbus Helicopters, 59416–59419 RULES Airbus Helicopters Deutschland GmbH Helicopters, Postmarketing Safety Reports for Approved New Animal 59413–59416 Drugs; Electronic Submission Requirements; Airbus SAS Airplanes, 59406–59409 Correction, 59427 Leonardo S.p.a. Helicopters, 59404–59406, 59411–59413 Leonardo S.p.A. Helicopters, 59409–59411 Foreign Assets Control Office PROPOSED RULES NOTICES Airworthiness Directives: Blocking or Unblocking of Persons and Properties, 59601– Airbus Helicopters, 59454–59457 59606 Airbus SAS Airplanes, 59460–59463 Textron Aviation Inc. (Textron) Airplanes, 59457–59460 Health and Human Services Department The Boeing Company Airplanes, 59449–59454 See Children and Families Administration Amendment of Class D Airspace, and Removal of Class E See Food and Drug Administration Airspace: See Health Resources and Services Administration Homestead, FL, 59463–59464 See National Institutes of Health Amendment of Class E Airspace: RULES DuBois, PA, 59465–59466 Removing Financial Disincentives to Living Organ NOTICES Donation, 59438–59445 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, National Airspace System Data Release Request, 59600– Submissions, and Approvals, 59537–59538 59601

Federal Bureau of Investigation Health Resources and Services Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Maternal and Child Health Bureau-Initiated Supplemental Submissions, and Approvals: Award: Age, Sex, Race, and Ethnicity of Persons Arrested under Immune Deficiency Foundation for the Severe Combined 18 Years of Age; Age, Sex, Race, and Ethnicity of Immunodeficiency Screening and Education Persons Arrested 18 Years of Age and over, 59550– Program, 59534–59535 59551 National Vaccine Injury Compensation Program: Monthly Return of Arson Offenses Known to Law List of Petitions Received, 59535–59537 Enforcement, 59551 Reimbursement of Travel and Subsistence Expenses Toward Living Organ Donation Program Eligibility Federal Communications Commission Guidelines, 59530–59534 NOTICES Meetings: Homeland Security Department Disability Advisory Committee, 59528–59529 See U.S. Customs and Border Protection

Federal Energy Regulatory Commission Industry and Security Bureau NOTICES RULES Application: Addition of Entities to the Entity List: Alaska Electric Light and Power Co., 59522–59523 Corrections to Certain Existing Entries on the Entity List, Carbon Zero, LLC; North Bennington Hydroelectric, LLC, 59419–59427 59523 Combined Filings, 59520–59522 Interior Department Initial Market-Based Rate Filings Including Requests for See Fish and Wildlife Service Blanket Section 204 Authorizations: Harts Mill Solar, LLC, 59523 Records Governing Off-the-Record Communications, 59521 Internal Revenue Service RULES Federal Reserve System Ownership Attribution under Section 958 including for NOTICES Purposes of Determining Status as Controlled Foreign Change in Bank Control Notices: Corporation or United States Shareholder, 59428–59436 Acquisitions of Shares of a Bank or Bank Holding PROPOSED RULES Company, 59529 Ownership Attribution under Section 958 for Purposes of Sections 367(a) and 954(c)(6), 59481–59484 Federal Trade Commission PROPOSED RULES International Trade Commission Affiliate Marketing Rule, 59466–59469 NOTICES Agency Information Collection Activities; Proposals, Fish and Wildlife Service Submissions, and Approvals: PROPOSED RULES Qualitative Feedback on Agency Service Delivery, 59544– Endangered and Threatened Wildlife and Plants: 59545 Threatened Species Status with Section 4(d) Rule and Antidumping or Countervailing Duty Investigations, Orders, Critical Habitat Designation for Atlantic Pigtoe, or Reviews: 59487–59511 4th Tier Cigarettes from Korea, 59543

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Complaint: PROPOSED RULES Certain Shingled Solar Modules, Components Thereof, List of Approved Spent Fuel Storage Casks: and Methods for Manufacturing the Same, 59546– NAC International, Inc. MAGNASTOR Storage System, 59547 Certificate of Compliance No. 1031, Amendment No. Investigations; Determinations, Modifications, and Rulings, 9, 59447–59448 etc.: NOTICES Certain Fish-Handling Pliers and Packaging Thereof; Applications and Amendments to Facility Operating Corrected General Exclusion Order, 59542–59543 Licenses and Combined Licenses Involving No Certain Gas Spring Nailer Products and Components Significant Hazards Considerations: Thereof, 59543–59544 Biweekly Notice, 59559–59565 Certain Luxury Vinyl Tile and Components Thereof: Environmental Assessments; Availability, etc.: Issuance of a General Exclusion Order and Cease and Exelon Generation Co., LLC; Three Mile Island Nuclear Desist Orders; Termination of Investigation, 59548– Station, Units 1 and 2, 59565–59568 59549 Polyethylene Terephthalate Film, Sheet, and Strip from Occupational Safety and Health Administration India and Taiwan, 59548 NOTICES Polyvinyl Alcohol from China and Japan, 59545–59546 Application for Expansion of Recognition: Applied Research Laboratories of South Florida, LLC, Justice Department 59554–59555 See Executive Office for Immigration Review QAI Laboratories, Ltd., 59557–59559 See Federal Bureau of Investigation Grant of Recognition and Modification to the Nationally NOTICES Recognized Testing Laboratory Program’s List of Proposed Consent Decree under CERCLA, 59551–59553 Appropriate Test Standards; DEKRA Certification, Inc., 59555–59557 Labor Department Office of Partnerships and Public Engagement See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Meetings: Advisory Committee on Minority Farmers, 59514 National Agricultural Statistics Service NOTICES Personnel Management Office Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 59513–59514 Federal Employees’ Retirement System; Normal Cost Percentage for Certain Members of the National Endowment for the Arts Capitol Police, 59377–59378 NOTICES Present Value Conversion Factors for Spouses of Meetings: Deceased Separated Employees, 59378–59380 National Council on the Arts, 59559 Postal Regulatory Commission National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Arts New Postal Products, 59568

National Institutes of Health Postal Service NOTICES PROPOSED RULES Meetings: Addressing Standards, 59484–59486 Center for Scientific Review, 59539–59541 National Center for Advancing Translational Sciences, Presidential Documents 59541 ADMINISTRATIVE ORDERS National Heart, Lung, and Blood Institute, 59538, 59541 Terrorism; Continuation of National Emergency Respecting National Institute of Allergy and Infectious Diseases, Persons Who Commit, Threaten To Commit, or Support 59540–59541 (Notice of September 18, 2020), 59639–59642 National Institute of Neurological Disorders and Stroke, 59538 Rural Business-Cooperative Service National Institute on Drug Abuse, 59539 RULES Strategic Economic and Community Development, 59388– National Oceanic and Atmospheric Administration 59395 RULES Atlantic Highly Migratory Species: Rural Housing Service Atlantic Bluefin Tuna Fisheries, 59445–59446 RULES Strategic Economic and Community Development, 59388– Nuclear Regulatory Commission 59395 RULES List of Approved Spent Fuel Storage Casks: Rural Utilities Service NAC International, Inc. MAGNASTOR Storage System, RULES Certificate of Compliance No. 1031, Amendment No. Strategic Economic and Community Development, 59388– 9, 59395–59400 59395

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Securities and Exchange Commission U.S. Customs and Border Protection NOTICES NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, MEMX, LLC, 59580–59582 Submissions, and Approvals: NYSE Arca, Inc., 59568–59574 Detention, 59542 NYSE Chicago, Inc., 59582–59586 NYSE National, Inc., 59576–59580 Veterans Affairs Department The Nasdaq Stock Market, LLC, 59574–59576 NOTICES Reasonable Charges for Inpatient Medical Severity- Small Business Administration Diagnosis Related Groups and Skilled Nursing Facility NOTICES Medical Services, 59606–59607 Declaration of an Economic Injury Disaster: State of Washington, 59586

State Department Separate Parts In This Issue NOTICES Meetings: Part II Overseas Security Advisory Council, 59586 Agriculture Department, Agricultural Marketing Service, 59610–59638 Trade Representative, Office of United States NOTICES Part III Product Exclusion Extensions: Presidential Documents, 59639–59642 China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 59587–59600 Tariff-Rate Quota Allocations: Reader Aids Fiscal Year 2020; Raw Cane Sugar, 59586–59587 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice Transportation Department of recently enacted public laws. See Federal Aviation Administration To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Treasury Department accounts/USGPOOFR/subscriber/new, enter your e-mail See Foreign Assets Control Office address, then follow the instructions to join, leave, or See Internal Revenue Service manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Notices: Notice of September 18, 2020 ...... 59641 5 CFR 841...... 59377 843...... 59378 7 CFR Ch. XVIII ...... 59388 9...... 59380 1779...... 59388 1780...... 59388 3570...... 59388 3575...... 59388 4279...... 59388 4280...... 59388 Proposed Rules: 1223...... 59610 10 CFR 72...... 59395 Proposed Rules: 72...... 59447 14 CFR 23...... 59400 39 (6 documents) ...... 59404, 59406, 59409, 59411, 59413, 59416 Proposed Rules: 39 (5 documents) ...... 59449, 59451, 59454, 59457, 59460 71 (2 documents) ...... 59463, 59465 15 CFR 744...... 59419 16 CFR Proposed Rules: 680...... 59466 17 CFR Proposed Rules: 23...... 59470 21 CFR 514...... 59427 26 CFR 1...... 59428 Proposed Rules: 1...... 59481 39 CFR Proposed Rules: 111...... 59484 40 CFR 52...... 59436 Proposed Rules: 52...... 59486 42 CFR 121...... 59438 50 CFR 635...... 59445 Proposed Rules: 17...... 59487

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Rules and Regulations Federal Register Vol. 85, No. 184

Tuesday, September 22, 2020

This section of the FEDERAL REGISTER populations. This rule is necessary to Appropriations Act, 2020. In accordance contains regulatory documents having general ensure that the rules for computation of with the Further Consolidated applicability and legal effect, most of which normal cost percentages are consistent Appropriations Act, 2020, 5 CFR are keyed to and codified in the Code of with the categories of employees as 841.403 must list members of the Federal Regulations, which is published under provided under 5 U.S.C. 8423(a)(1)(B)(i), Capitol Police covered under 5 U.S.C. 50 titles pursuant to 44 U.S.C. 1510. as amended by sec. 211 of title II, 8412(d) and 5 U.S.C. 8425(c) as a The Code of Federal Regulations is sold by division E of Public Law 116–94, the separate category. All other Capitol the Superintendent of Documents. Further Consolidated Appropriations Police, who are not members covered Act, 2020. under 5 U.S.C. 8412(d) and 5 U.S.C. The Middle Class Tax Relief and Jobs 8425(c), will fall under the new category OFFICE OF PERSONNEL Creation Act of 2012, sec. 5001 of Public of ‘‘other Congressional employees.’’ MANAGEMENT Law 112–96, 126 Stat. 157, and OPM received no written comments on subsequently, sect. 401 of Public Law the proposed rule published July 2, 5 CFR Part 841 113–67, 113 Stat. 1165, the Bipartisan 2020 (85 FR 39851). Budget Act of 2013, increased the RIN 3206–AO02 Regulatory Impact Analysis retirement contributions for certain Federal Employees’ Retirement FERS employees (Revised Annuity OPM has examined the impact of this System; Normal Cost Percentage for Employees (FERS–RAE) and Further rule as required by Executive Order Certain Members of the Capitol Police Revised Annuity Employees (FERS– 12866 and Executive Order 13563, FRAE)) and established separate FERS AGENCY: Office of Personnel which directs agencies to assess all costs deduction rates for Congressional Management. and benefits of available regulatory employees and members of the Capitol alternatives and, if regulation is ACTION: Final rule. Police. These Acts reduced the necessary, to select regulatory SUMMARY: The Office of Personnel retirement annuity accrual rates of new approaches that maximize net benefits Management (OPM) is adopting its legislative (Congressional) branch (including potential economic, proposed rule to revise the categories of employees (other than Capitol Police) environmental, public, health, and employees for computation of normal equal to that of most regular federal safety effects, distributive impacts, and cost percentages for certain members of employees, while the retirement accrual equity). A regulatory impact analysis the Capitol Police who are covered by rates for new Capitol Police remained at must be prepared for major rules with the Federal Employees’ Retirement an enhanced level. Despite the economically significant effects of $100 System (FERS) Act of 1986. difference in annuity benefits, these million or more in any one year. This Acts did not establish separate rule was not designated as a ‘‘significant DATES: This rule becomes effective on employee categories for the computation October 1, 2020. regulatory action,’’ under Executive of normal cost percentages for Capitol Order 12866. FOR FURTHER INFORMATION CONTACT: Police versus other legislative branch Karla Yeakle, (202) 606–0299. employees. With the passage of the Reducing Regulation and Controlling SUPPLEMENTARY INFORMATION: On April Further Consolidated Appropriations Regulatory Costs 6, 2020, OPM published notice 85 FR Act, 2020, members of the Capitol This rule is not an E.O. 13771 19174 in the Federal Register to revise Police covered under 5 U.S.C. 8412(d) regulatory action because this rule is the normal cost percentages under the and 5 U.S.C. 8425(c), who receive related to agency organization, Federal Employees’ Retirement System enhanced retirement accrual rates management, or personnel. (FERS) Act of 1986, Public Law 99–335, similar to that of law enforcement 100 Stat. 514, as amended, based on officers under 5 U.S.C. 8415(e), have Regulatory Flexibility Act economic assumptions and been removed from the Congressional demographic factors adopted by the employee normal cost category and now The Office of Personnel Management Board of Actuaries of the Civil Service have their own normal cost category. certifies that this rule will not have a Retirement System. As a result of new Section 841.403 of title 5, Code of significant economic impact on a legislation enacted on December 20, Federal Regulations, regulates the substantial number of small entities. 2019, under sec. 211 of title II, division categories of employees for computation Federalism E of Public Law 116–94, the Further of normal cost percentages that the Consolidated Appropriations Act, 2020, government is required to pay for We have examined this rule in OPM was required to provide separate employees under 5 U.S.C. 8423. OPM’s accordance with Executive Order 13132, normal cost percentages for certain final rule amends its regulation under 5 Federalism, and have determined that members of the Capitol Police as CFR 841.403 to eliminate the category of this rule will not have any negative distinct from other Congressional ‘‘Congressional employees, including impact on the rights, roles and Employees. Prior to the enactment of the members of the Capitol Police,’’ and to responsibilities of State, local, or tribal Further Consolidated Appropriations establish separate normal cost governments. Act, 2020, members of the Capitol percentages for certain members of the Civil Justice Reform Police were combined with Capitol Police and for Congressional Congressional Employees for the employees in compliance with sec. 211 This regulation meets the applicable purpose of determining the normal cost of title II, division E of Public Law 116– standard set forth in Executive Order percentages for those employee 94, the Further Consolidated 12988.

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Unfunded Mandates Reform Act of Office of Personnel Management. employee death benefit in 36 1995 Alexys Stanley, installments under the Federal This rule will not result in the Regulatory Affairs Analyst. Employees’ Retirement System (FERS) expenditure by state, local, and tribal For the reasons stated in the Act of 1986. These rules are necessary governments, in the aggregate, or by the preamble, the Office of Personnel to ensure that the tables conform to the private sector, of $100 million or more Management amends 5 CFR part 841 as economic and demographic in any year and it will not significantly follows: assumptions adopted by the Board of or uniquely affect small governments. Actuaries and published in the Federal Therefore, no actions were deemed PART 841—FEDERAL EMPLOYEES Register on April 6, 2020, as required by necessary under the provisions of the RETIREMENT SYSTEM—GENERAL the United States Code. Unfunded Mandates Reform Act of ADMINISTRATION DATES: This rule becomes effective on 1995. October 1, 2020. ■ 1. The authority citation for part 841 Congressional Review Act continues to read as follows: FOR FURTHER INFORMATION CONTACT: Karla Yeakle, (202) 606–0299. This action pertains to agency Authority: 5 U.S.C. 8461; Sec. 841.108 management, personnel, and also issued under 5 U.S.C. 552a; Secs. SUPPLEMENTARY INFORMATION: On April organization and does not substantially 841.110 and 841.111 also issued under 5 6, 2020, OPM published at 85 FR 19174, affect the rights or obligations of U.S.C. 8470(a); subpart D also issued under a notice in the Federal Register to revise 5 U.S.C. 8423; Sec. 841.504 also issued under the normal cost percentages under the nonagency parties and, accordingly, is 5 U.S.C. 8422; Sec. 841.507 also issued under not a ‘‘rule’’ as that term is used by the section 505 of Pub. L. 99–335; subpart J also Federal Employees’ Retirement System Congressional Review Act (Subtitle E of issued under 5 U.S.C. 8469; Sec. 841.506 also (FERS) Act of 1986, Public Law 99–335, the Small Business Regulatory issued under 5 U.S.C. 7701(b)(2); Sec. 100 Stat. 514, as amended, based on Enforcement Fairness Act of 1996 841.508 also issued under section 505 of Pub. economic assumptions and (SBREFA)). Therefore, the reporting L. 99–335; Sec. 841.604 also issued under demographic factors adopted by the requirement of 5 U.S.C. 801 does not Title II, Pub. L. 106–265, 114 Stat. 780. Board of Actuaries of the Civil Service apply. ■ 2. Amend § 841.403 by revising Retirement System. By statute under 5 paragraph (b), redesignating paragraphs U.S.C. 8461(i), the revisions to the Paperwork Reduction Act (c) through (h) as paragraphs (d) through actuarial assumptions require Notwithstanding any other provision (i), and adding new paragraph (c) to corresponding changes in factors used of law, no person is required to respond read as follows: to produce actuarially equivalent to, nor shall any person be subject to a benefits when required by the FERS Act. penalty for failure to comply with a § 841.403 Categories of employees for As a result, on July 2, 2020, at 85 FR computation of normal cost percentages. collection of information subject to the 39852, OPM published a proposed rule requirements of the Paperwork * * * * * in the Federal Register to revise the Reduction Act of 1995 (44 U.S.C. 3501 (b) Capitol Police covered under 5 table of reduction factors in Appendix A et seq.) (PRA), unless that collection of U.S.C. 8412(d) and 5 U.S.C. 8425(c); to subpart C of part 843, Code of Federal information displays a currently valid (c) Other Congressional employees; Regulations, for early commencing dates Office of Management and Budget * * * * * of survivor annuities for spouses of (OMB) Control Number. [FR Doc. 2020–20783 Filed 9–21–20; 8:45 am] separated employees who die before the This rule involves an OMB approved BILLING CODE 6325–38–P date on which they would be eligible for collection of information subject to the unreduced deferred annuities, and to PRA Application for Death Benefits revise the annuity factor for spouses of (FERS)/Documentation and Elections in OFFICE OF PERSONNEL deceased employees who die in service Support of Application for Death MANAGEMENT when those spouses elect to receive the basic employee death benefit in 36 Benefits when Deceased was an 5 CFR Part 843 Employee at the Time of Death (FERS), installments under 5 CFR 843.309. OPM 3206–0172. The public reporting burden RIN 3206–AO03 received no written comments on the for this collection is estimated to proposed rule. Federal Employees’ Retirement average 60 minutes per response, Regulatory Impact Analysis including time for reviewing System; Present Value Conversion instructions, searching existing data Factors for Spouses of Deceased OPM has examined the impact of this sources, gathering and maintaining the Separated Employees rule as required by Executive Order data needed, and completing and AGENCY: Office of Personnel 12866 and Executive Order 13563, reviewing the collection of information. Management. which directs agencies to assess all costs The total burden hour estimate for this ACTION: Final rule. and benefits of available regulatory form is 16,751 hours. The systems of alternatives and, if regulation is record notice for this collection is: OPM SUMMARY: The Office of Personnel necessary, to select regulatory SORN CENTRAL-1-Civil Service Management (OPM) is adopting its approaches that maximize net benefits Retirement and Insurance Records. proposed rule to revise the table of (including potential economic, reduction factors for early commencing environmental, public, health, and List of Subjects in 5 CFR Part 841 dates of survivor annuities for spouses safety effects, distributive impacts, and Administrative practice and of separated employees who die before equity). A regulatory impact analysis procedure, Air traffic controllers, the date on which they would be must be prepared for major rules with Claims, Disability benefits, Firefighters, eligible for unreduced deferred economically significant effects of $100 Government employees, Income taxes, annuities, and to revise the annuity million or more in any one year. This Intergovernmental relations, Law factor for spouses of deceased rule was not designated as a ‘‘significant enforcement officers, Pensions, employees who die in service when regulatory action,’’ under Executive Retirement. those spouses elect to receive the basic Order 12866.

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Reducing Regulation and Controlling PRA Application for Death Benefits Age of separated Regulatory Costs (FERS)/Documentation and Elections in employee at birthday Multiplier before death This rule is not an E.O. 13771 Support of Application for Death Benefits when Deceased was an regulatory action because this rule is 26 ...... 1014 related to agency organization, Employee at the Time of Death (FERS), 27 ...... 1077 management, or personnel. 3206–0172. The public reporting burden 28 ...... 1144 for this collection is estimated to 29 ...... 1215 Regulatory Flexibility Act average 60 minutes per response, 30 ...... 1290 The Office of Personnel Management including time for reviewing 31 ...... 1370 certifies that this rule will not have a instructions, searching existing data 32 ...... 1454 significant economic impact on a sources, gathering and maintaining the 33 ...... 1544 34 ...... 1641 substantial number of small entities. data needed, and completing and reviewing the collection of information. 35 ...... 1742 Federalism The total burden hour estimate for this 36 ...... 1852 37 ...... 1963 We have examined this rule in form is 16,751 hours. The systems of 38 ...... 2090 accordance with Executive Order 13132, record notice for this collection is: OPM 39 ...... 2216 Federalism, and have determined that SORN CENTRAL-1-Civil Service 40 ...... 2348 this rule will not have any negative Retirement and Insurance Records. 41 ...... 2498 42 ...... 2657 impact on the rights, roles and List of Subjects in 5 CFR Part 843 responsibilities of State, local, or tribal 43 ...... 2822 governments. Air traffic controllers, Disability 44 ...... 3007 45 ...... 3197 benefits, Firefighters, Government Civil Justice Reform 46 ...... 3409 employees, Law enforcement officers, 47 ...... 3625 This regulation meets the applicable Pensions, Retirement. 48 ...... 3860 standard set forth in Executive Order Office of Personnel Management. 49 ...... 4114 12988. 50 ...... 4386 Alexys Stanley, 51 ...... 4681 Unfunded Mandates Reform Act of Regulatory Affairs Analyst. 1995 52 ...... 4997 53 ...... 5336 This rule will not result in the For the reasons stated in the 54 ...... 5703 expenditure by state, local, and tribal preamble, the Office of Personnel 55 ...... 6095 governments, in the aggregate, or by the Management amends 5 CFR part 843 as 56 ...... 6527 private sector, of $100 million or more follows: 57 ...... 6994 in any year and it will not significantly 58 ...... 7499 PART 843—FEDERAL EMPLOYEES 59 ...... 8047 or uniquely affect small governments. RETIREMENT SYSTEM—DEATH 60 ...... 8642 Therefore, no actions were deemed BENEFITS AND EMPLOYEE REFUNDS 61 ...... 9291 necessary under the provisions of the Unfunded Mandates Reform Act of ■ With at least 20, but less than 30 years of 1995. 1. The authority citation for part 843 creditable service— is revised to read as follows: Congressional Review Act Authority: 5 U.S.C. 8461; 843.205, 843.208, Age of separated This action pertains to agency and 843.209 also issued under 5 U.S.C. 8424; employee at birthday Multiplier management, personnel, and 843.309 also issued under 5 U.S.C. 8442; before death 843.406 also issued under 5 U.S.C. 8441. organization and does not substantially 36 ...... 2142 affect the rights or obligations of ■ 2. In § 843.309, revise paragraph (b)(2) 37 ...... 2272 nonagency parties and, accordingly, is 38 ...... 2418 not a ‘‘rule’’ as that term is used by the to read as follows: 39 ...... 2566 Congressional Review Act (Subtitle E of § 843.309 Basic employee death benefit. 40 ...... 2720 the Small Business Regulatory 41 ...... 2894 * * * * * Enforcement Fairness Act of 1996 42 ...... 3078 (SBREFA)). Therefore, the reporting (b) * * * 43 ...... 3270 44 ...... 3484 requirement of 5 U.S.C. 801 does not (2) For deaths occurring on or after 45 ...... 3705 apply. October 1, 2020, 36 equal monthly 46 ...... 3949 Paperwork Reduction Act installments of 2.95307 percent of the 47 ...... 4201 amount of the basic employee death 48 ...... 4473 Notwithstanding any other provision benefit. 49 ...... 4767 of law, no person is required to respond 50 ...... 5082 * * * * * to, nor shall any person be subject to a 51 ...... 5423 penalty for failure to comply with a ■ 3. Revise Appendix A to subpart C of 52 ...... 5788 collection of information subject to the part 843 to read as follows: 53 ...... 6180 requirements of the Paperwork 54 ...... 6605 55 ...... 7060 Reduction Act of 1995 (44 U.S.C. 3501 Appendix A to Subpart C of Part 843— Present Value Conversion Factors for 56 ...... 7558 et seq.) (PRA), unless that collection of 57 ...... 8096 information displays a currently valid Earlier Commencing Date of Annuities of Current and Former Spouses of 58 ...... 8680 Office of Management and Budget 59 ...... 9312 (OMB) Control Number. Deceased Separated Employees This rule involves an OMB approved With at least 10 but less than 20 years of With at least 30 years of creditable collection of information subject to the creditable service— service—

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Multiplier by separated Age of separated employee’s year of birth employee at birthday before death From 1950 After 1966 through 1966

46 ...... 4881 .5228 47 ...... 5194 .5563 48 ...... 5531 .5924 49 ...... 5894 .6314 50 ...... 6283 .6730 51 ...... 6704 .7180 52 ...... 7154 .7662 53 ...... 7638 .8181 54 ...... 8162 .8741 55 ...... 8725 .9345 56 ...... 9338 1.0000

[FR Doc. 2020–20784 Filed 9–21–20; 8:45 am] FR 30825–30835), with corrections production and marketing of BILLING CODE 6325–38–P published in the Federal Register on agricultural commodities; June 12, 2020 (85 FR 35799–35800), July • Remove or dispose of surplus 10, 2020 (85 FR 41328–41330), August agricultural commodities; and DEPARTMENT OF AGRICULTURE 14, 2020 (85 FR 49593–49594), and • Develop new and additional documents published in the Federal markets, marketing facilities, and uses Office of the Secretary Register on May 22, 2020 (85 FR 31062– for the commodities. 31065), June 12, 2020 (85 FR 35812), Funds available under 15 U.S.C. 7 CFR Part 9 July 10, 2020 (85 FR 41321–41323), and 714c(b), (d), and (e) cannot be used to provide assistance for tobacco; however, [Docket ID: FSA–2020–0006] August 14, 2020 (85 FR 49589–49593). The application period for the first tobacco will be eligible for CFAP 2 with RIN 0503–AA65 round of CFAP payments (referred to in payments funded by remaining funds this rule and hereinafter as CFAP 1) was authorized by the Coronavirus Aid, Coronavirus Food Assistance Program May 26, 2020, through September 11, Relief, and Economic Security Act AGENCY: Office of the Secretary, USDA. 2020. (CARES Act; Pub. L. 116–136). In this final rule, USDA is ACTION: Final rule. Payments implementing a second round of SUMMARY: The Secretary of Agriculture payments under CFAP (CFAP 2) for CFAP 2 payments will be made for is issuing this rule to provide additional producers of agricultural commodities three categories of commodities: assistance under the Coronavirus Food who face continuing market disruptions, 1. Price trigger commodities (major Assistance Program (CFAP) to low farm-level prices, and significant commodities that meet a minimum 5- agricultural producers who continue to marketing costs. These additional percent price decline over a specified be impacted by the effects of the significant marketing costs are time period); COVID–19 outbreak. This rule specifies associated with declines in demand, 2. Flat-rate crops; and the eligibility requirements, payment surplus production, and disruptions to 3. Sales commodities. calculations, and application shipping patterns and the orderly Eligible price trigger commodities procedures for a second round of marketing of commodities. include barley, corn, sorghum, payments (CFAP 2). In addition, it also CFAP 2 will provide eligible soybeans, sunflowers, upland cotton, extends the special payment limitation producers with financial assistance that wheat (all classes), broilers, eggs, beef provisions to trusts and estates for CFAP gives them the ability to absorb cattle, dairy, hogs and pigs, and lambs 1 and amends the provisions regarding increased marketing costs associated and sheep. Price trigger commodities are applicable year and direct attribution of with the COVID–19 outbreak. In commodities that had a 5 percent or payments to members of legal entities accordance with 15 U.S.C. 714b, the greater price decline due to COVID–19 that qualify for the increased payment Secretary is using funds of the in a comparison of the average price for limitation. Commodity Credit Corporation (CCC) to the week of January 13–17, 2020, and assist producers with the purchase of the average price for the week of July DATES: Effective September 22, 2020. materials and facilities required in 27–31, 2020. For price trigger crops, FOR FURTHER INFORMATION CONTACT: connection with the production and payments will be based on eligible acres William L. Beam; telephone: (202) 720– marketing of agricultural commodities, of the crop, which are the producer’s 3175; email: [email protected]. with an estimated $13.21 billion being share of 2020 determined acres if Persons with disabilities who require made available. These funds will be established by FSA, or reported acres on alternative means for communication used as authorized by sections 5(b), (d), FSA–578 if determined acres have not should contact the USDA Target Center and (e) of the CCC Charter Act (15 been established by FSA, excluding at (202) 720–2600 (voice). U.S.C. 714c(b), (d), and (e)). These prevented planting and experimental SUPPLEMENTARY INFORMATION: authorities will be used to partially acres. Payments for price trigger crops compensate producers for on-going will be the greater of: (1) The eligible Background market disruptions and assist with the acres multiplied by a payment rate of In response to the COVID–19 transition to a more orderly marketing $15 per acre; or (2) the eligible acres outbreak, USDA implemented CFAP system by enabling them to: multiplied by a nationwide crop through a final rule published in the • Purchase materials and facilities marketing percentage, multiplied by a Federal Register on May 21, 2020 (85 required in connection with the crop-specific payment rate, and then by

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the producer’s weighted 2020 Actual • Other crops not included in the total amount of CFAP 2 payments made Production History (APH) approved price trigger and flat-rate categories, with respect to all eligible commodities yield, or if the APH is not available, 85 including tobacco; under all three categories. percent of the 2019 Agriculture Risk • Goat milk; This rule also amends the special Coverage-County Option (ARC–CO) • Mink (including pelts); payment limitations in § 9.7(e) for both benchmark yield for that crop. For • Mohair; and CFAP 1 and CFAP 2. Previously, the broilers and eggs, payments will be • Wool. special payment limitation provisions based on 75 percent of the producer’s Payment calculations for the sales applied to corporations, limited liability 2019 production. For dairy, payments commodities will use a sales-based companies, and limited partnerships. will be based on April 1 to August 31, approach based on five payment Those corporate entities may receive up 2020, actual milk production and gradations associated with the to $750,000 in CFAP 1 payments based September 1, 2020, to December 31, producer’s 2019 sales of the commodity. on the number of shareholders or 2020, estimated milk production (based Payments cannot be calculated using members (not to exceed three on the producer’s daily average the methods described above for shareholders or members) who are production from April 1 to August 31, producers of broilers, eggs, and sales contributing at least 400 hours of active 2020, multiplied by the number of days commodities who began farming in personal labor or active personal the dairy operation commercially 2020 and had no 2019 production or management or combination thereof markets milk from September 1, 2020, sales. Payments for such producers will with respect to the operation of the through December 31, 2020). For price- be based on the producer’s actual 2020 corporate entity. triggered livestock, payments will be production or sales as of the date the This change amends the CFAP general based on a fixed number of head, which producer submits an application for provisions to extend those special is defined as the lower of the maximum payment. payment limitation provisions to trusts and estates, allowing them to be eligible owned inventory of eligible livestock, Eligibility excluding breeding stock, on a date for the optional payment limitation Only commercially produced selected by the eligible producer from increase based on the labor or commodities are eligible. April 16, 2020, through August 31, management contributions of the Producer must be in the business of 2020, or a specific number of head beneficiaries or heirs of such trusts and farming at the time of application. (4,546 head of cattle or 10,870 head of estates. Extending these provisions to Hay, except alfalfa, and crops hogs). In the payment calculation, the trusts and estates is necessary to intended for grazing are ineligible for maximum number of head of cattle and recognize that, similar to members, CFAP 2 and will not receive a CFAP 2 hogs, respectively, will be multiplied by partners, and stockholders of corporate payment. Crops with intended uses of entities, beneficiaries and heirs of trusts the number of payment limitations for green manure and left standing are also and estates may contribute at least 400 the producer. ineligible. hours of active personal labor or active Flat-rate crops are crops that either do Contract growers are ineligible for personal management or a combination not meet the 5-percent price decline CFAP 2 and will not receive a CFAP 2 thereof. Furthermore, trusts and estates trigger noted above or do not have data payment. are also affected by the price declines available to calculate a price change, but Average Adjusted Gross Income caused by COVID–19. will have CFAP 2 payments calculated This rule also changes the method by Limitation and Payment Limitation based on eligible acres of the crop which payments under the special planted in 2020, similar to price trigger A person or legal entity, other than a payment limitation provisions are crops. Eligible flat-rate crops include joint venture or general partnership, is attributed to individuals and legal alfalfa, Extra Long Staple (ELS) cotton, ineligible for payments if the person’s or entities for both CFAP 1 and CFAP 2. oats, peanuts, and rice, as well as some legal entity’s average adjusted gross The increased CFAP payment limitation crops with relatively small acreage— income (AGI), using the average of the for corporations, limited liability such as amaranth grain, buckwheat, adjusted gross incomes for the 2016, companies, limited partnerships, trusts, canola, crambe (colwort), einkorn, 2017 and 2018 tax years, is more than and estates based on contributions of at emmer, flax, guar, hemp, indigo, $900,000, unless at least 75 percent of least 400 hours of active personal labor industrial rice, kenaf, Khorasan, millet, that person’s or legal entity’s average or active personal management or mustard, oats, peanuts, quinoa, rice, AGI is derived from farming, ranching, combination thereof is unlike the sweet rice, wild rye, safflower, sesame, or forestry-related activities. If at least payment limitation under any other speltz, sugar beets, sugarcane, teff, 75 percent of the person’s or legal program administered by FSA. FSA’s triticale, and rapeseed. For flat-rate entity’s AGI is derived from farming, method of attributing CFAP payments crops, payments will be computed by ranching, or forestry-related activities based on ownership share of the legal multiplying: (1) The producer’s share of and the participant provides the entity in accordance with 7 CFR reported or determined 2020 planted required certification and 1400.105, which applies to other FSA- acres of the crop, excluding prevented documentation, the person or legal administered programs subject to planted and experimental acres, by (2) entity is eligible to receive CFAP payment limitation, creates inequity $15 per acre. payments up to the applicable payment when the pay limit for the legal entity The sales commodities category limitation. is increased under the special includes: With respect to joint ventures and provisions but not increased for each general partnerships, this AGI provision • Aquaculture grown in a controlled member of the entity. will be applied to each member of the Under 7 CFR 1400.105 for attributing environment; joint venture and general partnership. payments for most commodity • Nursery crops and floriculture; CFAP 2 payments are subject to a per programs, the maximum amount that a • Other livestock (excluding breeding person and legal entity payment legal entity could receive is limited by stock) not included under the price limitation of $250,000. This payment the maximum amount each eligible trigger category that were grown for limitation is separate from the CFAP 1 member may receive (directly or food, fiber, fur, or feathers; payment limitation, and it applies to the indirectly) based on ownership interest

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in the legal entity, which is $250,000. coverage or coverage under the If USDA determines that the For example, under current attribution Noninsured Crop Disaster Assistance producer’s application misrepresented rules, a corporation that qualifies for the Program (NAP) for an eligible CFAP either the total amount or producer’s increased limitation of $500,000 may commodity to be eligible for CFAP 2. share of the acres, production, head of only receive $450,000 when livestock, or sales, or if the CFAP 2 Application Process stockholders have unequal ownership payment would exceed the payment as shares in the legal entity. In this FSA will be responsible for calculated based on the correct share of example, Stockholder A holds 60 implementing CFAP 2. FSA will accept the acres, production, head of livestock, percent ownership share and CFAP 2 applications beginning or sales, the application will be Stockholder B holds 40 percent September 21, 2020, and ending disapproved and the participant must ownership share. The payment to the December 11, 2020. To apply for CFAP refund to USDA all CFAP 2 payments legal entity is determined by 2 payments, producers must submit a made to the producer with interest from multiplying each stockholder’s completed CFAP 2 application either in the date of disbursement. ownership interest by the payment person, by mail, email, or facsimile to Any required refunds must be limitation of the corporation. (For an FSA county office. A producer who resolved in accordance with debt × Stockholder A, 60 percent $500,000 = applies must submit additional settlement regulations in 7 CFR part 3. $300,000 (not to exceed $250,000); for documentation for eligibility, such as × Other Changes Stockholder B, 40 percent $500,000 = certifications of compliance with $200,000). The maximum payment to In addition to the changes necessary adjusted gross income provisions and to implement CFAP 2, USDA is moving the legal entity in this case is $450,000 conservation compliance activities; ($250,000 + $200,000). With the change definitions and payment calculation those additional documents and forms provisions that are specific to CFAP 1 to to attribution in this rule applicable to must be submitted no later than 60 days CFAP 1 and CFAP 2, the payment to the a new subpart B. This change is for from the date a producer signs the organizational purposes only; this rule legal entity qualifying for the increased application. Payments will not be made payment limitation will not be reduced does not change those definitions and until all necessary eligibility provisions. for ownership share, except for documentation is received, and will be ineligibility or prior payments to a This rule also adds a definition of reduced or not issued to the individuals ‘‘controlled environment’’ in § 9.2. This member, stockholder, partner, heir or or members of the entity when the beneficiary. The correction in how FSA definition is consistent with how the documentation is not submitted timely. term has been interpreted for the attributes and limits CFAP payments Producers who are applying for under the special provisions to the administration of CFAP 1 and for other payment for price trigger or flat-rate FSA disaster programs (see FSA members of the legal entity provides the crops must file a report of all acreage for ability for the legal entity to receive the handbook for CFAP 1 and the NAP the crop on FSA–578, Report of maximum amount, not to exceed handbook, found under Disaster Acreage. $500,000 or $750,000 as applicable, Assistance on the following web page: under the increased payment limitation, If supporting documentation is https://www.fsa.usda.gov/programs- regardless of the ownership interests of requested to verify the information and-services/laws-and-regulations/ the members, partners, and specified on the application, the handbooks/index); it is added only to stockholders, beneficiaries, or heirs producer must provide records that provide clarity. substantiate the reported information. contributing at least 400 hours of active Notice and Comment and Effective Date personal labor or active personal Examples of supporting documentation management. However, a member, include evidence provided by the The Administrative Procedure Act (5 stockholder, partner, beneficiary, or heir producer that is used to substantiate the U.S.C. 553(a)(2)) provides that the cannot receive, directly or indirectly, acres, sales, inventory, or production notice and comment and 30-day delay more than $250,000 under each round reported, including copies of receipts, in the effective date provisions do not of payments (CFAP 1 and CFAP 2), ledgers of income, income statements of apply when the rule involves specified regardless of whether payments deposit slips, veterinarian records, actions, including matters relating to attributed to them are subject to the register tapes, invoices for custom benefits. This rule governs CFAP for regular payment limitation or the harvesting, and records to verify payments to certain commodity special increased limitations. production costs, contemporaneous producers and therefore falls within the This rule removes ‘‘2019’’ as the measurements, truck scale tickets, or benefits exemption. applicable commodity year in contemporaneous diaries that are The Office of Management and Budget § 9.7(e)(2)(ii) and (iii) because CFAP determined acceptable by USDA. (OMB) designated this rule as major under the Congressional Review Act eligibility may be based on 2019 or 2020 Provisions Requiring Refund to USDA production of the commodity, as (CRA), as defined by 5 U.S.C. 804(2). specified in the applicable payment In the event that any application for Section 808 of the CRA allows an calculations. a CFAP 2 payment resulted from agency to make a major regulation erroneous information reported by the effective immediately if the agency finds CFAP General Requirements producer, the payment will be there is good cause to do so. The The general eligibility requirements recalculated, and the producer must beneficiaries of this rule have been that applied to CFAP 1 also apply to refund any excess payment to USDA. If significantly impacted by the COVID–19 CFAP 2, including requiring compliance the error was the producer’s error, the outbreak, which has resulted in with 7 CFR part 12, ‘‘Highly Erodible refund must include interest 1 to be significant declines in demand and Land and Wetland Conservation’’ and 7 calculated from the date of the market disruptions. USDA finds that CFR part 1400 subpart E, ‘‘Foreign disbursement to the producer. notice and public procedure are Persons.’’ Appeal regulations in 7 CFR contrary to the public interest. parts 11 and 780 also apply to CFAP 2. 1 The program interest rate is based on the CCC Therefore, even though this rule is a As under CFAP 1, there is no borrowing rate in effect for the month the payment major rule for purposes of the requirement to have crop insurance was disbursed. Congressional Review Act, USDA is not

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required to delay the effective date for CFAP 1 (which covered Quarter 1 of Act (NEPA), the regulations of the 60 days from the date of publication to 2020), although the focus now is on Council on Environmental Quality (40 allow for Congressional review. Quarter 2 through Quarter 4 of calendar CFR parts 1500–1508), and because Accordingly, this rule is effective upon 2020. Payments are based on the price USDA will be making the payments to publication in the Federal Register. decline calculated between mid-January producers the USDA regulations for and late-July and use an 80 percent compliance with NEPA (7 CFR part 1b). Executive Orders 12866, 13563, and coverage factor. Where available, mid- Although OMB has designated this 13777 January and late July futures prices (for rule as ‘‘economically significant’’ Executive Order 12866, ‘‘Regulatory either the November or December under Executive Order 12866, ‘‘. . . Planning and Review,’’ and Executive contract) were used to estimate the economic or social effects are not Order 13563, ‘‘Improving Regulation market’s price expectations toward the intended by themselves to require and Regulatory Review,’’ direct agencies end of calendar 2020. Future contracts preparation of an environmental impact to assess all costs and benefits of are not traded for all crops with a price statement’’ when not interrelated to available regulatory alternatives and, if trigger nor are they available for eggs, natural or physical environmental regulation is necessary, to select broilers, and lamb. For these effects (see 40 CFR 1508.14). CFAP 2 regulatory approaches that maximize commodities, actual prices received in was designed to avoid skewing planting net benefits (including potential mid-January and late July are used as a decisions. Producers continue to make economic, environmental, public health proxy. Depending on the yield for a their planting and production decisions and safety effects, distributive impacts, given producer’s crop in this category, with the market signals in mind, rather and equity). Executive Order 13563 the payment may calculate to less than than any expectation of what a new emphasizes the importance of $15 per acre. In such cases, the payment USDA program might look like. The quantifying both costs and benefits, of is raised to $15 per acre, which is the discretionary aspects of CFAP 2 (for reducing costs, of harmonizing rules, payment for the flat-rate category example, determining AGI and payment and of promoting flexibility. The discussed below. limitations) were designed to be requirements in Executive Orders 12866 Producers of the flat-rate commodities consistent with established USDA and and 13563 for the analysis of costs and receive a $15 per-acre payment based on CCC programs and are not expected to benefits apply to rules that are their eligible 2020 acreage. have any impact on the human determined to be significant. Further, For the sales-based commodities, environment, as CFAP 2 payments will Executive Order 13777, ‘‘Enforcing the payment calculations will use a sales- only be made after the commodity has Regulatory Reform Agenda,’’ established based approach, where producers are been produced. Accordingly, the a federal policy to alleviate unnecessary paid based on five payment gradations following Categorical Exclusion in 7 regulatory burdens on the American associated with their 2019 sales. In CFR part 1b applies: 1b.3(2), which people. addition, tobacco is a sales-based applies to activities that deal solely with The Office of Management and Budget commodity under CFAP 2 and a CARES the funding of programs, such as (OMB) designated this rule as Act payment will be calculated using program budget proposals, economically significant under remaining CARES Act funds, not to disbursements, and the transfer or Executive Order 12866, ‘‘Regulatory exceed $100 million. reprogramming of funds. As such, the Planning and Review,’’ and therefore, Estimated net payments to producers implementation of and participation in OMB has reviewed this rule. The costs of $13.21 billion represent benefits to CFAP 2 do not constitute major Federal and benefits of this rule are summarized producers, which is the government cost actions that would significantly affect below. The full cost benefit analysis is of CFAP 2. Outlays are estimated at the quality of the human environment, available on regulations.gov. expected maximum levels. individually or cumulatively. Therefore, an environmental assessment or Cost Benefit Analysis Summary Regulatory Flexibility Act environmental impact statement for this CFAP 2 will provide producers with The Regulatory Flexibility Act (5 regulatory action, will not be prepared; financial assistance that gives them the U.S.C. 601–612), as amended by the this rule serves as documentation of the ability to absorb increased marketing Small Business Regulatory Enforcement programmatic environmental costs associated with the COVID–19 Fairness Act of 1996 (SBREFA, Pub. L. compliance decision for this federal outbreak. Producers will receive 104–121), generally requires an agency action. payments under the CCC Charter Act to prepare a regulatory flexibility Executive Order 12372 (section 5(b), (d), and (e)) with an analysis of any rule whenever an agency estimated $13.21 billion being made is required by the Administrative Executive Order 12372, available (after payment limitations). Procedure Act or any other law to ‘‘Intergovernmental Review of Federal Producers will be compensated for publish a proposed rule, unless the Programs,’’ requires consultation with on-going market disruptions and to agency certifies that the rule will not State and local officials that would be transition to a more orderly marketing have a significant economic impact on directly affect by proposed Federal system. Payments will assist producers a substantial number of small entities. financial assistance. The objectives of with the purchase of materials and This rule is not subject to the Regulatory the Executive Order are to foster an facilities required in connection with Flexibility Act because USDA is not intergovernmental partnership and a the production and marketing of required by the Administrative strengthened Federalism, by relying on agricultural commodities, aid in the Procedure Act or any other law to State and local processes for State and removal or disposition of surplus publish a proposed rule for this local government coordination and agricultural commodities, and aid in the rulemaking initiative. review of proposed Federal Financial development of new and additional assistance and direct Federal markets, marketing facilities, and uses Environmental Review development. For reasons specified in for such commodities. The environmental impacts of this the final rule related notice to 7 CFR For the price trigger commodities, the final rule have been considered in a part 3015, subpart V (48 FR 29115, June approach to calculating CFAP 2 manner consistent with the provisions 24, 1983), the programs and activities payments is very similar to that used for of the National Environmental Policy within this rule are excluded from the

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scope of Executive Order 12372, which The Unfunded Mandates Reform Act of § § 9.1 through 9.8 [Redesignated as requires intergovernmental consultation 1995 Subpart A] with State and local officials. Title II of the Unfunded Mandates ■ 2. Redesignate §§ 9.1 through 9.8 as Executive Order 12988 Reform Act of 1995 (UMRA, Pub. L. subpart A and add a heading for subpart A to read as follows: This rule has been reviewed under 104–4) requires Federal agencies to assess the effects of their regulatory Executive Order 12988, ‘‘Civil Justice Subpart A—General Provisions Reform.’’ This rule will not preempt actions on State local, and Tribal State or local laws, regulations, or governments or the private sector. ■ 3. In § 9.1 amend paragraph (a) policies unless they represent an Agencies generally must prepare a introductory text by adding two irreconcilable conflict with this rule. written statement, including a cost sentences after the second sentence to Before any judicial action may be benefit analysis, for proposed and final read as follows: brought regarding the provisions of this rules with Federal mandates that may rule, the administrative appeal result in expenditures of $100 million or § 9.1 Applicability and administration provisions of 7 CFR parts 11 and 780 more in any 1 year for State, local, or (a) * * * CFAP is being implemented must be exhausted. Tribal governments, in the aggregate, or through two rounds of payments, with to the private sector. UMRA generally the first round (CFAP 1) determined as Executive Order 13132 requires agencies to consider specified in subpart B of this part, and This rule has been reviewed under alternatives and adopt the more cost the second round (CFAP 2) determined Executive Order 13132, ‘‘Federalism.’’ effective or least burdensome alternative as specified in subpart C of this part. To The policies contained in this rule do that achieves the objectives of the rule. be eligible for CFAP payments, not have any substantial direct effect on This rule contains no Federal mandates, participants must comply with all States, on the relationship between the as defined in Title II of UMRA, for State, provisions under this subpart and the Federal government and the States, or local, and Tribal governments or the relevant particular subpart for CFAP 1 on the distribution of power and private sector. Therefore, this rule is not or CFAP 2. * * * subject to the requirements of sections responsibilities among the various * * * * * 202 and 205 of UMRA. levels of government, except as required ■ 4. Amend § 9.2 by: by law. Nor does this rule impose Federal Assistance Programs ■ a. In the introductory text, removing substantial direct compliance costs on The title and number of the Federal the word ‘‘CFAP’’ and adding the words State and local governments. Therefore, ‘‘this part’’ in its place; consultation with the States is not Domestic Assistance Program found in ■ b. Removing the definitions of ‘‘All required. the Catalog of Federal Domestic Assistance to which this rule applies is other cattle’’, ‘‘Aquaculture’’, and Executive Order 13175 Coronavirus Food Assistance Program 2 ‘‘Cattle raised or maintained for breeding purposes’’; This rule has been reviewed for and 10.132. ■ c. Adding the definition of compliance with Executive Order Paperwork Reduction Act 13175, ‘‘Consultation and Coordination ‘‘Controlled environment’’; and with Indian Tribal Governments.’’ In accordance with the Paperwork ■ d. Removing the definitions of Executive Order 13175 requires Federal Reduction Act of 1995, FSA submitted ‘‘Crop’’, ‘‘Feeder cattle 600 pounds or agencies to consult and coordinate with the CFAP 2 information collection more’’, ‘‘Feeder cattle less than 600 Tribes on a government-to-government request to OMB for emergency approval. pounds’’, ‘‘First quarter’’, ‘‘Lambs and basis on policies that have Tribal OMB approved the 6-month emergency yearlings’’, ‘‘Non-specialty crop’’, implications, including regulations, information collection. ‘‘Producer’’, ‘‘Second quarter’’, ‘‘Slaughter cattle—fed cattle’’, legislative comments proposed E-Government Act Compliance legislation, and other policy statements ‘‘Slaughter cattle—mature cattle’’, or actions that have substantial direct USDA is committed to complying ‘‘Specialty crops’’, and ‘‘Unpriced’’. effects on one or more Indian Tribes, on with the E-Government Act to promote The addition reads as follows. the use of the internet and other the relationship between the Federal § 9.2 Definitions. Government and Indian Tribes or on the information technologies to provide distribution of power and increased opportunities for citizen * * * * * responsibilities between the Federal access to Government information and Controlled environment means an government and Indian Tribes. services, and for other purposes. environment in which everything that can practicably be controlled by the USDA has assessed the impact of this List of Subjects in 7 CFR Part 9 producer with structures, facilities, and rule on Indian Tribes and determined growing media (including but not that this rule does not, to our Agricultural commodities, limited to water, soil, or nutrients), is in knowledge, have Tribal implications Agriculture, Disaster assistance, fact controlled by the producer, as that required Tribal consultation under Indemnity payments. determined by industry standards. Executive Order 13175. If a Tribe For the reasons discussed above, this requests consultation, the USDA Office final rule amends 7 CFR part 9 as * * * * * of Tribal Relations (OTR) will ensure follows: § 9.3 [Amended] meaningful consultation is provided where changes, additions, and PART 9—CORONAVIRUS FOOD ■ 5. In § 9.3 amend paragraph (c) by modifications are not expressly ASSISTANCE PROGRAM removing the word ‘‘Have’’ and adding mandated by Congress. the words ‘‘For payments under § 9.102 Outside of Tribal consultation, USDA ■ 1. The authority citation for part 9 of this part, have’’ in its place. is working with Tribes to provide continues to read as follows: ■ 6. Amend § 9.4 by revising paragraph information about CFAP 2 and other Authority: 15 U.S.C. 714b and 714c; and (a) and adding paragraph (d) to read as issues. Division B, Title I, Pub. L. 116–136. follows:

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§ 9.4 Time and method of application. active personal labor or active personal except where they conflict with the (a) A completed application under management or combination thereof definitions in this section. this subpart must be submitted in with respect to the production of All other cattle means commercially person, by mail, email, or facsimile to commodities for which an application raised or maintained bovine animals not any FSA county office by the close of or applications are made in accordance meeting the definition of another business on: with this part. category of cattle in this part, excluding (1) September 11, 2020, for payments (3)(i) Except for payments subject to beefalo, bison, and animals used for issued under § 9.102 of this part; and the increased payment limitation in dairy production or intended for dairy (2) December 11, 2020, for payments (e)(2)(ii) and (e)(2)(iii) of this section, a production. issued under § 9.202 of this part. CFAP payment made to any legal entity Aquaculture means only those species * * * * * will be attributed to individuals or legal as announced in a NOFA. (d) A producer applying for assistance entities with an ownership interest in Cattle raised or maintained for for a crop subject to § 9.202(a) or (b) the legal entity in accordance with breeding purposes means animals must file a report of all acreage of the § 1400.105 of this title. Payments commercially raised or maintained for crop on FSA–578, Report of Acreage. attributed to a legal entity with an use as either a sire or dam for the ownership interest in the legal entity production of livestock offspring or § 9.5 [Redesignated as § 9.102] will be further attributed as provided in lactation. Crop means non-specialty crops and ■ 7. Redesignate § 9.5 as § 9.102. § 1400.105 of this title. If the legal entity does not qualify for an increased specialty crops. § 9.5 [Reserved] payment limitation under (e)(2)(ii) or Feeder cattle 600 pounds or more means cattle weighing more than 600 ■ 8. Add and reserve a new § 9.5. (iii) of this section and the total amount of CFAP payments made directly or pounds but less than the weight of ■ 9. Amend § 9.7 by: indirectly to an individual or legal slaughter cattle-fed cattle as defined in ■ a. In paragraph (e)(1) adding the entity has met the applicable amount this section. words ‘‘under each of subparts B and C’’ specified in paragraph (e)(1) of this Feeder cattle less than 600 pounds after ‘‘$250,000’’ both times it appears; section, the payment to the legal entity means cattle weighing less than 600 ■ b. Revising paragraphs (e)(2) and (3); will be reduced commensurate with the pounds. and amount of the ownership interest of the First quarter means January, February, ■ c. In paragraph (h), removing individual or legal entity in the legal and March of 2020. ‘‘September 11, 2020,’’ and adding the entity. CFAP payments subject to Lambs and yearlings means all sheep words ‘‘the applicable date in § 9.4(a)’’ attribution under this paragraph will be less than 2 years old. in its place. Non-specialty crop means any of the attributed to individuals and legal The revisions read as follows. following crops: Barley, canola, corn, entities until the attribution is made durum wheat, hard red spring wheat, § 9.7 Miscellaneous provisions. only to an individual except the millet, oats, sorghum, soybeans, attribution will stop at the fourth level * * * * * sunflowers, and upland cotton. The of ownership. (e) * * * term excludes crops intended for (2)(i) The total amount of CFAP (ii) A payment subject to the increased payment limitation in grazing. payments a corporation, limited liability Producer means a person or legal (e)(2)(ii) or (iii) of this section will be company, limited partnership, trust, or entity who shares in the risk of limited to the lesser of the amount estate may receive is $250,000 under producing a crop or livestock and who specified in either (e)(2)(ii) or (iii) of this each of subparts B and C unless the is entitled to a share in the crop or section, or the sum of the amount members, partners, stockholders, livestock available for marketing or specified in (e)(1) of this section that beneficiaries, or heirs of the legal entity would have shared had the crop or each eligible member, stockholder, meet the provisions of paragraphs livestock been produced and marketed. partner, heir, or beneficiary of the legal (e)(2)(ii) or (iii) of this section. A contract grower who does not own the entity may receive, regardless of (ii) The total amount of CFAP livestock, will be considered a producer ownership share. Payments attributed to payments a corporation, limited liability if the contract allows the grower to have a legal entity with an ownership interest company, limited partnership, trust, or risk in the livestock. estate may receive is $500,000 under in the legal entity will be further Second quarter means April, May, each of subparts B and C if two different attributed to individuals and legal and June of 2020. individual persons who are members, entities until the attribution is made Slaughter Cattle—fed cattle means partners, stockholders, beneficiaries, or only to an individual, except the cattle with a weight of 1,200 pounds or heirs of the legal entity each provided attribution will stop at the fourth level more that are intended for slaughter. at least 400 hours of active personal of ownership. Slaughter cattle—mature cattle means labor or active personal management or * * * * * culled cattle raised or maintained for combination thereof with respect to the ■ 10. Add subpart B, consisting of breeding purposes, but which were production of commodities for which an § 9.101 and newly redesignated § 9.102, removed from inventory and are application or applications are made in to read as follows:. intended for slaughter. accordance with this part. Specialty crops means any of the (iii) The total amount of CFAP Subpart B—CFAP 1 following crops: Almonds; apples; payments a corporation, limited liability artichokes; asparagus; avocados; beans; Sec. company, limited partnership, trust, or 9.101 Definitions. blueberries; broccoli; cabbage; estate may receive is $750,000 under 9.102 Calculation of payments. cantaloupe; carrots; cauliflower; celery; each of subparts B and C if three corn, sweet; cucumbers, eggplant; garlic; different individual persons who are § 9.101 Definitions. grapefruit; kiwifruit; lemons; lettuce, members, partners, stockholders, The following definitions apply to iceberg; lettuce, romaine; mushrooms; beneficiaries, or heirs of the legal entity this subpart. The definitions in parts onions, dry; onions, green; oranges; each provided at least 400 hours of 718 and 1400 of this title also apply, papayas; peaches; pears; pecans;

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peppers, bell type; peppers, other; hemp, indigo, industrial rice, kenaf, pennycress, peppermint, pohole, potatoes; raspberries; rhubarb; spinach; khorasan, millet, mustard, oats, peanuts, psyllium, rosemary, sage, savory, shrubs squash; strawberries; sweet potatoes; quinoa, rapeseed, rice, rice, sweet, rice, (forbs), sorrel, spearmint, tangos, tea, tangerines; taro; tomatoes; walnuts; wild, rye, safflower, sesame, speltz, thyme, turmeric, vanilla, wasabi, water watermelons; and any crops for which sugar beets, sugarcane, teff, and triticale. cress, and yu cha. funds are made available. The term The term excludes hay, except alfalfa, Ineligible commodities for CFAP 2 excludes crops intended for grazing. and crops with intended uses of grazing, means any of the following Unpriced means not subject to an green manure, or left standing. commodities: Birdsfoot and trefoil, agreed-upon price in the future through Floriculture means cut flowers and clover, cover crop, fallow, forage a forward contract, agreement, or similar cut greenery from annual and perennial soybeans, forage sorghum, gardens binding document as of January 15, flowering plants grown in a container or (commercial and home), grass, kochia 2020. controlled environment for commercial (prostrata), lespedeza, milkweed, mixed ■ 11. Add Subpart C, consisting of sale. Floriculture is included in sales forage, pelts (excluding mink), perennial §§ 9.201 through 9.202, to read as commodities. peanuts, pollinators, sunn hemp, vetch, Fruits means any of the following follows: and seed of ineligible crops. fruits: Abiu, acerola (Barbados cherry), Nursery crops means decorative or Subpart C—CFAP 2 achachairu, antidesma, apples, apricots, nondecorative plants grown in a aronia (chokeberry), atemoya (custard container or controlled environment for Sec. apple), bananas, blueberries, breadfruit, commercial sale. Nursery crops are 9.201 Definitions. cacao, caimito, calabaza melon, canary included in sales commodities. 9.202 Calculation of payments. melon, canary seed, caneberries, Other livestock means any of the § 9.201 Definitions. canistel, cantaloupes, carambola (star following livestock: Animals fruit), casaba melon, cherimoya (sugar commercially raised for food, fur, fiber, The following definitions apply to apple), cherries, Chinese bitter melon, or feathers, including alpacas, bison, this subpart. The definitions in parts citron, citron melon, coconuts, buffalo, beefalo, deer, ducks, elk, emus, 718 and 1400 of this title also apply, cranberries, crenshaw melon, dates, geese, goats, guinea pigs, llamas, mink, except where they conflict with the donaqua (winter melon), durian, ostrich, pheasants, quail, rabbits, definitions in this section. elderberries, figs, genip, gooseberries, reindeer, and turkey. It excludes all Aquaculture means any species of grapefruit, grapes, ground cherrry, equine, breeding stock, companion or aquatic organisms grown as food for guamabana (soursop), guava, comfort animals, pets, and animals human consumption, fish raised as feed guavaberry, honeyberries, honeydew, raised for hunting or game purposes. for fish that are consumed by humans, huckleberries, Israel melons, jack fruit, Prevented planting means the ornamental fish propagated and reared jujube, juneberries, kiwiberry, kiwifruit, inability to plant the intended crop in an aquatic medium. Eligible Korean golden melon, kumquats, acreage with proper equipment by the aquacultural species must be raised by langsat, lemons, limequats, limes, final planting date for the crop type a commercial operator and in water in longan, loquats, lychee, mangos, because of a natural disaster. a controlled environment. mangosteen, mayhaw berries, mesple, Price trigger commodities means price Breeding stock means: mulberries, nectarines, oranges, papaya, trigger crops and price trigger livestock (1) For cattle, bulls and cows; passion fruits, pawpaw, peaches, pears, and products as defined in this section. (2) For hogs and pigs, boars and sows; pecans, pineapple, pitaya (dragon fruit), Price trigger crops means any of the and plantain, plumcots, plums, following crops: Barley, corn, sorghum, (3) For lambs and sheep, rams and pomegranates, prunes, pummelo, soybeans, sunflowers, upland cotton, ewes. raisins, rambutan, sapodilla, sapote, wheat (all classes), excluding crops with Broilers includes any chicken that has schizandra berries, sprite melon, star an intended use of grazing, green been commercially produced for meat gooseberry, strawberries, tangelos, manure, or left standing. purposes that has left the farm for tangerines, tangors, wampee, Price trigger livestock and products slaughter, and not used for laying or watermelon, wax jamboo fruit, and means any of the following livestock breeding purposes. wolfberry (goji). and products: Beef cattle, broilers, dairy Eggs means dried, frozen, liquid, and Hemp means the plant species (cow milk), eggs, lambs, sheep, hogs, shell eggs. Cannabis sativa L. and any part of that and pigs; excluding breeding stock. Experimental means a crop for which plant, including the seeds thereof and Producer means a person or legal all of the following apply: all derivatives, extracts, cannabinoids, entity who shares in the risk of (1) The crop is planted for isomers, acids, salts, and salts of producing a commodity. The term does experimental purposes conducted under isomers, whether growing or not, with a not include contract growers. Producers the direct supervision of a State delta-9 tetrahydrocannabinol who are not in the business of farming experiment station or commercial concentration of not more than 0.3 at the time of application are not company; percent on a dry weight basis, that is considered eligible producers. (2) Production of the crop is destroyed grown under a license or other required Sales-based commodities means, as before harvest or used for testing or authorization issued by the applicable defined in this section, aquaculture, other experimental purposes; and governing authority that permits the sales-based crops, nursery crops and (3) A representative of the State production of the hemp. floriculture, other livestock, and the experiment station or the commercial Horticulture means any of the following commodities: Goat milk, mink company certifies that any production following horticulture: Anise, basil, (including pelts); mohair, and wool. harvested from the experiment will not cassava, chervil (Fresh parsley), chia, Sales-based crops means ambrosia, be marketed in any form. chicory (radicchio), cilantro, cinnamon, arundo, camelina, cactus, cardoon, Flat-rate crop means alfalfa, amaranth curry leaves, galanga, ginger, ginseng, fruits, honey, horticulture, maple sap, grain, buckwheat, canola, cotton, Extra guayule, herbs, hops, lotus root, tobacco, tree nuts, and vegetables. Long Staple (ELS) cotton, crambe marjoram, meadowfoam, mint, moringa, Fruits, horticulture, tree nuts, and (colewort), einkorn, emmer, flax, guar, niger seed, oregano, parsley, vegetables are defined in this section.

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The term excludes crops with an FSA is unable to obtain a 2020 APH (ii) The producer’s estimated milk intended use of grazing, green manure, approved yield, the yield will be the production from September 1, 2020, to or left standing. 2019 Agriculture Risk Coverage-County December 31, 2020, based on the daily Tree nuts means any of the following Option (ARC–CO) benchmark yield average production from April 1, 2020, tree nuts: Almonds, avocados, carob, multiplied by 85 percent. ARC–CO through August 31, 2020, multiplied by cashew, chestnuts, coffee, hazel nuts, yields for producers growing a crop in 122, multiplied by a payment rate of jojoba, macadamia nuts, noni, olives, multiple counties will be weighted $1.20 per hundredweight. persimmons, pine nuts, pistachios, based on the producer’s crop acreage (2) Dairy operations that stop quinces, and walnuts. physically located in each county. commercially marketing milk after the Vegetables means any of the following (b) Payments for flat-rate crops will be date they apply for CFAP 2 but before vegetables: Alfalfa sprouts, aloe vera, equal to eligible acres of the crop December 31, 2020, must notify FSA of artichokes, arugula (greens), asparagus, multiplied by a rate of $15 per acre. the date they stop commercially bamboo shoots, batatas, bean sprouts, Eligible acres include the producer’s marketing milk. Those dairies are beans (including dry edible), beets, bok share of the determined acres, or eligible only for a prorated payment choy, broccoflower, broccoli, broccolini, reported acres if determined acres are under paragraph (g)(1)(ii) of this section broccolo-cavalo, Brussel sprouts, not present, excluding prevented for the number of days the dairy cabbage, calaloo, carrots, cauliflower, planted and experimental acres. operation commercially markets milk celeriac, celery, chickpea (see beans, (c) Payments for beef cattle will be from September 1, 2020, through garbanzo), chives, collard greens, equal to the lower of the producer’s December 31, 2020. coriander, corn, sweet, cucumbers, maximum owned inventory of eligible (h)(1) Payments for eggs will be equal daikon, dandelion greens, dasheen (taro beef cattle, excluding breeding stock, on root, malanga), dill, eggplant, endive, to 75 percent of the producer’s 2019 egg a date selected by the producer from production multiplied by the payment escarole, frisee, gailon (gai lein, Chinese April 16, 2020, through August 31, broccoli), garlic, gourds, greens, rate in Table 1 of paragraph (j) of this 2020, or 4,546 head multiplied by the section. horseradish, Jerusalem artichokes number of payment limitations for the (2) Payments for egg producers who (sunchoke), kale, kohlrabi, leeks, lentils, producer multiplied by a payment rate began farming in 2020 and had no lettuce, melongene, mesculin mix, of $55 per head. production in 2019 will be calculated as microgreens, mushrooms, okra, onions, (d) Payments for hogs and pigs will be provided in paragraph (h)(1) of this parsnip, peas (including dry edible), equal to the lower of the producer’s section, except that the payments will pejibaye (heart of palm), peppers, maximum owned inventory of eligible be based on the producer’s actual 2020 potatoes, potatoes sweet, pumpkins, hogs and pigs, excluding breeding stock, egg production as of the date the radicchio, radishes, rhubarb, rutabaga, on a date selected by the producer from producer submits an application for salsify (oyster plant), scallions, seed— April 16, 2020, through August 31, payment under this part. vegetable, shallots, spinach, squash, 2020, or 10,870 head multiplied by the swiss chard, tannier, taro, tomatillos, number of payment limitations for the (i)(1) Payments for sales commodities tomatoes, truffles, turnip top (greens), producer, multiplied by a payment rate will be equal to the sum of the results turnips, yam, and yautia (malanga); of $23 per head. for the following calculation for each § 9.202 Calculation of payments. (e) Payments for lambs and sheep will 2019 sales range in Table 2 of paragraph (j) of this section: the amount of the (a) Payments for price trigger crops be equal to the producer’s highest owned inventory of eligible lambs and producer’s eligible sales within the will be equal to the greater of: specified range in calendar year 2019, (1) Eligible acres of the crop sheep, excluding breeding stock, on a multiplied by the payment rate for that multiplied by a rate of $15 per acre; or date selected by the producer from April (2) Eligible acres of the crop 16, 2020, through August 31, 2020, range in Table 2 of paragraph (j) of this multiplied by the applicable yield, multiplied by a payment rate of $27 per section. Eligible sales only includes multiplied by the crop marketing head. sales of raw commodities grown by the percentage in Table 1 of paragraph (j) of (f)(1) Payments for broilers will be producer; the portion of sales derived this section, multiplied by the crop equal to 75 percent of the producer’s from adding value to the commodity, payment rate in Table 1 of paragraph (j) 2019 broiler production multiplied by a such as processing and packaging, and of this section. payment rate of $1.01 per bird (head). from sales of products purchased for (3) Under paragraph (a) of this (2) Payments for broiler producers resale is not included in the payment section, eligible acres include the who began farming in 2020 and had no calculation unless determined eligible producer’s share of the determined production in 2019 will be calculated as by the Secretary. acres, or reported acres if determined provided in paragraph (f)(1) of this (2) Payments for producers of sales acres are not present, of the crop section, except that the payments will commodities who began farming in planted for the 2020 crop year, be based on the producer’s actual 2020 2020 and had no sales in 2019 will be excluding prevented planted and broiler production as of the date the calculated as provided in paragraph experimental acres. For producers who producer submits an application for (i)(1) of this section, except that the insured acres of the crop under a policy payment under this part. payments will be based on the or plan of insurance under the Federal (g)(1) Payments for dairy (cow milk) producer’s actual 2020 sales as of the Crop Insurance Act (7 U.S.C. 1501– will be equal to the sum of the following date the producer submits an 1524), the yield will be the average of two calculations: application for payment under this the producer’s 2020 actual production (i) The producer’s total actual milk section. history (APH) approved yield from all of production from April 1, 2020, to (j) The payment rates in Tables 1 and the producer’s insured acres August 31, 2020, multiplied by the 2 of this paragraph (j) will be used to nationwide. For producers for whom payment $1.20 per hundredweight; and calculate CFAP payments:

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TABLE 1 TO PARAGRAPH (J)—PAYMENT RATES FOR PRICE TRIGGER CROPS AND EGGS

Crop marketing Commodity Units percentage Payment rate (percent) ($/unit)

Barley ...... bu 63 $0.54 Corn ...... bu 40 0.58 Cotton, Upland ...... lb 46 0.08 Sorghum ...... bu 55 0.56 Soybean ...... bu 54 0.58 Sunflowers ...... lb 44 0.02 Wheat (all classes) ...... bu 73 0.54 Shell Eggs ...... dozen n/a 0.05 Liquid Eggs ...... lb n/a 0.04 Dried Eggs ...... lb n/a 0.14 Frozen Eggs ...... lb n/a 0.05

TABLE 2 TO PARAGRAPH (J)—PAY- DEPARTMENT OF AGRICULTURE governing Strategic Economic and MENT RATES FOR SALES COMMOD- Community Development (SECD) to Rural Utilities Service ITIES implement Section 6401 of the 2018 Farm Bill. Additionally, conforming Percent 7 CFR Parts 1779 and 1780 changes are being made to other 2019 Sales range payment regulations as a result of the factor Rural Housing Service aforementioned statutory changes. Finally, we are removing Farm Service Up to $49,999 ...... 10.6 Rural Business-Cooperative Service Agency from a chapter in the CFR as $50,000-$99,999 ...... 9.9 they no longer use any of the parts $100,000-$499,999 ...... 9.7 Rural Utilities Service under that chapter. $500,000-$999,999 ...... 9.0 DATES: All sales over $1 million ...... 8.8 This final rule is effective Farm Service Agency September 22, 2020. FOR FURTHER INFORMATION CONTACT: Greg (k) CFAP 2 payments will not be 7 CFR Chapter XVIII Batson, Strategic Engagement, Rural calculated or issued for ineligible Rural Housing Service Development Innovation Center, U.S. commodities. Department of Agriculture; Stephen L. Censky, 7 CFR Parts 3570 and 3575 [email protected]; (573) 239– Vice Chairman, Commodity Credit 2945. Corporation, and Deputy Secretary, U.S. Rural Business-Cooperative Service SUPPLEMENTARY INFORMATION: Department of Agriculture. Background and Discussion [FR Doc. 2020–20844 Filed 9–18–20; 4:15 pm] Rural Utilities Service BILLING CODE 3410–05–P The Agency administers a multitude 7 CFR Parts 4279 and 4280 of Federal programs for the benefit of rural America, ranging from housing [Docket No. RBS–20–BUSINESS–31] and community facilities to RIN 0570–AB04 infrastructure and business development. Its mission is to increase Strategic Economic and Community economic opportunity and improve the Development quality of life in rural communities by AGENCY: Rural Business-Cooperative providing the leadership, infrastructure, Service, Rural Housing Service, Rural capital, and technical support that Utilities Service, Farm Service Agency, enables rural communities to prosper. Department of Agriculture (USDA). To achieve its mission, the Agency ACTION: Final rule. provides financial support (including direct loans, grants, and loan SUMMARY: The Rural Business- guarantees) and technical assistance. Cooperative Service, Rural Housing Section 379H Strategic and Economic Service, and Rural Utilities Service, of Community Development of the the Rural Development (RD) mission Consolidated Farm and Rural area within the U.S. Department of Development Act (7 U.S.C. 2008v) Agriculture (USDA), hereinafter supports rural communities by collectively referred to as the Agency, is promoting regional economic and issuing this final rule to implement community development. Reservation of statutory provisions found in Section targeted funds are available for covered 6401 of the Agricultural Improvement Rural Development programs to Act of 2018 (‘‘2018 Farm Bill’’) that encourage regional economic and amends Section 379H of the community development. Section 6401 Consolidated Farm and Rural of the 2018 Farm Bill amended Section Development Act. The intent of this rule 379H, Strategic Economic and is to amend the existing regulations Community Development of the

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Consolidated Farm and Rural unused set-aside funds will be returned New definitions for Multi-sectoral, Development Act to state that projects to the regular program account for use Sector, and Strategic partners were must be part of both a multi- by other projects. added to implement changes from jurisdicational and multi-sectoral In accordance with Section 379H of Section 6401 of the 2018 Farm Bill. Strategic Community Invesment Plan in the CONACT (7 U.S.C. 2008v), all SECD 7 CFR 1980.1010—Project Eligibility order to receive consideration for the reserved funds shall be reserved for the set-aside. Prior to the adoption of 1-year period beginning on the date on Section 1980.1010 is amended to Section 6401 of the 2018 Farm Bill, which funds were first made available, include terminology from Section 6401 projects only had to be part of a multi- as determined by the Secretary. The of the 2018 Farm Bill. Agency has determined that for non- jurisdictional plan in order to receive 7 CFR 1980.1015—Applications consideration for funding. Section 6401 annual and annually appropriated of the Farm Bill provides RD an programs, SECD reserved funding will The Agency has revised requirements important mechanism to further our be available for obligation until of the application process to conform to mission by leveraging projects that spur deadlines established by covered statutory changes outlined in Section regional economic and community programs. Covered programs’ deadlines 6401 of the 2018 Farm Bill and to clarify development while also focusing on will be outlined in a SECD annual application and plan requirements. Data multiple sectors. In addition, this will Federal Register publication. Reserved collected on the application form has reward communities that demonstrate funds not obligated by September 30 been removed from the list of best practices for furthering sustainable will be reconciled according to information to be provided, and a regional and community prosperity by applicable law. The Agency has settled reference to the required application bringing together key local and regional on this process because program and form has been included. A plan should stakeholders and using long-term procedural differences can present a address multiple jurisdictions, and the planning that integrates targeted hardship when one SECD obligation plan should document that there is investments across communities and deadline is established. Covered participation by multiple stakeholders. regions. programs have varying deadline and A plan should demonstrate leveraging of pooling dates. Further, covered the applicable region’s assets and Discussion of the Rule programs have differing engineering and should document monetary and non- A summary of changes to 7 CFR part environmental review processes. monetary contributions from strategic 1980, subpart K, which implement Allowing programs to use their partners. deadlines and/or pooling dates as the Section 6401 of the 2018 Farm Bill 7 CFR 1980.1020—Scoring follows: SECD funds obligation deadline offers flexibility in project review and award The scoring section has been revised § 1980.1001—Purpose and provides adequate time for SECD to align to Section 6401 of the 2018 In accordance with Section 6401 of reserved funds to be allocated to Farm Bill. the 2018 Farm Bill, this section has been appropriate covered program accounts. 7 CFR 1980.1025—Award Process updated to include that qualified plans In addition, programs are not mandated must be both multi-jurisdictional and to hold SECD reserved funds until The award process section has been multi-sectoral, and the name of plans September 30, but can convert SECD revised to align to the requirements of has been updated from ‘‘Strategic reserved funds to regular program for Section 6401 of the 2018 Farm Bill. Economic Development and Community funding non-SECD projects. 7 CFR 1980.1026—Evaluation of Project Development Plans’’ to ‘‘Strategic Information Community Investment Plans.’’ § 1980.1005—Definitions The definitions section has been 7 CFR 1980.1026 is removed and § 1980.1002—Programs revised to include additional definitions reserved. Projects will be evaluated Previously, SECD was limited to and revise others to conform to the through the criteria established in the certain Rural Development programs by statutory provisions of the Section 6401 individual covered program’s notice for statute. In accordance with Section 6401 of the 2018 Farm Bill, as follows: which the award was received, and of the 2018 Farm Bill, this regulation The term Adopted was revised to additional reporting specific to the will include expansion of SECD to all clarify the appropriate entities that may objectives in each plan is not required. programs covered by Title XIV of the approve a Strategic Community Additionally, conforming changes are Consolidated Farm and Rural Investment Plans in accordance with made to 7 CFR parts 1779, 1780, 1942, Development Act (CONACT) or Section 6401 of the 2018 Farm Bill. 3570, 3575, 4279, and 4280 have been programs administered by the Secretary The term Carried Out in a Rural Area included to address the change in terms acting through the Rural Development was updated to remove the term of ‘‘multi-sectoral’’ and ‘‘Strategic mission area. This section is amended to ‘‘solely’’ from the title of the definition Community Investment Plans.’’ update the list of eligible programs and to clarify the meaning of the Finally, the Farm Service Agency is covered by Section 6401 of the 2018 definition in accordance with Section being removed from title 7, chapter Farm Bill and for which funds may be 6401 of the 2018 Farm Bill. XVIII of the CFR as they no longer use set-aside. The terms Jurisdiction, Multi- any of the parts under this chapter. At Jurisdictional, Philanthropic, and one time, chapter XVIII was used by § 1980.1004—Funding Project were revised to provide clarity Rural Business-Cooperative Service, Section 6401 of the 2018 Farm Bill in accordance with Section 6401 of the Rural Utilities Services, Rural Housing increased the reservation amount for 2018 Farm Bill. Service, and Farm Service Agency to funding from up to 10 percent to up to The term Plan is revised to update the codify policies and procedures. Due to 15 percent. This section has been name to a Strategic Community reorganization within the Department of revised to reflect the increase in the Investment Plan and to clarify the Agriculture, Farm Service Agency now reservation amount and to clarify the requirements that must be addressed in codifies its policies and procedures in amendments. This section has also been a plan as per language in Section 6401 chapter VI of title 7 of the CFR. Chapter updated to revise the date by which of the 2018 Farm Bill. XVIII will now only be used to codify

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policies and procedures of the three following numbers are subject to the The rule does not make any changes agencies of the Rural Development provisions of Executive Order 12372 to the programs from which funds will Mission Area, Rural Business- which requires Intergovernmental be reserved. The rule will require Cooperative Service, Rural Utilities Consultation with state and local applicants to submit an additional form Services, and Rural Housing Service. officials: if seeking funding that is reserved for projects that support Strategic Catalog of Federal Domestic Assistance 10.760—Water and Waste Disposal Systems for Rural Communities Community Investment Plans. Based on RD programs affected by this 10.766—Community Facilities Loans the data in the Paperwork Reduction rulemaking are shown in the Catalog of and Grants Act (PRA) burden package, RD estimates Federal Domestic Assistance (CFDA) 10.768—Business and Industry that the cost to complete this form will, with numbers as indicated: Guaranteed Loan Program on average, be no more than $300. Therefore, this rule will not have a 10.760—Water and Waste Disposal 10.351—Rural Business Development significant impact on small entities. Systems for Rural Communities Grants 10.766—Community Facilities Loans 10.411—Rural Housing Site Loans Executive Order 13132, Federalism and Grants 10.433—Housing Preservation Grants 10.768—Business and Industry The policies contained in this rule do 10.438—Multi-Family Housing Loan Guaranteed Loan Program not have any substantial direct effect on 10.351—Rural Business Development Guarantees states, on the relationship between the Grants Executive Order 12988, Civil Justice National Government and the states, or 10.863—Community Connect Grant Reform on the distribution of power and Program responsibilities among the various 10.855—Distance Learning and This rule has been reviewed under levels of government. Nor does this rule Telemedicine Loans and Grants Executive Order 12988. The Agency has impose substantial direct compliance 10.868—Rural Energy for America determined that this rule meets the costs on state and local governments. Program applicable standards provided in Therefore, consultation with states is 10.446—Rural Community Development section 3 of the Executive order. In not required. addition, all state and local laws and Initiative Grant Executive Order 13175, Consultation 10.222—Tribal College Initiative Grants regulations that are in conflict with this rule will be preempted. No retroactive and Coordination With Indian Tribal 10.854—Rural Economic Development Governments Loans and Grants effort will be given to this rule. This rule has been reviewed in 10.767—Intermediary Relending National Environmental Policy Act Program accordance with the requirements of 10.420—Mutual Self-Help Housing This document has been reviewed in Executive Order 13175, ‘‘Consultation Technical Assistance Grants accordance with 7 CFR part 1970, and Coordination with Indian Tribal 10.411—Rural Housing Site Loans subpart A, ‘‘Environmental Policies.’’ Governments.’’ Executive Order 13175 10.433—Housing Preservation Grants RD has determined that this action does requires Federal agencies to consult and 10.405—Farm Labor Housing Direct not constitute a major Federal action coordinate with tribes on a government- Loans and Grants significantly affecting the quality of the to-government basis on policies that 10.438—Multi-Family Housing Loan environment. In accordance with the have tribal implications, including Guarantees National Environmental Policy Act regulations, legislative comments or 10.751—Rural Energy Savings Program (NEPA) of 1969, 42 U.S.C. 4321, et seq., proposed legislation, and other policy (RESP) an Environmental Impact Statement is statements or actions that have 10.352—Value-Added Producer Grants not required. substantial direct effects on one or more 10.862—Household Water Well System Unfunded Mandates Reform Act Indian Tribes, on the relationship Grant Program between the Federal Government and 10.762—Solid Waste Management Grant This rule contains no Federal Indian Tribes or on the distribution of All active CFDA programs can be mandates (under the regulatory power and responsibilities between the found at https://beta.sam.gov/, which provisions of Title II of the Unfunded Federal Government and Indian Tribes. officially replaced CFDA.gov. Mandates Reform Act of 1995) for state, Rural Development has assessed the local, and Tribal governments or the impact of this rule on Indian Tribes and Executive Order 12866, Classification private sector. Thus, this rule is not determined that the rule does not, to our This rule has been determined to be subject to the requirements of sections knowledge, have tribal implications that non-significant and therefore was not 202 and 205 of the Unfunded Mandates require tribal consultation under E.O. reviewed by the Office of Management Reform Act of 1995. 13175. Rural Development plans to use an and Budget (OMB) under Executive Regulatory Flexibility Act Order 12866. inclusive definition of ‘‘plans’’ so that a Under section 605(b) of the wide range of plans that Indian Tribes Congressional Review Act Regulatory Flexibility Act, 5 U.S.C. currently have adopted and Pursuant to the Congressional Review 605(b), RD certifies that this rule will implemented may be used, as long as Act (5 U.S.C. 801 et seq.), the Office of not have a significant economic impact certain minimum standards are met. For Information and Regulatory Affairs on a substantial number of small instance, the plan must be multi- designated this rule as not a major rule, entities. The rule affects applicants jurisdictional, multi-sectoral and as defined by 5 U.S.C. 804(2). across covered RD programs. Many include: program applicants are small • A variety of activities designed to Executive Order 12372, businesses. While this rule will affect facilitate the vision of a rural Intergovernmental Review of Federal small entities, RD has determined that community for the future, including Programs the economic impact of the rule on considerations for improving and The Programs listed in the Catalog of these small entities will not be expanding broadband services as Federal Domestic Assistance under the significant. needed;

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• Participation by multiple rule will not adversely or 7 CFR Part 1780 stakeholders, including local and disproportionately impact very low, regional partners; low-, and moderate-income populations, Community development, • Leverage of applicable regional minority populations, women or Indian Community facilities, Grant programs— resources; Tribes by virtue of their race, color, housing and community development, • Investment from strategic partners, national origin, sex, age, disability, or Reporting and recordkeeping such as private organizations, marital or familial status. No major civil requirements, Rural areas, Waste cooperatives, other government entities, rights impact is likely to result from this treatment and disposal, Water supply, Indian Tribes and philanthropic rule. Watersheds. organizations; 7 CFR Part 1806 • Clear objectives with the ability to Non-Discrimination Statement establish measurable performance In accordance with Federal civil Agriculture, Flood insurance, metrics; rights law and U.S. Department of Insurance, Loan programs—agriculture, • Action steps for implementation; Agriculture (USDA) civil rights Loan programs—housing and and regulations and policies, the USDA, its community development, Low and • Any other elements necessary to Agencies, offices, and employees, and moderate income housing, Rural areas. ensure that the plan results in a institutions participating in or comprehensive and strategic approach administering USDA programs are 7 CFR Part 1810 to rural economic development, as prohibited from discriminating based on Agriculture, Loan programs— determined by the Secretary. race, color, national origin, religion, sex, These minimum criteria do not pose gender identity (including gender agriculture, Loan programs—housing any unique or additional implications or expression), sexual orientation, and community development, Low and challenges for Tribes. The rule disability, age, marital status, family/ moderate income housing, Rural areas. incentivizes additional planning, parental status, income derived from a 7 CFR Part 1822 partnering and strategies between Tribes public assistance program, political and other units of government/ beliefs, or reprisal or retaliation for prior Loan programs—housing and jurisdictions, such as other Indian civil rights activity, in any program or community development, Low and Tribes, states, counties, cities, activity conducted or funded by USDA moderate income housing, Nonprofit townships, towns, boroughs, etc. If a (not all bases apply to all programs). organizations, Rural areas. Remedies and complaint filing Tribe requests additional consultation, 7 CFR Part 1900 Rural Development will work with the deadlines vary by program or incident. Office of Tribal Relations to ensure Persons with disabilities who require Administrative practice and meaningful consultation is provided alternative means of communication for procedure, Authority delegations where changes, additions and program information (e.g., Braille, large (Government agencies), Conflict of modifications identified herein are not print, audiotape, American Sign interests, Government employees, Grant expressly mandated by Congress. Language, etc.) should contact the programs—agriculture, Grant responsible Agency or USDA’s TARGET Paperwork Reduction Act programs—housing and community Center at (202) 720–2600 (voice and development, Loan programs— The information collection TTY) or contact USDA through the agriculture, Loan programs—housing requirements contained in this Federal Relay Service at (800) 877–8339. and community development, Reporting regulation have been approved by OMB Additionally, program information may and recordkeeping requirements, Rural and have been assigned OMB control be made available in languages other areas. number: 0570–0068. This final rule than English. contains no new reporting and To file a program discrimination 7 CFR Part 1901 recordkeeping requirements that would complaint, complete the USDA Program Agriculture, Civil rights, Fair housing, require approval under the Paperwork Discrimination Complaint Form, AD– Grant programs—agriculture, Grant Reduction Act of 1995 (44 U.S.C. 3027, found online at http:// _ _ programs—housing and community Chapter 35). www.ascr.usda.gov/complaint filing cust.html and at any USDA office or development, Grant programs—Indians, E-Government Act Compliance write a letter addressed to USDA and Historic preservation, Indians, RD is committed to complying with provide in the letter all the information Intergovernmental relations, Loan the E-Government Act, to promote the requested in the form. To request a copy programs—agriculture, Loan programs— use of the internet and other of the complaint form, call (866) 632– housing and community development, information technologies, to provide 9992. Submit your completed form or Loan programs—Indians, Low and increased opportunities for citizens to letter to USDA by: moderate income housing, Marital access Government information and (1) Mail: U.S. Department of status discrimination, Minimum wages, services electronically. Agriculture, Office of the Assistant Religious discrimination, Reporting and Secretary for Civil Rights, 1400 recordkeeping requirements, Rural Civil Rights Impact Analysis Independence Avenue SW, Washington, areas, Sex discrimination. Rural Development has reviewed this DC 20250–9410; 7 CFR Part 1902 rule in accordance with USDA (2) Fax: (202) 690–7442; or Regulation 4300–4, Civil Rights Impact (3) Email: [email protected]. Accounting, Banks, banking, Grant Analysis, to identify any major civil USDA is an equal opportunity programs—agriculture, Grant rights impacts the rule might have on provider, employer, and lender. programs—housing and community program participants based on age, race, List of Subjects development, Loan programs— color, national origin, sex or disability. agriculture, Loan programs—housing After review and analysis of the rule 7 CFR Part 1779 and community development, Reporting and available data, it has been Loan programs, Waste treatment and and recordkeeping requirements, Rural determined that implementation of the disposal, Water supply. areas.

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7 CFR Part 1910 treatment and disposal, Water supply, 7 CFR Part 1965 Watersheds. Agriculture, Credit, Grant programs— Accounting, Drug traffic control, agriculture, Grant programs—housing 7 CFR Part 1944 Grant programs—housing and and community development, Loan Administrative practice and community development, Loan programs—agriculture, Loan programs— procedure, Aged, Cooperatives, Fair programs—agriculture, Loan programs— housing and community development, housing, Grant programs—housing and housing and community development, Low and moderate income housing, community development, Home Low and moderate income housing, Reporting and recordkeeping improvement, Individuals with Reporting and recordkeeping requirements, Rural areas. disabilities, Loan programs—housing requirements, Rural areas. 7 CFR Part 1924 and community development, Low and 7 CFR Part 1970 Administrative practice and moderate income housing, procedure, Agriculture, Claims, Credit, Manufactured homes, Migrant labor, Administrative practice and Grant programs—agriculture, Grant Rent subsidies, Reporting and procedure, Buildings and facilities, programs—housing and community recordkeeping requirements, Rural Environmental impact statements, areas. development, Housing standards, Loan Environmental protection, Grant programs—agriculture, Loan programs— 7 CFR Part 1948 programs, Housing, Loan programs, Natural resources, Utilities. housing and community development, Coal, Community facilities, Grant Low and moderate income housing, programs—housing and community 7 CFR Part 1980 Manufactured homes, Reporting and development, Radioactive materials, Agriculture, Business and industry, recordkeeping requirements, Rural Reporting and recordkeeping areas. Community facilities, Credit, Disaster requirements, Rural areas. assistance, Livestock, Loan programs— 7 CFR Part 1925 7 CFR Part 1950 agriculture, Loan programs—business, Agriculture, Loan programs— Accounting, Loan programs— Loan programs—housing and agriculture, Loan programs—housing agriculture, Loan programs—housing community development, Low- and and community development, Low and and community development, Military moderate-income housing, Reporting moderate income housing, Rural areas, personnel, Rural areas. and recordkeeping requirements, Rural Taxes. areas. 7 CFR Part 1951 7 CFR Part 1927 7 CFR Part 2003 Accounting, Agriculture, Claims, Agriculture, Loan programs— Community facilities, Credit, Disaster Freedom of information, Organization agriculture, Loan programs—housing ssistance, Government employees, Grant and functions (Government agencies), and community development, Low and programs—housing and community Rural areas, Volunteers. moderate income housing, Rural areas. development, Housing, Income taxes, 7 CFR Part 2018 7 CFR Part 1930 Loan programs—agriculture, Loan programs—housing and community Fair housing, Grant programs— Administrative practice and development, Low and moderate procedure, Freedom of information. housing and community development, income housing, Reporting and Loan programs—housing and recordkeeping requirements, Rural 7 CFR Part 2045 community development, Low and areas, Wages. moderate income housing, Reporting Government employees, Volunteers. and recordkeeping requirements, Rural 7 CFR Part 1955 7 CFR Part 3570 areas. Agriculture, Drug traffic control, Administrative practice and 7 CFR Part 1940 Government property, Loan programs— agriculture, Loan programs—housing procedure, Fair housing, Grant Agriculture, Environmental and community development, Low and programs—housing and community protection, Flood plains, Grant moderate income housing, Rural areas. development, Housing, Low- and programs—agriculture, Grant moderate-income housing, Reporting programs—housing and community 7 CFR Part 1956 and recordkeeping requirements, Rural development, Loan programs— Accounting, Business and industry, areas. agriculture, Loan programs—housing Claims, Loan programs—agriculture, 7 CFR Part 3575 and community development, Low and Loan programs—business, Loan moderate income housing, Reporting programs—housing and community Loan programs—agriculture. and recordkeeping requirements, Rural development, Reporting and 7 CFR Part 4279 areas, Truth in lending. recordkeeping requirements, Rural 7 CFR Part 1942 areas. Loan programs—business, Reporting and recordkeeping requirements, Rural Business and industry, Community 7 CFR Part 1957 areas. facilities, Fire prevention, Grant Loan programs—housing and programs—business, Grant programs— community development, Low and 7 CFR Part 4280 housing and community development, moderate income housing, Rural areas. Grant programs—Indians, Indians, Loan Business and industry, Energy, Grant programs—agriculture, Loan programs— 7 CFR Part 1962 programs—business, Loan programs— housing and community development, Agriculture, Bankruptcy, Drug traffic business, Rural areas. Loan programs—Indians, Loan control, Government property, Loan For the reasons set forth in the programs—natural resources, Reporting programs—agriculture, Loan programs— preamble, chapters XVII, XVIII, XXXV, and recordkeeping requirements, Rural housing and community development, and XLII of title 7 Code of Federal areas, Soil conservation, Waste Rural areas. Regulations are amended as follows:

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PART 1779—WATER AND WASTE Subpart A—Community Facility Loans (a) Community Facility Loans (7 CFR DISPOSAL PROGRAMS GUARANTEED part 1942, subpart A). LOANS ■ 7. Section 1942.10 revised to read as (b) Community Facilities Grant follows: Program (7 CFR part 3570, subpart B). (c) Community Programs Guaranteed ■ 1. The authority citation for part 1779 § 1942.10 Strategic economic and continues to read as follows: community development. Loans (7 CFR part 3575, subpart A). (d) Water and Waste Disposal Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 16 Applicants with projects that support Programs Guaranteed Loans (7 CFR part U.S.C. 1005. the implementation of Strategic 1779). Community Investment Plans are ■ (e) Water and Waste Loans and Grants 2. Section 1779.51 is revised to read encouraged to review and consider 7 as follows: (7 CFR part 1780, subparts A, B, C, and CFR part 1980, subpart K, which D). § 1779.51 Strategic economic and contains provisions for providing (f) Business and Industry Guaranteed community development. priority to projects that support the Loans (7 CFR part 4279, subparts A and implementation of Strategic Community Applicants with projects that support B; 7 CFR part 4287, subpart B). Investment Plans on a multi- (g) Rural Business Development the implementation of Strategic jurisdictional and multi-sectoral basis. Community Investment Plans are Grants (7 CFR part 4280, subpart E). (h) Community Connect Grant (7 CFR encouraged to review and consider 7 Subpart C—Fire and Rescue and Other CFR part 1980, subpart K, which part 1739). Small Community Facilities Projects (i) Rural Community Development contains provisions for providing Initiative Grant (2 CFR part 200). priority to projects that support the ■ 8. Section 1942.110 revised to read as (j) Tribal College Initiative Grants (7 implementation of Strategic Community follows: CFR part 3570, subpart B). Investments Plans on a multi- § 1942.110 Strategic economic and (k) Intermediary Relending Program (7 jurisdictional and multi-sectoral basis. community development. CFR part 4274). PART 1780—WATER AND WASTE Applicants with projects that support (l) Mutual Self-Help Housing LOANS AND GRANTS the implementation of Strategic Technical Assistance Grants (7 CFR part Community Investment Plans are 1944, subpart I). (m) Rural Housing Site Loans (7 CFR ■ 3. The authority citation for part 1780 encouraged to review and consider 7 part 1822, subpart G). continues to read as follows: CFR part 1980, subpart K, which contains provisions for providing (n) Housing Preservation Grants (7 Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 priority to projects that support the CFR part 1994, subpart N; 7 CFR part U.S.C. 1005. implementation of Strategic Community 1970, subparts A and O). (o) Farm Labor Housing Direct Loans Subpart B—Loan and Grant Investment Plans on a multi- jurisdictional and multi-sectoral basis. and Grants (7 CFR part 3560, subparts Application Processing L and M). PART 1980—GENERAL (p) Multi-Family Housing Loan ■ 4. Section 1780.34 is revised to read Guarantees (7 CFR part 3565). as follows: ■ 9. The general authority citation for (q) Distance Learning and part 1980 continues to read as follows: § 1780.34 Strategic economic and Telemedicine Loans and Grants (7 CFR community development. Authority: 5 U.S.C. 301; 7 U.S.C. 1989. part 1734). * * * * * (r) Rural Energy for America Program Applicants with projects that support (7 CFR part 4280, subpart B). the implementation of Strategic Subpart K—Strategic Economic and (s) Rural Economic Development Community Investment Plans are Community Development Loans and Grants (7 CFR part 4280). encouraged to review and consider 7 (t) Rural Energy Savings Program (7 CFR part 1980, subpart K, which ■ 10. Section 1980.1001 is revised to U.S.C. 8107a). contains provisions for providing read as follows: (u) Value-Added Producer Grants (7 priority to projects that support the U.S.C. 1632a). implementation of Strategic Community § 1980.1001 Purpose. (v) Household Water Well System Investment Plans on a multi- Projects that support the Grant Program (7 CFR part 1776). jurisdictional and multi-sectoral basis. implementation of Strategic Community (w) Solid Waste Management Grant (7 Investment Plans may receive priority ■ CFR part 1775, subpart D). 5. Under the authority of 5 U.S.C 301, funding from authorized programs ■ 12. Amend § 1980.1004 by revising 7 U.S.C. 1926(a), 7 U.S.C. 1932(a), 7 found in § 1980.1002. The purpose of paragraphs (b) and (c) to read as follows: U.S.C. 1989, and 7 U.S.C. 8107, the this subpart is to describe the process by heading of chapter XVIII is revised to which applications will be reviewed § 1980.1004 Funding. read as follows: and selected to receive priority funding. * * * * * ■ (b) Percentage of funds. The Agency CHAPTER XVIII—RURAL HOUSING 11. Section 1980.1002 is revised to read as follows: will reserve up to 15 percent of the SERVICE, RURAL BUSINESS– funds made available in a fiscal year to COOPERATIVE SERVICE, AND RURAL § 1980.1002 Programs. each program identified in § 1980.1002. UTILITIES SERVICE, DEPARTMENT OF The Agency may elect to reserve The percentage of funds to be set aside AGRICULTURE funds from one or more programs for will be published in a notice in the projects that support Strategic Federal Register on an annual basis. PART 1942—ASSOCIATIONS Community Investment Plans. The The Agency may reserve the same or programs chosen for a given fiscal year different percentages for each program ■ 6. The authority citation for part 1942 will be announced annually in a notice in a single fiscal year. continues to read as follows: published in the Federal Register. The (c) Unobligated funds. In accordance Authority: 5 U.S.C. 301; 7 U.S.C. 1989. authorized programs are: with 7 U.S.C. 2008v, all Strategic

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Economic and Community Development Philanthropic organization means an identified in § 1980.1002, each (SECD) reserved funds will be reserved entity whose mission is to provide applicant seeking funding under this for the 1-year period beginning on the monetary, technical assistance, or other subpart must provide the information date on which the funds were first made items of value for religious, charitable, specified in paragraphs (a) through (f) of available. The Agency has determined community development, scientific, this section. that for both non-annual and annually literary, or educational purposes. (a) A Strategic Economic and appropriated programs, SECD reserved Plan means a Strategic Community Community Development application funding will be available for obligation Investment Plan illustrating: form (Form RD 1980–88); until dates established by covered (1) A variety of activities designed to (b) A description of the jurisdiction or programs as specified in a SECD annual facilitate the vision of a rural jurisdictions in which the Plan is to be Federal Register publication. Reserved community for the future including implemented; funds in annual programs not obligated considerations for improving and (c) Documentation that the Plan was by September 30 will be reconciled expanding broadband services as developed through the collaboration of according to applicable law. needed; multiple stakeholders in the jurisdiction (2) Participation by multiple ■ 13. In § 1980.1005: of the Plan, including the participation ■ a. Revise the definition of ‘‘Adopted;’’ stakeholders, including local and of combinations of stakeholders; regional partners; ■ b. Remove the definition of ‘‘Carried (d) Documentation that the Plan (3) Leverage of applicable regional Out Solely in a rural area;’’ demonstrates leveraging of the ■ c. Add the definition of ‘‘Carried out resources; (4) Investment from strategic partners, applicable region’s assets to support the in a rural area’’ in alphabetical order; Plan; ■ d. Revise the definition of such as private organizations, cooperatives, other government entities, (e) Documentation indicating whether ‘‘Jurisdiction’’; or not the Plan includes monetary or ■ Indian tribes, and philanthropic e. Remove the definition for ‘‘Multi- non-monetary contributions from Jurisdictional’’ and add the definition organizations; (5) Clear objectives with the ability to strategic partners; and for ‘‘Multi-jurisdictional’’ in its place; (f) Documentation that the Plan ■ f. Add the definition of ‘‘Multi- establish measurable performance metrics; contains: sectoral’’ in alphabetical order; (1) Clear, measurable performance ■ g. Revise the definitions of (6) Action steps for implementation; objectives with action steps for ‘‘Philanthropic organization,’’ ‘‘Plan,’’ and (7) Any other elements necessary to implementation; and and ‘‘Project;’’ and ■ h. Add the definitions of ‘‘Sector,’’ ensure that the plan results in a (2) The ability to track progress ‘‘Stakeholder,’’ and ‘‘Strategic partners’’ comprehensive and strategic approach toward meeting the Plan’s objectives. in alphabetical order. to rural economic development, as ■ 17. Amend § 1980.1020 by revising The revisions and additions read as determined by the Secretary. paragraphs (a) and (b) to read as follows: Project means the eligible proposed follows: use(s) for which funds are requested as § 1980.1020 Scoring. § 1980.1005 Definitions. described in the application material * * * * * * * * * * submitted to the Agency for funding (a) Program scoring. The Agency will Adopted means appropriate entity under the programs listed in score each application using the criteria has, or entities have, officially approved § 1980.1002. for the applicable covered program, the plan for implementation. The Sector means stakeholders from areas identified in § 1980.1002. The appropriate entity or entities will vary such as business, health, education, maximum number of points an among plans and may be, for example, and/or workforce; or from organization application can receive under this a governing body or planning board. types such as public, private, non-profit, paragraph (a) is based on the scoring and/or philanthropy. * * * * * criteria for the applicable program Stakeholder means an individual, identified in § 1980.1002, including any Carried out in a rural area means group or organization with an interest either: discretionary points that may be in, or affected by, the plan. awarded. (1) The entire project is physically Strategic partner means entities such (b) SECD scoring. The Agency will located in a rural area; or as private organizations, cooperatives, score each application using the criteria (2) The beneficiaries of the service(s) other government entities, Indian identified in paragraphs (b)(1) and (2) of provided through the project must Tribes, and philanthropic organizations. this section. The maximum number of either reside in a rural area (in the case ■ of individuals) or be located in a rural 15. Amend § 1980.1010 by revising points an application can receive under area (in the case of entities). paragraphs (b) and (c) to read as follows: this paragraph (b) is 20 points. * * * * * § 1980.1010 Project eligibility. (1) Objectives of the plan. The Agency Jurisdiction means a unit of * * * * * will score how the project supports government or other entity with similar (b) The Project must be carried out in achieving the objectives of a plan which powers, such as a city, county, district, a rural area; and are identified in paragraphs (b)(1)(i) special purpose district, township, (c) The Project must support the through (iii). Applicants must supply town, borough, parish, village, state, implementation of a Strategic sufficient documentation that Indian tribe, etc. Community Investment Plans on a demonstrates to the Agency the criteria Multi-jurisdictional means more than multi-jurisdictional and multi-sectoral identified in paragraphs (b)(1)(i) through one jurisdiction. basis. (iii) of this section are met. The Multi-sectoral means intentional ■ 16. Section 1980.1015 is revised to maximum score under this paragraph collaboration between two or more read as follows: (b)(1) is 10 points. sectors (i.e., utility, health, housing, (i) If the project directly supports community services, etc.) to accomplish § 1980.1015 Applications. implementation of three or more of the goals and achieve outcomes in In addition to the application material plan’s objectives, the application will communities and regions. specific to the applicable program receive 10 points.

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(ii) If the project directly supports compete for funding under the Subpart B—Business and Industry implementation of two of the plan’s applicable program identified in Loans objectives, the application will receive 5 § 1980.1002. The scores for such points. Projects when competing for program ■ 25. Section 4279.162 revised to read (iii) If the project directly supports funding will not include the score as follows: implementation of less than two of the assigned to the application under § 4279.162 Strategic economic and plan’s objectives, the application will § 1980.1020(b). community development. receive no points. (2) Characteristics of a plan. The § 1980.1026 [Removed and Reserved] Applicants with projects that support the implementation of Strategic Agency will score the plan associated ■ 19. Remove and reserve § 1980.1026. with a Project based upon the Community Investment Plans are encouraged to review and consider 7 characteristics of the plan, which are PART 3570—COMMUNITY PROGRAMS identified in paragraphs (b)(2)(i) through CFR part 1980, subpart K, which contains provisions for providing (v) of this section. Applicants must ■ 20. The authority citation for part priority to projects that support the supply sufficient documentation that 3570 continues to read as follows: demonstrates to the Agency the criteria implementation of Strategic Community Authority: 5 U.S.C. 301; 7 U.S.C. 1989. identified in paragraphs (b)(2)(i) through Investment Plans on a multi- jurisdictional and multi-sectoral basis. (v) of this section are met. The Subpart B—Community Facilities maximum score under this paragraph Grant Program PART 4280—LOANS AND GRANTS (b)(2) is 10 points. (i) Variety of activities. If the plan ■ 21. Section 3570.71 revised to read as ■ 26. The authority citation for part contains a variety of activities which follows: 4280 continues to read as follows: clearly show facilitation toward achieving the vision for the rural § 3570.71 Strategic economic and Authority: 5 U.S.C. 301: 7 U.S.C. 940c and 7 U.S.C. 1932(c). communities and/or region as expressed community development. in the plan, two points will be awarded. Applicants with projects that support Subpart E—Rural Business (ii) Regional resources leverage. If the the implementation of Strategic Development Grants plan demonstrates an understanding of Community Investment Plans are the applicable regional asset resources encouraged to review and consider 7 ■ 27. Section 4280.428 revised to read and indicates leveraging of those CFR part 1980, subpart K, which as follows: resources to support the plan, including contains provisions for providing cultural resources, natural resources, § 4280.428 Strategic economic and priority to projects that support the community development. human resources, infrastructure, and implementation of Strategic Community Applicants with projects that support financial resources, two points will be Investment Plans on a multi- the implementation of Strategic awarded. jurisdictional and multi-sectoral basis. (iii) Strategic partner investments. If Community Investment Plans are the Plan includes investments from PART 3575—GENERAL encouraged to review and consider 7 strategic partners other than the U.S. CFR part 1980, subpart K, which Department of Agriculture, two points ■ 22. The authority citation for part contains provisions for providing will be awarded. 3575 continues to read as follows: priority to projects that support the (iv) Participation by multiple implementation of Strategic Community Authority: 5 U.S.C. 301, 7 U.S.C. 1989. stakeholders. If the plan provides Investment Plans on a multi- evidence of the involvement of multiple Subpart A—Community Program jurisdictional and multi-sectoral basis. stakeholders from multiple jurisdictions Guaranteed Loans Bette B. Brand, and representing multiple sectors in the Deputy Undersecretary, Rural Development. preparation, implementation, ■ 23. Section 3575.51 revised to read as monitoring and/or evaluation of the follows: Richard Fordyce, plan, Rural Development (RD) will Administrator, Farm Service Agency. award two points. § 3575.51 Strategic economic and [FR Doc. 2020–19825 Filed 9–21–20; 8:45 am] community development. (v) Objectives, performance measures, BILLING CODE 3410–XV–P and action steps. If the plan contains Applicants with projects that support clear, measurable objectives, the ability the implementation of Strategic to track progress toward meeting the Community Investment Plans are NUCLEAR REGULATORY objectives and identifiable action steps encouraged to review and consider 7 COMMISSION for implementation, two points will be CFR part 1980, subpart K, which awarded. contains provisions for providing 10 CFR Part 72 * * * * * priority to projects that support the [NRC–2020–0166] ■ 18. Section 1980.1025 is revised to implementation of strategic community read as follows: investment plans on a multi- RIN 3150–AK50 jurisdictional and multi-sectoral basis. § 1980.1025 Award process. List of Approved Spent Fuel Storage (a) Unless RD indicates otherwise in PART 4279—GUARANTEED Casks: NAC International, Inc. ® a notice, the award process for the LOANMAKING MAGNASTOR Storage System, applicable program identified in Certificate of Compliance No. 1031, § 1980.1002 will be used to determine ■ 24. The authority citation for part Amendment No. 9 4279 continues to read as follows: which Projects receive funding under AGENCY: Nuclear Regulatory this subpart. Authority: 5 U.S.C. 301; and 7 U.S.C. Commission. (b) Projects not receiving funding 1989: and Public Law 116–136, Division B, ACTION: Direct final rule. under this subpart are eligible to Title I.

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SUMMARY: The U.S. Nuclear Regulatory For additional direction on obtaining is currently closed. You may submit Commission (NRC) is amending its information and submitting comments, your request to the PDR via email at spent fuel storage regulations by see ‘‘Obtaining Information and [email protected] or call 1–800– revising the NAC International, Inc. Submitting Comments’’ in the 397–4209 between 8:00 a.m. and 4:00 MAGNASTOR® Storage System listing SUPPLEMENTARY INFORMATION section of p.m. (EST), Monday through Friday, within the ‘‘List of approved spent fuel this document. except Federal holidays. storage casks’’ to include Amendment FOR FURTHER INFORMATION CONTACT: B. Submitting Comments No. 9 to Certificate of Compliance No. Bernard White, Office of Nuclear Please include Docket ID NRC–2020– 1031. Amendment No. 9 revises the Material Safety and Safeguards; 0166 in your comment submission. certificate of compliance to add a new telephone: 301–415–6577; email: concrete storage overpack; four new The NRC cautions you not to include [email protected] or Angella Love identifying or contact information that heat load zone patterns and their Blair, Office of Nuclear Material Safety associated decay heats that are specific you do not want to be publicly and Safeguards; telephone: 301–415– disclosed in your comment submission. to Babcock and Wilcox 15x15 fuel 3453; email: [email protected]. assemblies; a new Babcock & Wilcox The NRC will post all comment Both are staff of the U.S. Nuclear submissions at https:// 15x15 hybrid fuel assembly type Regulatory Commission, Washington, (BW15H5); and a new maximum www.regulations.gov as well as enter the DC 20555–0001. comment submissions into ADAMS. enrichment for the BW15H2 hybrid fuel SUPPLEMENTARY INFORMATION: assembly, including a new minimum The NRC does not routinely edit soluble boron concentration during Table of Contents: comment submissions to remove loading and unloading operations and identifying or contact information. I. Obtaining Information and Submitting If you are requesting or aggregating neutron absorber areal density. In Comments comments from other persons for addition, Amendment No. 9 makes non- II. Rulemaking Procedure submission to the NRC, you should technical changes to reorganize III. Background inform those persons not to include Appendix B of the technical IV. Discussion of Changes identifying or contact information that specifications. These changes are V. Voluntary Consensus Standards they do not want to be publicly discussed in more detail in the VI. Agreement State Compatibility disclosed in their comment submission. ‘‘Discussion of Changes’’ section of this VII. Plain Writing VIII. Environmental Assessment and Finding Your request should state that the NRC direct final rule. of No Significant Impact does not routinely edit comment DATES: This direct final rule is effective IX. Paperwork Reduction Act Statement submissions to remove such information December 7, 2020, unless significant X. Regulatory Flexibility Certification before making the comment adverse comments are received by XI. Regulatory Analysis submissions available to the public or XII. Backfitting and Issue Finality October 22, 2020. If this direct final rule entering the comment into ADAMS. is withdrawn as a result of such XIII. Congressional Review Act comments, timely notice of the XIV. Availability of Documents II. Rulemaking Procedure withdrawal will be published in the I. Obtaining Information and This rule is limited to the changes Federal Register. Comments received Submitting Comments contained in Amendment No. 9 to after this date will be considered if it is Certificate of Compliance No. 1031 and A. Obtaining Information practical to do so, but the NRC is able does not include other aspects of the to ensure consideration only for Please refer to Docket ID NRC–2020– NAC International, Inc. MAGNASTOR® comments received on or before this 0166 when contacting the NRC about Storage System design. The NRC is date. Comments received on this direct the availability of information for this using the ‘‘direct final rule procedure’’ final rule will also be considered to be action. You may obtain publicly- to issue this amendment because it comments on a companion proposed available information related to this represents a limited and routine change rule published in the Proposed Rules action by any of the following methods: to an existing certificate of compliance section of this issue of the Federal • Federal Rulemaking website: Go to that is expected to be non-controversial. Register. https://www.regulations.gov and search The NRC has determined that, with the ADDRESSES: You may submit comments for Docket ID NRC–2020–0166. requested changes, adequate protection • by any of the following methods: NRC’s Agencywide Documents of public health and safety will continue • Federal Rulemaking website: Go to Access and Management System to be ensured. The amendment to the https://www.regulations.gov and search (ADAMS): You may obtain publicly- rule will become effective on December for Docket ID NRC–2020–0166. Address available documents online in the 7, 2020. However, if the NRC receives questions about NRC dockets to Carol ADAMS Public Documents collection at any significant adverse comment on this Gallagher; telephone: 301–415–3463; https://www.nrc.gov/reading-rm/ direct final rule by October 22, 2020, email: [email protected]. For adams.html. To begin the search, select then the NRC will publish a document technical questions contact the ‘‘Begin Web-based ADAMS Search.’’ For that withdraws this action and will individuals listed in the FOR FURTHER problems with ADAMS, please contact subsequently address the comments INFORMATION CONTACT section of this the NRC’s Public Document Room (PDR) received in a final rule as a response to document. reference staff at 1–800–397–4209, 301– the companion proposed rule published • Email comments to: 415–4737, or by email to pdr.resource@ in the Proposed Rules section of this [email protected]. If you nrc.gov. For the convenience of the issue of the Federal Register. Absent do not receive an automatic email reply reader, instructions about obtaining significant modifications to the confirming receipt, then contact us at materials referenced in this document proposed revisions requiring 301–415–1677. are provided in the ‘‘Availability of republication, the NRC will not initiate • Mail comments to: Secretary, U.S. Documents’’ section. a second comment period on this action. Nuclear Regulatory Commission, • Attention: The Public Document A significant adverse comment is a Washington, DC 20555–0001, ATTN: Room (PDR), where you may examine comment where the commenter Rulemakings and Adjudications Staff. and order copies of public documents, explains why the rule would be

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inappropriate, including challenges to obtaining NRC approval of spent fuel within the limits specified by 10 CFR the rule’s underlying premise or storage cask designs. The NRC part 20, ‘‘Standards for Protection approach, or would be ineffective or subsequently issued a final rule on Against Radiation.’’ Thus, the NRC unacceptable without a change. A November 21, 2008 (73 FR 70587), that found there will be no significant comment is adverse and significant if: approved the NAC International, Inc. change in the types or amounts of any (1) The comment opposes the rule and MAGNASTOR® Storage System design effluent released, no significant increase provides a reason sufficient to require a and added it to the list of NRC-approved in the individual or cumulative substantive response in a notice-and- cask designs in § 72.214 as Certificate of radiation exposure, and no significant comment process. For example, a Compliance No. 1031. increase in the potential for or substantive response is required when: consequences from radiological IV. Discussion of Changes (a) The comment causes the NRC to accidents. reevaluate (or reconsider) its position or On October 9, 2019, as supplemented The NRC determined that the conduct additional analysis; on April 9, 2020, and June 29, 2020, amended NAC International, Inc. (b) The comment raises an issue NAC International, Inc. submitted a MAGNASTOR® Storage System cask serious enough to warrant a substantive request to amend Certificate of design, when used under the conditions response to clarify or complete the Compliance No. 1031 for the specified in the certificate of record; or MAGNASTOR® Storage System. compliance, the technical (c) The comment raises a relevant Amendment No. 9 revises the certificate specifications, and the NRC’s issue that was not previously addressed of compliance as follows: regulations, will meet the requirements or considered by the NRC. 1. Adds a new concrete storage of 10 CFR part 72; therefore, adequate (2) The comment proposes a change overpack, Concrete Cask Number 6 protection of public health and safety or an addition to the rule, and it is (CC6). will continue to be reasonably assured. apparent that the rule would be 2. Adds four new heat load zone When this direct final rule becomes ineffective or unacceptable without patterns (X, Y, Z, and Z-Prime) and their effective, persons who hold a general incorporation of the change or addition; associated decay heats that are specific license under § 72.210 may, consistent or to Babcock and Wilcox (B&W) 15x15 with the license conditions under (3) The comment causes the NRC to fuel assemblies. These new heat load § 72.212, load spent nuclear fuel into make a change (other than editorial) to zone patterns are only authorized for NAC International, Inc. MAGNASTOR® the rule, certificate of compliance, or use with the CC6 and MAGNASTOR® Storage System casks that meet the technical specifications. transfer cask number 2 (MTC2), which criteria of Amendment No. 9 to III. Background is a shortened, stainless steel version of Certificate of Compliance No. 1031. the original MTC in the technical Section 218(a) of the Nuclear Waste specifications. V. Voluntary Consensus Standards Policy Act of 1982, as amended, 3. Adds a new hybrid B&W 15x15 fuel The National Technology Transfer requires that ‘‘[t]he Secretary [of the assembly type (BW15H5). and Advancement Act of 1995 (Pub. L. Department of Energy] shall establish a 4. Adds a new maximum enrichment 104–113) requires that Federal agencies demonstration program, in cooperation for the BW15H2 hybrid fuel assembly of use technical standards that are with the private sector, for the dry 5.0 weight percent of uranium-235, a developed or adopted by voluntary storage of spent nuclear fuel at civilian new required minimum soluble boron consensus standards bodies unless the nuclear power reactor sites, with the concentration of 2650 parts per million use of such a standard is inconsistent objective of establishing one or more of boron-10 during loading and with applicable law or otherwise technologies that the [Nuclear unloading operations, and neutron impractical. In this direct final rule, the Regulatory] Commission may, by rule, absorber panels that have a required NRC revises the NAC International, Inc. approve for use at the sites of civilian minimum areal density 0.036 grams of MAGNASTOR® Storage System design nuclear power reactors without, to the boron-10 per cubic centimeter. listed in § 72.214, ‘‘List of approved maximum extent practicable, the need In addition, Amendment No. 9 makes spent fuel storage casks.’’ This action for additional site-specific approvals by non-technical changes to reorganize does not constitute the establishment of the Commission.’’ Section 133 of the Appendix B of the technical a standard that contains generally Nuclear Waste Policy Act states, in part, specifications to limit duplication of applicable requirements. that ‘‘[t]he Commission shall, by rule, material and increase ease of use. establish procedures for the licensing of As documented in the preliminary VI. Agreement State Compatibility any technology approved by the safety evaluation report, the NRC Under the ‘‘Agreement State Program Commission under Section 219(a) [sic: performed a safety evaluation of the Policy Statement’’ approved by the 218(a)] for use at the site of any civilian proposed certificate of compliance Commission on October 2, 2017, and nuclear power reactor.’’ amendment request. The NRC published in the Federal Register on To implement this mandate, the determined that this amendment does October 18, 2017 (82 FR 48535), this Commission approved dry storage of not reflect a significant change in design rule is classified as Compatibility spent nuclear fuel in NRC-approved or fabrication of the cask. Specifically, Category NRC—Areas of Exclusive NRC casks under a general license by the NRC determined that the design of Regulatory Authority. The NRC program publishing a final rule which added a the cask would continue to prevent loss elements in this category are those that new subpart K in part 72 of title 10 of of containment, shielding, and relate directly to areas of regulation the Code of Federal Regulations (10 criticality control in the event of each reserved to the NRC by the Atomic CFR) entitled ‘‘General License for evaluated accident condition. This Energy Act of 1954, as amended, or the Storage of Spent Fuel at Power Reactor amendment does not reflect a significant provisions of 10 CFR chapter I. Sites’’ (55 FR 29181; July 18, 1990). This change in design or fabrication of the Therefore, compatibility is not required rule also established a new subpart L in cask. In addition, any resulting for program elements in this category. 10 CFR part 72 entitled ‘‘Approval of occupational exposure or offsite dose Although an Agreement State may not Spent Fuel Storage Casks,’’ which rates from the implementation of adopt program elements reserved to the contains procedures and criteria for Amendment No. 9 would remain well NRC, and the Category ‘‘NRC’’ does not

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confer regulatory authority on the State, changes to reorganize Appendix B of the in the potential for or consequences the State may wish to inform its technical specifications. from, radiological accidents. The NRC licensees of certain requirements by documented its safety findings in the C. Environmental Impacts of the Action means consistent with the particular preliminary safety evaluation report. State’s administrative procedure laws. On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR D. Alternative to the Action VII. Plain Writing part 72 to provide for the storage of The alternative to this action is to The Plain Writing Act of 2010 (Pub. spent fuel under a general license in deny approval of Amendment No. 9 and L. 111–274) requires Federal agencies to cask designs approved by the NRC. The not issue the direct final rule. write documents in a clear, concise, and potential environmental impact of using Consequently, any 10 CFR part 72 well-organized manner. The NRC has NRC-approved storage casks was general licensee that seeks to load spent written this document to be consistent analyzed in the environmental nuclear fuel into the NAC International, ® with the Plain Writing Act as well as the assessment for the 1990 final rule. The Inc. MAGNASTOR Storage System in Presidential Memorandum, ‘‘Plain environmental assessment for accordance with the changes described Language in Government Writing,’’ Amendment No. 9 tiers off of the in proposed Amendment No. 9 would published June 10, 1998 (63 FR 31885). environmental assessment for the July have to request an exemption from the 18, 1990, final rule. Tiering on past requirements of §§ 72.212 and 72.214. VIII. Environmental Assessment and environmental assessments is a standard Under this alternative, interested Finding of No Significant Impact process under the National licensees would have to prepare, and Environmental Policy Act of 1969, as Under the National Environmental the NRC would have to review, a amended. Policy Act of 1969, as amended, and the separate exemption request, thereby The NAC International, Inc. increasing the administrative burden NRC’s regulations in 10 CFR part 51, MAGNASTOR® Storage System is ‘‘Environmental Protection Regulations upon the NRC and the costs to each designed to mitigate the effects of design licensee. The environmental impacts for Domestic Licensing and Related basis accidents that could occur during Regulatory Functions,’’ the NRC has would be the same as the proposed storage. Design basis accidents account action. determined that this direct final rule, if for human-induced events and the most adopted, would not be a major Federal severe natural phenomena reported for E. Alternative Use of Resources action significantly affecting the quality the site and surrounding area. of the human environment and, Approval of Amendment No. 9 to Postulated accidents analyzed for an Certificate of Compliance No. 1031 therefore, an environmental impact independent spent fuel storage statement is not required. The NRC has would result in no irreversible installation, the type of facility at which commitment of resources. made a finding of no significant impact a holder of a power reactor operating on the basis of this environmental license would store spent fuel in casks F. Agencies and Persons Contacted assessment. in accordance with 10 CFR part 72, can No agencies or persons outside the A. The Action include tornado winds and tornado- NRC were contacted in connection with generated missiles, a design basis the preparation of this environmental The action is to amend § 72.214 to earthquake, a design basis flood, an assessment. revise the NAC International, Inc. accidental cask drop, lightning effects, ® MAGNASTOR Storage System listing fire, explosions, and other incidents. G. Finding of No Significant Impact within the ‘‘List of approved spent fuel The design of the cask would prevent The environmental impacts of the storage casks’’ to include Amendment loss of confinement, shielding, and action have been reviewed under the No. 9 to Certificate of Compliance No. criticality control in the event of each requirements in the National 1031. evaluated accident condition. If there is Environmental Policy Act of 1969, as B. The Need for the Action no loss of confinement, shielding, or amended, and the NRC’s regulations in criticality control, the environmental subpart A of 10 CFR part 51, This direct final rule amends the impacts resulting from an accident ‘‘Environmental Protection Regulations certificate of compliance for the NAC would be insignificant. This amendment for Domestic Licensing and Related ® International, Inc. MAGNASTOR does not reflect a significant change in Regulatory Functions.’’ Based on the Storage System design within the list of design or fabrication of the cask. foregoing environmental assessment, the approved spent fuel storage casks to Because there are no significant design NRC concludes that this direct final rule allow power reactor licensees to store or process changes, any resulting entitled ‘‘List of Approved Spent Fuel spent fuel at reactor sites in casks with occupational exposure or offsite dose Storage Casks: NAC International, Inc. the approved modifications under a rates from the implementation of MAGNASTOR® Storage System, general license. Specifically, Amendment No. 9 would remain well Certificate of Compliance No. 1031, Amendment No. 9 revises the certificate within the 10 CFR part 20 limits. Amendment No. 9’’ will not have a of compliance to add (1) a new concrete Therefore, the proposed certificate of significant effect on the human storage overpack; (2) four new heat load compliance changes will not result in environment. Therefore, the NRC has zone patterns and their associated decay any radiological or non-radiological determined that an environmental heats that are specific to B&W 15x15 environmental impacts that significantly impact statement is not necessary for fuel assemblies; (3) a new B&W 15x15 differ from the environmental impacts this direct final rule. hybrid fuel assembly type (BW15H5); evaluated in the environmental and (4) a new maximum enrichment for assessment supporting the July 18, 1990, IX. Paperwork Reduction Act the BW15H2 hybrid fuel assembly, final rule. There will be no significant Statement including a new minimum soluble change in the types or significant This direct final rule does not contain boron concentration during loading and revisions in the amounts of any effluent any new or amended collections of unloading operations and neutron released, no significant increase in the information subject to the Paperwork absorber areal density. In addition, individual or cumulative radiation Reduction Act of 1995 (44 U.S.C. 3501 Amendment No. 9 makes non-technical exposures, and no significant increase et seq.). Existing collections of

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information were approved by the by adding it to the list of NRC-approved this direct final rule. Therefore, a backfit Office of Management and Budget, cask designs in § 72.214. analysis is not required. This direct final approval number 3150–0132. On October 9, 2019, as supplemented rule revises Certificate of Compliance on April 9, 2020, and June 29, 2020, No. 1031 for the NAC International, Inc. Public Protection Notification NAC International, Inc. submitted a MAGNASTOR® Storage System, as The NRC may not conduct or sponsor, request to amend the MAGNASTOR® currently listed in § 72.214. The revision and a person is not required to respond Storage System as described in Section consists of the changes in Amendment to, a request for information or an IV, ‘‘Discussion of Changes,’’ of this No. 9 previously described, as set forth information collection requirement document. in the revised certificate of compliance unless the requesting document The alternative to this action is to and technical specifications. displays a currently valid Office of withhold approval of Amendment No. 9 Amendment No. 9 to Certificate of Management and Budget control and to require any 10 CFR part 72 Compliance No. 1031 for the NAC number. general licensee seeking to load spent International, Inc. MAGNASTOR® nuclear fuel into the NAC International, X. Regulatory Flexibility Certification Storage System was initiated by NAC Inc. MAGNASTOR® Storage System International, Inc. and was not Under the Regulatory Flexibility Act under the changes described in submitted in response to new NRC of 1980 (5 U.S.C. 605(b)), the NRC Amendment No. 9 to request an requirements, or an NRC request for certifies that this direct final rule will exemption from the requirements of amendment. Amendment No. 9 applies not, if issued, have a significant §§ 72.212 and 72.214. Under this only to new casks fabricated and used economic impact on a substantial alternative, each interested 10 CFR part under Amendment No. 9. These changes number of small entities. This direct 72 licensee would have to prepare, and do not affect existing users of the NAC final rule affects only nuclear power the NRC would have to review, a International, Inc. MAGNASTOR® plant licensees and NAC International, separate exemption request, thereby Storage System, and previous Inc. These entities do not fall within the increasing the administrative burden amendments continue to be effective for scope of the definition of small entities upon the NRC and the costs to each existing users. While current users of set forth in the Regulatory Flexibility licensee. this storage system may comply with Act or the size standards established by Approval of this direct final rule is the new requirements in Amendment the NRC (§ 2.810). consistent with previous NRC actions. No. 9, this would be a voluntary XI. Regulatory Analysis Further, as documented in the decision on the part of current users. preliminary safety evaluation report and For these reasons, Amendment No. 9 On July 18, 1990 (55 FR 29181), the environmental assessment, this direct to Certificate of Compliance No. 1031 NRC issued an amendment to 10 CFR final rule will have no adverse effect on does not constitute backfitting under part 72 to provide for the storage of public health and safety or the § 72.62 or § 50.109(a)(1), or otherwise spent nuclear fuel under a general environment. This direct final rule has represent an inconsistency with the license in cask designs approved by the no significant identifiable impact or issue finality provisions applicable to NRC. Any nuclear power reactor benefit on other government agencies. combined licenses in 10 CFR part 52. licensee can use NRC-approved cask Based on this regulatory analysis, the Accordingly, the NRC has not prepared designs to store spent nuclear fuel if (1) NRC concludes that the requirements of a backfit analysis for this rulemaking. it notifies the NRC in advance, (2) the this direct final rule are commensurate spent fuel is stored under the conditions with the NRC’s responsibilities for XIII. Congressional Review Act specified in the cask’s certificate of public health and safety and the This direct final rule is not a rule as compliance, and (3) the conditions of common defense and security. No other defined in the Congressional Review the general license are met. A list of available alternative is believed to be as Act. NRC-approved cask designs is contained satisfactory, and therefore, this action is XIV. Availability of Documents in § 72.214. On November 21, 2008 (73 recommended. FR 70587), the NRC issued an The documents identified in the amendment to 10 CFR part 72 that XII. Backfitting and Issue Finality following table are available to approved the NAC International, Inc. The NRC has determined that the interested persons through one or more MAGNASTOR® Storage System design backfit rule (§ 72.62) does not apply to of the following methods, as indicated.

ADAMS Accession No./web link/ Document Federal Register citation

Redacted SAR for MAGNASTOR® Amendment 9, dated October 29, 2019 ...... ML19302F268 (package). Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Informa- ML20108F319 (package). tion for Amendment No. 9 to Certificate of Compliance No. 1031 for the NAC International MAGNASTOR® Cask System, dated April 9, 2020. Submission of a Supplement to NAC’s Request for Amendment No. 9 to Certificate of Compliance No. ML20192A118. 1031 for the NAC International MAGNASTOR® Cask System, dated June 29, 2020. Memo—User Need for Rulemaking for the NAC International MAGNASTOR® Cask System Certificate ML20174A551. of Compliance No. 1031, Amendment No. 9, dated July 28, 2020. Draft Proposed Certificate of Compliance No. 1031, Amendment 9 ...... ML20174A552. Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix A, Technical Specifications ..... ML20174A553. Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix B, Technical Specifications ..... ML20174A554. Certificate of Compliance No. 1031, Amendment 9—Preliminary Safety Evaluation Report ...... ML20174A555.

The NRC may post materials related comments, on the Federal Rulemaking under Docket ID NRC–2020–0166. The to this document, including public website at https://www.regulations.gov Federal Rulemaking website allows you

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to receive alerts when changes or Amendment Number 1, Revision 1, airworthiness standards for normal additions occur in a docket folder. To Effective Date: February 1, 2016. category airplanes and that they provide subscribe: (1) Navigate to the docket Amendment Number 2 Effective Date: an appropriate level of safety. folder NRC–2020–0166; (2) click the January 30, 2012, superseded by DATES: Effective September 22, 2020. ‘‘Sign up for Email Alerts’’ link; and (3) Amendment Number 2, Revision 1, on FOR FURTHER INFORMATION CONTACT: enter your email address and select how February 1, 2016. Andy Supinie, Federal Aviation frequently you would like to receive Amendment Number 2, Revision 1, Administration, Policy and Innovation emails (daily, weekly, or monthly). Effective Date: February 1, 2016. Division, Small Airplane Standards Amendment Number 3 Effective Date: List of Subjects in 10 CFR Part 72 Branch, AIR–690, 901 Locust Street, July 25, 2013, superseded by Room 301, Kansas City, Missouri 64106; Administrative practice and Amendment Number 3, Revision 1, on telephone (316) 946–4150; facsimile: procedure, Hazardous waste, Indians, February 1, 2016. (316) 946–4107; email: andrew.supinie@ Intergovernmental relations, Nuclear Amendment Number 3, Revision 1, faa.gov. energy, Penalties, Radiation protection, Effective Date: February 1, 2016. SUPPLEMENTARY INFORMATION: Reporting and recordkeeping Amendment Number 4 Effective Date: Background: Under the provisions of requirements, Security measures, Spent April 14, 2015. the National Technology Transfer and fuel, Whistleblowing. Amendment Number 5 Effective Date: 1 June 29, 2015. Advancement Act of 1995 and Office For the reasons set out in the of Management and Budget (OMB) preamble and under the authority of the Amendment Number 6 Effective Date: December 21, 2016. Circular A–119, ‘‘Federal Participation Atomic Energy Act of 1954, as amended; in the Development and Use of the Energy Reorganization Act of 1974, Amendment Number 7 Effective Date: August 21, 2017, as corrected (ADAMS Voluntary Consensus Standards and in as amended; the Nuclear Waste Policy Conformity Assessment Activities,’’ Act of 1982, as amended; and 5 U.S.C. Accession No. ML19045A346). Amendment Number 8, Effective effective January 27, 2016, the FAA 552 and 553; the NRC is amending 10 participates in the development of CFR part 72 to read as follows: Date: March 24, 2020. Amendment Number 9, Effective consensus standards and uses consensus standards as a means of PART 72—LICENSING Date: December 7, 2020. carrying out its policy objectives where REQUIREMENTS FOR THE SAR Submitted by: NAC International, Inc. appropriate. INDEPENDENT STORAGE OF SPENT Consistent with the Small Airplane NUCLEAR FUEL, HIGH–LEVEL SAR Title: Final Safety Analysis ® Revitalization Act of 2013,2 the FAA has RADIOACTIVE WASTE, AND Report for the MAGNASTOR System. Docket Number: 72–1031. been working with industry and other REACTOR–RELATED GREATER THAN stakeholders lop consensus standards CLASS C WASTE Certificate Expiration Date: February 4, 2029. for use as a means of compliance in ® certificating small airplanes under Title ■ 1. The authority citation for part 72 Model Number: MAGNASTOR . 14, Code of Federal Regulations (14 continues to read as follows: * * * * * CFR) part 23. In promulgating part 23, Authority: Atomic Energy Act of 1954, Dated this September 4, 2020. amendment 23–64 3 (81 FR 96572, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, For the Nuclear Regulatory Commission. December 30, 2016), the FAA explained 183, 184, 186, 187, 189, 223, 234, 274 (42 Margaret M. Doane, that if it determined such consensus U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, Executive Director for Operations. standards were acceptable means of 2236, 2237, 2238, 2273, 2282, 2021); Energy [FR Doc. 2020–20666 Filed 9–21–20; 8:45 am] compliance to part 23, it would publish Reorganization Act of 1974, secs. 201, 202, BILLING CODE 7590–01–P a notice of availability of those 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); consensus standards in the Federal National Environmental Policy Act of 1969 Register. (42 U.S.C. 4332); Nuclear Waste Policy Act DEPARTMENT OF TRANSPORTATION Pursuant to FAA Advisory Circular of 1982, secs. 117(a), 132, 133, 134, 135, 137, 23.2010–1,4 ‘‘FAA Accepted Means of 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), Federal Aviation Administration Compliance Process for 14 CFR part 10152, 10153, 10154, 10155, 10157, 10161, 23,’’ section 3.1.1, this notice serves as 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. 14 CFR Part 23 a formal acceptance by the Administrator of means of compliance ■ 2. In § 72.214, Certificate of [Docket No. FAA–2020–0798; Notice No. 23– based on consensus standards 20–01–NOA] Compliance No. 1031 is revised to read developed by ASTM. The means of as follows: Accepted Means of Compliance; compliance accepted by this notice are one means, but not the only means of § 72.214 List of approved spent fuel Airworthiness Standards: Normal storage casks. Category Airplanes complying with part 23 regulatory requirements. * * * * * AGENCY: Federal Aviation The FAA reviewed 35 published Certificate Number: 1031. Administration, DOT ASTM consensus standards, developed Initial Certificate Effective Date: ACTION: Notification of availability. by ASTM Committee F44, as the basis February 4, 2009, superseded by Initial for means of compliance to 65 sections Certificate, Revision 1, on February 1, SUMMARY: This document announces the 2016. availability of means of compliance to 1 Ref Public Law 104–113 as amended by Public Initial Certificate, Revision 1, Effective the applicable airworthiness standards Law 107–107. Date: February 1, 2016. for normal category airplanes. The 2 Ref Public Law 113–53. Amendment Number 1 Effective Date: Administrator finds these means of 3 See https://www.federalregister.gov/documents/ 2016/12/30/2016-30246/revision-of-airworthiness- August 30, 2010, superseded by compliance to be an acceptable means, standards-for-normal-utility-acrobatic-and- Amendment Number 1, Revision 1, on but not the only means, of showing commuter-category-airplanes. February 1, 2016. compliance to the applicable 4 See https://rgl.faa.gov/.

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of part 23, amendment 23–64. In some Amendment 23–64 established followed by their corresponding means cases, the Administrator finds sections airworthiness requirements based on the of compliance accepted by this notice. of ASTM Standard F3264–19, ‘‘Standard level of safety of amendment 23–63 However, for means of compliance Specification for Normal Category regulations, except for areas addressing identified in the following list, Aircraft Aeroplanes Certification,’’ without loss of control and icing where the Type Code compliance matrix tables, changes, are accepted as means of safety level was increased. Achieving which define applicability of the complying with the airworthiness this level of safety through compliance individual requirements of given requirements of amendment 23–64, with amendment 23–64—for a given standards, are not accepted in any within the scope and applicability of the certification project—may require use of ASTM F44 standard. Due to errors consensus standards. In other cases, the additional means of compliance beyond identified in the Aircraft Type Code means of compliance, while based on those accepted by this notice, compliance matrix tables, applicability ASTM consensus standards, include depending on the details of the specific of individual requirements of standards additional FAA provisions necessary to design. For example, applicants with must be established with the Small comply with the airworthiness novel designs, such as unmanned Airplane Standards Branch. requirements of amendment 23–64. airplanes or vertical takeoff and landing 23.1457: ASTM F3264–19, section 9.12 airplanes that are outside the scope and 23.1459: ASTM F3264–19, section 9.13 This document accepts only the applicability of these consensus 23.1529: ASTM F3264–19, section 10.6 revisions of standards referenced in standards must propose alternative ASTM Standard F3264–19, ‘‘Standard means of compliance, applicable to their Subpart B—Flight Specification for Normal Category designs, to be accepted under § 23.2010. Aeroplanes Certification.’’ Applicants Further information on supplemental 23.2100: ASTM F3264–19, section 5.1 who desire to use means of compliance means of compliance is provided in a 23.2105: ASTM F3264–19, section 5.2 reflected by other revisions to ASTM part 23 means of compliance summary 23.2110: ASTM F3264–19, section 5.3 standards not previously accepted may table and in the Small Airplanes Issues 23.2115: ASTM F3264–19, section 5.4 seek guidance and possible acceptance List, which are available on the Small 23.2120: ASTM F3264–19, section 5.5 from FAA for the use of those means of Airplanes—Regulations, Policies & 23.2125: ASTM F3264–19, section 5.6 compliance on a case-by-case basis. Guidance website.5 23.2130: ASTM F3264–19, section 5.7 Applicants may also propose alternative Means of Compliance Accepted in 23.2135: ASTM F3264–19, section 5.8, means of compliance for FAA review this Policy: The following is a list of part combined with the changes in the and possible acceptance. 23, amendment 23–64, sections following table:

Replace: With:

ASTM F3173/F3173M–18, FAA Section 4.3.2 Section 4.3.2. ‘‘Unless otherwise required, it shall be possible to carry out the following maneuvers without requiring the applica- tion of temporary one-hand control forces exceeding those specified in Table 1, appropriate for the type of con- trol. The trimming controls shall not be adjusted during the maneuvers.’’ ASTM F3173/F3173M–18, FAA Section 4.3.2.3 Section 4.3.2.3. ‘‘With landing gear and flaps extended, power necessary to maintain level flight at 1.1 VS0, and the airplane as nearly as possible in trim, it shall be possible to maintain approximately level flight while retracting the flaps as rapidly as possible with simultaneous application of maximum continuous power. If the level acceleration will result in exceeding VFE of the initial flap configuration prior to the flaps reaching their selected setting, power may be reduced after achieving 1.3 VFE of the initial flap configuration. The maneuver continues until the flaps reach the selected setting and the airplane achieves VFE of the initial flap configuration. If gated flap positions are provided, the flap retraction may be demonstrated in stages with power and trim reset for level flight at 1.1 VS1, in the initial configuration for each stage: (1) From the fully extended position to the most extended gated position; (2) Between intermediate gated positions, if applicable; and (3) From the least extended gated position to the fully retracted position.’’ ASTM F3173/F3173M–18, FAA Section 4.7 Section 4.7. ‘‘It shall be possible, while in the landing configuration, to complete a landing without causing substantial damage or serious injury, and without exceeding the temporary one-hand control force limits specified in Table 1, appro- priate for the type of control, following an approach to land under the following conditions;’’ ASTM F3173/F3173M–18 FAA Section 5.3.1.3 Section 5.3.1.3. ‘‘In a descent with idle power at a speed of 1.3 VS0 with landing gear extended and wing flaps in the landing po- sition.’’ ASTM F3173/F3173M–18 FAA Section 9.3.4 Section 9.3.4. ‘‘If the procedure set forth in 9.3.3.2 is used to demonstrate compliance and marginal conditions existing during flight test with regard to reversal of primary longitudinal control force, flight tests shall be accomplished from the normal acceleration at which a marginal stick force per g condition is found to exist to the applicable limit speci- fied in 9.3.2.1.’’

23.2140: ASTM F3264–19, section 5.9 F3180M–19 with ASTM F3180/ Subpart C—Structures 23.2145: ASTM F3264–19, section 5.10 F3180M–16 23.2155: ASTM F3264–19, section 5.12 23.2200: ASTM F3264–19, section 6.1 23.2150: ASTM F3264–19, section 5.11, 23.2160: ASTM F3264–19, section 5.13 23.2205: ASTM F3264–19, section 6.2, after replacing ASTM F3180/ 23.2165: ASTM F3264–19, section 5.14 combined with the changes to

5 See https://www.faa.gov/aircraft/air_cert/ design_approvals/small_airplanes/small_airplanes_ regs/.

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ASTM F3254–19, Figures 2, 3, and 4 shown in the following table:

Replace: With:

‘‘Remote’’ ...... ‘‘10¥5’’ ‘‘Extremely Improbable’’ ...... ‘‘10¥8’’ for Level 1, 2 and 3 airplanes and with ‘‘10¥9’’ for Level 4 airplanes’’

23.2210: ASTM F3264–19, section 6.3 23.2215: ASTM F3264–19, section 6.4, combined with the changes in the following table:

Replace: With:

ASTM F3116/F3116M–18, FAA Section 4.1.4 Section 4.1.4. ‘‘Appendix X1 through Appendix X4 provides, within the limitations specified within the appendix, a simplified means of compliance with several of the requirements set forth in sections 4.2 to 4.26 and 7.1 to 7.9 that can be applied as one (but not the only) means to comply. If the simplified methods in appendix X1 through X3 are used, they must be used together in their entirety.’’ ASTM F3116/F3116M–18, FAA Section X1.1.1 Section X1.1.1. ‘‘The methods provided in this appendix provide one possible means (but not the only possible means) of compli- ance and can only be applied to level 1 and level 2 low speed airplanes.’’

23.2220: ASTM F3264–19, section 6.5 23.2225: ASTM F3264–19, section 6.6, combined with the changes in the following table:

Replace: With:

ASTM F3116/F3116M–18, FAA X2.1.1 Section X2.1.1. ‘‘The methods provided in this appendix provide one possible means (but not the only possible means) of compli- ance and can only be applied to level 1 and level 2 low speed airplanes.’’ ASTM F3116/F3116M–18, FAA X3.1.1 Section X3.1.1. ‘‘The methods provided in this appendix provide one possible means (but not the only possible means) of compli- ance and can only be applied to level 1 and level 2 low speed airplanes.’’ ASTM F3116/F3116M–18, FAA X4.1.1 Section X4.1.1. ‘‘The methods provided in this appendix provide one possible means (but not the only possible means) of compli- ance and can only be applied to level 1 low speed airplanes.’’

23.2230: ASTM F3264–19, section 6.7 23.2240: ASTM F3264–19, section 6.9, F3115M–15 and making the 23.2235: ASTM F3264–19, section 6.8 after replacing ASTM F3115/ changes in the following table: F3115M–19 with ASTM F3115/

Replace: With:

ASTM F3115/F3115M–15, FAA 4.4.1 Section 4.4.1. ‘‘For metallic (aluminum), unpressurized, non-aerobatic, low-speed, level 1 airplanes, applicants can demonstrate a 10,000 hour safe-life by limiting the ‘1g’ gross stress, at maximum takeoff weight, to no more than 5.5 ksi. The applicant must show effective stress concentration factors of 4 or less in highly loaded joints and use ma- terials or material systems for which the physical and mechanical properties are well established.’’ ASTM F3115/F3115M–15, FAA 6.1 Section 6.1. ‘‘For bonded airframe structure, the residual strength of bonded joints shall be addressed as follows: For any bonded joint, the failure of which would result in catastrophic loss of the airplane, the limit load capacity must be substantiated by one of the following methods.’’

23.2245: ASTM F3264–19, section 6.10 23.2260: ASTM F3264–19, section 6.13 23.2270: ASTM F3264–19, section 6.15, 23.2250: ASTM F3264–19, section 6.11 23.2265: ASTM F3264–19, section 6.14 combined with the changes in the 23.2255: ASTM F3264–19, section 6.12 following table:

Replace: With:

ASTM F3083/F3083M–19 FAA Section 4.1.6 Section 4.1.6. ‘‘Engine mount and supporting structure must withstand 18.0 g forward for engines installed behind and above the seating compartment.’’

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Subpart D—Design and Construction 23.2415: ASTM F3264–19, section 8.4, 23.2430: ASTM F3264–19, section 8.7, 23.2300: ASTM F3264–19, section 7.1 combined with the following except delete ASTM F3264–19, 23.2305: ASTM F3264–19, section 7.2 changes: section 8.7.6 23.2310: ASTM F3264–19, section 7.3 1. Delete ASTM F3264–19, section 23.2435: ASTM F3264–19, section 8.8, 23.2315: ASTM F3264–19, section 7.4 8.4.4 except delete ASTM F3264–19, 23.2320: ASTM F3264–19, section 7.5 2. Add: An FAA accepted means of section 8.8.2 23.2325: ASTM F3264–19, section 7.6, compliance for the turbine engine except delete ASTM F3264–19, installation ice protection 23.2440: ASTM F3264–19, section 8.9, section 7.6.1.3 requirement of § 23.2415, on except delete ASTM F3264–19, 23.2330: ASTM F3264–19, section 7.7 airplanes not approved for flight section 8.9.5 23.2335: ASTM F3264–19, section 7.8 into known icing, such as the Subpart F—Equipment Subpart E—Powerplant provisions of F3120/F3120M–19 23.2400: ASTM F3264–19, section 8.1, section 7.2 and 7.3 (regardless of 23.2500: ASTM F3264–19, section 9.1, except delete ASTM F3264–19, the operation requirements in combined with the following section 8.1.6 F3120/F3120M–19 Table 1). changes: 23.2405: ASTM F3264–19, section 8.2, 23.2420: ASTM F3264–19, section 8.5, 1. Delete ASTM F3264–19, section except delete ASTM F3264–19, except delete ASTM F3264–19, 9.1.1.2(a) section 8.2.4 section 8.5.3 2. Delete ASTM F3264–19, section 23.2410: ASTM F3264–19, section 8.3, 23.2425: ASTM F3264–19, section 8.6, except delete ASTM F3264–19, except delete ASTM F3264–19, 9.1.1.5 section 8.3.8 section 8.6.6 3. As shown in the following table:

Replace: With:

ASTM F3230–17 Section FAA Section 3.2.1 3.2.1. ‘‘aircraft type code, n—an Aircraft Type Code (ATC) is defined by considering both the technical considerations regarding the design of the aircraft and the aeroplane certification level established based upon risk-based cri- teria; the method of defining an ATC applicable to this practice is defined in Specification F3061/F3061M.’’ ASTM F3230–17 Section 4 FAA Section 4 Example Example. ‘‘Example—An aircraft with an ATC of 1SRLLDLN is being considered. Since all applicable columns are empty for 4.1, that subsection is applicable to the aircraft. Since the ‘‘1’’ aeroplane certification level column, the ‘‘L’’ stall speed column, and the ‘‘D’’ meteorological column for 4.2.1 all contain white circles, then that subsection is not applicable; however, for an aircraft with an ATC of 1SRMLDLN, 4.2.1 would be applicable since the ‘‘M’’ stall speed column does not contain a white circle.’’ ASTM F3230–17 Table 1 ..... FAA Table 1 Column header ‘‘Airworthi- Column header ‘‘Aeroplane Certification Level’’. ness Level’’. ASTM F3230–17 Table 3 ..... FAA Table 3 Column header ‘‘Airworthi- Column header ‘‘Aeroplane Certification Level’’. ness Level’’.

23.2505: ASTM F3264–19, section 9.2, 2. Delete ASTM F3264–19, section 1. Delete ASTM F3264–19, section combined with the following 9.2.1.4 9.3.1.2 23.2510: ASTM F3264–19, section 9.3, changes: 2. As shown in the following table: 1. Delete ASTM F3264–19, section combined with the following 9.2.1.1(a) changes:

Replace: With:

ASTM F3230–17 Section FAA Section 3.2.1 3.2.1. ‘‘aircraft type code, n—an Aircraft Type Code (ATC) is defined by considering both the technical considerations regarding the design of the aircraft and the aeroplane certification level established based upon risk-based cri- teria; the method of defining an ATC applicable to this practice is defined in Specification F3061/F3061M.’’ ASTM F3230–17 Section 4 FAA Section 4 Example Example. ‘‘Example—An aircraft with an ATC of 1SRLLDLN is being considered. Since all applicable columns are empty for 4.1, that subsection is applicable to the aircraft. Since the ‘‘1’’ aeroplane certification level column, the ‘‘L’’ stall speed column, and the ‘‘D’’ meteorological column for 4.2.1 all contain white circles, then that subsection is not applicable; however, for an aircraft with an ATC of 1SRMLDLN, 4.2.1 would be applicable since the ‘‘M’’ stall speed column does not contain a white circle.’’ ASTM F3230–17 Table 1 ..... FAA Table 1 Column header ‘‘Airworthi- Column header ‘‘Aeroplane Certification Level’’ ness Level’’. ASTM F3230–17 Table 3 ..... FAA Table 3 Column header ‘‘Airworthi- Column header ‘‘Aeroplane Certification Level’’ ness Level’’.

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23.2515: ASTM F3264–19, section 9.4 23.2520: ASTM F3264–19, section 9.5, combined with the changes in the following table:

Replace: With:

ASTM F3236–17 Table 2 FAA Table 2 entry entry. 400 to 700 Mhz frequency range field strength average value: 400 to 700 Mhz frequency ‘‘50 volts/meter’’ range field strength aver- age value: ‘‘100 volts/ meter’’. ASTM F3236–17 Section FAA Section 4.2.3.3 4.2.3.3. ‘‘From 40 to 400 MHz, use conducted susceptibility tests, starting at a minimum of 30 mA at 40 MHz, decreasing 20 dB per frequency decade to a minimum of 3 mA at 400 MHz.’’

23.2525: ASTM F3264–19, section 9.6, Subpart G—Flightcrew Interface and compliance for the pilot except delete ASTM F3264–19, Other Information compartment view with formation section 9.6.2.3 23.2600: ASTM F3264–19, section 10.1, of fog or frost aspects of § 23.2600, 23.2530: ASTM F3264–19, section 9.7 combined with the following such as the provisions of 23.2535: ASTM F3264–19, section 9.8, changes: § 23.773(b), amendment 23–45. except delete ASTM F3264–19, 1. Add an FAA-accepted means of 23.2605: ASTM F3264–19, section 10.2 section 9.8.1 compliance for the windshield luminous transmittance aspects of 23.2610: ASTM F3264–19, section 10.3 23.2540: ASTM F3264–19, section 9.9 § 23.2600, such as the provisions of 23.2615: ASTM F3264–19, section 10.4, 23.2545: ASTM F3264–19, section 9.10 § 23.775(e), amendment 23–49. combined with the changes in the 23.2550: ASTM F3264–19, section 9.11 2. Add an FAA-accepted means of following table:

Replace: With:

ASTM F3064/F3064M–19, Section An FAA-accepted means of compliance for the powerplant instruments aspects of § 23.2615, such as the 6. provisions of § 23.1305, amendment 23–52.

23.2620: ASTM F3264–19, sections 5.15 for the revisions to be an accepted Issued in Kansas City, Missouri on August AND 10.5 means of compliance. 12, 2020. Pat Mullen, Editorial, reapproval, revision or Availability withdrawal: The FAA expects a suitable Manager, Small Airplanes Standards Branch, Policy and Innovation Division, Aircraft consensus standard to be reviewed ASTM Standard F3264–19, ‘‘Standard Certification Service. Specification for Normal Category periodically. ASTM policy is that a [FR Doc. 2020–17911 Filed 9–21–20; 8:45 am] consensus standard should be reviewed Aeroplanes Certification,’’ is available BILLING CODE 4910–13–P in its entirety by the responsible for online reading at https:// subcommittee and must be balloted for www.astm.org/READINGLIBRARY/. reapproval, revision, or withdrawal, ASTM International copyrights these DEPARTMENT OF TRANSPORTATION within five years of its last approval consensus standards and charges the date. ASTM reapproves a standard— public a fee for service. Individual Federal Aviation Administration denoted by the year of reapproval in downloads or reprints of a standard parentheses (e.g., F2427–05a(2013))—to (single or multiple copies, or special 14 CFR Part 39 indicate completion of a review cycle compilations and other related technical [Docket No. FAA–2020–0411; Product with no technical changes made to the information) may be obtained through Identifier 2018–SW–061–AD; Amendment standard. ASTM issues editorial www.astm.org or contacting ASTM at 39–21254; AD 2020–19–11] changes—denoted by a superscript (610) 832–9585 (phone), (610) 832–9555 RIN 2120–AA64 epsilon in the standard designation (e.g., (fax), or through [email protected] F3235–17e1)—to correct information (email). To inquire about consensus Airworthiness Directives; Leonardo that does not change the meaning or standard content and/or membership or S.p.a. Helicopters intent of a standard. Any means of about ASTM Offices abroad, contact Joe AGENCY: Federal Aviation compliance accepted by this notice that Koury, Staff Manager for Committee F44 Administration (FAA), DOT. is based on a standard later reapproved on General Aviation Aircraft: (610) 832– ACTION: Final rule. or editorially changed is also considered 9804, [email protected]. accepted without the need for a NOA. The FAA maintains a list of accepted SUMMARY: The FAA is adopting a new ASTM revises a standard to make means of compliance on the FAA airworthiness directive (AD) for certain changes to its technical content. website at https://www.faa.gov/aircraft/ Leonardo S.p.a. (Leonardo) Model A119 Revisions to consensus standards air_cert/design_approvals/small_ and AW119 MKII helicopters. This AD serving as the basis for means of requires repetitive borescope airplanes/small_airplanes_regs/. compliance accepted by this notice will inspections of the tail rotor gearbox not be automatically accepted and will (TGB) and depending on the inspection require further FAA acceptance in order results, removing the TGB from service.

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This AD was prompted by reports of 227, 230, 232, 233, AW268, K3, K16, FAA’s Determination corrosion on the internal surface of the M47, or L29, installed. The NPRM 90-degree TGB output shaft. The actions published in the Federal Register on These helicopters have been approved of this AD are intended to address an April 24, 2020 (85 FR 22970). The by EASA and are approved for operation unsafe condition on these products. NPRM proposed to require within 25 in the United States. Pursuant to the FAA’s bilateral agreement with the DATES: This AD is effective October 27, hours time-in-service (TIS) or 3 months, European Union, EASA has notified the 2020. whichever comes first, and thereafter at The Director of the Federal Register intervals not to exceed 100 hours TIS or FAA of the unsafe condition described approved the incorporation by reference 6 months, whichever occurs first, in its AD. The FAA is issuing this AD of a certain document listed in this AD borescope inspecting the internal after evaluating all information as of October 27, 2020. surface of the 90-degree TGB output provided by EASA and determining the unsafe condition exists and is likely to ADDRESSES: For service information shaft for corrosion. Depending on the exist or develop on other helicopters of identified in this final rule, contact inspection results, the NPRM proposed these same type designs and that air Leonardo S.p.a. Helicopters, Emanuele to require removing the TGB from safety and the public interest require Bufano, Head of Airworthiness, Viale G. service before further flight. The adopting the AD requirements as Agusta 520, 21017 C. Costa di Samarate proposed requirements were intended to proposed except for minor editorial (Va) Italy; telephone +39–0331–225074; prevent corrosion on the internal changes. The FAA has determined that fax +39–0331–229046; or at https:// surface of the 90-degree TGB output these minor changes are consistent with www.leonardocompany.com/en/home. shaft, failure of the 90-degree TGB the intent that was proposed in the You may view the referenced service output shaft, and reduced control of the NPRM for addressing the unsafe information at the FAA, Office of the helicopter. condition and do not add any additional Regional Counsel, Southwest Region, The NPRM was prompted by EASA burden upon the public than was 10101 Hillwood Pkwy., Room 6N–321, AD No. 2018–0156, dated July 24, 2018 already proposed in the NPRM. Fort Worth, TX 76177. It is also (EASA AD 2018–0156), issued by available on the internet at http:// EASA, which is the Technical Agent for Related Service Information Under 1 www.regulations.gov by searching for the Member States of the European CFR Part 51 and locating Docket No. FAA–2020– Union, to correct an unsafe condition 0411. The FAA reviewed Leonardo for Leonardo S.p.a. Helicopters Helicopters Alert Service Bulletin No. Examining the AD Docket (formerly Finmeccanica S.p.A., 119–090, dated July 23, 2018, for Model AgustaWestland S.p.A., Agusta S.p.A.; You may examine the AD docket on A119 and AW119MKII helicopters, and AgustaWestland Philadelphia the internet at http:// which contains procedures for Corporation, formerly Agusta Aerospace www.regulations.gov by searching for conducting an endoscope inspection of Corporation) Model A119 and and locating Docket No. FAA–2020– the internal surface of the 90-degree AW119MKII helicopters with 90-degree 0411; or in person at Docket Operations TGB output shaft for corrosion. This TGB P/N 109–0440–06–101 or P/N 109– between 9 a.m. and 5 p.m., Monday service information also specifies 0440–06–105 having serial number 167, through Friday, except Federal holidays. replacing the TGB if corrosion is found. 169 through 172 inclusive, 215 through The AD docket contains this AD, the 225 inclusive, 227, 230, 232, 233, This service information is reasonably European Aviation Safety Agency (now AW268, K3, K16, M47, or L29, installed. available because the interested parties European Union Aviation Safety EASA advises of two reported have access to it through their normal Agency) (EASA) AD, any service occurrences of corrosion on the internal course of business or by the means information that is incorporated by surface of the 90-degree TGB shaft identified in the ADDRESSES section. reference, any comments received, and installed on Model A119 helicopters. other information. The street address for Costs of Compliance Further analysis identified a specific Docket Operations is U.S. Department of batch of parts that may be susceptible to The FAA estimates this AD affects 96 Transportation, Docket Operations, M– similar conditions. Due to design helicopters of U.S. Registry. The FAA 30, West Building Ground Floor, Room similarity, Model AW119MKII estimates that operators may incur the W12–140, 1200 New Jersey Avenue SE, helicopters are also affected. following costs in order to comply with Washington, DC 20590. this AD. Labor costs are estimated at $85 EASA states that this condition, if not FOR FURTHER INFORMATION CONTACT: Rao per work-hour. detected and corrected, could lead to Edupuganti, Aviation Safety Engineer, Borescope inspecting the 90-degree Regulations and Policy Section, failure of the tail rotor, possibly resulting in reduced control of the TGB output shaft takes about 3 work- Rotorcraft Standards Branch, FAA, hours for an estimated cost of $255 per 10101 Hillwood Pkwy., Fort Worth, TX helicopter. Accordingly, the EASA AD requires performing repetitive helicopter and $24,480 for the U.S. fleet 76177; telephone 817–222–5110; email per inspection cycle. [email protected]. endoscope inspections on the internal surface of the 90-degree TGB output Replacing a (overhauled) TGB takes SUPPLEMENTARY INFORMATION: shaft for corrosion and depending on about 18 work-hours and parts cost Discussion the findings, replacing the TGB. EASA about $49,000 (overhauled) for an The FAA issued a notice of proposed further states EASA AD 2018–0156 is estimated cost of $50,530 per helicopter. rulemaking (NPRM) to amend 14 CFR considered an interim action and further According to Leonardo’s service part 39 by adding an AD that would AD action may follow. information, some of the costs of this apply to Leonardo Model A119 and Comments proposed AD may be covered under AW119 MKII helicopters with 90-degree warranty, thereby reducing the cost TGB part number (P/N) 109–0440–06– The FAA gave the public the impact on affected individuals. The 101 or P/N 109–0440–06–105 having opportunity to participate in developing FAA does not control warranty coverage serial number 167, 169 through 172 this AD, but the FAA did not receive by Leonardo. Accordingly, the FAA has inclusive, 215 through 225 inclusive, any comments on the NPRM. included all costs in the cost estimate.

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Authority for This Rulemaking 2020–19–11 Leonardo S.p.a.: Amendment European Union Aviation Safety Agency) 39–21254; Docket No. FAA–2020–0411; (EASA) AD No. 2018–0156, dated July 24, Title 49 of the United States Code Product Identifier 2018–SW–061–AD. 2018. You may view the EASA AD on the specifies the FAA’s authority to issue internet at https://www.regulations.gov in (a) Applicability rules on aviation safety. Subtitle I, Docket No. FAA–2020–0411. section 106, describes the authority of This AD applies to Leonardo S.p.a. Model (h) Subject the FAA Administrator. Subtitle VII: A119 and AW119 MKII helicopters, Aviation Programs, describes in more certificated in any category, with 90-degree Joint Aircraft Service Component (JASC) tail rotor gearbox (TGB) part number (P/N) Code: 62 Tail Rotor Gearbox. detail the scope of the Agency’s 109–0440–06–101 or 109–0440–06–105 authority. having serial number 167, 169 through 172 (i) Material Incorporated by Reference The FAA is issuing this rulemaking inclusive, 215 through 225 inclusive, 227, (1) The Director of the Federal Register under the authority described in 230, 232, 233, AW268, K3, K16, M47, or L29, approved the incorporation by reference of Subtitle VII, Part A, Subpart III, Section installed. the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR 44701: General requirements. Under (b) Unsafe Condition that section, Congress charges the FAA part 51. with promoting safe flight of civil This AD defines the unsafe condition as (2) You must use this service information corrosion on the internal surface of the 90- aircraft in air commerce by prescribing as applicable to do the actions required by degree TGB output shaft. This condition this AD, unless the AD specifies otherwise. regulations for practices, methods, and could result in failure of the 90-degree TGB (i) Leonardo Helicopters Alert Service procedures the Administrator finds output shaft and reduced control of the Bulletin No. 119–090, dated July 23, 2018. necessary for safety in air commerce. helicopter. (ii) [Reserved] This regulation is within the scope of (c) Effective Date (3) For service information identified in that authority because it addresses an this AD, contact Leonardo S.p.a. Helicopters, This AD becomes effective October 27, Emanuele Bufano, Head of Airworthiness, unsafe condition that is likely to exist or 2020. develop on helicopters identified in this Viale G. Agusta 520, 21017 C. Costa di rulemaking action. (d) Compliance Samarate (Va) Italy; telephone +39–0331– 225074; fax +39–0331–229046; or at https:// You are responsible for performing each www.leonardocompany.com/en/home. Regulatory Findings action required by this AD within the (4) You may view this service information specified compliance time unless it has This AD will not have federalism at the FAA, Office of the Regional Counsel, already been accomplished prior to that time. implications under Executive Order Southwest Region, 10101 Hillwood Pkwy., 13132. This AD will not have a (e) Required Actions Room 6N–321, Fort Worth, TX 76177. For substantial direct effect on the States, on (1) Within 25 hours time-in-service (TIS) or information on the availability of this the relationship between the national 3 months, whichever occurs first, and material at the FAA, call 817–222–5110. government and the States, or on the thereafter at intervals not to exceed 100 hours (5) You may view this service information distribution of power and TIS or 6 months, whichever occurs first, that is incorporated by reference at the responsibilities among the various borescope inspect the entire internal surface National Archives and Records levels of government. of the 90-degree TGB output shaft for Administration (NARA). For information on corrosion. Refer to Figure 3 of Leonardo the availability of this material at NARA, For the reasons discussed above, I email [email protected], or go to: https:// certify that this AD: Helicopters Alert Service Bulletin No. 119– 090, dated July 23, 2018, for a depiction of www.archives.gov/federal-register/cfr/ibr- (1) Is not a ‘‘significant regulatory the entry point for the borescope. If there is locations.html. action’’ under Executive Order 12866, corrosion, before further flight, remove from Issued on September 9, 2020. (2) Will not affect intrastate aviation service the TGB. in Alaska, and (2) After the effective date of this AD, do Lance T. Gant, (3) Will not have a significant not install on any helicopter any 90-degree Director, Compliance & Airworthiness economic impact, positive or negative, TGB P/N 109–0440–06–101 or 109–0440–06– Division, Aircraft Certification Service. on a substantial number of small entities 105 that has serial number 167, 169 through [FR Doc. 2020–20750 Filed 9–21–20; 8:45 am] under the criteria of the Regulatory 172 inclusive, 215 through 225 inclusive, BILLING CODE 4910–13–P Flexibility Act. 227, 230, 232, 233, AW268, K3, K16, M47, or L29, unless the actions required by paragraph List of Subjects in 14 CFR Part 39 (e)(1) of this AD have been done. DEPARTMENT OF TRANSPORTATION Air transportation, Aircraft, Aviation (f) Alternative Methods of Compliance safety, Incorporation by reference, (AMOCs) Federal Aviation Administration Safety. (1) The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs for this 14 CFR Part 39 Adoption of the Amendment AD. Send your proposal to: Rao Edupuganti, [Docket No. FAA–2020–0328; Product Accordingly, under the authority Aviation Safety Engineer, Regulations and Policy Section, Rotorcraft Standards Branch, Identifier 2020–NM–030–AD; Amendment delegated to me by the Administrator, 39–21244; AD 2020–19–03] the FAA amends 14 CFR part 39 as FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email 9- RIN 2120–AA64 follows: [email protected]. (2) For operations conducted under a 14 PART 39—AIRWORTHINESS Airworthiness Directives; Airbus SAS CFR part 119 operating certificate or under Airplanes DIRECTIVES 14 CFR part 91, subpart K, the FAA suggests that you notify your principal inspector, or AGENCY: Federal Aviation ■ 1. The authority citation for part 39 lacking a principal inspector, the manager of Administration (FAA), Department of continues to read as follows: the local flight standards district office or Transportation (DOT). Authority: 49 U.S.C. 106(g), 40113, 44701. certificate holding district office, before operating any aircraft complying with this ACTION: Final rule. AD through an AMOC. § 39.13 [Amended] SUMMARY: The FAA is adopting a new ■ 2. The FAA amends § 39.13 by adding (g) Additional Information airworthiness directive (AD) for certain the following new airworthiness The subject of this AD is addressed in Airbus SAS Model A318 series directive (AD): European Aviation Safety Agency (now airplanes; Model A319–111, –112, –113,

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–114, –115, –131, –132, and –133 FOR FURTHER INFORMATION CONTACT: this final rule. The following presents airplanes; Model A320–211, –212, –214, Sanjay Ralhan, Aerospace Engineer, the comment received on the NPRM and –216, –231, –232, and –233 airplanes; Large Aircraft Section, International the FAA’s response to each comment. and Model A321–111, –112, –131, –211, Validation Branch, FAA, 2200 South Request To Clarify Impact on 216th St., Des Moines, WA 98198; –212, –213, –231, and –232 airplanes. Operator’s Maintenance Program This AD was prompted by reports of telephone and fax 206–231–3223; email crack findings in and around the [email protected]. Delta Air Lines, Inc. (DAL) asked that fastener holes of the central and lateral SUPPLEMENTARY INFORMATION: the FAA include a statement that the window frame upper junction; those proposed AD affects and is related to Discussion cracks were found on fastener holes AD 2019–23–01, Amendment 39–19794 outside of the inspection area specified The EASA, which is the Technical (84 FR 66579, December 5, 2019) (‘‘AD in a certain airworthiness limitation Agent for the Member States of the 2019–23–01’’), and could impact an item (ALI) task. This AD requires European Union, has issued EASA AD operator’s maintenance program. DAL repetitive inspections of the upper 2020–0019, dated February 5, 2020 stated that the procedures specified in junction fastener holes at the lateral (‘‘EASA AD 2020–0019’’) (also referred Airbus Service Bulletins A320–53–1448 window frame for cracking; and for to as the Mandatory Continuing and A320–53–1449, both dated August certain airplanes, repetitive inspections Airworthiness Information, or ‘‘the 5, 2019 (referred to in EASA AD 2020– of the spotface around the fastener holes MCAI’’), to correct an unsafe condition 0019), cancel and replace Airworthiness for cracking; and corrective actions if for certain Airbus SAS Model A318– Limitation Item (ALI) Task 531125, necessary; as specified in a European 111, –112, –121, and –122 airplanes; dated October 11, 2019, which is Union Aviation Safety Agency (EASA) Model A319–111, –112, –113, –114, required in Airworthiness Limitations AD, which is incorporated by reference. –115, –131, –132, and –133 airplanes; Section (ALS) part 2, revision 7. DAL The FAA is issuing this AD to address Model A320–211, –212, –214, –215, added that FAA Global Alternative the unsafe condition on these products. –216, –231, –232, and –233 airplanes; Method of Compliance (AMOC) AIR– and Model A321–111, –112, –131, –211, 676–20–138, dated April 4, 2020, DATES: This AD is effective October 27, –212, –213, –231, and –232 airplanes. approved ALS part 2, revision 8, which 2020. Model A320–215 airplanes are not removes ALI Task 531125. DAL noted The Director of the Federal Register certificated by the FAA and are not that, for operators that have approved the incorporation by reference included on the U.S. type certificate incorporated revision 8 prior to issuance of a certain publication listed in this AD data sheet; therefore, this AD does not of the proposed AD, there would be a as of October 27, 2020. include those airplanes in the potential gap in tracking, and that applicability. adding the requested statement would ADDRESSES: For the material The FAA issued a notice of proposed bring awareness to the relationship incorporated by reference (IBR) in this rulemaking (NPRM) to amend 14 CFR between the specified service AD, contact the EASA, Konrad- part 39 by adding an AD that would information, MCAI, affected ADs and Adenauer-Ufer 3, 50668 Cologne, apply to certain Airbus SAS Model ALI task. Germany; telephone +49 221 8999 000; A318–111, –112, –121, and –122 The FAA acknowledges the email [email protected]; internet airplanes; Model A319–111, –112, –113, commenter’s concern, and provides the www.easa.europa.eu. You may find this –114, –115, –131, –132, and –133 following clarification: AD 2019–23–01 IBR material on the EASA website at airplanes; Model A320–211, –212, –214, does not mandate incorporation of ALS https://ad.easa.europa.eu. You may –215, –216, –231, –232, and –233 part 2, revision 08, in the operator’s view this IBR material at the FAA, airplanes; and Model A321–111, –112, maintenance or inspection program. In Airworthiness Products Section, –131, –211, –212, –213, –231, and –232 addition, ALI Task 531125 was removed Operational Safety Branch, 2200 South airplanes. The NPRM published in the from ALS part 2, revision 8, for specific 216th St., Des Moines, WA. For Federal Register on April 10, 2020 (85 model airplanes with specific information on the availability of this FR 20213). The NPRM was prompted by configurations. The FAA has no way to material at the FAA, call 206–231–3195. reports of crack findings in and around ascertain the impact on an individual It is also available in the AD docket on the fastener holes of the central and operator’s maintenance program and the internet at https:// lateral window frame upper junction; customize the AD requirements in www.regulations.gov by searching for those cracks were found on fastener accordance with DAL’s maintenance or and locating Docket No. FAA–2020– holes outside of the inspection area inspection program. However, under the 0328. specified in a certain ALI task. The provisions of paragraph (i) of this AD, Examining the AD Docket NPRM proposed to require repetitive the FAA will consider requests for inspections of the upper junction approval of an AMOC if an operator’s You may examine the AD docket on fastener holes at the lateral window maintenance program is adversely the internet at https:// frame for cracking; and for certain affected by the requirements of this AD, www.regulations.gov by searching for airplanes, repetitive inspections of the if sufficient data are submitted to and locating Docket No. FAA–2020– spotface around the fastener holes for substantiate that fact and that show the 0328; or in person at Docket Operations cracking; and corrective actions if method used adequately addresses the between 9 a.m. and 5 p.m., Monday necessary; as specified in an EASA AD. unsafe condition identified in this AD. through Friday, except Federal holidays. The FAA is issuing this AD to address The FAA has not changed this AD The AD docket contains this final rule, such cracking, which could result in regarding this issue. any comments received, and other reduced structural integrity of the Conclusion information. The address for Docket airplane. See the MCAI for additional Operations is U.S. Department of background information. The FAA reviewed the relevant data, Transportation, Docket Operations, M– considered the comment received, and 30, West Building Ground Floor, Room Comments determined that air safety and the W12–140, 1200 New Jersey Avenue SE, The FAA gave the public the public interest require adopting this Washington, DC 20590. opportunity to participate in developing final rule as proposed, except for minor

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editorial changes. The FAA has Related IBR Material Under 1 CFR Part reasonably available because the determined that these minor changes: 51 interested parties have access to it • through their normal course of business Are consistent with the intent that EASA AD 2020–0019 describes was proposed in the NPRM for or by the means identified in the procedures for repetitive inspections of ADDRESSES section. addressing the unsafe condition; and the upper junction fastener holes at the • Do not add any additional burden lateral window frame for cracking, Costs of Compliance upon the public than was already repetitive inspections of the spotface The FAA estimates that this AD proposed in the NPRM. around the fastener holes for cracking, affects 938 airplanes of U.S. registry. and corrective actions. Corrective The FAA estimates the following costs actions include repair. This material is to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

4 work-hours × $85 per hour = $340 ...... $0 $340 $318,920

The FAA has received no definitive under the criteria of the Regulatory (d) Subject data that will enable the FAA to provide Flexibility Act. Air Transport Association (ATA) of cost estimates for the on-condition America Code 53, Fuselage. List of Subjects in 14 CFR Part 39 actions specified in this AD. (e) Reason Air transportation, Aircraft, Aviation Authority for This Rulemaking safety, Incorporation by reference, This AD was prompted by reports of crack findings in and around the fastener holes of Title 49 of the United States Code Safety. specifies the FAA’s authority to issue the central and lateral window frame upper Adoption of the Amendment junction; those cracks were found on fastener rules on aviation safety. Subtitle I, holes outside of the inspection area specified section 106, describes the authority of Accordingly, under the authority in a certain airworthiness limitation item the FAA Administrator. Subtitle VII: delegated to me by the Administrator, (ALI) task. The FAA is issuing this AD to Aviation Programs, describes in more the FAA amends 14 CFR part 39 as address such cracking, which could result in detail the scope of the Agency’s follows: reduced structural integrity of the airplane. authority. (f) Compliance The FAA is issuing this rulemaking PART 39—AIRWORTHINESS under the authority described in DIRECTIVES Comply with this AD within the Subtitle VII, Part A, Subpart III, Section compliance times specified, unless already done. 44701: General requirements. Under ■ 1. The authority citation for part 39 that section, Congress charges the FAA continues to read as follows: (g) Requirements with promoting safe flight of civil Authority: 49 U.S.C. 106(g), 40113, 44701. Except as specified in paragraph (h) of this aircraft in air commerce by prescribing AD: Comply with all required actions and regulations for practices, methods, and § 39.13 [Amended] compliance times specified in, and in accordance with, EASA AD 2020–0019. procedures the Administrator finds ■ 2. The FAA amends § 39.13 by adding necessary for safety in air commerce. the following new airworthiness (h) Exceptions to EASA AD 2020–0019 This regulation is within the scope of directive (AD): (1) Where EASA AD 2020–0019 refers to its that authority because it addresses an 2020–19–03 Airbus SAS: Amendment 39– effective date, this AD requires using the unsafe condition that is likely to exist or effective date of this AD. develop on products identified in this 21244; Docket No. FAA–2020–0328; Product Identifier 2020–NM–030–AD. (2) The ‘‘Remarks’’ section of EASA AD rulemaking action. 2020–0019 does not apply to this AD. (a) Effective Date Regulatory Findings (i) Other FAA AD Provisions This AD is effective October 27, 2020. This AD will not have federalism The following provisions also apply to this implications under Executive Order (b) Affected ADs AD: 13132. This AD will not have a None. (1) Alternative Methods of Compliance substantial direct effect on the States, on (AMOCs): The Manager, Large Aircraft (c) Applicability Section, International Validation Branch, the relationship between the national This AD applies to the Airbus SAS FAA, has the authority to approve AMOCs government and the States, or on the airplanes specified in paragraphs (c)(1) for this AD, if requested using the procedures distribution of power and through (4) of this AD, certificated in any found in 14 CFR 39.19. In accordance with responsibilities among the various category, as identified in European Union 14 CFR 39.19, send your request to your levels of government. Aviation Safety Agency (EASA) AD 2020– principal inspector or local Flight Standards For the reasons discussed above, I 0019, dated February 5, 2020 (‘‘EASA AD District Office, as appropriate. If sending certify that this AD: 2020–0019’’). information directly to the Large Aircraft (1) Is not a ‘‘significant regulatory (1) Model A318–111, –112, –121, and –122 Section, International Validation Branch, action’’ under Executive Order 12866, airplanes. send it to the attention of the person (2) Model A319–111, –112, –113, –114, identified in paragraph (j) of this AD. (2) Will not affect intrastate aviation –115, –131, –132, and –133 airplanes. Information may be emailed to: 9-AVS-AIR- in Alaska, and (3) Model A320–211, –212, –214, –216, [email protected]. Before using any (3) Will not have a significant –231, –232, and –233 airplanes. approved AMOC, notify your appropriate economic impact, positive or negative, (4) Model A321–111, –112, –131, –211, principal inspector, or lacking a principal on a substantial number of small entities –212, –213, –231, and –232 airplanes. inspector, the manager of the local flight

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standards district office/certificate holding Issued on September 1, 2020. between 9 a.m. and 5 p.m., Monday district office. Gaetano A. Sciortino, through Friday, except Federal holidays. (2) Contacting the Manufacturer: For any Deputy Director for Strategic Initiatives, The AD docket contains this final rule, requirement in this AD to obtain instructions Compliance & Airworthiness Division, from a manufacturer, the instructions must any comments received, and other Aircraft Certification Service. be accomplished using a method approved information. The street address for by the Manager, Large Aircraft Section, [FR Doc. 2020–20826 Filed 9–21–20; 8:45 am] Docket Operations is listed above. International Validation Branch, FAA; or BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: EASA; or Airbus SAS’s EASA Design Kristi Bradley, Aviation Safety Engineer, Organization Approval (DOA). If approved by International Validation Branch, the DOA, the approval must include the DEPARTMENT OF TRANSPORTATION DOA-authorized signature. General Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort (3) Required for Compliance (RC): For any Federal Aviation Administration service information referenced in EASA AD Worth, TX 76177; telephone 817–222– 5110; email [email protected]. 2020–0019 that contains RC procedures and 14 CFR Part 39 tests: Except as required by paragraph (i)(2) SUPPLEMENTARY INFORMATION: of this AD, RC procedures and tests must be [Docket No. FAA–2020–0460; Product done to comply with this AD; any procedures Identifier 2018–SW–078–AD; Amendment Discussion or tests that are not identified as RC are 39–21252; AD 2020–19–09] The FAA issued a notice of proposed recommended. Those procedures and tests that are not identified as RC may be deviated RIN 2120–AA64 rulemaking (NPRM) to amend 14 CFR from using accepted methods in accordance part 39 by adding an AD that would with the operator’s maintenance or Airworthiness Directives; Leonardo apply to all Leonardo S.p.A. Model inspection program without obtaining S.p.A. Helicopters AW169 helicopters and certain approval of an AMOC, provided the Leonardo S.p.A. Model AW189 procedures and tests identified as RC can be AGENCY: Federal Aviation helicopters. The NPRM published in the done and the airplane can be put back in an Administration (FAA), Department of Federal Register on June 3, 2020 (85 FR airworthy condition. Any substitutions or Transportation (DOT). 34139). The NPRM was prompted by a changes to procedures or tests identified as RC require approval of an AMOC. ACTION: Final rule. report of a broken extrusion rubber window seal, part number (P/N) (j) Related Information SUMMARY: The FAA is adopting a new A417AF001WB. The NPRM proposed to For more information about this AD, airworthiness directive (AD) for all require installation of a reinforcement contact Sanjay Ralhan, Aerospace Engineer, Leonardo S.p.A. Model AW169 around the rubber filler wedge where Large Aircraft Section, International helicopters and certain Leonardo S.p.A the extrusion rubber window seal meets Validation Branch, FAA, 2200 South 216th Model AW189 helicopters. This AD was the door’s emergency exit handle. The St., Des Moines, WA 98198; telephone and prompted by a report of a broken FAA is issuing this AD to address fax 206–231–3223; email sanjay.ralhan@ extrusion rubber window seal. This AD faa.gov. broken extrusion rubber window seals, requires installation of a reinforcement which could result in an excessive load (k) Material Incorporated by Reference around the rubber filler wedge where required to release the emergency exit (1) The Director of the Federal Register the extrusion rubber window seal meets window, possibly resulting in delayed approved the incorporation by reference the door’s emergency exit handle. The evacuation of helicopter occupants (IBR) of the service information listed in this FAA is issuing this AD to address the during an emergency. paragraph under 5 U.S.C. 552(a) and 1 CFR unsafe condition on these products. part 51. The European Aviation Safety Agency DATES: (2) You must use this service information This AD is effective October 27, (now European Union Aviation Safety as applicable to do the actions required by 2020. Agency) (EASA), which is the Technical this AD, unless this AD specifies otherwise. The Director of the Federal Register Agent for the Member States of the (i) European Union Aviation Safety Agency approved the incorporation by reference European Union, issued EASA AD (EASA) AD 2020–0019, dated February 5, of certain publications listed in this AD 2018–0197, dated September 5, 2018 2020. as of October 27, 2020. (referred to after this as the Mandatory (ii) [Reserved] ADDRESSES: Continuing Airworthiness Information, (3) For information about EASA AD 2020– For service information 0019, contact the EASA, Konrad-Adenauer- identified in this final rule, contact or ‘‘the MCAI’’), to correct an unsafe Ufer 3, 50668 Cologne, Germany; telephone Leonardo S.p.A. Helicopters, Emanuele condition for all Leonardo S.p.A. Model +49 221 8999 000; email ADs@ Bufano, Head of Airworthiness, Viale G. AW169 helicopters and certain easa.europa.eu; internet Agusta 520, 21017 C. Costa di Samarate Leonardo S.p.A. Model AW189 www.easa.europa.eu. You may find this (Va) Italy; telephone +39–0331–225074; helicopters. EASA advises of a broken EASA AD on the EASA website at https:// fax +39–0331–229046; or at https:// extrusion rubber window seal, P/N ad.easa.europa.eu. www.leonardocompany.com/en/home. A417AF001WB. According to EASA, an (4) You may view this material at the FAA, investigation determined that the Airworthiness Products Section, Operational You may view this service information Safety Branch, 2200 South 216th St., Des at the FAA, Office of the Regional damage to the rubber filler wedge of the Moines, WA. For information on the Counsel, Southwest Region, 10101 rubber window seal could have been availability of this material at the FAA, call Hillwood Pkwy., Room 6N–321, Fort caused by the excessive tension of the 206–231–3195. This material may be found Worth, TX 76177. For information on string applied during the installation of in the AD docket on the internet at https:// the availability of this material at the an affected emergency exit handle. www.regulations.gov by searching for and FAA, call 817–222–5110. EASA advises that this condition, if not locating Docket No. FAA–2020–0328. corrected, could result in an excessive (5) You may view this material that is Examining the AD Docket load to release the emergency exit incorporated by reference at the National Archives and Records Administration You may examine the AD docket on window, possibly resulting in delayed (NARA). For information on the availability the internet at https:// evacuation of helicopter occupants of this material at NARA, email fedreg.legal@ www.regulations.gov by searching for during an emergency. EASA states that, nara.gov, or go to: https://www.archives.gov/ and locating Docket No. FAA–2020– due to design similarities, the same federal-register/cfr/ibr-locations.html. 0460; or in person at Docket Operations unsafe condition could exist or develop

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on certain Model AW189 helicopters. Conclusion 2018. This service information describes To correct this condition, EASA AD The FAA reviewed the relevant data procedures for installation of a 2018–0197 requires installation of a and determined that air safety and the reinforcement around the rubber filler reinforcement around the rubber filler public interest require adopting this wedge where the extrusion rubber wedge where the extrusion rubber final rule as proposed, except for minor window seal meets the door’s window seal meets the door’s editorial changes. The FAA has emergency exit handle. These emergency exit handle. You may determined that these minor changes: documents are distinct since they apply examine the MCAI in the AD docket on • Are consistent with the intent that to different aircraft models. This service the internet at https:// was proposed in the NPRM for information is reasonably available www.regulations.gov by searching for addressing the unsafe condition; and because the interested parties have • and locating Docket No. FAA–2020– Do not add any additional burden access to it through their normal course 0460. upon the public than was already of business or by the means identified proposed in the NPRM. in the ADDRESSES section. Comments Related Service Information Under 1 Costs of Compliance The FAA gave the public the CFR Part 51 opportunity to participate in developing Leonardo Helicopters has issued Alert The FAA estimates that this AD this final rule. The FAA received no Service Bulletin 169–094, Revision A, affects 10 helicopters of U.S. registry. comments on the NPRM or on the dated August 13, 2018; and Alert The FAA estimates the following costs determination of the cost to the public. Service Bulletin 189–170, dated July 25, to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 6 work-hours × $85 per hour = Up to $510 ...... $0 Up to $510 ...... Up to $5,100.

According to the manufacturer, some government and the States, or on the (a) Effective Date or all of the costs of this AD may be distribution of power and This AD is effective October 27, 2020. covered under warranty, thereby responsibilities among the various (b) Affected ADs reducing the cost impact on affected levels of government. individuals. The FAA does not control For the reasons discussed above, I None. warranty coverage for affected certify that this AD: (c) Applicability individuals. As a result, the FAA has (1) Is not a ‘‘significant regulatory This AD applies to the Leonardo S.p.A. included all known costs in this cost action’’ under Executive Order 12866, helicopters identified in paragraphs (c)(1) estimate. (2) Will not affect intrastate aviation and (2) of this AD, certificated in any in Alaska, and Authority for This Rulemaking category, equipped with an affected part (3) Will not have a significant defined as internal emergency exit handle, Title 49 of the United States Code economic impact, positive or negative, part number (P/N) 8G9500L00151, and specifies the FAA’s authority to issue on a substantial number of small entities external emergency exit handle, P/N rules on aviation safety. Subtitle I, under the criteria of the Regulatory 8G9500L00251. section 106, describes the authority of Flexibility Act. (1) Model AW169 helicopters, all serial the FAA Administrator. Subtitle VII: numbers. Aviation Programs, describes in more List of Subjects in 14 CFR Part 39 (2) Model AW189 helicopters, all serial detail the scope of the Agency’s Air transportation, Aircraft, Aviation numbers, except those helicopters with emergency exit windows equipped with strap safety, Incorporation by reference, authority. P/N A487A003A, or helicopters with bubble The FAA is issuing this rulemaking Safety. windows P/N 8G5620F00112. under the authority described in Adoption of the Amendment Subtitle VII, Part A, Subpart III, Section (d) Subject 44701: General requirements. Under Accordingly, under the authority Joint Aircraft Service Component (JASC) that section, Congress charges the FAA delegated to me by the Administrator, Code 5600, Window/windshield system. with promoting safe flight of civil the FAA amends 14 CFR part 39 as (e) Reason aircraft in air commerce by prescribing follows: This AD was prompted by a report of a regulations for practices, methods, and broken extrusion rubber window seal; an procedures the Administrator finds PART 39—AIRWORTHINESS DIRECTIVES investigation found the likely cause was necessary for safety in air commerce. excessive tension of the string applied during This regulation is within the scope of ■ 1. The authority citation for part 39 the installation of an affected emergency exit that authority because it addresses an handle. The FAA is issuing this AD to continues to read as follows: unsafe condition that is likely to exist or address this condition, which, if not develop on products identified in this Authority: 49 U.S.C. 106(g), 40113, 44701. addressed, could result in an excessive load rulemaking action. required to release the emergency exit § 39.13 [Amended] window, possibly resulting in delayed Regulatory Findings ■ 2. The FAA amends § 39.13 by adding evacuation of helicopter occupants during an This AD will not have federalism the following new airworthiness emergency. implications under Executive Order directive (AD): (f) Compliance 13132. This AD will not have a 2020–19–09 Leonardo S.p.A.: Amendment Comply with this AD within the substantial direct effect on the States, on 39–21252; Docket No. FAA–2020–0460; compliance times specified, unless already the relationship between the national Product Identifier 2018–SW–078–AD. done.

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(g) Modification 2018. This EASA AD may be found in the AD ACTION: Final rule. (1) For Leonardo S.p.A. Model AW169 docket on the internet at https:// helicopters equipped with a passenger www.regulations.gov by searching for and SUMMARY: The FAA is adopting a new sliding door configuration, cabin main locating Docket No. FAA–2020–0460. airworthiness directive (AD) for assembly P/N 6F5330A00131 or P/N (2) For more information about this AD, Leonardo S.p.a. Model AW169 6F5330A00132: Within 750 hours time-in- contact Kristi Bradley, Aviation Safety helicopters. This AD requires modifying service (TIS) or 24 months, whichever occurs Engineer, International Validation Branch, General Aviation & Rotorcraft Unit, FAA, the weight on wheels (WoW) support first after the effective date of this AD, install installation on the main landing gear the retro-modification P/N 6F5600P00111 on 10101 Hillwood Pkwy., Fort Worth, TX the rubber filler wedge of all affected 76177; telephone 817–222–5110; email (MLG). This AD was prompted by a emergency exit handles, in accordance with [email protected]. report that an inappropriately tightened WoW support could result in a rotation Part I, Steps 1 through 8 of the (j) Material Incorporated by Reference Accomplishment Instructions of Leonardo of the support and improper WoW Helicopters Alert Service Bulletin 169–094, (1) The Director of the Federal Register switch performance. The actions of this Revision A, dated August 13, 2018, except approved the incorporation by reference AD are intended to address an unsafe (IBR) of the service information listed in this you are required to replace the affected condition on these products. emergency exit handles and are not required paragraph under 5 U.S.C. 552(a) and 1 CFR to discard the filler wedges. part 51. DATES: This AD is effective October 27, (2) For Leonardo S.p.A. Model AW169 (2) You must use this service information 2020. helicopters equipped with a passenger as applicable to do the actions required by The Director of the Federal Register hinged door configuration, cabin main this AD, unless this AD specifies otherwise. approved the incorporation by reference assembly VIP P/N 6F5330A00831: Within (i) Leonardo Helicopters Alert Service of a certain document listed in this AD Bulletin 169–094, Revision A, dated August 750 hours TIS or 24 months, whichever as of October 27, 2020. occurs first after the effective date of this AD, 13, 2018. install the retro-modification P/N (ii) Leonardo Helicopters Alert Service ADDRESSES: For service information 6F5600P00111 on the rubber filler wedge of Bulletin 189–170, dated July 25, 2018. identified in this final rule, contact all affected emergency exit handles, in (3) For service information identified in Leonardo S.p.a. Helicopters, Emanuele accordance with Part II, Steps 1 through 6 of this AD, contact Leonardo S.p.A. Helicopters, Bufano, Head of Airworthiness, Viale G. the Accomplishment Instructions of Emanuele Bufano, Head of Airworthiness, Agusta 520, 21017 C. Costa di Samarate Viale G. Agusta 520, 21017 C. Costa di Leonardo Helicopters Alert Service Bulletin (Va) Italy; telephone +39–0331–225074; 169–094, Revision A, dated August 13, 2018, Samarate (Va) Italy; telephone +39–0331– 225074; fax +39–0331–229046; or at https:// fax +39–0331–229046; or at https:// except you are required to replace the www.leonardocompany.com/en/home. affected emergency exit handles and are not www.leonardocompany.com/en/home. required to discard the filler wedges. (4) You may view this service information You may view the referenced service (3) For Leonardo S.p.A. Model AW189 at the FAA, Office of the Regional Counsel, information at the FAA, Office of the helicopters: Within 750 hours TIS or 24 Southwest Region, 10101 Hillwood Pkwy., Regional Counsel, Southwest Region, months, whichever occurs first after the Room 6N–321, Fort Worth, TX 76177. For 10101 Hillwood Pkwy., Room 6N–321, effective date of this AD, install the retro- information on the availability of this Fort Worth, TX 76177. It is also modification P/N 8G5600P00211 on the material at the FAA, call 817–222–5110. available on the internet at https:// (5) You may view this service information rubber filler wedge of all affected emergency www.regulations.gov by searching for exit handles, in accordance with Steps 1 that is incorporated by reference at the National Archives and Records and locating Docket No. FAA–2020– through 11 of the Accomplishment 0258. Instructions of Leonardo Helicopters Alert Administration (NARA). For information on Service Bulletin 189–170, dated July 25, the availability of this material at NARA, Examining the AD Docket 2018, except you are required to replace the email [email protected], or go to: https:// affected emergency exit handles and are not www.archives.gov/federal-register/cfr/ibr- You may examine the AD docket on required to discard the filler wedges. locations.html. the internet at https:// www.regulations.gov in Docket No. (h) Alternative Methods of Compliance Issued on September 9, 2020. (AMOCs) Lance T. Gant, FAA–2020–0258; or in person at Docket Director, Compliance & Airworthiness Operations between 9 a.m. and 5 p.m., (1) The Manager, International Validation Monday through Friday, except Federal Branch, FAA, may approve AMOCs for this Division, Aircraft Certification Service. AD. Send your proposal to: Kristi Bradley, [FR Doc. 2020–20764 Filed 9–21–20; 8:45 am] holidays. The AD docket contains this Aviation Safety Engineer, International BILLING CODE 4910–13–P AD, the European Aviation Safety Validation Branch, General Aviation & Agency (now European Union Aviation Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Safety Agency) (EASA) AD, any Fort Worth, TX 76177; telephone 817–222– DEPARTMENT OF TRANSPORTATION comments received, and other 5110; email 9-ASW-FTW-AMOC-Requests@ information. The street address for faa.gov. Federal Aviation Administration Docket Operations is U.S. Department of (2) For operations conducted under a 14 Transportation, Docket Operations, M– CFR part 119 operating certificate or under 14 CFR Part 39 30, West Building Ground Floor, Room 14 CFR part 91, subpart K, notify your W12–140, 1200 New Jersey Avenue SE, principal inspector or lacking a principal [Docket No. FAA–2020–0258; Product inspector, the manager of the local flight Identifier 2018–SW–002–AD; Amendment Washington, DC 20590. standards district office or certificate holding 39–21250; AD 2020–19–07] FOR FURTHER INFORMATION CONTACT: Matt district office, before operating any aircraft Fuller, AD Program Manager, Continued complying with this AD through an AMOC. RIN 2120–AA64 Operational Safety Branch, (i) Related Information Airworthiness Directives; Leonardo Airworthiness Products Section, (1) The subject of this AD is addressed in S.p.a. Helicopters General Aviation and Rotorcraft Unit, European Aviation Safety Agency (now 10101 Hillwood Pkwy., Fort Worth, TX European Union Aviation Safety Agency) AGENCY: Federal Aviation 76177; telephone 817–222–5110; email (EASA) AD 2018–0197, dated September 5, Administration (FAA), DOT. [email protected].

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SUPPLEMENTARY INFORMATION: a rotation of this support and improper Costs of Compliance WoW switch performance. EASA Discussion advises this condition, if not corrected, The FAA estimates that this AD The FAA issued a notice of proposed could result in degraded attitude affects 3 helicopters of U.S. Registry. rulemaking (NPRM) to amend 14 CFR stabilization, possibly resulting in The FAA estimates that operators may part 39 by adding an AD that would reduced control of the helicopter. incur the following costs in order to apply to Leonardo S.p.A. Model AW169 Accordingly, the EASA AD requires comply with this AD. Labor costs are helicopters with left-hand (LH) main modification of the WoW support estimated at $85 per work-hour. landing gear (MLG) assembly, part installation by introducing structural Performing the short circuit number (P/N) 6F3210V00132 or P/N glue between the WoW support and the connection, removing the WoW support 6F3210V00133, with serial number (S/ main fitting of the MLG. from the MLG, removing any paint and N) MN01 through MN84 inclusive, or Additionally, the FAA updated the cleaning areas, applying Alodine and a right-hand (RH) MLG assembly, P/N name Leonardo S.p.A. Helicopters to 10mm strip of structural glue, curing the 6F3210V00232 or P/N 6F3210V00233, Leonardo S.p.a. Helicopters in this final glue, torqueing the nut, performing a with S/N MN01 to MN81, installed. The rule and updated the contact microswitch adjustment, and marking NPRM published in the Federal information to obtain service the MLG nameplate takes about 8 work- Register on March 16, 2020 (85 FR documentation. hours and parts cost about $10 for an 14807). The NPRM proposed to require estimated cost of $690 per helicopter within 60 hours time-in-service (TIS), Comments and $2,070 for the U.S. fleet. modifying the WoW support installation by: The FAA gave the public the Authority for This Rulemaking • Performing a short circuit opportunity to participate in developing connection between pin 26 of connector this AD, but the FAA did not receive Title 49 of the United States Code J343 and pin N of connector J319. any comments on the NPRM. specifies the FAA’s authority to issue • rules on aviation safety. Subtitle I, Cutting lockwire and disconnecting FAA’s Determination the WoW microswitch from the WoW section 106, describes the authority of support, removing from service nuts and These helicopters have been approved the FAA Administrator. Subtitle VII: bolts, and removing the WoW support by EASA and are approved for operation Aviation Programs, describes in more from the MLG. in the United States. Pursuant to the detail the scope of the Agency’s • Removing any paint, cleaning areas, FAA’s bilateral agreement with the authority. and applying Alodine 1132 on cleaned European Union, EASA has notified the The FAA is issuing this rulemaking surfaces. FAA of the unsafe condition described under the authority described in • Applying a 10 mm wide strip of in its AD. The FAA is issuing this AD Subtitle VII, Part A, Subpart III, Section structural glue EA934 on the WoW after evaluating all information 44701: General requirements. Under support, reinstalling the WoW support provided by EASA and determining the that section, Congress charges the FAA on the MLG, adding a specified torque unsafe condition exists and is likely to with promoting safe flight of civil to the nut, and cleaning off excess glue. exist or develop on other helicopters of aircraft in air commerce by prescribing • Curing the glue on the structures, these same type designs and that air regulations for practices, methods, and performing a microswitch adjustment safety and the public interest require procedures the Administrator finds inspection for correct operation of the adopting the AD requirements as necessary for safety in air commerce. microswitch, and marking the MLG proposed. This regulation is within the scope of nameplate by adding the letter ‘‘B’’ at that authority because it addresses an Differences Between This AD and the the end of the S/N. The NPRM also unsafe condition that is likely to exist or EASA AD proposed prohibiting installing an develop on helicopters identified in this affected LH or RH MLG assembly on any The EASA AD requires compliance rulemaking action. helicopter unless it has been modified within 60 hours TIS or 3 months, Regulatory Findings in accordance with the proposed AD whichever occurs first, while this AD requirements. requires compliance within 60 hours The NPRM was prompted by EASA This AD will not have federalism TIS. AD No. 2017–0255, dated December 22, implications under Executive Order 2017, issued by EASA, which is the Related Service Information Under 1 13132. This AD will not have a Technical Agent for the Member States CFR Part 51 substantial direct effect on the States, on of the European Union, to correct an the relationship between the national unsafe condition for Leonardo S.p.a. The FAA reviewed Leonardo government and the States, or on the Helicopters (formerly Finmeccanica Helicopters Alert Service Bulletin No. distribution of power and Helicopter Division, AgustaWestland) 169–047, Revision A, dated February 19, responsibilities among the various Model AW169 helicopters, with LH 2018, for Model AW169 helicopters. levels of government. MLG assembly P/N 6F3210V00132 or P/ This service information specifies a For the reasons discussed above, I N 6F3210V00133 and S/N MN01 to WoW support bonding procedure on in- certify that this AD: MN84 inclusive, and/or a RH MLG service helicopters by introducing structural glue between the WoW 1. Is not a ‘‘significant regulatory assembly P/N 6F3210V00232 or P/N action’’ under Executive Order 12866, 6F3210V00233 with S/N MN01 to support P/N G1019/20–91 and the main MN81 inclusive installed, except those fitting P/N G1019/20–MF 105 to prevent 2. Will not affect intrastate aviation in with an MLG modified per Magnaghi a potential rotation of the support. Alaska, and Aeronautica S.p.a. Service Bulletin SB– This service information is reasonably 3. Will not have a significant 07–2017–AW169. available because the interested parties economic impact, positive or negative, EASA advises that an in-service event have access to it through their normal on a substantial number of small entities revealed that an inappropriately course of business or by the means under the criteria of the Regulatory tightened WoW support could result in identified in the ADDRESSES section. Flexibility Act.

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List of Subjects in 14 CFR Part 39 Alert Service Bulletin No. 169–047, Revision (i) Material Incorporated by Reference A, dated February 19, 2018 (ASB 169–047). (1) The Director of the Federal Register Air transportation, Aircraft, Aviation (iii) Unscrew the nut and remove the safety, Incorporation by reference, approved the incorporation by reference of washer and bolt. Remove from service the the service information listed in this Safety. nut and bolt, but replace the washer. paragraph under 5 U.S.C. 552(a) and 1 CFR Adoption of the Amendment (iv) Remove the WoW support from the part 51. MLG and remove any paint and clean areas (2) You must use this service information Accordingly, under the authority where indicated by Figure 2 in ASB 169–047. as applicable to do the actions required by delegated to me by the Administrator, (v) Apply Alodine 1132 on cleaned areas this AD, unless the AD specifies otherwise. the FAA amends 14 CFR part 39 as of WoW support and landing gear strut (i) Leonardo Helicopters Alert Service *COM007*follows: leaving a 10 mm wide strip on the WoW Bulletin No. 169–047, Revision A, dated support for structural glue EA934 February 19, 2018. PART 39—AIRWORTHINESS application. (ii) [Reserved] DIRECTIVES (vi) Apply a 10 mm wide strip of structural (3) For Leonardo S.p.a. Helicopters service glue EA934 on the WoW support and install information identified in this AD, contact ■ 1. The authority citation for part 39 the WoW support on the MLG using a nut, Leonardo S.p.a. Helicopters, Emanuele continues to read as follows: bolt, and washer. Bufano, Head of Airworthiness, Viale G. (vii) Torque the nut to 2.5 thru 3.5 Nm. Agusta 520, 21017 C. Costa di Samarate (Va) Authority: 49 U.S.C. 106(g), 40113, 44701. Clean any excess glue and cure the glue on Italy; telephone +39–0331–225074; fax +39– ° ° 0331–229046; or at https:// § 39.13 [Amended] the structures for one hour at 60 C/140 F or eight days at room temperature (22 °C– www.leonardocompany.com/en/home. ■ 2. The FAA amends § 39.13 by adding 26 °C/71.6 °F–78.8 °F). (4) You may view this service information the following new airworthiness (viii) Apply liquid jointing compound at the FAA, Office of the Regional Counsel, AMS–S–8802 Type 2 Class B, or equivalent, Southwest Region, 10101 Hillwood Pkwy., directive (AD): Room 6N–321, Fort Worth, TX 76177. For to the bolt and nut, as depicted in Figure 3 2020–19–07 Leonardo S.p.a.: Amendment information on the availability of this of ASB 169–047 and perform a microswitch 39–21250; Docket No. FAA–2020–0258; material at the FAA, call 817–222–5110. adjustment for correct operation of the Product Identifier 2018–SW–002–AD. (5) You may view this service information microswitch. that is incorporated by reference at the (a) Applicability (ix) Mark the MLG nameplate by adding National Archives and Records This AD applies to Leonardo S.p.a. Model the letter ‘‘B’’ at the end of the S/N. Administration (NARA). For information on AW169 helicopters, certificated in any (x) Remove the short circuit connection the availability of this material at NARA, category, with left-hand (LH) main landing between pin 26 of connector J343 and pin N email [email protected], or go to: https:// gear (MLG) assembly, part number (P/N) of connector J319 as performed in paragraph www.archives.gov/federal-register/cfr/ibr- 6F3210V00132 or P/N 6F3210V00133, with (e)(1)(i) of this AD. locations.html. serial number (S/N) MN01 through MN84 (2) After the effective date of this AD, do inclusive, or right-hand (RH) MLG assembly, not install on any helicopter a LH or RH MLG Issued on September 9, 2020. P/N 6F3210V00232 or P/N 6F3210V00233, assembly with a P/N and S/N listed in Gaetano A. Sciortino, with S/N MN01 to MN81 inclusive, installed. paragraph (a) of this AD unless it has been Deputy Director for Strategic Initiatives, This AD does not apply to helicopters with modified in accordance with the Compliance & Airworthiness Division, an MLG that has been modified in requirements of paragraph (e)(1) of this AD. Aircraft Certification Service. accordance with Magnaghi Aeronautica [FR Doc. 2020–20748 Filed 9–21–20; 8:45 am] S.p.A. Service Bulletin No. SB–07–2017– (f) Alternative Methods of Compliance BILLING CODE 4910–13–P AW169, Issue 5, dated November 22, 2017. (AMOCs) This AD does not apply to MLG that have a (1) The Manager, Rotorcraft Standards ‘‘B’’ on the end of the serial number. Branch, FAA, may approve AMOCs for this DEPARTMENT OF TRANSPORTATION (b) Unsafe Condition AD. Send your proposal to: Matt Fuller, AD Program Manager, Continued Operational Federal Aviation Administration This AD defines the unsafe condition as an Safety Branch, Airworthiness Products improperly tightened weight on wheels Section, General Aviation and Rotorcraft 14 CFR Part 39 (WoW) support resulting in a rotation of the Unit, 10101 Hillwood Pkwy., Fort Worth, TX support and improper WoW switch 76177; telephone 817–222–5110; email 9- [Docket No. FAA–2020–0342; Product performance, which if not corrected could [email protected]. lead to degraded attitude stabilization, and Identifier 2019–SW–078–AD; Amendment (2) For operations conducted under a 14 subsequent loss of control of the helicopter. 39–21242; AD 2020–19–01] CFR part 119 operating certificate or under (c) Effective Date 14 CFR part 91, subpart K, the FAA suggests RIN 2120–AA64 that you notify your principal inspector, or This AD becomes effective October 27, Airworthiness Directives; Airbus 2020. lacking a principal inspector, the manager of the local flight standards district office or Helicopters Deutschland GmbH (d) Compliance certificate holding district office, before Helicopters You are responsible for performing each operating any aircraft complying with this action required by this AD within the AD through an AMOC. AGENCY: Federal Aviation specified compliance time unless it has Administration (FAA), Department of (g) Additional Information already been accomplished prior to that time. Transportation (DOT). The subject of this AD is addressed in ACTION: Final rule. (e) Required Actions European Aviation Safety Agency (now (1) Within 60 hours time-in-service, modify European Union Aviation Safety Agency) SUMMARY: The FAA is adopting a new the WoW support installation as follows: (EASA) No. 2017–0255, dated December 22, airworthiness directive (AD) for all (i) Perform a short circuit connection 2017. You may view the EASA AD on the Airbus Helicopters Deutschland GmbH between pin 26 of connector J343 and pin N internet at https://www.regulations.gov in Model MBB–BK 117 D–2 helicopters. of connector J319. Docket No. FAA–2020–0258. (ii) Cut the lockwire that locks the WoW This AD was prompted by a report of an microswitch and disconnect the WoW (h) Subject erroneous low rotor revolutions per microswitch from the WoW support as Joint Aircraft Service Component (JASC) minute (RPM) indication after depicted in Figure 1 of Leonardo Helicopters Code: 3200, Landing Gear System. establishing a one engine inoperative

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(OEI) condition. This AD requires a FOR FURTHER INFORMATION CONTACT: this final rule. The FAA received no software (SW) modification for the George Schwab, Aviation Safety comments on the NPRM or on the aircraft management computer (AMC). Engineer, Safety Management Section, determination of the cost to the public. The FAA is issuing this AD to address Rotorcraft Standards Branch, FAA, Conclusion the unsafe condition on these products. 10101 Hillwood Pkwy., Fort Worth, TX DATES: This AD is effective October 27, 76177; telephone 817–222–5110; email The FAA reviewed the relevant data 2020. [email protected]. and determined that air safety and the The Director of the Federal Register SUPPLEMENTARY INFORMATION: public interest require adopting this approved the incorporation by reference Discussion final rule as proposed, except for minor of a certain publication listed in this AD editorial changes. The FAA has as of October 27, 2020. The FAA issued a notice of proposed determined that these minor changes: rulemaking (NPRM) to amend 14 CFR ADDRESSES: For service information • Are consistent with the intent that identified in this final rule, contact part 39 by adding an AD that would apply to all Airbus Helicopters was proposed in the NPRM for Airbus Helicopters, 2701 N Forum addressing the unsafe condition; and Drive, Grand Prairie, TX 75052; Deutschland GmbH Model MBB–BK 117 • telephone 972–641–0000 or 800–232– D–2 helicopters. The NPRM published Do not add any additional burden 0323; fax 972–641–3775; or at https:// in the Federal Register on April 28, upon the public than was already www.airbus.com/helicopters/services/ 2020 (85 FR 23489). The NPRM was proposed in the NPRM. technical-support.html. You may view prompted by a report of an erroneous Related Service Information Under 1 this service information at the FAA, low rotor RPM indication after CFR Part 51 Office of the Regional Counsel, establishing an OEI condition. The Southwest Region, 10101 Hillwood NPRM proposed to require a SW Airbus Helicopters has issued Alert Pkwy., Room 6N–321, Fort Worth, TX modification for the AMC. The FAA is Service Bulletin MBB–BK117 D–2–42A– 76177. For information on the issuing this AD to address erroneous 005, Revision 3, dated June 6, 2019. availability of this material at the FAA, low RPM indications, which could This service information describes call 817–222–5110. It is also available cause the pilot to make inappropriate procedures for a SW modification for on the internet at https:// control inputs, resulting in damage to the AMC. www.regulations.gov by searching for the helicopter or injury to occupants. This service information is reasonably and locating Docket No. FAA–2020– The European Union Aviation Safety available because the interested parties 0342. Agency (EASA), which is the Technical have access to it through their normal Agent for the Member States of the course of business or by the means Examining the AD Docket European Union, has issued EASA AD identified in the ADDRESSES section. You may examine the AD docket on 2019–0208, dated August 22, 2019 the internet at https:// (referred to after this as the Mandatory Differences Between This AD and the www.regulations.gov by searching for Continuing Airworthiness Information, MCAI or Service Information and locating Docket No. FAA–2020– or ‘‘the MCAI’’), to correct an unsafe 0342; or in person at Docket Operations condition for all Airbus Helicopters The MCAI provides a 60-day between 9 a.m. and 5 p.m., Monday Deutschland GmbH Model MBB–BK 117 compliance time for accomplishing the through Friday, except Federal holidays. D–2 helicopters. You may examine the SW modification. This AD requires The AD docket contains this final rule, MCAI in the AD docket on the internet completion of the SW modification any comments received, and other at https://www.regulations.gov by within 50 hours time-in-service. information. The address for Docket searching for and locating Docket No. Costs of Compliance Operations is U.S. Department of FAA–2020–0342. Transportation, Docket Operations, M– The FAA estimates that this AD 30, West Building Ground Floor, Room Comments affects 30 helicopters of U.S. registry. W12–140, 1200 New Jersey Avenue SE, The FAA gave the public the The FAA estimates the following costs Washington, DC 20590. opportunity to participate in developing to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

1 work-hour × $85 per hour = $85 ...... $3,000 $3,085 $92,550

Authority for This Rulemaking 44701: General requirements. Under Regulatory Findings that section, Congress charges the FAA Title 49 of the United States Code with promoting safe flight of civil This AD will not have federalism specifies the FAA’s authority to issue aircraft in air commerce by prescribing implications under Executive Order rules on aviation safety. Subtitle I, regulations for practices, methods, and 13132. This AD will not have a section 106, describes the authority of procedures the Administrator finds substantial direct effect on the States, on the FAA Administrator. Subtitle VII: the relationship between the national necessary for safety in air commerce. Aviation Programs, describes in more government and the States, or on the This regulation is within the scope of detail the scope of the Agency’s distribution of power and that authority because it addresses an authority. responsibilities among the various unsafe condition that is likely to exist or levels of government. The FAA is issuing this rulemaking develop on products identified in this under the authority described in rulemaking action. For the reasons discussed above, I Subtitle VII, Part A, Subpart III, Section certify that this AD:

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(1) Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. (e) Reason action’’ under Executive Order 12866, § 39.13 [Amended] This AD was prompted by a report of an (2) Will not affect intrastate aviation erroneous low rotor revolutions per minute in Alaska, and ■ 2. The FAA amends § 39.13 by adding (RPM) indication after establishing a one (3) Will not have a significant the following new airworthiness engine inoperative condition. The FAA is economic impact, positive or negative, directive (AD): issuing this AD to address erroneous low on a substantial number of small entities RPM indications, which could cause the pilot 2020–19–01 Airbus Helicopters under the criteria of the Regulatory to make inappropriate control inputs, Deutschland GmbH: Amendment 39– Flexibility Act. resulting in damage to the helicopter or 21242; Docket No. FAA–2020–0342; List of Subjects in 14 CFR Part 39 Product Identifier 2019–SW–078–AD. injury to occupants. Air transportation, Aircraft, Aviation (a) Effective Date (f) Compliance safety, Incorporation by reference, This AD is effective October 27, 2020. Comply with this AD within the Safety. compliance times specified, unless already (b) Affected ADs Adoption of the Amendment done. None. Accordingly, under the authority (g) Definitions delegated to me by the Administrator, (c) Applicability (1) Affected part: An aircraft management the FAA amends 14 CFR part 39 as This AD applies to all Airbus Helicopters computer (AMC) having a software (SW) follows: Deutschland GmbH Model MBB–BK 117 D– version installed that is identified as ‘‘pre- 2 helicopters, certificated in any category. modification SW’’ in Figure 1 to paragraphs PART 39—AIRWORTHINESS (d) Subject (g)(1), (h), and (i) of this AD, or earlier SW DIRECTIVES version. Air Transport Association (ATA) of ■ 1. The authority citation for part 39 America Code 42, Integrated Modular continues to read as follows: Avionics.

Figure 1 to Paragraphs (g)(l), (h), and (i) -Helicopter Configuration and Updated SW

Helicopter Pre-modification Post-modification/ Confie;uration SW U oe:raded SW D-2 and D-2m (basic) As of the effective date of this AD, no D-2 and D-2m (basic) helicopters are known to be in service.

D-2 andD-2m V5.0.1 PIN D462C01S0501 V5.0.4 PIN D462C01S0504 (Helionix Step 2) V5.0.2 PIN D462C01S0502 V5.0.4 PIN D462C01S0504 V5.0.2 PIN D462C03S0502 V5.0.4 PIN D462C03S0504 D-2 andD-2m V5.0.3 PIN D462C01S0503 V5.0.4 PIN D462C01S0504 (Helionix Step 2.0.1) V5.0.3 PIN D462C03S0503 V5.0.4 PIN D462C03S0504 D-2 andD-2m V6.0 PIN D462C01S0600 V6.0.2 PIN D462C01S0602 (Helionix Step 3) V6.0 PIN D462C03S0600 V6.0.2 PIN D462C03S0602

(2) Group 1: Helicopters that have an acceptable alternative method of compliance (j) Alternative Methods of Compliance affected part installed. for the requirements of paragraph (h)(1) of (AMOCs) (3) Group 2: Helicopters that do not have this AD for that helicopter. (1) The Manager, Rotorcraft Standards an affected part installed. (i) Parts Installation Prohibition Branch, FAA, may approve AMOCs for this (h) Software Modification AD. Send your proposal to: George Schwab, Do not install on any helicopter an affected (1) For Group 1: Within 50 hours time-in- Aviation Safety Engineer, Safety Management part, and do not upload any SW identified as service after the effective date of this AD, Section, Rotorcraft Standards Branch, 10101 ‘‘pre-modification SW’’ in Figure 1 to update the SW of each affected part to the Hillwood Pkwy., Fort Worth, TX 76177; paragraphs (g)(1), (h), and (i) of this AD, or corresponding upgraded SW, as listed in telephone 817–222–5151; email 9-ASW-FTW- earlier SW version, on any AMC, as required Figure 1 to paragraphs (g)(1), (h), and (i) of [email protected]. this AD, in accordance with the by paragraph (i)(1) or (2) of this AD, as (2) For operations conducted under a 14 Accomplishment Instructions, Section 3.B.2, applicable. CFR part 119 operating certificate or under of Airbus Helicopters Alert Service Bulletin (1) For Group 1: After modification of that 14 CFR part 91, subpart K, notify your MBB–BK117 D–2–42A–005, Revision 3, helicopter as specified in paragraph (h) of principal inspector or lacking a principal dated June 6, 2019. this AD. (2) Replacement on a helicopter of an inspector, the manager of the local flight (2) For Group 2: As of the effective date of affected part with an AMC having the standards district office or certificate holding this AD. corresponding upgraded SW installed, as district office, before operating any aircraft listed in Figure 1 to paragraphs (g)(1), (h), complying with this AD through an AMOC. and (i) of this AD, or later SW upgrade is an

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(k) Related Information DEPARTMENT OF TRANSPORTATION Examining the AD Docket (1) Refer to Mandatory Continuing You may examine the AD docket on Federal Aviation Administration Airworthiness Information European Union the internet at https:// Aviation Safety Agency (EASA) 2019–0208, www.regulations.gov by searching for 14 CFR Part 39 dated August 22, 2019. This EASA AD may and locating Docket No. FAA–2020– be found in the AD docket on the internet at 0793; or in person at Docket Operations https://www.regulations.gov by searching for [Docket No. FAA–2020–0793; Project Identifier MCAI–2020–00976–R; Amendment between 9 a.m. and 5 p.m., Monday and locating Docket No. FAA–2020–0342. 39–21243; AD 2020–19–02] through Friday, except Federal holidays. (2) For service information identified in The AD docket contains this AD, the this AD, contact Airbus Helicopters, 2701 N RIN 2120–AA64 European Aviation Safety Agency Forum Drive, Grand Prairie, TX 75052; (EASA) (now European Union Aviation telephone 972–641–0000 or 800–232–0323; Airworthiness Directives; Airbus Safety Agency) AD, any service fax 972–641–3775; or at https:// Helicopters information that is incorporated by www.airbus.com/helicopters/services/ reference, any comments received, and AGENCY: technical-support.html. You may view this Federal Aviation other information. The street address for service information at the FAA, Office of the Administration (FAA), DOT. Docket Operations is listed above. Regional Counsel, Southwest Region, 10101 ACTION: Final rule; request for Comments will be available in the AD Hillwood Pkwy., Room 6N–321, Fort Worth, comments. docket shortly after receipt. TX 76177. For service information identified in SUMMARY: The FAA is superseding (l) Material Incorporated by Reference this final rule, contact Airbus Airworthiness Directive (AD) 2000–22– (1) The Director of the Federal Register Helicopters, 2701 N Forum Drive, Grand 19 for Eurocopter France (now Airbus Prairie, TX 75052; telephone 972–641– approved the incorporation by reference Helicopters) Model SA330F, G, and J (IBR) of the service information listed in this 0000 or 800–232–0323; fax 972–641– helicopters. AD 2000–22–19 required 3775; or at https://www.airbus.com/ paragraph under 5 U.S.C. 552(a) and 1 CFR repetitively inspecting certain tail rotor part 51. helicopters/services/technical- (T/R) blades for skin debonding and a support.html. You may view the (2) You must use this service information crack. Since the FAA issued AD 2000– as applicable to do the actions required by referenced service information at the 22–19, the inspection procedures have FAA, Office of the Regional Counsel, this AD, unless this AD specifies otherwise. been revised. Additionally, the FAA is (i) Airbus Helicopters Alert Service Southwest Region, 10101 Hillwood adding an affected part-numbered T/R Pkwy., Room 6N–321, Fort Worth, TX Bulletin MBB–BK117 D–2–42A–005, blade and the FAA-validation for Model Revision 3, dated June 6, 2019. 76177. It is also available on the internet SA330F and G helicopters has been at https://www.regulations.gov by (ii) [Reserved] cancelled. This new AD revises the (3) For service information identified in searching for and locating Docket No. applicability, requires repetitively FAA–2020–0793. this AD, contact Airbus Helicopters, 2701 N inspecting affected T/R blades with the Forum Drive, Grand Prairie, TX 75052; FOR FURTHER INFORMATION CONTACT: new inspection procedures, and Matt telephone 972–641–0000 or 800–232–0323; depending on the inspection results, Fuller, AD Program Manager, Continued fax 972–641–3775; or at https:// repairing or replacing the T/R blade. Operational Safety Branch, www.airbus.com/helicopters/services/ This new AD also prohibits installing an Airworthiness Products Section, technical-support.html. General Aviation and Rotorcraft Unit, (4) You may view this service information affected T/R blade unless it has passed the inspections. The actions of this AD FAA, 10101 Hillwood Pkwy., Fort at the FAA, Office of the Regional Counsel, Worth, TX 76177; telephone 817–222– Southwest Region, 10101 Hillwood Pkwy., are intended to address an unsafe condition on these products. 5110; email [email protected]. Room 6N–321, Fort Worth, TX 76177. For SUPPLEMENTARY INFORMATION: information on the availability of this DATES: This AD becomes effective material at the FAA, call 817–222–5110. October 7, 2020. Comments Invited (5) You may view this service information The Director of the Federal Register This AD is a final rule that involves that is incorporated by reference at the approved the incorporation by reference requirements affecting flight safety, and National Archives and Records of a certain document listed in this AD the FAA did not provide you with Administration (NARA). For information on as of October 7, 2020. notice and an opportunity to provide the availability of this material at NARA, The FAA must receive comments on your comments prior to it becoming email [email protected], or go to: https:// this AD by November 6, 2020. effective. However, the FAA invites you www.archives.gov/federal-register/cfr/ibr- ADDRESSES: You may send comments by to participate in this rulemaking by locations.html. any of the following methods: submitting written comments, data, or Issued on September 1, 2020. • Federal eRulemaking Docket: Go to views. The most helpful comments Gaetano A. Sciortino, https://www.regulations.gov. Follow the reference a specific portion of the AD, online instructions for sending your Deputy Director for Strategic Initiatives, explain the reason for any comments electronically. recommended change, and include Compliance & Airworthiness Division, • Aircraft Certification Service. Fax: 202–493–2251. supporting data. To ensure the docket • Mail: Send comments to the U.S. does not contain duplicate comments, [FR Doc. 2020–20763 Filed 9–21–20; 8:45 am] Department of Transportation, Docket commenters should send only one copy BILLING CODE 4910–13–P Operations, M–30, West Building of written comments, or if comments are Ground Floor, Room W12–140, 1200 filed electronically, commenters should New Jersey Avenue SE, Washington, DC submit them only one time. 20590–0001. Except for Confidential Business • Hand Delivery: Deliver to the Information (CBI) as described in the ‘‘Mail’’ address between 9 a.m. and 5 following paragraph, and other p.m., Monday through Friday, except information as described in 14 CFR Federal holidays. 11.35, the FAA will file in the docket all

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comments received, as well as a report Actions Since AD 2000–22–19 Was Related Service Information Under 1 summarizing each substantive public Issued CFR Part 51 contact with FAA personnel concerning Airbus Helicopters has issued this rulemaking during the comment Since the FAA issued AD 2000–22– 19, EASA, which is the Technical Agent Emergency Alert Service Bulletin No. period. The FAA will consider all the 05.101, Revision 0, dated March 21, comments received and may conduct for the Member States of the European Union, issued EASA AD No. 2016– 2016, for Model SA330J helicopters additional rulemaking based on those with certain T/R blades with and 0059–E, dated March 22, 2016 (EASA comments. without a de-icing system installed. AD 2016–0059–E), to correct an unsafe This service information specifies Confidential Business Information condition for Airbus Helicopters procedures for a visual and in-depth (formerly Eurocopter, Eurocopter inspection of the T/R blades for skin Confidential Business Information France, Aerospatiale) Model SA 330 J (CBI) is commercial or financial debonding and an eddy current helicopters. EASA AD 2016–0059–E inspection of the T/R blades for a crack information that is both customarily and retains the requirements of Direction actually treated as private by its owner. using various crack detectors. Ge´ne´rale de l’Aviation Civile (DGAC) This service information is reasonably Under the Freedom of Information Act France AD 87–032–052(B)R3, dated (FOIA) (5 U.S.C. 552), CBI is exempt available because the interested parties January 23, 1991, which it supersedes, have access to it through their normal from public disclosure. If your and also mandates improved service comments responsive to this final rule course of business or by the means instructions. identified in the ADDRESSES section. contain commercial or financial Airbus Helicopters issued the information that is customarily treated AD Requirements improved service instructions in as private, that you actually treat as Emergency Alert Service Bulletin No. This AD requires within 30 hours private, and that is relevant or 05.101, Revision 0, dated March 21, time-in-service (TIS) after the effective responsive to this final rule, it is 2016, to extend the eddy current date of this AD or within 30 hours TIS important that you clearly designate the inspection area and specify new tooling after last inspecting the T/R blades as submitted comments as CBI. Please to inspect the extended area. required by paragraph (a) of AD 2000– mark each page of your submission 22–19, whichever occurs first, and Also, since the FAA issued AD 2000– containing CBI as ‘‘PROPIN.’’ The FAA thereafter at intervals not to exceed 15 22–19, it was identified that AD 2000– will treat such marked submissions as hours TIS for blades with de-icing confidential under the FOIA, and they 22–19 inadvertently listed T/R blade P/ systems installed or 30 hours TIS for will not be placed in the public docket N 330A12–0000-(all dash numbers) blades without de-icing systems of this final rule. Submissions twice in its applicability and omitted installed: containing CBI should be sent to Matt T/R blade P/N 330A12–0005-(all dash • Accomplishing a visual and in- numbers). This final rule removes T/R Fuller, AD Program Manager, Continued depth inspection of each T/R blade for blade P/N 330A12–0000-(all dash Operational Safety Branch, debonding. If there is debonding within numbers) altogether from the Airworthiness Products Section, allowable limits, this AD requires applicability because these part- General Aviation and Rotorcraft Unit, repairing or replacing the T/R blade numbered T/R blades have been retired FAA, 10101 Hillwood Pkwy., Fort before further flight. If there is from the fleet and expands the Worth, TX 76177; telephone 817–222– debonding that exceeds allowable applicability by adding helicopters with 5110; email [email protected]. limits, this AD requires replacing the T/ T/R blade P/N 330A12–0005-(all dash R blade before further flight. Any commentary that the FAA receives numbers) installed. • which is not specifically designated as Eddy current inspecting each blade CBI will be placed in the public docket Additionally, at the request of Airbus for a crack. If there is a crack, this AD requires replacing the T/R blade before for this rulemaking. Helicopters, Model SA330F and G helicopters have been removed from the further flight. Discussion FAA Type Certificate Data Sheet This AD also prohibits installing an (TCDS). According to Airbus affected T/R blade on any helicopter The FAA issued AD 2000–22–19, Helicopters, none of these aircraft unless it passes the inspections required Amendment 39–11967 (65 FR 68071, models are in existence. EASA, the state by this AD. November 14, 2000) (‘‘AD 2000–22– of design, has also removed these 19’’), for Eurocopter France (now Airbus Differences Between This AD and the models from its TCDS. As a result, the EASA AD Helicopters) Model SA330F, G, and J FAA is removing these models from the helicopters with a T/R blade part applicability. The EASA AD requires returning a number (P/N) 330A12–0000–(all dash T/R blade with debonding that exceeds numbers), 330A12–0000–(all dash FAA’s Determination allowable limits or a crack to Airbus numbers), or 330A12–0006–(all dash Helicopters, whereas this AD requires These helicopters have been approved numbers), installed. replacing the T/R blade instead. by EASA and are approved for operation AD 2000–22–19 required, within a in the United States. Pursuant to the Regulatory Flexibility Act compliance time interval based on FAA’s bilateral agreement with the The requirements of the Regulatory whether a de-icing system was installed, European Union, EASA has notified the Flexibility Act (RFA) do not apply when repetitively inspecting each T/R blade FAA about the unsafe condition an agency finds good cause pursuant to for skin debonding and eddy current described in its AD. The FAA is issuing 5 U.S.C. 553 to adopt a rule without inspecting for a crack. The FAA issued this AD after evaluating all of the prior notice and comment. Because the AD 2000–22–19 to prevent fatigue information provided by EASA and FAA has determined that it has good cracking of a T/R blade, failure of a T/ determining the unsafe condition exists cause to adopt this rule without notice R blade, and subsequent loss of control and is likely to exist or develop on other and comment, RFA analysis is not of the helicopter. helicopters of the same type design. required.

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Costs of Compliance Authority for This Rulemaking 2020–19–02 Airbus Helicopters: Amendment 39–21243; Docket No. The FAA estimates that this AD Title 49 of the United States Code FAA–2020–0793; Project Identifier affects 15 helicopters of U.S. Registry. specifies the FAA’s authority to issue MCAI–2020–00976–R. rules on aviation safety. Subtitle I, Labor rates are estimated at $85 per (a) Applicability work-hour. Based on these numbers, the section 106, describes the authority of FAA estimates that operators may incur the FAA Administrator. Subtitle VII: This AD applies to Airbus Helicopters Aviation Programs, describes in more (previously Eurocopter France) Model the following costs in order to comply SA330J helicopters, certificated in any with this AD. detail the scope of the Agency’s category, with a tail rotor (T/R) blade part Inspecting the T/R blades for authority. number 330A12–0005-(all dash numbers) or debonding takes about 0.75 work-hour The FAA is issuing this rulemaking 330A12–0006-(all dash numbers) installed. for an estimated cost of $64 per under the authority described in Subtitle VII, Part A, Subpart III, Section (b) Unsafe Condition helicopter and $960 for the U.S. fleet, This AD defines the unsafe condition as per inspection cycle. Eddy current 44701: General requirements. Under that section, Congress charges the FAA fatigue cracking of a T/R blade. This inspecting the T/R blades for a crack condition could result in failure of a T/R takes about 1.75 work-hours for an with promoting safe flight of civil blade and subsequent loss of control of the estimated cost of $149 per helicopter aircraft in air commerce by prescribing helicopter. regulations for practices, methods, and and $2,235 for the U.S. fleet, per (c) Affected ADs inspection cycle. procedures the Administrator finds necessary for safety in air commerce. This AD replaces AD 2000–22–19, If required, replacing a T/R blade This regulation is within the scope of Amendment 39–11967 (65 FR 68071, takes about 4 work-hours and parts cost that authority because it addresses an November 14, 2000) (‘‘AD 2000–22–19’’). about $19,000, for an estimated cost of unsafe condition that is likely to exist or $19,340. (d) Effective Date develop on products identified in this This AD becomes effective October 7, 2020. FAA’s Justification and Determination rulemaking action. of the Effective Date (e) Compliance Regulatory Findings You are responsible for performing each Section 553(b)(3)(B) of the The FAA determined that this AD action required by this AD within the Administrative Procedure Act (5 U.S.C.) will not have federalism implications specified compliance time unless it has authorizes agencies to dispense with under Executive Order 13132. This AD already been accomplished prior to that time. notice and comment procedures for will not have a substantial direct effect (f) Required Actions rules when the agency, for ‘‘good cause’’ on the States, on the relationship (1) Within 30 hours time-in-service (TIS) finds that those procedures are between the national Government and after the effective date of this AD or within ‘‘impracticable, unnecessary, or contrary the States, or on the distribution of 30 hours TIS after last inspecting the T/R to the public interest.’’ Under this power and responsibilities among the blades as required by paragraph (a) of AD section, an agency, upon finding good various levels of government. 2000–22–19, whichever occurs first, and cause, may issue a final rule without For the reasons discussed, I certify thereafter at intervals not to exceed 15 hours TIS for T/R blades with deicing systems seeking comment prior to the that this AD: rulemaking. installed or 30 hours TIS for T/R blades 1. Is not a ‘‘significant regulatory without deicing systems installed: An unsafe condition exists that action’’ under Executive Order 12866, (i) Inspect each T/R blade for debonding by requires the immediate adoption of this and following the visual and in-depth inspection AD without providing an opportunity 2. Will not affect intrastate aviation in procedures in the Accomplishment for public comments prior to adoption. Alaska. Instructions, paragraph 3.B.2., of Airbus The FAA has found that the risk to the Helicopters Emergency Alert Service Bulletin flying public justifies waiving notice List of Subjects in 14 CFR Part 39 No. 05.101, Revision 0, dated March 21, 2016 and comment prior to adoption of this Air transportation, Aircraft, Aviation (EASB 05.101). If there is debonding within rule because fatigue cracking in a T/R allowable limits, before further flight, repair safety, Incorporation by reference, or replace the T/R blade. If there is blade could lead to failure of a T/R Safety. debonding that exceeds allowable limits, blade and subsequent loss of control of Adoption of the Amendment before further flight, replace the T/R blade. the helicopter. This type of fatigue (ii) Eddy current inspect each T/R blade for cracking in a T/R blade could cause a Accordingly, under the authority a crack by following the Accomplishment pilot to perform an emergency landing. delegated to me by the Administrator, Instructions, paragraph 3.B.3.a. of EASB Because these helicopters primarily the FAA amends 14 CFR part 39 as 05.101, then either paragraph 3.B.3.b.1. or conduct operations over water or follows: 3.B.3.b.2. of EASB 05.101 depending on your forested mountains, the FAA crack detector, and paragraph 3.B.3.c. of determined the corrective action must PART 39—AIRWORTHINESS EASB 05.101 except the ‘‘if there are no DIRECTIVES cracks’’ and ‘‘if there are one or several be completed within 30 hours TIS, a cracks’’ steps. Instead of the ‘‘if there are no time period of up to approximately two ■ 1. The authority citation for part 39 cracks’’ and ‘‘if there are one or several months based on the average flight-hour cracks’’ steps, if there is a crack, before utilization rates of these helicopters. continues to read as follows: further flight, replace the T/R blade. Therefore, notice and opportunity for Authority: 49 U.S.C. 106(g), 40113, 44701. (2) As of the effective date of this AD, do prior public comment are impracticable not install a T/R blade identified in and contrary to public interest pursuant § 39.13 [Amended] paragraph (a) of this AD on any helicopter to 5 U.S.C. 553(b)(3)(B). In addition, for ■ 2. The FAA amends § 39.13 by: unless the actions of paragraph (f)(1) of this the reasons stated above, the FAA finds ■ a. Removing Airworthiness Directive AD have been accomplished. that good cause exists pursuant to 5 (AD) 2000–22–19, Amendment 39– (g) Alternative Methods of Compliance U.S.C. 553(d) for making this 11967 (65 FR 68071, November 14, (AMOCs) amendment effective in less than 30 2000); and (1) The Manager, Rotorcraft Standards days. ■ b. Adding the following new AD: Branch, FAA, may approve AMOCs for this

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AD. Send your proposal to: Matt Fuller, AD DEPARTMENT OF COMMERCE End-Use Based) and part 746 Program Manager, Continued Operational (Embargoes and Other Special Controls) Safety Branch, Airworthiness Products Bureau of Industry and Security of the EAR. Section, General Aviation and Rotorcraft The End-User Review Committee Unit, FAA, 10101 Hillwood Pkwy., Fort 15 CFR Part 744 (ERC), composed of representatives of Worth, TX 76177; telephone 817–222–5110; [Docket No. 200818–0219] the Departments of Commerce (Chair), email [email protected]. State, Defense, Energy and, where (2) For operations conducted under a 14 RIN 0694–AI18 appropriate, the Treasury, makes all CFR part 119 operating certificate or under decisions regarding additions to, 14 CFR part 91, subpart K, the FAA suggests Addition of Entities to the Entity List; that you notify your principal inspector, or removals from, or other modifications to Corrections to Certain Existing Entries the Entity List. The ERC makes all lacking a principal inspector, the manager of on the Entity List the local flight standards district office or decisions to add an entry to the Entity certificate holding district office, before AGENCY: Bureau of Industry and List by majority vote and all decisions operating any aircraft complying with this Security, Commerce. to remove or modify an entry by AD through an AMOC. ACTION: Final rule. unanimous vote. (h) Additional Information ERC Entity List Decision SUMMARY: In this final rule, the Bureau The subject of this AD is addressed in of Industry and Security (BIS) amends Additions to the Entity List European Aviation Safety Agency (EASA) the Export Administration Regulations (now European Union Aviation Safety This rule implements the decision of (EAR) by adding forty-seven entities, the ERC to add forty-seven entities, Agency) No. 2016–0059–E, dated March 22, under fifty-one entries to the Entity List. 2016. You may view the EASA AD on the under fifty-one entries (four entities are These forty-seven entities have been internet at https://www.regulations.gov by identified in two destinations) to the searching for and locating it in Docket No. determined by the U.S. Government to Entity List. The forty-seven entities are FAA–2020–0793. be acting contrary to the national being added based on § 744.11 (License security or foreign policy interests of the (i) Subject requirements that apply to entities United States. These entities are located acting contrary to the national security Joint Aircraft Service Component (JASC) under the destinations of Canada, or foreign policy interests of the United Code: 6410, Tail Rotor Blades. China, Hong Kong, Iran, Malaysia, States) of the EAR. The entities are (j) Material Incorporated by Reference Oman, Pakistan, Thailand, Turkey, located in Canada, the People’s United Arab Emirates, and the United (1) The Director of the Federal Register Republic of China (China), Hong Kong, Kingdom. This rule also corrects four Iran, Malaysia, Oman, Pakistan, approved the incorporation by reference of existing entries on the Entity List under the service information listed in this Thailand, Turkey, United Arab Emirates the destination of China. paragraph under 5 U.S.C. 552(a) and 1 CFR (UAE) and the United Kingdom. part 51. DATES: This rule is effective September The ERC reviewed and applied (2) You must use this service information 22, 2020. § 744.11(b) (Criteria for revising the as applicable to do the actions required by FOR FURTHER INFORMATION CONTACT: Entity List) in making the determination this AD, unless the AD specifies otherwise. Chair, End-User Review Committee, to add these forty-seven entities to the (i) Airbus Helicopters Emergency Alert Office of the Assistant Secretary, Export Entity List. Under that paragraph, Service Bulletin No. 05.101, Revision 0, Administration, Bureau of Industry and persons for whom there is reasonable dated March 21, 2016. Security, Department of Commerce, cause to believe, based on specific and (ii) [Reserved] Phone: (202) 482–5991, Fax: (202) 482– articulable facts, that they have been (3) For service information identified in 3911, Email: [email protected]. involved, are involved, or pose a this AD, contact Airbus Helicopters, 2701 N significant risk of being or becoming Forum Drive, Grand Prairie, TX 75052; SUPPLEMENTARY INFORMATION: involved in, activities that are contrary telephone 972–641–0000 or 800–232–0323; Background fax 972–641–3775; or at https:// to the national security or foreign policy www.airbus.com/helicopters/services/ The Entity List (15 CFR, subchapter C, interests of the United States, along with technical-support.html. part 744, Supplement No. 4) identifies those acting on behalf of such persons, (4) You may view this service information entities reasonably believed to be may be added to the Entity List. at the FAA, Office of the Regional Counsel, involved in, or to pose a significant risk Paragraphs (b)(1) through (5) of § 744.11 Southwest Region, 10101 Hillwood Pkwy., of being or becoming involved in, provide an illustrative list of activities Room 6N–321, Fort Worth, TX 76177. For activities contrary to the national that could be contrary to the national information on the availability of this security or foreign policy interests of the security or foreign policy interests of the material at the FAA, call 817–222–5110. United States. The Export United States. (5) You may view this service information Administration Regulations (EAR) (15 The ERC determined to add that is incorporated by reference at the CFR parts 730–774) impose additional ‘‘Affiliated Supply and Consultancy National Archives and Records license requirements on, and limit the Services,’’ ‘‘Busan International,’’ Administration (NARA). For information on availability of most license exceptions ‘‘IMCO Technology and Services,’’ and the availability of this material at NARA, for, exports, reexports, and transfers (in- ‘‘Iqbal Enterprises’’ under the email [email protected], or go to: https:// country) to listed entities. The license destination of Pakistan. Specifically, the www.archives.gov/federal-register/cfr/ibr- locations.html. review policy for each listed entity is ERC determined to add ‘‘Busan identified in the ‘‘License review International’’ and ‘‘IMCO Technology Issued on August 31, 2020. policy’’ column on the Entity List, and and Services’’ to the Entity List on the Gaetano A. Sciortino, the impact on the availability of license basis of their contributions to Deputy Director for Strategic Initiatives, exceptions is described in the relevant unsafeguarded nuclear activities’’. Compliance & Airworthiness Division, Federal Register document adding ‘‘Affiliated Supply and Consultancy Aircraft Certification Service. entities to the Entity List. BIS places Services’’ has been involved in the [FR Doc. 2020–20751 Filed 9–21–20; 8:45 am] entities on the Entity List pursuant to procurement of U.S.-origin goods in BILLING CODE P part 744 (Control Policy: End-User and association with Pegasus General

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Trading FZC, an entity added to the ‘‘Hong Kong Fung Tak Enterprise.’’ For the reasons described above, this Entity List on March 16, 2020 (85 FR There is reasonable cause to believe, final rule adds the following forty-seven 14794). ‘‘Iqbal Enterprises’’ is added to based on specific and articulable facts, entities under fifty-one entries to the the Entity List for its contributions to that these ten entities were involved in Entity List. unsafeguarded nuclear activities. the diversion of U.S.-origin unmanned Canada The ERC determined to add ‘‘Business aerial vehicle parts, as well as other Empire International’’ and ‘‘KTK items, to Iran via China without the • Ibrahim Nasir. Engineering (PVT) LTD’’ to the Entity required licenses. China List under the destination of Pakistan as The ERC determined to add to the well as to add ‘‘S&D Industry Ltd.,’’ • Landa Ariya Electronic Co; Entity List ‘‘Airborne Logistics LLC’’ • ‘‘Rigsol Well Drilling Equipment under the destination of Oman; Oriental Logistics Group LTD; Trading,’’ and ‘‘E and I Systems FZE’’ to • Roin Luo; ‘‘Aviation Network Associates’’ and • the Entity List under the destination of ‘‘PremiAir Aerospace’’ under the Shenzhen Iprogift Technology Co., the UAE all for actions contrary to the Ltd; destination of the United Kingdom; • national security or foreign policy ‘‘FARSCO Aviation MRO Centre’’ under Shenzhen Shunjinxin Import & interests of the United States. Export Co. Ltd.; and the destination of Iran; ‘‘Marilog Avion • Specifically, the ERC determined to add Services Company’’ under the Suki Zhan. these entities to the Entity List for their destination of Thailand; and Hong Kong contributions to unsafeguarded nuclear ‘‘Transworld Aviation’’ under the • Hong Kong Fung Tak Enterprise; activities. destination of the UAE, and certain The ERC determined to add ‘‘Ahmad and employees of these entities. Specifically, • Oriental Logistics Group LTD. Nozad Gholik,’’ ‘‘Behnam Pouremadi,’’ ERC determined to add to the Entity List ‘‘Hamid Sepehrian,’’ ‘‘Mojtaba Farhadi ‘‘Marilog Avion Services Company Iran Ganjeh,’’ and ‘‘Sayyed Javad Ahmadi’’ Limited’’ and its principal employees • to the Entity List under the destination Ahmad Nozad Gholik; ‘‘Mohamad Rifan,’’ and ‘‘Ibrahim • of Iran for actions contrary to the Ali Basati; Nasir’’; ‘‘PremiAir Aerospace’’ and its • national security or foreign policy Behnam Pouremadi; principal employees ‘‘Graham Avery,’’ • interest of the United States. Behnaz Moazen; and ‘‘Daniel Basden’’; ‘‘Aviation • Specifically, these individuals are Blue Lines Company; Network Associates’’ and its principal • added on the basis of their support for FARSCO Aviation MRO Centre; employee ‘‘Chas Newport’’; • nuclear-related activities that are Hamid Sepehrian; ‘‘Transworld Aviation’’ and its principal • contrary to the national security or Landa Ariya Electronic Co.; employees ‘‘Shehab Bin Braik Al • Mahdi Keivan Bahari; foreign policy of the United States. • The ERC determined to add to the Breiki,’’ ‘‘Abdulla K. Al Suleimani,’’ Mahsa Keivan Bahari; • Entity List ‘‘Blue Lines FZE’’ under the ‘‘Lufti Busaidi Sulaiman,’’ and Mohsen Asraftaba; • destinations of Turkey and the UAE; ‘‘Mohamed Nashir’’; ‘‘Airborne Logistics Mojtaba Farhadi Ganjeh; • ‘‘MKB Pacific Air SDN BHD’’ under the LLC’’ and ‘‘FARSCO Aviation MRO Rouhollah Abdollahi; • destination of Malaysia; ‘‘Ajmal Centre’’ and its principal employees S. M. Mirbagheri; and • Aviation’’ under the destination of the ‘‘S.M. Mirbagheri’’ and ‘‘Rouhollah Sayyed Javad Ahmadi. Abdollahi.’’ These entities have been UAE; and ‘‘Blue Lines Company’’ as Malaysia involved in a scheme to illicitly procure well as two associated individuals— • ‘‘Mahdi Keivan Bahari’’ and ‘‘Mahsa Bell 412 helicopters on behalf of Iranian MKB Pacific Air SDN BHD. Keivan Bahari’’—under the destination end-user, ‘‘FARSCO Aviation MRO Oman of Iran. These entities were instrumental Centre.’’ • Airborne Logistics LLC. in the procurement and/or re-transfer of For thirty-nine of the forty-seven U.S.-origin items to Iran, in violation of entities added to the Entity List in this Pakistan final rule, BIS imposes a license the Iranian Transactions and Sanctions • Affiliated Supply and Consultancy Regulations and the EAR, and are requirement for all items subject to the EAR and a license review policy of Services; implicated as being directly involved in • Busan International; presumption of denial. For ‘‘Busan activities that are contrary to the • Business Empire International; International,’’ ‘‘Business Empire national security or foreign policy • IMCO Technology and Services; International,’’ ‘‘E and I Systems FZE,’’ interests of the United States as set forth • Iqbal Enterprises; and ‘‘IMCO Technology and Services,’’ in § 744.11(b) of the EAR. • KTK Engineering (PVT) LTD. The ERC determined to add ‘‘Landa ‘‘Iqbal Enterprises,’’ ‘‘KTK Engineering Ariya Electronic Co.’’ to the Entity List (PVT) LTD,’’ ‘‘Rigsol Well Drilling Thailand under the destinations of China and Iran Equipment Trading,’’ and ‘‘S&D • Marilog Avion Services Company, as well as its employees ‘‘Ali Basati,’’ Industry Ltd.,’’ BIS imposes the license Limited; and ‘‘Mohsen Asraftaba,’’ and ‘‘Behnaz review policy set forth in § 744.2(d) of • Mohamad Rifan. Moazen’’ under the destination of Iran. the EAR, a nuclear end-user and end- In addition, the ERC determined to add use based provision. No license Turkey ‘‘Oriental Logistics Group LTD’’ and its exceptions are available for exports, • Blue Lines FZE. employee ‘‘Roin Luo’’ as well as reexports, or transfers (in-country) to the ‘‘Shenzhen Iprogift Technology Co., entities being added to the Entity List in United Arab Emirates Ltd,’’ ‘‘Shenzhen Shunjinxin Import & this rule. The acronym ‘‘a.k.a.’’ (also • Abdulla K. Al Suleimani; Export Co. Ltd.,’’ and ‘‘Suki Zhan’’ to known as) is used in entries on the • Ajmal Aviation; the Entity List under the destination of Entity List to identify aliases, thereby • Blue Lines FZE; China. ‘‘Oriental Logistics Group LTD’’ assisting exporters, reexporters, and • E and I Systems FZE; is also being added under the transferors in identifying entities on the • Ibrahim Nasir; destination of Hong Kong, along with Entity List. • Lufti Busaidi Sulaiman;

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• Mohamed Nashir; quantifying both costs and benefits, of 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. • Rigsol Well Drilling Equipment reducing costs, of harmonizing rules, 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Trading; and of promoting flexibility. This rule Comp., p. 950; E.O. 13026, 61 FR 58767, 3 • S&D Industry Ltd.; has been determined to be not CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. • Shehab Bin Braik Al Breiki; and significant for purposes of Executive • 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. Transworld Aviation. Order 12866. This rule is not an 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 United Kingdom Executive Order 13771 regulatory action Comp., p. 786; Notice of September 19, 2019, because this rule is not significant under • 84 FR 49633; Notice of November 12, 2019, Aviation Network Associates; Executive Order 12866. 84 FR 61817. • Chas Newport; Notwithstanding any other provision ■ 2. Supplement No. 4 to part 744 is • Daniel Basden; of law, no person is required to respond • amended: Graham Avery; and to or be subject to a penalty for failure • PremiAir Aerospace. ■ a. Under CANADA, by adding in to comply with a collection of alphabetical order an entry for ‘‘Ibrahim Corrections to the Entity List information, subject to the requirements Nasir’’; of the Paperwork Reduction Act of 1995 In this final rule, BIS is correcting the ■ b. Under CHINA, PEOPLE’S (44 U.S.C. 3501 et seq.) (PRA), unless REPUBLIC OF: Federal Register citation for four that collection of information displays a existing entries on the Entity List under ■ i. By adding in alphabetical order currently valid Office of Management entries for ‘‘Landa Ariya Electronic the destination of China. These entities and Budget (OMB) Control Number. were added to the Entity List under the Co.’’, ‘‘Oriental Logistics Group LTD’’, This regulation involves collections ‘‘Roin Luo’’, ‘‘Shenzhen Iprogift destination of China on October 9, 2019 previously approved by OMB under (84 FR 54004) and June 5, 2020 (85 FR Technology Co, Ltd.’’, ‘‘Shenzhen control number 0694–0088, Simplified Shunjinxin Import & Export Co. Ltd.’’, 34505), and modified on July 22, 2020 Network Application Processing (85 FR 44159). In the July 22, 2020, final and ‘‘Suki Zhan’’; and System, which includes, among other ■ ii. By revising the entries ‘‘Nanjing rule, the entries for ‘‘Nanjing things, license applications, and carries Fiberhome,’’ ‘‘NetPosa,’’ ‘‘SenseNets,’’ Fiberhome Starrysky Communication a burden estimate of 42.5 minutes for a Development Co.’’, ‘‘NetPosa’’, and ‘‘Shihezi Municipality’’ did not manual or electronic submission. Total include the Federal Register citation. ‘‘SenseNets’’, and ‘‘Shihezi burden hours associated with the PRA Municipality Public Security Bureau’’; This rule is adding the Federal Register and OMB control number 0694–0088 citation for these four entities. ■ c. Under HONG KONG, by adding in are not expected to increase as a result alphabetical order entries for ‘‘Hong Savings Clause of this rule. Kong Fung Tak Enterprise’’ and This rule does not contain policies ‘‘Oriental Logistics Group LTD’’; Shipments of items removed from with Federalism implications as that eligibility for a License Exception or ■ d. Under IRAN, by adding in term is defined in Executive Order alphabetical order entries for ‘‘Ahmad export or reexport without a license 13132. (NLR) as a result of this regulatory Nozad Gholik’’, ‘‘Ali Basati’’, ‘‘Behnam Pursuant to § 1762 of ECRA, this Pouremadi’’, ‘‘Behnaz Moazen’’, ‘‘Blue action that were en route aboard a action is exempt from the carrier to a port of export or reexport, on Lines Company’’, ‘‘FARSCO Aviation Administrative Procedure Act (5 U.S.C. MRO Centre’’, ‘‘Hamid Sepehrian’’, September 22, 2020, pursuant to actual 553) requirements for notice of orders for export or reexport to a foreign ‘‘Landa Ariya Electronic Co.’’, ‘‘Mahdi proposed rulemaking, opportunity for Keivan Bahari’’, ‘‘Mahsa Keivan destination, may proceed to that public participation, and delay in destination under the previous Bahari’’, ‘‘Mohsen Asraftaba’’, ‘‘Mojtaba effective date. Farhadi Ganjeh’’, ‘‘Rouhollah eligibility for a License Exception or Because a notice of proposed Abdollahi’’, ‘‘S.M. Mirbagheri’’, and export or reexport NLR. rulemaking and an opportunity for ‘‘Sayyed Javad Ahmadi’’; public comment are not required to be Export Control Reform Act of 2018 ■ e. Under MALAYSIA, by adding in given for this rule by 5 U.S.C. 553, or alphabetical order an entry for ‘‘MKB On August 13, 2018, the President by any other law, the analytical Pacific Air SDN BHD’’; signed into law the John S. McCain requirements of the Regulatory ■ f. Under OMAN, by adding in National Defense Authorization Act for Flexibility Act, 5 U.S.C. 601, et seq., are alphabetical order an entry for Fiscal Year 2019, which included the not applicable. Accordingly, no ‘‘Airborne Logistics LLC’’; Export Control Reform Act of 2018 regulatory flexibility analysis is required ■ g. Under PAKISTAN, by adding in (ECRA), 50 U.S.C. 4801–4852. ECRA and none has been prepared. provides the legal basis for BIS’s alphabetical order entries for ‘‘Affiliated principal authorities and serves as the List of Subjects in 15 CFR Part 744 Supply and Consultancy Services’’, authority under which BIS issues this Exports, Reporting and recordkeeping ‘‘Busan International’’, ‘‘Business rule. requirements, Terrorism. Empire International’’, ‘‘IMCO Technology and Services’’, ‘‘Iqbal Accordingly, part 744 of the Export Rulemaking Requirements Enterprises’’, and ‘‘KTK Engineering Administration Regulations (15 CFR Executive Orders 13563 and 12866 (PVT) LTD’’; parts 730–774) is amended as follows: direct agencies to assess all costs and ■ h. Under THAILAND, by adding in benefits of available regulatory PART 744—[AMENDED] alphabetical order entries for ‘‘Marilog alternatives and, if regulation is Avion Services Company, Limited’’ and necessary, to select regulatory ■ 1. The authority citation for 15 CFR ‘‘Mohamad Rifan’’; approaches that maximize net benefits part 744 is revised to read as follows: ■ i. Under TURKEY, by adding in (including potential economic, Authority: 50 U.S.C. 4801–4852; 50 U.S.C. alphabetical order an entry for ‘‘Blue environmental, public health and safety 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. Lines FZE’’; effects, distributive impacts, and 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 ■ j. Under UNITED ARAB EMIRATES, equity). Executive Order 13563 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR by adding in alphabetical order entries emphasizes the importance of 20947, 3 CFR, 1978 Comp., p. 179; E.O. for ‘‘Abdulla K. Al Suleimani’’, ‘‘Ajmal

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Aviation’’, ‘‘Blue Lines FZE’’, ‘‘E and I Bin Braik Al Breiki’’, and ‘‘Transworld Newport’’, ‘‘Daniel Basden’’, ‘‘Graham Systems FZE’’, ‘‘Ibrahim Nasir’’, ‘‘Lufti Aviation’’; and Avery’’, and ‘‘PremiAir Aerospace’’. ■ Busaidi Sulaiman’’, ‘‘Mohamed Nashir’’, k. Under UNITED KINGDOM, by The additions and revisions read as ‘‘Rigsol Well Drilling Equipment adding in alphabetical order entries for follows: Trading’’, ‘‘S&D Industry Ltd.’’, ‘‘Shehab ‘‘Aviation Network Associates’’, ‘‘Chas SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

License License Federal Register Country Entity requirement review policy citation

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CANADA ...... ****** Ibrahim Nasir, 1902–1155 High Street, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Coquitlam, BC, Canada V3B 7W4. (See al- EAR. (See § 744.11 of the NUMBER] 9/22/20. ternate address in UAE). EAR). ******

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CHINA, PEOPLE’S ****** REPUBLIC OF. Landa Ariya Electronic Co., a.k.a., the fol- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE lowing three aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Landa Ariya Electronic Co. Ltd.; EAR). —Landa Electronic; and —Landa Electronics. Building B, No. 20J, Huaqiang Plaza, Shenzhen, China; and Huaqiang North Road, Futian District, Shenzhen, Guangdong, China. (See alternate ad- dresses in Iran). ****** Nanjing FiberHome Starrysky Communica- For all items subject to the Case-by-case review for 85 FR 34505, 6/5/20. tion Development -o., a.k.a., the following EAR. (See § 744.11 of the ECCNs 1A004.c, 1A004.d, 85 FR 44159, 7/22/20. two aliases: EAR). 1A995, 1A999.a, 1D003, —Nanjing Fenghuo Xingkong Communica- 2A983, 2D983, and 2E983, tion Development Co.; and and for EAR99 items de- —Fiberhome StarrySky Co., Ltd. scribed in the Note to 88 Yunlongshan Road, Jianye District, ECCN 1A995; case-by- Nanjing China. case review for items nec- essary to detect, identify and treat infectious dis- ease; and presumption of denial for all other items subject to the EAR. ****** NetPosa, a.k.a., the following three aliases: For all items subject to the Case-by-case review for 85 FR 34505, 6/5/20. —Dongfang Netpower Technology Co.; EAR. (See § 744.11 of the ECCNs 1A004.c, 1A004.d, 85 FR 44159, 7/22/20. —Dongfang Wangli Technology; and EAR). 1A995, 1A999.a, 1D003, —NetPosa Technologies Ltd. 2A983, 2D983, and 2E983, Room 408, 4th Floor, Shining Xueyuan and for EAR99 items de- Road, Haidian District, Beijing, China; and scribed in the Note to Room 3603, Wanda Plaza, No. 555 ECCN 1A995; case-by- Xuanwuhu Road, Economic and Techno- case review for items nec- logical Development Zone, Urumqi, China; essary to detect, identify and 26F, BLK C, Wangjing SOHO Tower and treat infectious dis- 2, #1 Futong Ave, Chaoyang District, Bei- ease; and presumption of jing, China. denial for all other items subject to the EAR. ****** Oriental Logistics Group LTD, a.k.a., the fol- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE lowing one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Oriental Air Transport Service Ltd. EAR). Room 2114, 21/F., Shenhua Commercial, Bldg, No. 2018 Jiabin Rd, Luo Hu District, Shenzhen, China 518001 (See alternate addresses in Hong Kong). ****** Roin Luo, Room 2114, 21/F., Shenhua Com- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE mercial, Bldg, No. 2018 Jiabin Rd, Luo Hu EAR. (See § 744.11 of the NUMBER] 9/22/20. District, Shenzhen, China 518001. EAR). ******

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

License License Federal Register Country Entity requirement review policy citation

SenseNets, a.k.a., the following six aliases: For all items subject to the Case-by-case review for 85 FR 34505, 6/5/20. —Deep Net Vision; EAR. (See § 744.11 of the ECCNs 1A004.c, 1A004.d, 85 FR 44159, 7/22/20. —Deep Network Vision; EAR). 1A995, 1A999.a, 1D003, —Sensenets Corporation; 2A983, 2D983, and 2E983, —Shenzhen Net Vision; and for EAR99 items de- —Shenzhen Shenwang Vision Technology scribed in the Note to Co., Ltd.; and ECCN 1A995; case-by- —Shenzhen Vision. case review for items nec- 8th Floor, East Tower, Skyworth Semicon- essary to detect, identify ductor Design Building, No. 18 Gaoxin and treat infectious dis- South 4th Road, Yuehai Street, Nanshan ease; and presumption of District, Shenzhen, China; and 16F, China denial for all other items Merchants Development Center, No. 1063, subject to the EAR. Nanhai Avenue, Nanshan District, Shenzhen, China. ****** Shenzhen Iprogift Technology Co., Ltd, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE a.k.a., the following three aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Iprogift Shenzhen Technology Co., Ltd.; EAR). —Shenzhen Iprogift Technology; and —Iprogift Shenzhen Technology. New North Door 25H Shenhua Commercial Building, Jiabin Road 2018, Luohu District, Shenzhen, China, 518000; and Floor 2, 4 Bldg., Jinyuan Science and Technology In- dustry Park, Fengmen Road Bantian Town, Longgang District, Shenzhen, China. ****** Shenzhen Shunjinxin Import & Export Co. For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Ltd., a.k.a., the following one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Shenzhen Shunjinxin IMP&Export Co. Ltd. EAR). 25H North Door Shenhua Comm. Build., Jiabin Road 2018, Luohu District, Shenzhen, China; and Room 2114, 21/FL Shenhua Commercial Bldg, Luohu District Shenzhen, China, 518001; and Room 815, 8F Zhongzhen Bld., No. 68, Luofang, South Louhu, Shenzhen, China. ****** Shihezi Municipality Public Security Bureau, For all items subject to the Case-by-case review for 84 FR 54004, 10/9/19. 209 N Fourth Rd., Shihezi City, XUAR EAR. (See § 744.11 of the ECCNs 1A004.c, 1A004.d, 85 FR 44159, 7/22/20. 832000, China. EAR). 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983, and for EAR99 items de- scribed in the Note to ECCN 1A995; case-by- case review for items nec- essary to detect, identify and treat infectious dis- ease; and presumption of denial for all other items subject to the EAR. ****** Suki Zhan, Room 2114, 21/FL Shenhua For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Commercial Bldg, Luohu District EAR. (See § 744.11 of the NUMBER] 9/22/20. Shenzhen, China, 518001; and Floor 2, 4 EAR). Bld., Jinyuan Science and Technology In- dustry Park, Fengman Road Bantian Town, Longgang District, Shenzhen, China. ******

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HONG KONG ...... ****** Hong Kong Fung Tak Enterprise, FLAT/RM For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE A 30, 9/F Silvercorp International Tower, EAR. (See § 744.11 of the NUMBER] 9/22/20. 707–713, Nathan Road, Mongkok, EAR). Kowloon, Hong Kong. ******

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

License License Federal Register Country Entity requirement review policy citation

Oriental Logistics Group LTD, a.k.a., the fol- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE lowing one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Oriental Air Transport Service Ltd. EAR). Unit B, 10th Floor, United Overseas Plaza, No. 11, Lai Yip Street, Kwun Tong, Kowloon, Hong Kong; and 10/F, Union Bldg, 112 How Ming, Kwun Tong, Kowloon, Hong Kong (see alternate ad- dress in China). ******

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IRAN ...... ****** Ahmad Nozad Gholik, Iran. For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). Ali Basati, No. 2, 5th floor, Abbasian Bld., For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Jomhoori Ave., Tehran, Iran; and No. 48, EAR. (See § 744.11 of the NUMBER] 9/22/20. Abbasian Bld, Republic Street, Tehran, EAR). Iran. ****** Behnam Pouremadi, Tehran Hakimi Gelayol For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Alley Number 19 100 Tehran 1438371659 EAR. (See § 744.11 of the NUMBER] 9/22/20. 24 Tehran, Iran. EAR). Behnaz Moazen, No. 2, 5th floor, Abbasian For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Bld., Jomhoori Ave., Tehran, Iran; and No. EAR. (See § 744.11 of the NUMBER] 9/22/20. 2, 5th floor, Abbasian Bld., Republic EAR). Street, Tehran, Iran; and No. 48, Abbasian Bld, Republic Street, Tehran, Iran. Blue Lines Company, Unit 3, 13th Floor, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Negar Tower, Vansk Square, Tehran, Iran. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** FARSCO Aviation MRO Centre, Sanaye For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Havapeymaei Blvd., Karaj Makhsous Road EAR. (See § 744.11 of the NUMBER] 9/22/20. 13976–13511, Tehran, Iran. EAR). ****** Hamid Sepehrian, Jaber Ibn Hayan Re- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE search Institute, AEOI, P.O. Box 11365/ EAR. (See § 744.11 of the NUMBER] 9/22/20. 8486, Tehran, Iran. EAR). ****** Landa Ariya Electronic Co., a.k.a., the fol- For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE lowing three aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Landa Ariya Electronic Co. Ltd.; EAR). —Landa Electronic; and —Landa Electronics. No. 2, 5th floor, Abbasian Bld., Jomhoori Ave., Tehran, Iran; and No. 2, 5th floor, Abbasian Bld., Republic Street, Tehran, Iran; and No. 48, Abbasian Bld, Republic Street, Tehran, Iran (see alternate ad- dresses in China). ****** Mahdi Keivan Bahari, a.k.a., the following For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE three aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Mehdi Keivan; EAR). —M. Aziz; and; —Aziz Bahari. Unit 3, 13th Floor, Negar Tower, Vansk Square, Tehran, Iran. ****** Mahsa Keivan Bahari, a.k.a., the following For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE three aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Katrina Smich; EAR). —Katrina Smitch; and —K.A. Smich. Unit 3, 13th Floor, Negar Tower, Vansk Square, Tehran, Iran. ****** Mohsen Asraftaba, No. 2, 5th floor, Abbasian For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Bld., Jomhoori Ave., Tehran, Iran; and No. EAR. (See § 744.11 of the NUMBER] 9/22/20. 2, 5th floor, Abbasian Bld., Republic EAR). Street, Tehran, Iran; and No. 48, Abbasian Bld, Republic Street, Tehran, Iran. Mojtaba Farhadi Ganjeh, Iran. For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ******

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

License License Federal Register Country Entity requirement review policy citation

Rouhollah Abdollahi, Sanaye Havapeymaei For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Blvd. Karaj Makhsous Road 13976–13511, EAR. (See § 744.11 of the NUMBER] 9/22/20. Tehran, Iran. EAR). S.M. Mirbagheri, Sanaye Havapeymaei Blvd. For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Karaj Makhsous Road 13976–13511, EAR. (See § 744.11 of the NUMBER] 9/22/20. Tehran, Iran. EAR). ****** Sayyed Javad Ahmadi, Nuclear Science and For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Technology Research Institute, End of EAR. (See § 744.11 of the NUMBER] 9/22/20. North Karegar Avenue, P.O. Box EAR). 1439951113, Tehran, Iran. ******

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MALAYSIA ...... ****** MKB Pacific Air SDN BHD, No. 214, 2nd For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Floor, Wisma MPL, Jalan Raja Chulan, EAR. (See § 744.11 of the NUMBER] 9/22/20. 50200, Kuala Lumpur, Malaysia. EAR). ******

*******

OMAN ...... Airborne Logistics LLC, C.R. No 1/79103/6, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE 112 Ruwi, Sultanate of Oman. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** PAKISTAN ...... ****** Affiliated Supply and Consultancy Services, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Office 208, R.A. Bazar, Rawalpindi, Paki- EAR. (See § 744.11 of the NUMBER] 9/22/20. stan; and Office No. 210–A, R.A. Bazar, EAR). Rawalpindi, Pakistan. ****** Busan International, No. 2 2nd Floor Plaza 6, For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE Upper Banl Al-Falah, DHA2, Commercial EAR. (See § 744.11 of the NUMBER] 9/22/20. Sector E, Jinnah Boulevard, Islamabad, EAR). Pakistan. Business Empire International, a.k.a., the fol- For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE lowing one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Drillage Trading FZE LLC. EAR). H–9, Block-9, Sector-F, Business Bay, DHA– 1, Islamabad, Pakistan; and No. 13, Sec- ond Floor, Rahmat Centre, Islamabad, 44000. ****** IMCO Technology and Services, a.k.a., in- For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE cluding the following alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —IMCO. EAR). No. 9, 2nd Floor, Royal Inn Plaza, Kohistan Road, F–8 Mar kaz, Islamabad, Pakistan. ****** Iqbal Enterprises, 14 Nishter Road, Lahore, For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE Pakistan. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** KTK Engineering (PVT) LTD, 29–M, Civic For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE Centre, Model Town Ext., Lahore, Paki- EAR. (See § 744.11 of the NUMBER] 9/22/20. stan. EAR). ******

*******

THAILAND ...... ****** Marilog Avion Services Company, Limited, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE 987 Silom Road, Bang Rak, Bangkok, EAR. (See § 744.11 of the NUMBER] 9/22/20. Thailand, 10500. EAR). Mohamad Rifan, 987 Silom Road, Bang Rak, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Bangkok, Thailand, 10500. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** TURKEY ...... ****** Blue Lines FZE, Unit 2706, Floor 27, Maslak For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Baybigiz Plaza, 34396, Istanbul, Turkey EAR. (See § 744.11 of the NUMBER] 9/22/20. (see alternate address under United Arab EAR). Emirates). ****** UNITED ARAB ****** EMIRATES.

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

License License Federal Register Country Entity requirement review policy citation

Abdulla K. Al Suleimani, a.k.a., the following For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE two aliases: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Shehab Ahmed; and EAR). —Hamad Abdulla. Jebel Ali Free Zone, P.O. Box 61002, Dubai, United Arab Emirates. ****** Ajmal Aviation, P.O. Box 40445, Building C1, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Ajman Free Zone, Ajman, United Arab EAR. (See § 744.11 of the NUMBER] 9/22/20. Emirates. EAR). ****** Blue Lines FZE, RAK Free Zone, P.O. Box For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE 10559, Ras Al Khaimah, United Arab Emir- EAR. (See § 744.11 of the NUMBER] 9/22/20. ates (see alternate address under Turkey). EAR). ****** E and I Systems FZE, Business Centre, Al For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE Shmookh Building, UAQ Free Trade Zone, EAR. (See § 744.11 of the NUMBER] 9/22/20. Umm Al Quwain, United Arab Emirates. EAR). ****** Ibrahim Nasir, P.O. Box 32332, Dubai, For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE United Arab Emirates (See additional ad- EAR. (See § 744.11 of the NUMBER] 9/22/20. dress in Canada). EAR). ****** Lufti Busaidi Sulaiman, a.k.a., the following For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. — Lufti Al Busaidi. EAR). Jebel Ali Free Zone, P.O. Box 61002, Dubai, United Arab Emirates. ****** Mohamed Nashir, Jebel Ali Free Zone, P.O. For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Box 61002, Dubai, United Arab Emirates. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** Rigsol Well Drilling Equipment Trading, For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE a.k.a., the following one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Rigsol. EAR). Saleh Al Kazim, Deira, Garhoud, Dubai, United Arab Emirates; and Office No. 3, Al Kazim Building, Garhoud, Dubai, United Arab Emirates. ****** S&D Industry Ltd., Souk Al Kabeer Building, For all items subject to the See § 744.2(d) of the EAR ..... 85 FR [INSERT FR PAGE Office No. F01, Bur Dubai Area, P.O. Box EAR. (See § 744.11 of the NUMBER] 9/22/20. 932, Dubai, United Arab Emirates; and Of- EAR). fice No. 1, Galadari Engineering Works Building, Deira, Dubai, United Arab Emir- ates; and 1304 Al Baker Tower 4, Al Tawun, Sharjah, United Arab Emirates. ****** Shehab Bin Braik Al Breiki, Jebel Ali Free For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE Zone, P.O. Box 61002, Dubai, United Arab EAR. (See § 744.11 of the NUMBER] 9/22/20. Emirates. EAR). ****** Transworld Aviation, a.k.a., the following one For all items subject to the Presumption of denial ...... 85 FR [INSERT FR PAGE alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Transworld Aviation FZE. EAR). Jebel Ali Free Zone, P.O. Box 61002, Dubai, United Arab Emirates. UNITED KINGDOM ****** Aviation Network Associates, a.k.a., the fol- For all items subject to the Presumption of denial ...... 84 FR [INSERT FR PAGE lowing one alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Aviana. EAR). 24 Chiswell Street, 3rd Floor, London, United Kingdom EC1Y 4YX. ****** Chas Newport, 24 Chiswell Street, 3rd Floor, For all items subject to the Presumption of denial ...... 84 FR [INSERT FR PAGE London, United Kingdom EC1Y 4YX. EAR. (See § 744.11 of the NUMBER] 9/22/20. EAR). ****** Daniel Basden, Aviation 3 Trebeck Street, For all items subject to the Presumption of denial ...... 84 FR [INSERT FR PAGE Mayfair, London, United Kingdom W1J7 EAR. (See § 744.11 of the NUMBER] 9/22/20. LS. EAR). ****** Graham Avery, Aviation 3 Trebeck Street, For all items subject to the Presumption of denial ...... 84 FR [INSERT FR PAGE Mayfair, London, United Kingdom W1J7 EAR. (See § 744.11 of the NUMBER] 9/22/20. LS. EAR). ******

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

License License Federal Register Country Entity requirement review policy citation

PremiAir Aerospace, a.k.a., the following one For all items subject to the Presumption of denial ...... 84 FR [INSERT FR PAGE alias: EAR. (See § 744.11 of the NUMBER] 9/22/20. —Aviation International. EAR). Aviation 3 Trebeck Street, Mayfair, London, United Kingdom W1J7 LS; and Station Cottage, The Street, Nacton, Ipswich, Suf- folk, United Kingdom, IP10 0HR. ******

*******

Matthew S. Borman, ACTION: Final rule; correction. 20855, 240–402–5762, Linda.Walter- Deputy Assistant Secretary for Export [email protected]. Administration. SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: In the [FR Doc. 2020–18515 Filed 9–21–20; 8:45 am] Administration (FDA, the Agency, or Federal Register of July 29, 2020, (85 FR BILLING CODE 3510–33–P we) is correcting a final rule that published in the Federal Register of 45505), FDA published the final rule July 29, 2020. That final rule requires ‘‘Postmarketing Safety Reports for DEPARTMENT OF HEALTH AND electronic submission of certain Approved New Animal Drugs; HUMAN SERVICES postmarketing safety reports for Electronic Submission Requirements’’ approved new animal drugs and with errors in table 2. Food and Drug Administration provides a procedure for requesting a In FR Doc. 2020–15441, appearing on temporary waiver of the electronic page 45509 in the Federal Register of submission requirement. Table 2 of the 21 CFR Part 514 July 29, 2020, the following corrections final rule published with errors and this [Docket No. FDA–2017–N–6381] document corrects those errors. We are are made: RIN 0910–AH51 placing a corrected copy of the final rule in the docket. Postmarketing Safety Reports for DATES: Effective September 22, 2020. Approved New Animal Drugs; FOR FURTHER INFORMATION CONTACT: Electronic Submission Requirements; Correction Linda Walter-Grimm, Center for Veterinary Medicine (HFV–240), Food AGENCY: Food and Drug Administration, and Drug Administration, 7519 Standish HHS. Pl., MPN4, Rm. 2666, Rockville, MD

TABLE 2—EXECUTIVE ORDER 13771 SUMMARY TABLE [In 2016 Dollars over an infinite time horizon]

Primary Lower bound Upper bound Primary Lower bound Upper bound (7%) (7%) (7%) (3%) (3%) (3%)

Present Value of Costs ...... $69,720 ...... $75,346 Present Value of Cost Savings ...... 73,557 ...... 171,634 Present Value of Net Costs ...... (3,837) ...... (96,287) Annualized Costs ...... 4,880 ...... 2,260 Annualized Cost Savings ...... 5,149 ...... 5,149 Annualized Net Costs ...... (269) ...... (2,889)

Dated: August 14, 2020. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2020–18263 Filed 9–21–20; 8:45 am] BILLING CODE 4164–01–P

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DEPARTMENT OF THE TREASURY purposes, including for purposes of modifications to ensure that the determining whether a United States operation of certain rules outside of Internal Revenue Service person is a U.S. shareholder of the subpart F of subchapter N of chapter 1 foreign corporation and, therefore, of the Code (‘‘subpart F’’) are consistent 26 CFR Part 1 whether the foreign corporation is a with their application before the Act’s [TD 9908] controlled foreign corporation (within repeal of section 958(b)(4). Comments the meaning of section 957) (‘‘CFC’’). generally supported the approach of the RIN 1545–B052 On October 2, 2019, the Department proposed regulations but requested of the Treasury (‘‘Treasury additional modifications, as discussed Ownership Attribution Under Section Department’’) and the IRS published in more detail in this Summary of 958 Including for Purposes of proposed regulations (REG–104223–18) Comments and Explanation of Determining Status as Controlled relating to the repeal of section 958(b)(4) Revisions. Foreign Corporation or United States by the Act, in the Federal Register (84 Shareholder FR 52398) (the ‘‘proposed regulations’’). B. Section 267: Deduction for Certain Payments to Foreign Related Persons AGENCY: Internal Revenue Service (IRS), Additional guidance related to the Treasury. repeal of section 958(b)(4), including Section 267(a)(2) sets forth a matching relief from certain information reporting rule that generally provides that if a ACTION: Final regulations. requirements and safe harbors for payment is made to a related person and SUMMARY: This document contains final determining whether a foreign is not includible in the payee’s gross regulations relating to the modification corporation is a CFC and for income until paid, the amount is not of section 958(b) of the Internal Revenue determining certain items of a CFC allowable as a deduction to the taxpayer Code (‘‘Code’’) by the Tax Cuts and Jobs (such as taxable income and earnings until the amount is includible in the Act, which was enacted on December and profits) based on alternative gross income of the payee (‘‘general 22, 2017. This document finalizes the information, was issued along with the matching rule’’). Pursuant to regulations 1 proposed regulations published on proposed regulations. See Revenue issued under section 267(a)(3)(A), October 2, 2019. The final regulations Procedure 2019–40, 2019–43 I.R.B. 982. subject to certain exceptions, a taxpayer affect United States persons that have No public hearing on the proposed must use the cash method of accounting ownership interests in, or that make or regulations was requested or held. All of for deductions of amounts owed to a receive payments to or from, certain the written comments that were related foreign person (‘‘foreign payee foreign corporations. received by the Treasury Department rule’’). The foreign payee rule does not and the IRS in response to the proposed apply to the following amounts: (i) A DATES: Effective date: These regulations regulations are available at foreign source amount, other than are effective on September 22, 2020. interest, that is not effectively connected Applicability dates: For dates of www.regulations.gov or upon request. This Treasury decision adopts the with the conduct of a U.S. trade or applicability, see §§ 1.267(a)–3(d), proposed regulations as final regulations business; (ii) an amount, other than 1.332–8(b), 1.367(a)–8(r)(1)(i), 1.672(f)– with the modifications discussed in the interest, that is exempt from U.S. 2(e), 1.706–1(b)(6)(v)(A), 1.863–8(h), Summary of Comments and Explanation taxation pursuant to a treaty obligation 1.863–9(l), 1.904–5(o), 1.958–2(h), and of Revisions section of this preamble. of the United States; and (iii) an amount 1.6049–5(g). Comments outside of the scope of this that is effectively connected with the FOR FURTHER INFORMATION CONTACT: rulemaking are generally not addressed conduct of a U.S trade or business Christina G. Daniels, (202) 317–6934 but may be considered in connection (although payments in this clause (iii) (not a toll-free number). with future guidance. are subject to the general matching rule SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking of section 267(a)(2)). See § 1.267(a)–3(b) Background published in the Proposed Rules section and (c)(1) and (2). of this issue of the Federal Register Section 267(a)(3)(B)(i) provides that, As in effect before its repeal, section (REG–110059–20) provides regulations notwithstanding the foreign payee rule 958(b)(4) provided that section under section 954(c)(6) to ensure that in section 267(a)(3)(A), in the case of 318(a)(3)(A), (B), and (C) (providing for the operation of section 954(c)(6) is any item payable to a CFC, a deduction downward attribution) was not to be consistent with its application before is allowable to the payor for any taxable applied so as to consider a United States the Act’s repeal of section 958(b)(4). The year before the year in which the person as owning stock owned by a notice of proposed rulemaking also payment is made only to the extent that person who is not a United States modifies the regulations under section an amount attributable to the item is person (a ‘‘foreign person’’). Section 367(a) regarding the direct or indirect includible during such prior taxable 14213 of the Tax Cuts and Jobs Act, transfer of stock or securities of a year in the gross income of a United Public Law 115–97 (the ‘‘Act’’) repealed domestic corporation by a United States States person who owns (within the section 958(b)(4), effective for the last person (as defined in section meaning of section 958(a)) stock in such taxable year of foreign corporations 7701(a)(30)) to a foreign corporation to CFC (‘‘CFC payee rule’’). Under the beginning before January 1, 2018, and ensure the attribution rules are applied proposed regulations, however, an each subsequent year of the foreign consistently following the Act’s repeal amount (other than interest) that is corporations, and for the taxable years of section 958(b)(4). income of a related foreign person and of United States shareholders (as exempt from U.S. taxation pursuant to Summary of Comments and defined in section 951(b)) (‘‘U.S. a treaty obligation of the United States shareholders’’) in which or with which Explanation of Revisions such taxable years of the foreign I. Changes in Connection With Repeal of 1 In 2004, section 267(a)(3) was amended to corporations end. As a result of this Section 958(b)(4) redesignate existing section 267(a)(3) as section repeal, stock of a foreign corporation 267(a)(3)(A), and a new section 267(a)(3)(B) was A. Overview added. Public Law 108–357. The regulations in owned by a foreign person can be § 1.267(a)–3 were issued in 1993, under section attributed to a United States person The final regulations, like the 267(a)(3) as it existed at the time, currently section under section 318(a)(3) for various proposed regulations, generally make 267(a)(3)(A).

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was not subject to the CFC payee rule interest generally includes interest paid scope of this rulemaking to provide if the related foreign person is a CFC on a debt obligation that is in registered rules generally applicable to the that did not have any U.S. shareholders form but excludes, among other things, standard of diligence applicable to that owned (within the meaning of interest received by a CFC from a related withholding agents. Accordingly, the section 958(a)) stock in such CFC (a person (within the meaning of section suggestion is not adopted. ‘‘section 958(a) U.S. shareholder’’). See 864(d)(4)). See section 881(c)(2) and (3). proposed § 1.267(a)–3(c)(4). The repeal of section 958(b)(4) results in D. Section 1248: Gain From Certain A comment received shortly before foreign corporations that were Sales or Exchanges of Stock in Certain the proposed regulations were previously not CFCs (and thus Foreign Corporations published suggested that the regulations potentially eligible for the portfolio Section 1248(a) provides that certain should broadly provide that, with interest exception for interest received gain recognized on the sale or exchange respect to all payments subject to from related persons) being ineligible of stock of a foreign corporation by a section 267(a)(3), the CFC payee rule in for the exception on such interest. section 267(a)(3)(B)(i) applies only to A comment requested that the general United States person is included in the the extent a recipient CFC has one or approach of the proposed regulations to gross income of that person as a more section 958(a) U.S. shareholders exclude, where appropriate, CFCs that dividend if (i) the foreign corporation and that it should be applied without are CFCs solely as a result of the repeal was a CFC at any time during the five- regard to the repeal of section 958(b)(4). of section 958(b)(4) be extended to the year period ending on the date of the Consistent with the purpose of the portfolio interest exception so that CFCs sale or exchange, and (ii) the United general matching rule in section that were not previously CFCs could States person owned or is considered to 267(a)(2) and in order for the foreign continue to be eligible for the portfolio have owned, within the meaning of payee rule in section 267(a)(3)(A) to interest exception. The rules set forth in section 958, 10 percent or more of the apply consistently with its application the proposed regulations were all issued total combined voting power of the before the repeal of section 958(b)(4), pursuant to specific grants of regulatory foreign corporation at any time during the Treasury Department and the IRS authority, and the Treasury Department that five-year period. A comment agree that, with respect to all payments and the IRS have determined that there suggested that, consistent with the (including interest) subject to section is no statutory or regulatory authority to approach taken in the proposed 267(a)(3), the CFC payee rule in section modify the limitation on the portfolio regulations with respect to other 267(a)(3)(B)(i) should not apply if a interest exception for payments received sections, section 958(b) should be recipient CFC does not have any section by CFCs from a related person. applied without regard to the repeal of 958(a) U.S. shareholders who are Accordingly, the recommendation is not section 958(b)(4) for purposes of section required to include amounts in income adopted. 1248 to prevent unintended with respect to the CFC. However, the The comment also requested that the consequences. Treasury Department and the IRS do not Treasury Department and the IRS issue The final regulations do not adopt this agree that the CFC payee rule should be guidelines for withholding agents that comment because the Treasury applied without regard to the repeal of might not be in a position to know Department and the IRS have section 958(b)(4), because that could whether a payee was affected by the determined that section 958(b), as permit the avoidance of the CFC payee repeal of section 958(b)(4) and thus modified by the Act, should apply for rule (and the purposes of the matching might not know whether the payee purposes of section 1248. This treatment rule in general) in foreign-parented qualifies for the portfolio interest is consistent with the application of structures where a section 958(a) U.S. exception or whether the withholding section 958(b) for purposes of the shareholder is required to include agent may be required to withhold subpart F provisions, and this consistent under section 1442. The comment amounts in income with respect to a treatment is appropriate because one of posited scenarios in which a U.S. payor recipient foreign corporation that is a the types of transactions that the repeal would not necessarily have the CFC due solely to the repeal of section of section 958(b)(4) was intended to information to determine whether a 958(b)(4). Accordingly, the exception address—that is, transactions used to foreign corporation payee is a CFC and from the CFC payee rule in proposed avoid the subpart F provisions, thus would err on the side of § 1.267(a)–3(c)(4) is expanded in the including decontrolling a foreign final regulations to apply to all amounts withholding as if it were a CFC. A withholding agent is generally subsidiary to convert a CFC to a non- payable to a related foreign person that CFC—could also be used to avoid the is a CFC that does not have any section subject to an actual knowledge or reason section 1248 provisions. 958(a) U.S. shareholders. See § 1.267(a)– to know standard. See § 1.1441–7(b)(1). 3(c)(4). As a result, the foreign payee A withholding agent is considered to E. Section 1297: PFIC Asset Test rule in section 267(a)(3)(A) and the have reason to know with respect to a regulations under that section will claim relevant to withholding under The proposed regulations modified apply to those payments exempt from chapter 3 (including section 1442) if ‘‘its the definition of a CFC for purposes of the application of the CFC payee rule. knowledge of relevant facts or of section 1297(e) to disregard downward However, the CFC payee rule continues statements contained in the withholding attribution from foreign persons. See to apply to a CFC that has a section certificates or other documentation is proposed § 1.1297–1(d)(1)(iii)(A). On 958(a) shareholder even if the foreign such that a reasonably prudent person July 11, 2019, the Treasury Department corporation is a CFC due solely to the in the position of the withholding agent and the IRS published other proposed repeal of section 958(b)(4). would question the chapter 3 claims regulations (REG–105474–18) under made.’’ See § 1.1441–7(b)(2). The § 1.1297–1 in the Federal Register (84 C. Section 881(c): Portfolio Interest Treasury Department and the IRS have FR 33120) (the ‘‘PFIC proposed Section 881(c) exempts from tax concluded that this standard is regulations’’). The Treasury Department under section 881(a) U.S.-source appropriate for withholding agents, and and the IRS have decided to finalize portfolio interest received by a foreign additional rules applicable only to proposed § 1.1297–1(d)(1)(iii)(A) as part corporation (‘‘portfolio interest portfolio interest are not necessary. of the Treasury Decision finalizing the exception’’). For this purpose, portfolio Moreover, it would be outside of the PFIC proposed regulations.

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F. Section 6049: Chapter 61 Reporting corporations end, the same result Drafting Information Provisions applies before such date due to the The principal authors of the Generally, under chapter 61 of effective date of the repeal of section regulations are Karen J. Cate and subtitle F of the Code, a payor must 958(b)(4). Christina G. Daniels of the Office of report to the IRS (using the appropriate III. Effect on Other Documents Associate Chief Counsel (International). Form 1099) certain payments or However, other personnel from the transactions with respect to United Section 5.01 of Notice 2018–13 (2018– Treasury Department and the IRS States persons that are not exempt 6 I.R.B. 341) is obsolete as of September participated in the development of the recipients. The regulations under 22, 2020. regulations. chapter 61 generally provide that the List of Subjects in 26 CFR Part 1 scope of payments or transactions Statement of Availability of IRS subject to reporting under chapter 61 Documents Income taxes, Reporting and depends, in part, on whether or not the IRS Revenue Procedures, Revenue recordkeeping requirements. payor is a U.S. payor (as defined in Rulings, notices, and other guidance Amendments to the Regulations § 1.6049–5(c)(5)(i)), which generally cited in this document are published in Accordingly, 26 CFR part 1 is includes United States persons and their the Internal Revenue Bulletin and are amended as follows: foreign branches, as well as CFCs. To available from the Superintendent of mitigate the increased Form 1099 Documents, U.S. Government PART 1—INCOME TAXES reporting by foreign corporations that Publishing Office, Washington, DC may have no direct or indirect owners 20402, or by visiting the IRS website at ■ Paragraph 1. The authority citation that are United States persons, in http://www.irs.gov. for part 1 is amended by revising the accordance with the regulatory entry for § 1.267(a)–3 and adding an Special Analyses authority provided in section 6049(a), entry for § 1.332–8 in numerical order to proposed § 1.6049–5(c)(5)(i)(C) provided read as follows: that a U.S. payor includes only a CFC These regulations are not subject to that is a CFC without regard to review under section 6(b) of Executive Authority: 26 U.S.C. 7805 * * * downward attribution from a foreign Order 12866 pursuant to the * * * * * person. Memorandum of Agreement (April 11, Section 1.267(a)–3 also issued under 26 A comment requested that the 2018) between the Treasury Department U.S.C. 267(a)(3)(A) and (a)(3)(B)(ii). exception from Form 1099 reporting be and the Office of Management and * * * * * expanded to all CFCs, even if they Budget regarding review of tax Section 1.332–8 also issued under 26 U.S.C. would be CFCs without regard to the regulations. 332(d)(4). repeal of section 958(b)(4), due to the It is hereby certified that these * * * * * burden of the required reporting and the regulations will not have a significant ■ Par. 2. Section 1.267(a)–3 is amended: interaction with the requirements of economic impact on a substantial ■ 1. In paragraph (c)(2), the first local law to which CFCs are subject. number of small entities within the sentence, by removing the language ‘‘or Because the comment does not relate to meaning of section 601(6) of the (a)(3)’’. the consequences of the repeal of Regulatory Flexibility Act (5 U.S.C. ■ 2. By revising paragraph (c)(4). section 958(b)(4), it is outside of the chapter 6). The regulations do not ■ 3. In paragraph (d), by revising the scope of these regulations. As a result, impose any new costs on taxpayers. second sentence and adding five the rules in proposed § 1.6049–5 are Moreover, the regulations generally sentences at the end of the paragraph. finalized as proposed. affect CFCs and U.S. shareholders of The revisions and additions read as II. Applicability Dates CFCs. CFCs, as foreign corporations, are follows: not considered small entities. Nor are These regulations generally apply on U.S. taxpayers considered small entities § 1.267(a)–3 Deduction of amounts owed to related foreign persons. or after October 1, 2019. For taxable to the extent the taxpayers are natural years before taxable years covered by persons or entities other than small * * * * * the regulations, a taxpayer may entities. Thus, the regulations generally (c) * * * generally apply the rules set forth in the only affect small entities if a U.S. (4) Certain amounts owed to certain final regulations to the last taxable year taxpayer that is a U.S. shareholder of a controlled foreign corporations. An of a foreign corporation beginning CFC is a small entity. amount that is income of a related before January 1, 2018, and each foreign person is exempt from the subsequent taxable year of the foreign Consequently, the Treasury application of section 267(a)(3)(B)(i) if corporation, and to taxable years of U.S. Department and the IRS have the related foreign person is a controlled shareholders in which or with which determined that the regulations will not foreign corporation that does not have such taxable years of the foreign have a significant economic impact on any United States shareholders (as corporation end, provided that the a substantial number of small entities. defined in section 951(b)) that own taxpayer and United States persons that Notwithstanding this certification, the (within the meaning of section 958(a)) are related (within the meaning of Treasury Department and the IRS invite stock of the controlled foreign section 267 or 707) to the taxpayer comments on the impacts of these corporation. However, in this case, the consistently apply the relevant rule with regulations on small entities. amount is subject to the application of respect to all foreign corporations. See Pursuant to section 7805(f), the notice section 267(a)(3)(A) in the same manner section 7805(b)(7). Moreover, although of proposed rulemaking preceding this as if the related foreign person were a § 1.958–2 applies to taxable years of regulation was submitted to the Chief foreign corporation that is not a foreign corporations ending on or after Counsel for Advocacy of the Small controlled foreign corporation. October 1, 2019, and taxable years of Business Administration for comment (d) * * * Except as otherwise U.S. shareholders in which or with on its impact on small business. No provided in this paragraph (d), the which such taxable years of foreign comments were received. regulations in this section issued under

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section 267 apply to all other deductible before October 22, 2004, see § 1.267(a)– than distributions in complete amounts that are incurred after July 31, 3(c)(4), as contained in 26 CFR part 1, liquidation occurring before October 1, 1989, but do not apply to amounts that revised as of April 1, 2004. 2019, that result from an entity are incurred pursuant to a contract that ■ Par. 3. Section 1.332–8 is added to classification election made under was binding on September 29, 1983, and read as follows: § 301.7701–3 of this chapter that is filed at all times thereafter (unless the on or after October 1, 2019, a taxpayer contract was renegotiated, extended, § 1.332–8 Recognition of gain on may apply this section to distributions renewed, or revised after that date). liquidation of certain holding companies. in complete liquidation occurring Paragraph (c)(2) of this section applies (a) Definition of controlled foreign during the last taxable year of a to payments accrued on or after October corporation. For purposes of section distributee foreign corporation 22, 2004. For payments accrued before 332(d)(3), a controlled foreign beginning before January 1, 2018, and October 22, 2004, see § 1.267(a)–3(c)(2), corporation has the meaning provided each subsequent taxable year of the as contained in 26 CFR part 1, revised in section 957, determined without foreign corporation, provided that the as of April 1, 2004. Paragraph (c)(4) of applying section 318(a)(3)(A), (B), and taxpayer and United States persons that this section applies to payments accrued (C) so as to consider a United States are related (within the meaning of on or after October 1, 2019. For person as owning stock which is owned section 267 or 707) to the taxpayer payments accrued before October 1, by a person who is not a United States consistently apply this section with 2019, a taxpayer may apply paragraph person. respect to all foreign corporations. (c)(4) of this section for payments (b) Applicability date. This section ■ Par. 4. Section 1.367(a)-8 is amended: accrued during the last taxable year of applies to distributions in complete ■ a foreign corporation beginning before liquidation occurring on or after October 1. In paragraph (k)(14)(ii), by revising January 1, 2018, and each subsequent 1, 2019, and to distributions in complete the second sentence. taxable year of the foreign corporation, liquidation occurring before October 1, ■ 2. In paragraph (p)(3), by designating provided that the taxpayer and United 2019, that result from an entity Examples 1 through 4 as paragraphs States persons that are related (within classification election made under (p)(3)(i) through (iv), respectively. the meaning of section 267 or 707) to § 301.7701–3 of this chapter that is filed ■ 3. In newly redesignated paragraphs the taxpayer consistently apply such on or after October 1, 2019. For (p)(3)(i) through (iv), by redesignating paragraph with respect to all foreign distributions in complete liquidation the paragraphs in the first column as the corporations. For payments accrued occurring before October 1, 2019, other paragraphs in the second column:

Old paragraphs New paragraphs

(p)(3)(i)(i) and (ii) ...... (p)(3)(i)(A) and (B). (p)(3)(ii)(i) and (ii) ...... (p)(3)(ii)(A) and (B). (p)(3)(iii)(i) and (ii) ...... (p)(3)(iii)(A) and (B). (p)(3)(iv)(i) and (ii) ...... (p)(3)(iv)(A) and (B).

■ 4. In each newly redesignated column and adding in its place the paragraph listed in the first column, by language in the third column: removing the language in the second

Paragraph Remove Add

(p)(3)(i)(B) ...... this Example 1 ...... in paragraph (p)(3)(i)(A) of this section (the facts of this Example 1). (p)(3)(ii)(B) ...... this Example 2 ...... in paragraph (p)(3)(ii)(A) of this section (the facts of this Example 2).

■ 5. In paragraph (q)(2), by removing the paragraph (k)(14)(ii) of this section)’’ in ■ 7. In newly redesignated paragraphs language ‘‘at least 5% (applying the its place. (q)(2)(i) through (xxv), by redesignating attribution rules of section 318, as ■ 6. In paragraph (q)(2), by designating the paragraphs in the first column as the modified by section 958(b))’’ wherever it Examples 1 through 25 as paragraphs paragraphs in the second column: appears and adding the language ‘‘at (q)(2)(i) through (xxv), respectively. least 5% (determined as provided in

Old paragraphs New paragraphs

(q)(2)(i)(i) and (ii) ...... (q)(2)(i)(A) and (B). (q)(2)(ii)(i) and (ii) ...... (q)(2)(ii)(A) and (B). (q)(2)(ii)(B)(A) and (B) ...... (q)(2)(ii)(B)(1) and (2). (q)(2)(iii)(i) and (ii) ...... (q)(2)(iii)(A) and (B). (q)(2)(iv)(i) and (ii) ...... (q)(2)(iv)(A) and (B). (q)(2)(iv)(B)(A) and (B) ...... (q)(2)(iv)(B)(1) and (2). (q)(2)(iv)(B)(2)(1) through (3) ...... (q)(2)(iv)(B)(2)(i) through (iii). (q)(2)(v)(i) and (ii) ...... (q)(2)(v)(A) and (B). (q)(2)(vi)(i) through (iii) ...... (q)(2)(vi)(A) through (C). (q)(2)(vi)(B)(A) and (B) ...... (q)(2)(vi)(B)(1) and (2). (q)(2)(vi)(B)(2)(1) through (3) ...... (q)(2)(vi)(B)(2)(i) through (iii).

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Old paragraphs New paragraphs

(q)(2)(vii)(i) and (ii) ...... (q)(2)(vii)(A) and (B). (q)(2)(viii)(i) and (ii) ...... (q)(2)(viii)(A) and (B). (q)(2)(ix)(i) and (ii) ...... (q)(2)(ix)(A) and (B). (q)(2)(x)(i) and (ii) ...... (q)(2)(x)(A) and (B). (q)(2)(x)(B)(A) through (C) ...... (q)(2)(x)(B)(1) through (3). (q)(2)(xi)(i) through (iii) ...... (q)(2)(xi)(A) through (C). (q)(2)(xii)(i) and (ii) ...... (q)(2)(xii)(A) and (B). (q)(2)(xii)(B)(A) through (C) ...... (q)(2)(xii)(B)(1) through (3). (q)(2)(xiii)(i) and (ii) ...... (q)(2)(xiii)(A) and (B). (q)(2)(xiv)(i) and (ii) ...... (q)(2)(xiv)(A) and (B). (q)(2)(xiv)(B)(A) and (B) ...... (q)(2)(xiv)(B)(1) and (2). (q)(2)(xv)(i) and (ii) ...... (q)(2)(xv)(A) and (B). (q)(2)(xvi)(i) and (ii) ...... (q)(2)(xvi)(A) and (B). (q)(2)(xvii)(i) and (ii) ...... (q)(2)(xvii)(A) and (B). (q)(2)(xvii)(B)(A) through (C) ...... (q)(2)(xvii)(B)(1) through (3). (q)(2)(xvii)(B)(3)(1) through (3) ...... (q)(2)(xvii)(B)(3)(i) through (iii). (q)(2)(xviii)(i) and (ii) ...... (q)(2)(xviii)(A) and (B). (q)(2)(xix)(i) and (ii) ...... (q)(2)(xix)(A) and (B). (q)(2)(xx)(i) through (vi) ...... (q)(2)(xx)(A) through (F). (q)(2)(xx)(B)(A) and (B) ...... (q)(2)(xx)(B)(1) and (2). (q)(2)(xx)(B)(1)(1) and (2) ...... (q)(2)(xx)(B)(1)(i) and (ii). (q)(2)(xxi)(i) and (ii) ...... (q)(2)(xxi)(A) and (B). (q)(2)(xxi)(B)(A) through (C) ...... (q)(2)(xxi)(B)(1) through (3). (q)(2)(xxii)(i) through (iii) ...... (q)(2)(xxii)(A) through (C). (q)(2)(xxii)(B)(A) through (C) ...... (q)(2)(xxii)(B)(1) through (3). (q)(2)(xxii)(C)(A) through (C) ...... (q)(2)(xxii)(C)(1) through (3). (q)(2)(xxiii)(i) through (iv) ...... (q)(2)(xxiii)(A) through (D). (q)(2)(xxiii)(B)(A) through (D) ...... (q)(2)(xxiii)(B)(1) through (4). (q)(2)(xxiii)(C)(A) and (B) ...... (q)(2)(xxiii)(C)(1) and (2). (q)(2)(xxiv)(i) and (ii) ...... (q)(2)(xxiv)(A) and (B). (q)(2)(xxv)(i) and (ii) ...... (q)(2)(xxv)(A) and (B)

■ 8. In each newly redesignated column and adding in its place the paragraph listed in the first column, by language in the third column: removing the language in the second

Paragraph Remove Add

(q)(2)(ii)(B)(2) ...... paragraph (ii)(A) of this Example 2 ...... paragraph (q)(2)(ii)(B)(1) of this section (paragraph (1) in the results in this Example 2). (q)(2)(iv)(B)(2)(i) ...... paragraph (ii)(A) of this Example 4 ...... paragraph (q)(2)(iv)(B)(1) of this section (paragraph (1) in the results in this Example 4). (q)(2)(vi)(B)(1) ...... paragraph (ii)(B) of this Example 6 ...... paragraph (q)(2)(vi)(B)(2) of this section (paragraph (2) in the results in this Example 6). (q)(2)(vi)(C) ...... paragraph (i) of this Example 6 ...... paragraph (q)(2)(vi)(A) of this section (the facts in this Example 6). (q)(2)(xi)(C) ...... paragraph (i) of this Example 11 ...... paragraph (q)(2)(xi)(A) of this section (the facts in this Example 11). (q)(2)(xx)(C) ...... paragraph (i) of this Example 20 ...... paragraph (q)(2)(xx)(A) of this section (the facts in this Example 20). (q)(2)(xx)(C) ...... paragraph (ii) of this Example 20 ...... paragraph (q)(2)(xx)(B) of this section (the results in this Example 20). (q)(2)(xx)(D) ...... paragraph (i) of this Example 20 ...... paragraph (q)(2)(xx)(A) of this section (the facts in this Example 20). (q)(2)(xx)(D) ...... paragraph (ii) of this Example 20 ...... paragraph (q)(2)(xx)(B) of this section (the facts in this Example 20). (q)(2)(xx)(E) ...... paragraph (i) of this Example 20 ...... paragraph (q)(2)(xx)(A) of this section (the facts in this Example 20). (q)(2)(xx)(F) ...... paragraph (i) of this Example 20 ...... paragraph (q)(2)(xx)(A) of this section (the facts in this Example 20). (q)(2)(xxii)(C) introductory in paragraph (i) of this Example 22 ...... paragraph (q)(2)(xxii)(A) of this section (the facts in this text. Example 22). (q)(2)(xxiii)(C) introductory paragraph (i) of this Example 23 ...... paragraph (q)(2)(xxiii)(A) of this section (the facts in this text. Example 23). (q)(2)(xxiii)(C) introductory paragraph (ii) of this Example 23 ...... paragraph (q)(2)(xxiii)(B) of this section (the results in text. this Example 23). (q)(2)(xxiii)(D) ...... paragraph (i) of this Example 23 ...... paragraph (q)(2)(xxiii)(A) of this section (the facts in this Example 23). (q)(2)(xxiv)(A) ...... in paragraph (i) of Example 6 ...... paragraph (q)(2)(vi)(A) of this section (the facts in Ex- ample 6)

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■ 9. In each paragraph listed in the first the second column and adding in its column, by removing the language in place the language in the third column:

Paragraph Remove Add

(c)(1)(ii) ...... (q)(2) of this section, Example 6 ...... (q)(2)(vi) of this section. (c)(4)(iv) ...... paragraph (q)(2) of this section, Examples 1, 2, 3, and paragraphs (q)(2)(i), (ii), (iii), and (v) of this section. 5. (j)(1) ...... (q)(2) of this section, Example 2 ...... (q)(2)(ii) of this section. (k)(1) introductory text ...... (q)(2) of this section, Example 4 ...... (q)(2)(iv) of this section. (k)(1)(ii) ...... (q)(2) of this section, Example 3 ...... (q)(2)(iii) of this section. (k)(1)(iii) ...... (q)(2) of this section, Example 11 ...... (q)(2)(xi) of this section. (k)(6)(i) ...... (q)(2) of this section, Example 5 ...... (q)(2)(v) of this section. (k)(6)(i) ...... (q)(2) of this section, Example 6 ...... (q)(2)(vi) of this section. (k)(6)(ii) ...... (q)(2) of this section, Example 7 ...... (q)(2)(vii) of this section. (k)(6)(iii) ...... (q)(2) of this section, Example 8 ...... (q)(2)(viii) of this section. (k)(8) ...... (q)(2) of this section, Example 9 ...... (q)(2)(ix) of this section. (k)(12)(i) ...... (q)(2) of this section, Example 20 ...... (q)(2)(xx) of this section. (k)(14) introductory text ...... paragraph (q)(2), Examples 4, 6, 10, 12, 17, 21, and 23 paragraphs (q)(2)(iv), (vi), (x), (xii), (xvii), (xxi), and of this section. (xxiii) of this section. (m)(1) ...... (q)(2) of this section, Example 13 ...... (q)(2)(xiii) of this section. (n)(1) ...... (q)(2) of this section, Example 14 ...... (q)(2)(xiv) of this section. (o)(1)(ii) ...... (q)(2) of this section, Example 15 ...... (q)(2)(xv) of this section. (o)(1)(iii) introductory text ..... (q)(2) of this section, Example 16 ...... (q)(2)(xvi) of this section. (o)(5)(i)(A) ...... (q)(2) of this section, Example 18 ...... (q)(2)(xviii) of this section. (o)(5)(i)(B) ...... (q)(2) of this section, Example 19 ...... (q)(2)(xix) of this section. (o)(5)(i)(C) ...... (q)(2) of this section, Example 22 ...... (q)(2)(xxii) of this section. (o)(5)(i)(D) ...... (q)(2) of this section, Example 22 ...... (q)(2)(xxii) of this section. (o)(6) ...... (q)(2) of this section, Example 20 ...... (q)(2)(xx) of this section. (r)(2)(i) ...... paragraph (q)(2) of this section, Examples 24 and 25 ... paragraphs (q)(2)(xxiv) and (xxv) of this section

■ 10. By revising the paragraph (r) this chapter that is filed on or after paragraph (b) of this section, if the subject heading. October 1, 2019. For transfers occurring owner of any portion of a trust upon ■ 11. In paragraph (r)(1)(i), by adding before October 1, 2019, other than application of the grantor trust rules three sentences at the end of the transfers occurring before October 1, without regard to section 672(f) is a paragraph. 2019, that result from an entity controlled foreign corporation or a The revisions and addition read as classification election made under passive foreign investment company (as follows: § 301.7701–3 of this chapter that is filed defined in section 1297), the on or after October 1, 2019, a taxpayer corporation is treated as a domestic § 1.367(a)–8 Gain recognition agreement may apply paragraph (k)(14)(ii) of this requirements. corporation for purposes of applying the section to transfers occurring during the rules of § 1.672(f)-1. For purposes of this * * * * * last taxable year of a transferee foreign section, a controlled foreign corporation (k) * * * corporation beginning before January 1, has the meaning provided in section (14) * * * 2018, and each subsequent taxable year 957, determined without applying (ii) * * * If, as a result of the of the foreign corporation, provided that section 318(a)(3)(A), (B), and (C) so as to disposition or other event, a foreign the taxpayer and United States persons consider a United States person as corporation acquires the transferred that are related (within the meaning of owning stock which is owned by a stock or securities or, as applicable, section 267 or 707) to the taxpayer person who is not a United States substantially all the assets of the consistently apply such paragraph with person. transferred corporation, the condition of respect to all foreign corporations. For * * * * * this paragraph (k)(14)(ii) is satisfied transfers occurring before October 1, only if the U.S. transferor owns at least 2019, other than transfers occurring (e) Applicability dates. Except as five percent (applying the attribution before October 1, 2019, that result from provided in this paragraph (e), the rules rules of section 318, as modified by an entity classification election made of this section apply to taxable years of section 958(b) but without applying under § 301.7701–3 of this chapter that shareholders of controlled foreign section 318(a)(3)(A), (B), and (C) so as to is filed on or after October 1, 2019, corporations and passive foreign consider the U.S. transferor as owning where the taxpayer does not apply investment companies beginning after stock which is owned by a person who paragraph (k)(14)(ii) of this section as August 10, 1999, and taxable years of is not a United States person) of the described in the preceding sentence, see controlled foreign corporations and total voting power and the total value of paragraph (k)(14)(ii) of this section as in passive foreign investment companies the outstanding stock of such foreign effect and contained in 26 CFR part 1, ending with or within such taxable corporation. as revised April 1, 2020. years of the shareholders. The * * * * * * * * * * provisions in paragraph (a) of this (r) Applicability dates—(1) * * * ■ Par. 5. Section 1.672(f)–2 is amended section relating to the controlled foreign (i) * * * Paragraph (k)(14)(ii) of this by revising paragraphs (a) and (e) to corporations taken into account for section applies to transfers occurring on read as follows: purposes of this section apply to taxable or after October 1, 2019, and to transfers years of foreign corporations ending on occurring before October 1, 2019, that § 1.672(f)–2 Certain foreign corporations. or after October 1, 2019, and taxable result from an entity classification (a) Application of general rule in this years of United States shareholders in election made under § 301.7701–3 of section. Subject to the provisions of which or with which such taxable years

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of foreign corporations end. For taxable relating to controlled foreign section applies to taxable years years of foreign corporations ending corporations apply to taxable years of beginning on or after December 27, before October 1, 2019, and taxable foreign corporations ending on or after 2006. The provisions in paragraph years of United States shareholders in October 1, 2019, and taxable years of (b)(2)(ii) of this section relating to the which or with which such taxable years United States shareholders in which or meaning of a CFC apply to taxable years of foreign corporations end, a taxpayer with which such taxable years of foreign of foreign corporations ending on or may apply such provisions to the last corporations end. For taxable years of after October 1, 2019. For taxable years taxable year of a foreign corporation foreign corporations ending before of foreign corporations ending before beginning before January 1, 2018, and October 1, 2019, and taxable years of October 1, 2019, a taxpayer may apply each subsequent taxable year of the United States shareholders in which or such provisions to the last taxable year foreign corporation, and to taxable years with which such taxable years of foreign of a foreign corporation beginning of United States shareholders in which corporations end, a taxpayer may apply before January 1, 2018, and each or with which such taxable years of the such provisions to the last taxable year subsequent taxable year of the foreign foreign corporation end, provided that of a foreign corporation beginning corporation, provided that the taxpayer the taxpayer and United States persons before January 1, 2018, and each and United States persons that are that are related (within the meaning of subsequent taxable year of the foreign related (within the meaning of section section 267 or 707) to the taxpayer corporation, and to taxable years of 267 or 707) to the taxpayer consistently consistently apply such provisions with United States shareholders in which or apply such provisions with respect to respect to all foreign corporations. For with which such taxable years of the all foreign corporations. For taxable taxable years of foreign corporations foreign corporation end, provided that years of foreign corporations ending ending before October 1, 2019, and the taxpayer and United States persons before October 1, 2019, where the taxable years of United States that are related (within the meaning of taxpayer does not apply the provisions shareholders in which or with which section 267 or 707) to the taxpayer of paragraph (b)(2)(ii) of this section such taxable years of foreign consistently apply such provisions with relating to the meaning of a CFC, see corporations end, where the taxpayer respect to all foreign corporations. For paragraph (b)(2)(ii) of this section as in does not apply the provisions of taxable years of foreign corporations effect and contained in 26 CFR part 1, paragraph (a) of this section relating to ending before October 1, 2019, and as revised April 1, 2020. controlled foreign corporations, see taxable years of United States ■ Par. 8. Section 1.863–9 is amended by paragraph (a) of this section as in effect shareholders in which or with which revising paragraphs (b)(2)(ii) and (l) to and contained in 26 CFR part 1, as such taxable years of foreign read as follows: revised April 1, 2020. corporations end, where the taxpayer § 1.863–9 Source of income derived from ■ Par. 6. Section 1.706–1 is amended: does not apply the provisions of communications activity under section ■ 1. By revising paragraph (b)(6)(ii). paragraph (b)(6)(ii) of this section 863(a), (d), and (e). ■ 2. By revising the paragraph (b)(6)(v) relating to controlled foreign * * * * * subject heading. corporations, see paragraph (b)(6)(ii) of (b) * * * ■ 3. In paragraph (b)(6)(v)(A), by this section as in effect and contained in (2) * * * revising the first sentence and adding 26 CFR part 1, as revised April 1, 2020. (ii) International communications three sentences after the first sentence. *** income derived by a controlled foreign The revisions and addition read as * * * * * corporation. International follows: ■ Par. 7. Section 1.863–8 is amended: communications income derived by a § 1.706–1 Taxable years of partner and ■ 1. In paragraph (b)(2)(ii), by revising controlled foreign corporation (CFC) is partnership. the first sentence and adding a sentence one-half from sources within the United * * * * * at the end of the paragraph. States and one-half from sources (b) * * * ■ 2. By revising paragraph (h). without the United States. For purposes (6) * * * The revisions and addition read as of this section, a CFC has the meaning (ii) Definition of foreign partner. For follows: provided in section 957, determined purposes of this paragraph (b)(6), a without applying section 318(a)(3)(A), foreign partner is any partner that is not § 1.863–8 Source of income derived from (B), and (C) so as to consider a United a United States person (as defined in space and ocean activity under section States person as owning stock which is section 7701(a)(30)), except that a 863(d). owned by a person who is not a United partner that is a controlled foreign * * * * * States person. corporation (within the meaning of (b) * * * * * * * * section 957(a)) in which a United States (2) * * * (l) Applicability dates. Except as shareholder (as defined in section (ii) * * * Space and ocean income otherwise provided in this paragraph (l), 951(b)) owns (within the meaning of derived by a controlled foreign this section applies to taxable years section 958(a)) stock is not treated as a corporation (CFC) is income from beginning on or after December 27, foreign partner. sources within the United States. * * * 2006. The provisions in paragraph * * * * * For purposes of this section, a CFC has (b)(2)(ii) of this section relating to the (v) Applicability dates—(A) * * * the meaning provided in section 957, meaning of a CFC apply to taxable years The provisions of this paragraph (b)(6) determined without applying section of foreign corporations ending on or (other than paragraph (b)(6)(iii) of this 318(a)(3)(A), (B), and (C) so as to after October 1, 2019. For taxable years section and paragraph (b)(6)(ii) of this consider a United States person as of foreign corporations ending before section to the extent described in the owning stock which is owned by a October 1, 2019, a taxpayer may apply next sentence) apply to partnership person who is not a United States such provisions to the last taxable year taxable years, other than those of an person. of a foreign corporation beginning existing partnership, that begin on or * * * * * before January 1, 2018, and each after July 23, 2002. The provisions in (h) Applicability dates. Except as subsequent taxable year of the foreign paragraph (b)(6)(ii) of this section provided in this paragraph (h), this corporation, provided that the taxpayer

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and United States persons that are before January 1, 2018, and each foreign corporations ending before related (within the meaning of section subsequent taxable year of the foreign October 1, 2019, and taxable years of 267 or 707) to the taxpayer consistently corporation, and to taxable years of United States shareholders in which or apply such provisions with respect to United States shareholders in which or with which such taxable years of foreign all foreign corporations. For taxable with which such taxable years of the corporations end, a taxpayer may apply years of foreign corporations ending foreign corporation end, provided that such provisions to the last taxable year before October 1, 2019, where the the taxpayer and United States persons of a foreign corporation beginning taxpayer does not apply the provisions that are related (within the meaning of before January 1, 2018, and each of paragraph (b)(2)(ii) of this section section 267 or 707) to the taxpayer subsequent taxable year of the foreign relating to the meaning of a CFC, see consistently apply such provisions with corporation, and to taxable years of paragraph (b)(2)(ii) of this section as in respect to all foreign corporations. For United States shareholders in which or effect and contained in 26 CFR part 1, taxable years of foreign corporations with which such taxable years of the as revised April 1, 2020. ending before October 1, 2019, and foreign corporation end, provided that ■ Par. 9. Section 1.904–5 is amended by taxable years of United States persons the taxpayer and United States persons revising paragraph (a)(4)(i), the first ending before October 1, 2019, where that are related (within the meaning of sentence of paragraph (a)(4)(vi), and the taxpayer does not apply the section 267 or 707) to the taxpayer paragraph (o) to read as follows: provisions of paragraphs (a)(4)(i) and consistently apply such provisions with (vi) of this section, see paragraphs respect to all foreign corporations. For § 1.904–5 Look-through rules as applied to (a)(4)(i) and (vi) of this section as in taxable years of foreign corporations controlled foreign corporations and other effect and contained in 26 CFR part 1, ending before October 1, 2019, and entities. as revised April 1, 2020. taxable years of United States (a) * * * ■ Par. 10. Section 1.958–2 is amended: shareholders in which or with which (4) * * * ■ 1. By removing and reserving such taxable years of foreign (i) The term controlled foreign paragraph (d)(2). corporations end, where the taxpayer corporation has the meaning given such ■ 2. In paragraph (g), by designating does not apply the provisions of term by section 957 (taking into account Examples 1 through 6 as paragraphs paragraphs (d)(2) and (g)(4) of this the special rule for certain captive (g)(1) through (6), respectively. section, see paragraph (d)(2) and (g)(4) insurance companies contained in ■ 3. In newly designated paragraphs of this section as in effect and contained section 953(c)), determined without (g)(1) and (2), by removing the language in 26 CFR part 1, as revised April 1, applying section 318(a)(3)(A), (B), and ‘‘paragraph (c)(1)(iii) and (2) of this 2020. (C) so as to consider a United States section’’ and adding the language ■ Par. 11. Section 1.6049–5 is amended person as owning stock which is owned ‘‘paragraphs (c)(1)(iii) and (c)(2) of this by revising paragraphs (c)(5)(i)(C) and by a person who is not a United States section’’ in its place. (g) to read as follows: person. ■ 4. By revising newly designated § 1.6049–5 Interest and original issue * * * * * paragraph (g)(4). ■ 5. In paragraph (h), by adding three discount subject to reporting after (vi) The term United States December 31, 1982. shareholder has the meaning given such sentences to the end of the paragraph. ■ * * * * * term by section 951(b) (taking into 6. By removing the parenthetical authority citation at the end of the (c) * * * account the special rule for certain (5) * * * captive insurance companies contained section. The revisions and additions read as (i) * * * in section 953(c)), determined without (C) A controlled foreign corporation follows: applying section 318(a)(3)(A), (B), and within the meaning of section 957, (C) so as to consider a United States § 1.958–2 Constructive ownership of determined without applying section person as owning stock which is owned stock. 318(a)(3)(A), (B), and (C) so as to by a person who is not a United States * * * * * consider a United States person as person, except that for purposes of this (g) * * * owning stock which is owned by a section, a United States shareholder (4) Example 4. Foreign corporation U person who is not a United States includes any member of the controlled owns 100 percent of the one class of person. group of the United States shareholder. stock in domestic corporation V and * * * * * *** also 100 percent of the one class of stock (g) Applicability dates. Except as * * * * * in foreign corporation W. Because more otherwise provided in this paragraph (o) Applicability dates. Except as than 50 percent in value of the stock of (g), this section applies to payments otherwise provided in this paragraph V Corporation is owned by its sole made on or after January 6, 2017. For (o), this section is applicable for taxable shareholder, U Corporation, V payments made after June 30, 2014, and years that both begin after December 31, Corporation is considered under before January 6, 2017, see this section 2017, and end on or after December 4, paragraph (d)(1)(iii) of this section as as in effect and contained in 26 CFR 2018. Paragraphs (a)(4)(i) and (vi) of this owning the stock owned by U part 1, as revised April 1, 2016. For section are applicable for taxable years Corporation in W Corporation, and payments made after December 31, of foreign corporations ending on or accordingly is a United States 2000, and before July 1, 2014, see this after October 1, 2019, and taxable years shareholder of W Corporation. section as in effect and contained in 26 of United States persons ending on or * * * * * CFR part 1, as revised April 1, 2013. after October 1, 2019. For taxable years (h) * * * Paragraphs (d)(2) and (g)(4) Paragraph (c)(5)(i)(C) of this section of foreign corporations ending before of this section apply to taxable years of applies to payments made on or after October 1, 2019, and taxable years of foreign corporations ending on or after October 1, 2019. For payments made United States persons ending before October 1, 2019, and taxable years of before October 1, 2019, a taxpayer may October 1, 2019, a taxpayer may apply United States shareholders in which or apply paragraph (c)(5)(i)(C) of this such provisions to the last taxable year with which such taxable years of foreign section for payments during the last of a foreign corporation beginning corporations end. For taxable years of taxable year of a foreign corporation

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beginning before January 1, 2018, and the internet and will be publicly rulemaking (NPRM) dated May 22, each subsequent taxable year of the available only in hard copy form. 2020. See 85 FR 31112. Comments were foreign corporation, provided that the Publicly available docket materials can due on the May 22, 2020, NPRM by June taxpayer and United States persons that either be retrieved electronically via 22, 2020. No comments were received are related (within the meaning of www.regulations.gov or in hard copy at on the proposed action. section 267 or 707) to the taxpayer the Air Regulatory Management Section, These changes clarify eligibility for consistently apply such paragraph with Air Planning and Implementation sources in certain counties to bank and respect to all foreign corporations. For Branch, Air and Radiation Division, create ERCs. These changes also make payments made before October 1, 2019, U.S. Environmental Protection Agency, paragraph 391–3–1–.03(13)(a) consistent where the taxpayer does not apply the Region 4, 61 Forsyth Street SW, Atlanta, with current provisions under the provisions of paragraph (c)(5)(i)(C) of Georgia 30303–8960. EPA requests that State’s Nonattainment New Source this section, see paragraph (c)(5)(i)(C) of if at all possible, you contact the person Review permitting program.4 EPA also this section as in effect and contained in listed in the FOR FURTHER INFORMATION notes that the ERC program is a 26 CFR part 1, as revised April 1, 2020. CONTACT section to schedule your flexibility tool used by States and inspection. The Regional Office’s affected sources to comply with Sunita Lough, official hours of business are Monday Deputy Commissioner for Services and otherwise applicable requirements and through Friday 8:30 a.m. to 4:30 p.m., is not expected to impact emissions in Enforcement. excluding Federal holidays. Approved: July 24, 2020 the State. Therefore, EPA concludes that FOR FURTHER INFORMATION CONTACT: David J. Kautter, these changes are consistent with the Pearlene Williams, Air Regulatory CAA and applicable EPA regulations.5 Assistant Secretary for the Treasury (Tax Management Section, Air Planning and Policy). Implementation Branch, Air and II. Incorporation by Reference [FR Doc. 2020–17549 Filed 9–21–20; 8:45 am] Radiation Division, U.S. Environmental In this rule, EPA is finalizing BILLING CODE 4830–01–P Protection Agency, Region 4, 61 Forsyth regulatory text that includes Street SW, Atlanta, Georgia 30303–8960. incorporation by reference. In Ms. Williams can be reached via accordance with requirements of 1 CFR ENVIRONMENTAL PROTECTION telephone at (404) 562–9144 or via 51.5, EPA is finalizing the incorporation AGENCY electronic mail at williams.pearlene@ by reference of Georgia Rule 391–3–1– epa.gov. 40 CFR Part 52 .03(13), entitled ‘‘Emission Reduction SUPPLEMENTARY INFORMATION: Credits,’’ effective September 26, 2019,6 [EPA–R04–OAR–2020–0072; FRL–10013– to clarify which sources in which areas 73–Region 4] I. Background of the State are eligible to create and The Georgia Environmental Protection bank emission reduction credits. EPA Air Plan Approval; Georgia: Emission Division (GA EPD) submitted a revision Reduction Credits has made, and will continue to make, to its SIP in a letter dated October 18, these materials generally available 2019,1 modifying Rule 391–3–1–.03(13), AGENCY: Environmental Protection through www.regulations.gov and at the Emission Reduction Credits,2 in the Agency (EPA). EPA Region 4 Office (please contact the State’s air permitting rules. This ACTION: Final rule. person identified in the FOR FURTHER submittal revises the counties in which INFORMATION CONTACT section of this SUMMARY: sources may create emission reduction The Environmental Protection preamble for more information). credits (ERCs). This change aligns Agency (EPA) is taking final action to Therefore, these materials have been Georgia’s ERC program with the current approve a State Implementation Plan approved by EPA for inclusion in the status of counties designated (SIP) revision submitted by the State of SIP, have been incorporated by nonattainment or contributing to a Georgia in a letter dated October 18, reference by EPA into that plan, are nonattainment area. 2019. The SIP revision updates fully federally enforceable under Georgia’s rule entitled Emission Georgia’s October 18, 2019, SIP submittal revises the counties listed in sections 110 and 113 of the CAA as of Reduction Credits which establishes a the effective date of the final rulemaking program for sources in specified Rule 391–3–1–.03(13)(a) to ensure that only sources in counties currently of EPA’s approval, and will be counties to apply for credits for incorporated by reference by the voluntary emissions reductions. EPA designated nonattainment—and counties 3 contributing to the ambient Director of the Federal Register in the has evaluated Georgia’s submittal and next update to the SIP compilation.7 determined that it meets the applicable air quality in the nonattainment area— requirements of the Clean Air Act (CAA may participate in the ERC program. 4 or Act) and EPA regulations. The details of the submittal and EPA’s See 85 FR 2646 (January 16, 2020). rationale for approving the changes are 5 EPA has also concluded that these changes are DATES: This rule is effective October 22, consistent with applicable guidance on emissions 2020. discussed in a notice of proposed trading, including EPA’s ‘‘Emissions Trading Policy ADDRESSES: EPA has established a Statement; General Principles for Creation, Banking 1 EPA notes the Agency received the submittal on and Use of Emission Reduction Credits.’’ See 51 FR docket for this action under Docket October 24, 2019. 43814 (December 4, 1986). Identification No. EPA–R04–OAR– 2 EPA notes that the Agency received several 6 Specifically, in this action, EPA is incorporating 2020–0072. All documents in the docket submittals revising the Georgia SIP transmitted with by reference subsections (a), (d), and (h) of Rule are listed on the www.regulations.gov the same October 18, 2019, cover letter. EPA is 391–3–1–.03(13) with a state-effective date of considering action for these other SIP revisions in September 26, 2019. EPA previously approved and website. Although listed in the index, separate rulemakings. incorporated by reference subsection (f) with a some information is not publicly 3 The NPRM dated May 22, 2020 (85 FR 31112) state-effective date of July 18, 2001, and subsections available, i.e., Confidential Business incorrectly included Rockdale county in the list of (b), (c), (e), (g), and (i) with a state-effective date of Information or other information whose five counties being moved from 391–3–1– February 6, 2000; those prior approvals are not .03(13)(a)2 to (a)3. The correct list of counties being impacted by this action. EPA has included a disclosure is restricted by statute. moved in this action includes Barrow, Carroll, Hall, clarifying explanation to this effect in the entry for Certain other material, such as Spalding, and Walton. Rockdale county remains in Rule 391–3–1–.03(13) at 40 CFR 52.570(c). copyrighted material, is not placed on the list of counties under (a)2. 7 See 62 FR 27968 (May 22, 1997).

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III. Final Action affect small governments, as described the Federal Register. A major rule EPA is approving the Georgia SIP in the Unfunded Mandates Reform Act cannot take effect until 60 days after it of 1995 (Pub. L. 104–4); is published in the Federal Register. revision with changes to Regulation • 391–3–1–.03(13), Emission Reduction Does not have Federalism This action is not a ‘‘major rule’’ as Credits, submitted October 18, 2019, to implications as specified in Executive defined by 5 U.S.C. 804(2). clarify which sources in which areas are Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA, 1999); petitions for judicial review of this eligible to create, bank, transfer, or use • ERCs for Nitrogen Oxides and Volatile Is not an economically significant action must be filed in the United States Organic Compounds, corresponding to regulatory action based on health or Court of Appeals for the appropriate the counties that are either currently in safety risks subject to Executive Order circuit by November 23, 2020. Filing a 13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the nonattainment or contributing to the • current nonattainment area. EPA has Is not a significant regulatory action Administrator of this final rule does not concluded that the SIP revision is subject to Executive Order 13211 (66 FR affect the finality of this action for the consistent with the CAA and EPA’s 28355, May 22, 2001); purposes of judicial review nor does it • Is not subject to requirements of federal regulations. extend the time within which a petition Section 12(d) of the National for judicial review may be filed, and IV. Statutory and Executive Order Technology Transfer and Advancement shall not postpone the effectiveness of Reviews Act of 1995 (15 U.S.C. 272 note) because such rule or action. This action may not Under the CAA, the Administrator is application of those requirements would be challenged later in proceedings to required to approve a SIP submission be inconsistent with the CAA; and • enforce its requirements. See section that complies with the provisions of the Does not provide EPA with the 307(b)(2). Act and applicable Federal regulations. discretionary authority to address, as List of Subjects in 40 CFR Part 52 See 42 U.S.C. 7410(k); 40 CFR 52.02(a). appropriate, disproportionate human Thus, in reviewing SIP submissions, health or environmental effects, using Environmental protection, Air EPA’s role is to approve state choices, practicable and legally permissible pollution control, Incorporation by provided that they meet the criteria of methods, under Executive Order 12898 reference, Intergovernmental relations, the CAA. This action merely approves (59 FR 7629, February 16, 1994). Nitrogen dioxide, Ozone, Volatile state law as meeting Federal The SIP is not approved to apply on organic compounds. any Indian reservation land or in any requirements and does not impose Dated: August 26, 2020. additional requirements beyond those other area where EPA or an Indian tribe Mary Walker, imposed by state law. For that reason, has demonstrated that a tribe has this action: jurisdiction. In those areas of Indian Regional Administrator, Region 4. • Is not a significant regulatory action country, the rule does not have tribal For the reasons stated in the subject to review by the Office of implications as specified by Executive preamble, the EPA amends 40 CFR part Management and Budget under Order 13175 (65 FR 67249, November 9, 52 as follows: Executive Orders 12866 (58 FR 51735, 2000), nor will it impose substantial October 4, 1993) and 13563 (76 FR 3821, direct costs on tribal governments or PART 52—APPROVAL AND January 21, 2011); preempt tribal law. PROMULGATION OF • Is not an Executive Order 13771 (82 The Congressional Review Act, 5 IMPLEMENTATION PLANS FR 9339, February 2, 2017) regulatory U.S.C. 801 et seq., as added by the Small action because SIP approvals are Business Regulatory Enforcement ■ 1. The authority citation for part 52 exempted under Executive Order 12866; Fairness Act of 1996, generally provides continues to read as follows: • that before a rule may take effect, the Does not impose an information Authority: 42 U.S.C. 7401 et seq. collection burden under the provisions agency promulgating the rule must of the Paperwork Reduction Act (44 submit a rule report, which includes a Subpart L—Georgia U.S.C. 3501 et seq.); copy of the rule, to each House of the • Is certified as not having a Congress and to the Comptroller General ■ 2. In § 52.570, the table in paragraph significant economic impact on a of the United States. EPA will submit a (c) is amended by revising the entry for substantial number of small entities report containing this action and other ‘‘391–3–1–.03(13)’’ to read as follows: under the Regulatory Flexibility Act (5 required information to the U.S. Senate, U.S.C. 601 et seq.); the U.S. House of Representatives, and § 52.570 Identification of plan. • Does not contain any unfunded the Comptroller General of the United * * * * * mandate or significantly or uniquely States prior to publication of the rule in (c) * * *

EPA APPROVED GEORGIA REGULATIONS

State effective State citation Title/subject date EPA approval date Explanation

******* 391–3–1–.03(13) ...... Emission Reduction 9/26/2019 9/22/2020, Insert cita- Except subparagraph 391–3–1–.03(13)(f), Credits. tion of publication]. which was approved into the SIP with a state-effective date of 7/18/2001, and sub- paragraphs (b), (c), (e), (g), and (i), which were approved into the SIP with a state-ef- fective date of 2/16/2000.

*******

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* * * * * provided for a 60-day comment period, A. HRSA’s Reimbursement of Travel [FR Doc. 2020–19287 Filed 9–21–20; 8:45 am] and HHS received 267 comment letters and Subsistence Expenses Incurred BILLING CODE 6560–50–P raising a variety of issues. HHS has Toward Living Organ Donation Program carefully considered all comments in Congress provided specific authority developing this rule, as outlined in under section 377 of the Public Health DEPARTMENT OF HEALTH AND Section V below, and presents a Service (PHS) Act, as amended, 42 HUMAN SERVICES summary of all significant comments U.S.C. 274f,3 to the Secretary of Health and Departmental responses. 42 CFR Part 121 and Human Services (the Secretary) for reimbursement of travel and subsistence II. Background RIN 0906–AB23 expenses, which encompasses costs for As discussed in the NPRM, every 10 travel to medical and clinical Removing Financial Disincentives to minutes, another person is added to the appointments, lodging, and meals, Living Organ Donation national organ transplant waiting list, incurred by eligible individuals making AGENCY: Health Resources and Services and approximately 20 people die every living donations of their organs, and Administration (HRSA), Health and day while waiting for a transplant.1 The other individuals accompanying the Human Services Department (HHS). current approach to acquiring organs for living organ donors. Within the same section of the PHS ACTION: Final rule. transplantation relies on the altruism of Act, Congress also authorized the deceased donors and their families and Secretary to reimburse ‘‘incidental non- SUMMARY: This final rule amends the the voluntarism and altruism of living medical expenses’’ incurred by living regulations implementing the National organ donors. Organ Transplant Act of 1984, as organ donors under 42 U.S.C. 274f(a)(2), amended (NOTA), to remove financial Living organ donation offers a viable if the Secretary determines by regulation barriers to organ donation by expanding transplant option, primarily for kidney that reimbursements for such expenses the scope of reimbursable expenses and liver transplant candidates, and are appropriate. incurred by living organ donors to helps to reduce the overall number of The National Living Donor Assistance include lost wages, and child-care and individuals on the national organ Center (NLDAC) 4 operates the living elder-care expenses incurred by a transplant waiting list, thus improving organ donor reimbursement program caregiver. HHS is committed to reducing the transplantation system overall. The funded by HRSA’s Reimbursement of the number of individuals on the organ President’s E.O. 13879, ‘‘Advancing Travel and Subsistence Expenses transplant waiting list by increasing the American Kidney Health,’’ emphasized Incurred toward Living Organ Donation number of organs available for that supporting living organ donors can grants program. Under the authority transplant. This final rule is associated help address the current demand for provided under section 377 of the PHS with Section 8 of the Executive Order kidney transplants. That E.O. directed Act, as amended, the program is (E.O.) 13879 titled ‘‘Advancing the HHS Secretary to propose a operated via cooperative agreement. The American Kidney Health,’’ issued on regulation that would expand the program’s purpose is to help remove July 10, 2019, which directed HHS to definition of allowable costs that can be financial disincentives for living organ propose a regulation allowing living reimbursed under HRSA’s current donations. In adherence to the authority organ donors to be reimbursed for Reimbursement of Travel and outlined in the PHS Act, the program’s Eligibility Guidelines currently provide related lost wages, child-care expenses, Subsistence Expenses Incurred toward that ‘‘qualifying expenses’’ include and elder-care expenses through the Living Organ Donation program. This those incurred by the donor and his/her Reimbursement of Travel and final rule addresses this E.O. accompanying person(s) as part of: (1) Subsistence Expenses Incurred toward requirement, which also included Living Organ Donation program Donor evaluation, (2) hospitalization for language specifically addressing the living donor surgical procedure, authorized under section 377 of the reimbursement of lost wages along with Public Health Service (PHS) Act, as and/or (3) medical or surgical follow-up, child-care and elder-care expenses. amended. clinic visits, or hospitalization within Living organ donation also delivers two calendar years following the living DATES: This final rule is effective on several additional benefits for the donation procedure.5 It is important to October 22, 2020. recipient, as described in the NPRM, note that not all applicants or recipients FOR FURTHER INFORMATION CONTACT: including receipt of a better quality of reimbursements will go on to donate Frank Holloman, Director, Division of organ in a shorter time period and better an organ. Many factors may prevent an Transplantation, Healthcare Systems clinical outcomes than those who intended and willing donor from Bureau, HRSA, 5600 Fishers Lane, continue on dialysis or receive a proceeding with the donation. Such Room 08W63, Rockville, MD 20857; by deceased donor kidney transplant.2 circumstances include present health email at [email protected]; or by However, all such benefits must be status of the intended donor or recipient telephone (301) 443–7577. weighed against the donor risks, which that would prevent the transplant or SUPPLEMENTARY INFORMATION: include surgical and anesthesia-related donation from proceeding, perceived I. Public Participation complications and infections as well as long-term risks to the intended donor, or the uncertainty of the long-term health unforeseen events outside the intended On December 20, 2019, HHS effects on donors following living organ donor’s control. published a notice of proposed donation, which are currently being rulemaking (NPRM) in the Federal 3 studied. Available at https://www.govinfo.gov/content/ Register (84 FR 70139) to amend the pkg/PLAW-108publ216/pdf/PLAW-108publ216.pdf. regulations implementing the NOTA to 4 The Center’s website is available at https:// remove financial barriers to organ 1 Information from https://www.organdonor.gov/ www.livingdonorassistance.org/home/default.aspx. statistics-stories/statistics.html#glance and accessed 5 The Eligibility Guidelines for HRSA’s donation by expanding the scope of on August 26, 2019. reimbursement program are available at https:// reimbursable expenses incurred by 2 Data from https://srtr.transplant.hrsa.gov/ www.govinfo.gov/content/pkg/FR-2009-06-19/pdf/ living organ donors. The NPRM annual_reports/2017/Kidney.aspx. E9-14425.pdf.

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The criteria for reimbursement are C. Advisory Committee on Organ incurred by caregivers who make living based on the incomes of both the Transplantation Recommendations donations of their organs, as authorized recipient and potential living organ In May 2019, the HHS Advisory by section 377(a)(2) of the PHS Act. A donor and include only the Committee on Organ Transplantation new regulatory section is added at aforementioned qualifying expenses. (ACOT) voted to provide § 121.14 to list the categories of Under federal law, HRSA’s recommendations to the Secretary ‘‘incidental non-medical expenses’’ that reimbursement program cannot which, if adopted, would increase the Secretary has determined are reimburse any living organ donor for access to organs from living organ appropriate for reimbursement. travel and other qualifying expenses if donors by providing living organ donors The other criteria of HRSA’s the donor can be reimbursed for these with additional support and resources reimbursement program, as provided in expenses from any of the following and by removing disincentives that may the program’s Eligibility Guidelines, sources: (1) Any state compensation have prevented them from donating. remain applicable and will still need to program, an insurance policy, or any This final rule is responsive to those be met for reimbursement to be federal or state health benefits program; recommendations. provided to living organ donors and (2) an entity that provides health other individuals evaluated for living D. Section 301 of NOTA services on a prepaid basis; or (3) the organ donation for lost wages and child- recipient of the organ. HRSA notes that Section 301 of NOTA generally makes care and elder-care expenses incurred some living organ donors may receive it ‘‘unlawful for any person to by caregivers while making donations of assistance from other sources, such as knowingly acquire, receive, or otherwise their organs. Concurrently with the private insurers’ programs; however, transfer any human organ for valuable publication of this final rule, HRSA will HRSA’s reimbursement program consideration for use in human revise the Eligibility Guidelines to specifically aims to assist lower-income transplantation if the transfer affects address eligibility criteria for these donors who lack other forms of financial interstate commerce.’’ 6 Therefore, reimbursable expenses. support. reimbursement payments received via A. Lost Wages HRSA’s reimbursement program must Through this final rule, the Secretary not violate section 301 of NOTA, which Some potential living organ donors determines that reimbursement for lost outlaws the purchase and sale of organs. may be willing and available to donate wages, and child-care and elder-care Certain expenses are specifically an organ to a family member, friend, or expenses incurred by a caregiver, is excluded from the scope of valuable an unknown recipient, but might be appropriate for living organ donors who consideration, including ‘‘expenses of unable to afford the loss in income incur such expenses toward their organ travel, housing, and lost wages incurred while out of work during the transplant donation. by the donor of a human organ in process, which includes the pre- connection with the donation of the transplant evaluation, surgery, B. Executive Order 13879: Advancing subsequent recovery time, and follow- American Kidney Health organ.’’ 42 U.S.C. 274e(c)(2). Section 301 of NOTA does not expressly state up appointments. Through this final In E.O. 13879, ‘‘Advancing American whether reimbursement for child-care or rule, HRSA determines that lost wages Kidney Health,’’ issued on July 10, elder-care expenses incurred by a donor are an appropriate reimbursable expense 2019, the President directed HHS to in connection with the donation for living organ donors, and adds lost propose a regulation to allow living constitute prohibited ‘‘valuable wages as a category of reimbursable organ donors to be reimbursed for consideration.’’ HHS has determined, incidental non-medical expenses at related lost wages, child-care expenses, and the U.S. Department of Justice, § 121.14(a)(1). and elder-care expenses through the Office of Legal Counsel, concurred, that B. Child-Care Expenses and Elder-Care Reimbursement of Travel and the reimbursement of child-care and Expenses Subsistence Expenses Incurred toward elder-care expenses as described here is Included among the many costs Living Organ Donation program not valuable consideration under associated with living organ donation authorized by 42 U.S.C. 274f. This final section 301 of NOTA. Therefore, this are, for many individuals, the costs of rule aligns with the goals of the prohibition does not pose a barrier to child-care and elder-care. Such costs President’s mandate. the Secretary’s determination, made through this final rule, that the can be incurred throughout the organ The E.O. further directed HHS to raise reimbursement of such expenses is donation process, from the transplant the limit on the income of living organ appropriate under the authority pre-evaluation through the hospital stay, donors eligible for reimbursement under provided by 42 U.S.C. 274f(a)(2). during the recovery period, and while the program. The limit on donor income the living donor attends necessary is set through the reimbursement III. Summary of This Rule follow-up medical appointments. program’s Eligibility Guidelines. HRSA This rule codifies the proposed Through this final rule, HRSA has proposed a revision to the Eligibility amendments to the OPTN Final Rule determines that child-care and elder- Guidelines increasing the upper described in the December 2019 NPRM care expenses incurred by caregivers are threshold for living organ donor and and removes barriers and disincentives appropriate reimbursable expenses for organ recipient household income from to living organ donation by adding lost living organ donors, and adds child-care 300 percent to 350 percent of the HHS wages, and child-care and elder-care expenses at § 121.14(a)(2) and elder-care Poverty Guidelines in effect at the time expenses incurred by caregivers, as expenses at § 121.14(a)(3) as categories of eligibility determination. HRSA reimbursable expenses for living organ of reimbursable non-medical incidental sought and received public comment on donors. This rule constitutes the expenditures. this planned revision to the Eligibility Secretary’s determination by regulation IV. Public Comments and Responses Guidelines through a separately that reimbursement may be published Federal Register notice. appropriately provided for lost wages, HRSA received a total of 267 Therefore, this final rule does not and child-care and elder-care expenses comments from the public, including address that aspect of the Executive professional and patient stakeholder Order. 6 See 42 U.S.C. 274e(a). organizations, prior and potential living

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kidney donors, donor stakeholder disability payments that would 4. Other Comments organizations, and clinical otherwise have been available to the a. Insurance Access professionals. The vast majority (261) of living organ donor. commenters were in favor of the Response: HRSA intends to proceed Eight commenters suggested that HHS proposed rule, although several with the use of the term ‘‘lost wages’’ take action to address the potential that suggested modifications to the proposed when describing available reimbursable living organ donors may be adversely rule (see details below). Only two incidental non-medical expense. The impacted in access to health or life commenters opposed the spirit of the term ‘‘lost wages’’’ is consistent with the insurance, post-donation. The proposed rule and expressed concern direction to HHS provided in the July commenters cite experience and about the well-being of living organ 2019 ‘‘Advancing American Kidney literature describing increased donors. Health’’ E.O., and reflects the insurance premiums and a higher All comments were considered in terminology used in the categories of likelihood of denial of coverage for developing this rule. This section expenses excluded from valuable living organ donors. Several presents a summary of all major issues consideration as defined in section 301 commenters raised the issue of medical raised by commenters, grouped by of NOTA. problems that might arise post-donation subject, as well as responses to the HRSA does wish to make clear that and whether those expenses would be comments. ‘‘lost wages’’ need not be limited to covered by health insurance. One 1. Additional Financial Barriers to consideration of traditional wage rate commenter described the experience of Organ Donation/Foregone Medical income. HRSA agrees that living organ a family member who had subsequent Insurance Benefits donors with non-traditional or irregular difficulty getting health insurance coverage, despite being in good health. HRSA specifically sought public income should be eligible for reimbursement of lost wages through Another individual stated that he was so comment on any literature or evidence concerned about his insurance company on additional financial barriers to living the program if sufficient documentation canceling his coverage that he never organ donation, including whether of the lost wages is provided. The informed his insurance company that he foregone medical insurance benefits program will provide eligible donors had donated an organ. One commenter pose a significant barrier to living organ with informational packets containing asked that HRSA consider the limited donation. In the NPRM, HRSA noted an documentation requirements for coverage that the average health interest in public comment regarding reimbursement of lost wages through insurance plan provides to living organ whether such expenses should be participating transplant programs; donors, and expressed concern that included in future rulemaking. Only information will also be posted on the living organ donors who experience three commenters from professional program’s website. Regarding the complications related to the donation societies explicitly addressed HRSA’s inclusion of reimbursement for foregone may be personally responsible for the request for comments on whether sick days, vacation pay, or disability medical costs. ‘‘foregone medical insurance benefits’’ payments, HRSA is not including these pose a significant barrier to living organ categories as reimbursable incidental Response: HRSA acknowledges and donation. These commenters did not non-medical expenses at this time. More appreciates commenters sharing these provide literature or evidence in analysis is needed to determine whether concerns. The purpose of HRSA’s support of this additional category, but including such expenses would be reimbursement program is to provide suggested it was appropriate for consistent with the statutory living organ donors with support by reimbursement to address concerns requirement that HRSA’s reimbursing non-medical expenses that regarding potential impacts due to time reimbursement program cannot cover pose a disincentive to living organ away from work after donation. donor expenses that can be reimbursed donation. HRSA will continue to Response: HRSA appreciates the from certain other sources, as detailed analyze these issues. feedback on the inclusion of ‘‘foregone in 42 U.S.C. 274f(d). b. Other Uncovered Medical Expenses medical insurance benefits’’ as a 3. Additional Incidental Non-Medical Approximately 14 commenters potential category of expenses eligible Expenses for reimbursement. HRSA reiterates its suggested that HRSA’s reimbursement interest in receiving any detailed We received two comments program be expanded to cover medical literature or evidence regarding how suggesting that pet care expenses also be expenses related to the living organ these expenses pose a barrier to living included as reimbursable incidental donation that are not otherwise covered organ donation. non-medical expenses, given that a large by their or the recipient’s health proportion of potential donors are also insurance. 2. Definition of Lost Wages pet owners who may incur expenses for Response: The purpose of HRSA’s We received five comments pet care during their recovery after reimbursement program is to provide suggesting that HRSA include lost organ donation. living organ donors with support by income as a reimbursable non-medical Response: HRSA appreciates the reimbursing non-medical expenses that expense rather than ‘‘lost wages.’’ The feedback on the inclusion of pet care as pose a disincentive to living organ commenters argue that lost income a reimbursable incidental non-medical donation. The statute authorizing would more accurately reflect the expense. HRSA is not aware of literature HRSA’s reimbursement program, potential disincentives to living organ or evidence regarding the impact pet section 377 of the Public Health Service donation. Specifically, the commenters care expenses may have as a Act, does not provide authority for the suggest that lost wages may not include disincentive to living organ donation. program to reimburse living organ income received by independent Therefore, HRSA is not including pet donors for medical expenses related to contractors or others who do not receive care as a reimbursable expense at this living organ donation. Therefore, it is a standard hourly, weekly, or monthly time. However, HRSA is interested in beyond the purview of the program to wage. The commenters further suggest any evidence regarding the impact of cover additional medical expenses or that ‘‘lost income’’ would include pet care expenses posing a barrier to serve as a form of supplemental health foregone sick days, vacation pay, or living organ donation. insurance for living organ donors.

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b. Payer of Last Resort including the surgical risks of donation, two accompanying or assisting Approximately four commenters the long-term risks to donor health, the individuals. Reimbursement of these expressed concern about the description inconvenience and discomfort of expenses for accompanying or assisting of HRSA’s reimbursement program as a surgery, and the concern that a friend or individuals will be subject to payer of last resort. The commenters relative may need a kidney in the future. availability of funds and as provided in Response: As previously discussed, suggest that this description may go the program’s Eligibility Guidelines. HRSA’s reimbursement program is beyond the requirements of section 377 limited by statute and may not provide f. Change in Eligibility Criteria and of the Public Health Service Act, that compensation to living organ donors ‘‘Primary Caregiver’’ requires that the program not cover beyond reimbursement for eligible HRSA received 31 comments expenses ‘‘of a donating individual to expenses. Undertaking a ‘‘risk,’’ whether encouraging a change in the program’s the extent that payment has been made, it be a long-term health risk or surgical eligibility criteria, including raising the or can reasonably be expected to be risk, is not an eligible expense. threshold income level. A subset of made, concerning such expenses (1) those comments also questioned the under any State compensation program, d. Donor Caretaker references to ‘‘primary caregiver’’ in the under an insurance policy, or under any Six commenters suggested that NPRM preamble, and recommended Federal or State health benefits program; HRSA’s reimbursement program expand removing the ‘‘primary’’ qualifier. The (2) by an entity that provides health coverage to allow for reimbursement of commenters expressed concern that the services on a prepaid basis; or (3) by the expenses incurred by a ‘‘donor references to ‘‘primary caregiver’’ recipient of the organ.’’ The commenters caretaker’’ who provides care for the appeared to limit the number of also suggest that the complexity of this living organ donor during post-operative individuals eligible for reimbursement structure unduly burdens the living recovery. The commenters stated that, for child-care and elder-care expenses. organ donor by requiring documentation since living donors rely on caretakers as For example, one commenter expressed that the expenses are not otherwise they recover from surgery, these concern that it will be difficult to covered, which could be a disincentive caretakers should be compensated for determine the ‘‘primary caregiver’’ and to living organ donation. Another lost income. In addition, they argued that all donors with caretaker commenter stated that this description that potential financial burdens that responsibilities for children or elders is too narrow, and inconsistent with the might be incurred by the donor’s should receive reimbursement if they benefits of reimbursing living organ caretaker(s) constitute a disincentive for need to pay someone else to take on donors. And finally, one commenter living organ donation. As such, they those responsibilities during their believed that the phrase implies that the believe that removing this disincentive recovery. program’s reimbursement should be as by covering ‘‘donor caretaker’’ expenses Response: With regard to a change in limited as possible and could be would increase living organ donation the current program eligibility criteria, considered to indicate that transplant rates. note that, as previously stated, HRSA recipients should be required to Response: Individuals eligible for will revise the current Eligibility reimburse their donors as a matter of reimbursement of expenses under Guidelines, including consideration of course. HRSA’s reimbursement program are an increase to the upper threshold for Response: HRSA accepts these limited to those who meet the statutory living organ donor and organ recipient comments, and will no longer use the definition of ‘‘donating individual’’ and household income. HRSA intends to phrase ‘‘payer of last resort’’ to explain those referenced in the statutory publish a Federal Register notice during HRSA’s reimbursement program. HRSA definition of ‘‘qualifying expenses’’ for fiscal year 2020 regarding this issue. did not intend to imply any limitation the program.7 This statutory language With regard to the preamble’s of reimbursable expenses beyond the limits reimbursement for expenses references to ‘‘primary caregiver,’’ statutory requirements. However; per incurred by actual living organ donors, HRSA recognizes there may have been statute, HRSA’s reimbursement program or ‘‘individuals who in good faith incur some confusion with regard to this term. cannot cover donor expenses that can be qualifying expenses toward the HRSA intends that all donors and reimbursed from certain other sources, intended donation of an organ,’’ to potential donors with caregiver as detailed in 42 U.S.C. 274f(d)—(1) any allow for expenses incurred by potential responsibilities for children or elders State compensation program, an donors who are ruled out for organ should be eligible for reimbursement for insurance policy, or a Federal or State donation. The statute also allows for child-care or elder-care expenses. HRSA health benefits program; (2) an entity reimbursement for qualifying expenses originally included this qualifier not to that provides health services on a incurred by up to two individuals who limit eligibility, but rather to indicate prepaid basis; or (3) the recipient of the ‘‘accompany or assist the donating that any caregiver, despite their familial organ. Regarding the concern about how individual’’ for the purposes of living relationship, may be eligible for living organ donors might need to organ donation. reimbursement under the program. document that their potentially To date, HRSA has allowed for the Based on an analysis of the feedback, reimbursable expenses are not covered reimbursement of travel and subsistence HRSA no longer uses the qualifier by other programs or individuals, HRSA expenses related to the donation ‘‘primary’’ for ‘‘caregiver’’ in the maintains that sufficient documentation procedure for up to two ‘‘donor preamble language in this final rule. will be required to assure that its caretakers’’ providing assistance to the HRSA intends to further address which reimbursement program is operating donating individual, whether the individuals are eligible caregivers in the within the authority of section 377 of expenses were incurred before or after program’s Eligibility Guidelines. the Public Health Service Act. the donation procedure. This final rule allows that the additional expenses of g. Safety of Living Organ Donation c. Compensation for Intangible Risks lost wages, child-care, and elder-care are Two commenters expressed complete Approximately eight commenters eligible for reimbursement, whether opposition to the rule based on concern suggested that the program also address incurred by the donor or by the up to about the overall safety of living organ compensation for intangible risks donation and well-being of living organ incurred by living organ donors, 7 See 42 U.S.C. 274f(c). donors. These commenters expressed

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specific concern regarding the potential support living organ donors. environment, public health or safety, or risk to the living organ donor’s health, Nevertheless, HRSA is proceeding with state, local, or tribal governments or the invasiveness of the procedure, and finalizing the proposal outlined in the communities (also referred to as the cost of the surgery. NPRM through this final rule. HRSA ‘‘economically significant’’); (2) creating Response: HRSA recognizes that wishes to note that other entities, a serious inconsistency or otherwise living organ donation is not without including the non-profit organization interfering with an action taken or risk. We note in the preamble that the referenced above, are eligible to planned by another agency; (3) benefits of living organ donation must compete for future cooperative materially altering the budgetary be weighed against risks to the donor. agreements for the operation of the impacts of entitlement grants, user fees, For anyone considering living organ living organ donor reimbursement or loan programs or the rights and donation, it is critical to gather as much program. Those entities are encouraged obligations of recipients thereof; or (4) information as possible to make an to submit proposals. raising novel legal or policy issues informed decision. Potential living arising out of legal mandates, the organ donors should also ensure that i. Miscellaneous President’s priorities, or the principles they undergo a thorough screening prior Other commenters raised a variety of outlined in the Executive Order. A to donation and receive counseling issues that do not pertain directly to the regulatory impact analysis must be regarding informed consent.8 Access to expansion of reimbursable incidental prepared for major rules with follow-up care and maintenance of a non-medical expenses under the economically significant effects ($100 healthy lifestyle post-donation are also program, which was the focus of the million or more in any 1 year), and a beneficial to the short- and long-term proposed rule. HRSA will continue to ‘‘significant’’ regulatory action is subject health of the living donor.9 HRSA analyze these issues. to review by the Office of Management emphasizes that the decision to become • Allowing non-directed donors to and Budget (OMB). This rule has been a living organ donor is an individual receive reimbursement through the determined to be a significant regulatory choice. The purpose of this rule is to program which is currently tied to action. Accordingly, the rule has been expand the scope of financial support recipient income levels. reviewed by OMB. available to those who decide to become • Removing donor residence E.O. 13771 (January 30, 2017) requires living organ donors, in the form of requirement to allow non-U.S. that the costs associated with significant reimbursement for qualifying expenses. residents/citizens to participate in the new regulations ‘‘to the extent permitted by law, be offset by the elimination of h. Impact of Rule Change on Other program. existing costs associated with at least Existing Program V. Statutory and Regulatory two prior regulations.’’ This rule is Four commenters (two public and two Requirements neither regulatory nor deregulatory for professional stakeholder organizations) Executive Orders 12866, 13563, and purposes of E.O. 13771. There are no expressed support for the concept of 13771: Regulatory Planning and Review additional costs; as finalized, this rule supporting living organ donors but will only change how HRSA expends HHS examined the effects of this rule opposition to the proposed rule. These the appropriated funds. commenters, including a non-profit as required by E.O. 12866 on Regulatory organization that operates a national Planning and Review, E.O. 13563 on Summary of Impacts registry in the United States that lists Improving Regulation and Regulatory Research into similar legislative kidney donors and recipients in need of Review, the Regulatory Flexibility Act changes and changes to financial a kidney transplant, argue that the (Pub. L. 96–354), the Unfunded incentives have demonstrated increases proposal does not go far enough in Mandates Reform Act of 1995 (Pub. L. in organ donations; thus, the agency providing reimbursement for living 104–4), E.O. 13132 on Federalism, and estimates that these proposed regulatory organ donors and would supplant an E.O. 13771 on Reducing Regulation and changes will increase the number of existing program established and Controlling Regulatory Costs. living organ transplants. The agency operated by this organization that E.O. 12866 and E.O. 13563 direct expects this increase for two primary provides a broader array of support. The agencies to assess all costs and benefits reasons. As described in more detail in range of support from the referenced of available regulatory alternatives and, the following paragraph, studies have program includes reimbursement for if regulation is necessary, to select shown that reimbursement measures lost wages, as well as ‘‘donation life regulatory approaches that maximize have increased organ donations insurance,’’ ‘‘donation disability net benefits (including potential anywhere from 14 percent to 65 percent, insurance,’’ and legal support, should it economic, environmental, public health depending on the particular be necessary. and safety effects, distributive impacts, circumstances of the study. Secondly, These four comments suggest and equity). E.O. 13563 supplements donor income also appears to play a role restructuring HHS’ approach to and reaffirms the principles, structures, in living organ donor transplant rates. addressing living organ donor expenses and definitions governing regulatory Research showed the implementation to allow for a public-private review as established in E.O. 12866, of new laws, including a move toward collaboration between HHS and this which emphasizes the importance of reimbursing lost wages and providing organization. quantifying both costs and benefits, of other benefits, yielded the country of Response: HRSA appreciates the reducing costs, of harmonizing rules, Israel a 65 percent increase in kidney feedback and will continue to consider and of promoting flexibility. transplants from living donors.10 In the innovative models for future actions to Section 3(f) of E.O. 12866 defines a United States, paying donation-related ‘‘significant regulatory action’’ as an 8 See Ann Intern Med. 2018;168:276–284. action that is likely to result in a rule: 10 Lavee, J., Ashkenazi, T., Stoler, A., Cohen, J., doi:10.7326/M17–1235. (1) Having an annual effect on the & Beyar, R. (2012). Preliminary Marked Increase in 9 See Kidney Disease: Improving Global Outcomes economy of $100 million or more in any the National Organ Donation Rate in Israel (KDIGO) Living Kidney Donor Work Group. KDIGO Following Implementation of a New Organ Clinical Practice Guideline on the Evaluation and one year, or adversely and materially Transplantation Law. American Journal of Care of Living Kidney Donors. Transplantation affecting a sector of the economy, Transplantation,13 (3), 780–785, 2012. doi:10.1111/ 2017; 101(Suppl 8S):S1–S109. productivity, competition, jobs, the ajt.12001.

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travel costs through NLDAC increased compensate those donors who are $6,000 for reimbursement of solely the number of living donor kidney caregivers. travel and subsistence; a correlating transplants by approximately 14 percent Fourth, while living organ donors demonstration project, on lost wages, over baseline in participating transplant typically face a 4–6 week post-surgical limits reimbursement of solely lost centers,11 with a separate survey of recovery time, individual recovery times wages to a maximum of $5,000; donors NLDAC donors revealing that 75 percent will vary. Surgical complications or receiving reimbursements from both of donors would not have donated personal health issues might slow that programs are capped at receiving a without reimbursement.12 In addition, process, and the physical demands of combined maximum of $8,000. In fiscal tax incentive legislation in New York the donor’s work (e.g., strenuous versus year 2018, the average NLDAC increased living kidney donations to sedentary) might dictate how quickly reimbursement was $1,934 per donor, non-family members by 52 percent.13 she or he can return to work. which is lower than the current cap Finally, a study looking at longitudinal Given these individual differences, level. Approximately nine (9) percent of trends found that income was strongly HRSA is using median weekly figures participants exceeded a reimbursement associated with donation, with higher for each expense to estimate the of $5,500 or more. HRSA may adjust the rates of donation observed in higher- expected costs per individual of these cap to account for the additions of lost income populations and donation rates regulatory changes. Please note that the wages, child-care, and elder-care. HRSA declining among the lowest earners after lost wages category correlates to a acknowledges that this cap may not the last recession.14 typical 40-hour workweek, while child- cover the entirety of reimbursable Currently, the United States averages care and elder-care are extrapolated out expenses incurred by some donors; approximately 6,500 living organ to a full 7-day week, on the presumption however, this assistance does align with donations per year. Determining how that caregivers will require assistance one of the major goals of the many of these, or any additional, living caring for children and the elderly on reimbursement program: To reduce organ donors will be eligible for the the weekends as well. financial disincentives and disparities, financial incentives involves the • Wages: $28 per hour 15 for 40 hours not to necessarily make donors whole interplay of several factors, as does per week is a weekly average wage of financially. calculating the cost of these incentives. $1,120 per week or $4,480–$6,720 over While expanding the list of expenses First, not all living donors will be 4–6 weeks. eligible for reimbursement for living eligible for these reimbursements. As • Child-care: At $420 per full week 16 organ donors will increase the average previously stated, the E.O. titled child-care will cost $1,680–$2,520 over amount of reimbursement, the federal ‘‘Advancing American Kidney Health’’ 4–6 weeks. government can expect to save overall also directed HHS to propose raising the • Elder-care: At $504 per full week 17 due to an increase in additional organ limit on the income of living organ elder-care will cost $2,016–$3,024 over transplants performed and the aversion donors eligible to be reimbursed under 4–6 weeks. of dialysis. The costs/savings incurred the program. The income eligibility Funding for this program is a fixed by kidney transplantation vary by donor threshold is the first criterion in amount that is determined through type. One study using Medicare claims determining whether a potential donor annual federal discretionary data 18 estimated End-Stage Renal is eligible to receive reimbursement of appropriations. These regulatory Disease (ESRD) expenditures to be expenses incurred. changes will result in expanded $292,117 over ten years per beneficiary Second, not all program-eligible living coverage and a potential increase in user organ donors will incur expenses on dialysis. Living donor kidney demand of the living organ donor transplants (LDKT) was cost-saving at relating to each one of the new reimbursement program. Expanding the categories of reimbursements (lost ten years, reducing expected medical list of eligible expenses could increase expenditures for ESRD treatment by 13 wages, child-care, elder-care) offered the average reimbursement. The number through the regulatory change. Each percent ($259,119) compared to of individuals receiving reimbursement maintenance dialysis. donor’s circumstances differ; some and/or the amount of reimbursement might request reimbursement for all The approximately $33,000 in per individual in any given fiscal year Medicare savings per beneficiary over three types of added reimbursable will be dependent upon annual expenses, some for one or two, and ten years for LDKT compared to appropriations. Therefore, increases in maintenance dialysis is likely a lower some for none at all. the average reimbursement without Third, donors’ specific circumstances bound, since living donation is likely to increases in appropriations could result will determine the reimbursable reduce the number of beneficiaries in fewer individuals being served by the amounts. Individual wages differ, as do under the age of 65 who would be program. Based on the uncertainty of the type, level, and amount of child-care eligible for Medicare enrollment. The annual appropriation levels for the and/or elder-care required to lower bound conditional savings can be program, HRSA is considering a range of adjusted to account for additional methods to ensure the ongoing viability 11 Schnier, K.E., Merion, R.M., Turgeon, N., & savings through reduced Medicare Howard, D. (2018). Subsidizing altruism in living of this program, such as a enrollment by considering the share of organ donation. Economic Inquiry, 56(1), 398–423. reimbursement cap. potential new live donations across 12 Merion RM et al. Analysis of dialysis cost and In relation to caps on reimbursements, three main scenarios. median waiting time on return on investment (ROI) under current program guidelines, of the US National Living Donor Assistance Center The LDKT expected cost of $259,119 (NLDAC) program [abstract]. Transplantation. NLDAC limits donors to a maximum of over ten years per beneficiary projected 2016;100:S310. by Axelrod et al. (2018) assumes 13 Bilgel, F., & Galle, B. (2015). Financial 15 Information from the U.S. Bureau of Labor Medicare primary payer status. For incentives for kidney donation: a comparative case Statistics and available at https://www.bls.gov/ roughly 25 percent of LDKTs, Medicare study using synthetic controls. Journal of Health news.release/empsit.nr0.htm. Economics. 43, 103–117. 16 National Center for Education Statistics and is assumed as the primary payer 14 Gill, J., Dong, J., Rose, C., Johnston, O., available at https://nces.ed.gov/programs/digest/ Landsberg, D., & Gill, J. (2013). The effect of race d18/tables/dt18_202.30c.asp. 18 Axelrod DA, Schnitzler MA, Xiao H, et al. An and income on living kidney donation in the United 17 Paying for senior care, https:// economic assessment of contemporary kidney States. Journal of the American Society of www.payingforseniorcare.com/longtermcare/ transplant practice. Am J Transplant. 2018;18:1168– Nephrology. 24(11), 1872–1879. costs.html#Non-Medical-Home-Care. 1176. https://doi.org/10.1111/ajt.14702.

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regardless of transplant success; businesses. If a rule has a significant Dated: September 15, 2020. therefore, the projected spending need economic effect on a substantial number Thomas J. Engels, not be adjusted. For the next 25 percent of small entities, the Secretary must Administrator, Health Resources and Services of LDKTs, the assumption was that the specifically consider the economic Administration. beneficiary is on dialysis, and Medicare effect of the rule on small entities and Approved: September 16, 2020. is the primary payer. Still, they would analyze regulatory options that could Alex M. Azar II, eventually no longer need dialysis and/ lessen the impact of the rule. HHS will Secretary, Department of Health and Human or leave Medicare enrollment if they use an RFA threshold of at least a 3 Services. had a transplant, and are not otherwise percent impact on at least 5 percent of Accordingly, by the authority vested eligible for Medicare due to age or small entities. HHS has determined, and disability. Therefore, the expected in me as the Secretary of Health and the Secretary certifies that this rule will Medicare spending for these cases was Human Services, and for the reasons set not have a significant impact on the adjusted downward by 33 percent. This forth in the preamble, 42 CFR part 121 projected a savings of approximately operations of a substantial number of is amended as follows: $119,000 over ten years relative to the small manufacturers; therefore, we are PART 121—ORGAN PROCUREMENT baseline spending projection of not preparing an analysis of impact for AND TRANSPLANTATION NETWORK $292,117 over ten years for beneficiaries the purposes of the RFA. on dialysis. For the remaining 50 B. Unfunded Mandates Reform Act ■ 1. The authority citation for part 121 percent of LDKTs it was assumed that is revised to read as follows: Medicare is not the primary payer when Section 202(a) of the Unfunded the transplant occurs. In this case, it was Mandates Reform Act of 1995 requires Authority: Sections 215, 371–377, and assumed that Medicare spending is that agencies prepare a written 377E of the PHS Act (42 U.S.C. 216, 273– nominal relative to baseline spending of 274d, 274f–5); sections 1102, 1106, 1138 and statement, which includes an 1871 of the Social Security Act (42 U.S.C. $292,117 over 10 years for beneficiaries assessment of anticipated costs and 1302, 1306, 1320b–8, and 1395hh); section on dialysis, and amounts were adjusted benefits, before proposing ‘‘any rule that 301 of the National Organ Transplant Act, as downward by 33 percent (that is, for includes any federal mandate that may amended (42 U.S.C. 274e); and E.O. 13879, these beneficiaries, Medicare would result in the expenditure by state, local, 84 FR 33817. have become the primary payer after 30 and tribal governments, in the aggregate, ■ 2. Revise § 121.1 to read as follows: months of coordinated medical services; or by the private sector, of $100 million it takes 30 months for Medicare to or more (adjusted annually for inflation) § 121.1 Applicability. become the primary payer for diagnosed in any one year.’’ In 2019, that threshold (a) The provisions of this part, with end stage renal disease patients, absent was $154 million. HHS does not expect the exception of §§ 121.13 and 121.14, the transplant), which projected a this rule to exceed the threshold. apply to the operation of the Organ savings of approximately $195,000 over Procurement and Transplantation 10 years. The projected weighted C. Executive Order 13132—Federalism Network (OPTN) and the Scientific average federal budgetary savings to the Registry. Medicare program for LDKT is $136,000 HHS has reviewed this rule in over 10 years per beneficiary. accordance with E.O. 13132 regarding (b) The provisions of § 121.13 apply to Therefore, a hypothetical 20 percent federalism and has determined that it the prohibition set forth in section 301 increase in the rate of LDKT in model does not have ‘‘federalism of the National Organ Transplant Act, as markets in a single year, representing implications.’’ This rule would not amended. about 500 new kidney transplants ‘‘have substantial direct effects on the (c) The provisions of § 121.14 apply to mainly from relatives of recipients, States, or the relationship between the the reimbursement of specified would produce approximately $68 national government and the States, or incidental non-medical expenses million in federal budgetary savings to on the distribution of power and incurred toward living organ donation the Medicare program over ten years responsibilities among the various under section 377 of the Public Health Service Act, as amended. (and multiples thereof for each levels of government.’’ successive year if the living donor (d) In accordance with section 1138 of kidney transplant rate was thusly D. Collection of Information the Social Security Act, hospitals in elevated). Overall, having more end which organ transplants are performed stage renal disease (ESRD) individuals The Paperwork Reduction Act of 1995 and which participate in the programs receiving transplants will ultimately (44 U.S.C. 3507(d)) (PRA) requires that under titles XVIII or XIX of the Social decrease Medicare expenditures.19 OMB approve all collections of Security Act, and organ procurement information by a federal agency from the organizations designated under section A. Regulatory Flexibility Analysis public before they can be implemented. 1138(b) of the Social Security Act, are The Regulatory Flexibility Act (5 This rule is projected to have no impact subject to the requirements of this part. U.S.C. 601 et seq.) (RFA) and the Small on current reporting and recordkeeping ■ 3. Add § 121.14 to read as follows: Business Regulatory Enforcement and burden, as the amendments outlined in Fairness Act of 1996, which amended this rule will not impose any data § 121.14 Reimbursement for living organ the RFA, require HHS to analyze collection requirements under the PRA. donors: incidental non-medical expenses. options for regulatory relief of small (a) The following incidental non- List of Subjects in 42 CFR Part 121 medical expenses incurred by donating 19 Obtained from proposed rule CMS–5527–P individuals toward making living Specialty Care Models to Improve Quality of Care Health care, Hospitals, Organ and Reduce Expenditures posted on July 18, 2019, transplantation, Reporting and donations of their organs may be and information available at https:// recordkeeping requirements, Transplant reimbursed: www.federalregister.gov/documents/2019/07/18/ (1) Lost wages; 2019-14902/medicare-program-specialty-care- centers. models-to-improve-quality-of-care-and-reduce- (2) Child-care expenses; and expenditures. (3) Elder-care expenses.

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(b) [Reserved] Management Plan (2006 Consolidated (including during the summer/fall and [FR Doc. 2020–20804 Filed 9–18–20; 8:45 am] HMS FMP) (71 FR 58058, October 2, winter fisheries in the last several BILLING CODE 4165–15–P 2006) and amendments. NMFS is years), and the likelihood of closure of required under ATCA and the that segment of the fishery if no Magnuson-Stevens Act to provide U.S. adjustment is made (§ 635.27(a)(8)(ii) DEPARTMENT OF COMMERCE fishing vessels with a reasonable and (ix)). Preliminary landings data as opportunity to harvest the ICCAT- of September 15, 2020, indicate that the National Oceanic and Atmospheric recommended quota. General category landed a cumulative Administration The current baseline General and total of 441.2 mt through August 31, Reserve category quotas are 555.7 mt which exceeds the cumulative adjusted 50 CFR Part 635 and 29.5 mt, respectively. See quota available through August 31, i.e., § 635.27(a). Each of the General category 377.9 mt. Preliminary September [Docket No. 180117042–8884–02; RTID time periods (January, June through landings as of September 15, 2020, are 0648–XA483] August, September, October through 114.2 mt, which represents 78 percent November, and December) is allocated a Atlantic Highly Migratory Species; of the baseline September subquota ‘‘subquota’’ or portion of the annual Atlantic Bluefin Tuna Fisheries (147.3 mt). At the time of drafting of this General category quota. The baseline inseason action, the General category AGENCY: National Marine Fisheries subquotas for each time period are as subquota has not yet been exceeded, but Service (NMFS), National Oceanic and follows: 29.5 mt for January; 277.9 mt without a quota transfer at this time, Atmospheric Administration (NOAA), for June through August; 147.3 mt for NMFS would likely close the General Commerce. September; 72.2 mt for October through category fishery shortly, and ACTION: Temporary rule; quota transfer. November; and 28.9 mt for December. participants would have to stop bluefin Any unused General category quota tuna fishing activities while SUMMARY: NMFS is transferring 111.6 rolls forward from one time period to commercial-sized bluefin tuna remain metric tons (mt) of Atlantic bluefin tuna the next and is available for use in available in the areas where General (BFT) quota from the Reserve category subsequent time periods. At the time of category permitted vessels operate at to the General category. This action is drafting this notice, NMFS has taken this time of year. Transferring 111.6 mt intended to account for an accrued four actions that resulted in adjustments of quota from the Reserve category overharvest of 63.3 mt from previous to the General and Reserve category would account for 63.3 mt of accrued time period subquotas, and to provide quotas, resulting in currently adjusted overharvest from the prior time periods further opportunities for General quotas of 113 mt of quota for the and result in an additional 48.3 mt category fishermen to participate in the Reserve category, 100 mt for the General being available for the September 2020 September General category fishery, category January through March 2020 subquota period after, thus effectively based on consideration of the regulatory subquota period, and 9.4 mt for the providing limited additional determination criteria regarding December 2020 subquota period (85 FR opportunities to harvest the U.S. bluefin inseason adjustments. This action 17, January 2, 2020; 85 FR 6828, tuna quota while avoiding exceeding it. would affect Atlantic tunas General February 6, 2020; 85 FR 43148, July 16, Regarding the projected ability of the category (commercial) permitted vessels 2020). vessels fishing under the particular and Highly Migratory Species (HMS) Transfer of 111.6 mt From the Reserve category quota (here, the General Charter/Headboat category permitted Category to the General Category category) to harvest the additional vessels with a commercial sale amount of BFT quota transferred before endorsement when fishing Under § 635.27(a)(9), NMFS has the the end of the fishing year commercially for BFT. authority to transfer quota among fishing categories or subcategories, after (§ 635.27(a)(8)(iii)), NMFS considered DATES: Effective September 17, 2020 considering regulatory determination General category landings over the last through September 30, 2020. criteria provided under § 635.27(a)(8). several years and landings to date this FOR FURTHER INFORMATION CONTACT: NMFS has considered all of the relevant year. Landings are highly variable and Sarah McLaughlin or Nicholas determination criteria and their depend on access to commercial-sized Velseboer, 978–281–9260, or Larry applicability to this inseason quota BFT and fishing conditions, among Redd, 301–427–8503. transfer. These considerations include, other factors, such as the restrictions SUPPLEMENTARY INFORMATION: but are not limited to, the following: that some dealers placed on their Regulations implemented under the Regarding the usefulness of purchases of BFT from General category authority of the Atlantic Tunas information obtained from catches in participants this year. A portion of the Convention Act (ATCA; 16 U.S.C. 971 et the particular category for biological transferred quota covers the 63.3-mt seq.) and the Magnuson-Stevens Fishery sampling and monitoring of the status of overharvest in the category to date, and Conservation and Management Act the stock (§ 635.27(a)(8)(i)), biological NMFS anticipates that General category (Magnuson-Stevens Act; 16 U.S.C. 1801 samples collected from BFT landed by participants will be able to harvest the et seq.) governing the harvest of BFT by General category fishermen and remaining 48.3 mt of transferred BFT persons and vessels subject to U.S. provided by tuna dealers provides quota by the end of the subquota time jurisdiction are found at 50 CFR part NMFS with valuable parts and data for period. In the unlikely event that any of 635. Section 635.27 subdivides the U.S. ongoing scientific studies of BFT age this quota is unused by September 30, BFT quota recommended by the and growth, migration, and reproductive such quota will roll forward to the next International Commission for the status. Additional opportunity to land subperiod within the calendar year (i.e., Conservation of Atlantic Tunas (ICCAT) BFT in the General category would to the October through November and as implemented by the United support the continued collection of a period), and NMFS anticipates that it States among the various domestic broad range of data for these studies and would be used before the end of the fishing categories, per the allocations for stock monitoring purposes. fishing year. NMFS also anticipates that established in the 2006 Consolidated NMFS also considered the catches of some underharvest of the 2019 adjusted Highly Migratory Species Fishery the General category quota to date U.S. BFT quota will be carried forward

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to 2020 and placed in the Reserve and 48.3 mt is added to the September Act. This action is required by 50 CFR category, in accordance with the subquota. Therefore, NMFS adjusts the part 635, which was issued pursuant to regulations. Thus, this quota transfer General category September 2020 section 304(c), and is exempt from would allow fishermen to take subquota to 195.6 mt after accounting review under Executive Order 12866. for the 63.3 mt of overharvest through advantage of the availability of fish on The Assistant Administrator for the fishing grounds, and provide a for the prior 2020 time periods, and NMFS (AA) finds that pursuant to 5 reasonable opportunity to harvest the adjusts the Reserve category quota to 1.4 U.S.C. 553(b)(B), there is good cause to full U.S. BFT quota. mt, the amount of Reserve category NMFS also considered the estimated quota obligated for scientific research. waive prior notice and an opportunity amounts by which quotas for other gear Again, NMFS anticipates that some for public comment on this action, as categories of the bluefin tuna fishery underharvest (i.e., 127.3 mt) of the 2019 notice and comment would be might be exceeded (§ 635.27(a)(8)(iv)) adjusted U.S. BFT quota will be carried impracticable and contrary to the public and the ability to account for all 2020 forward to 2020 and placed in the interest to provide prior notice of, and landings and dead discards. In the last Reserve category, in accordance with an opportunity for public comment on, several years, total U.S. BFT landings the regulations, in the next few weeks. this action for the following reasons: have been below the available U.S. The General category fishery will The regulations implementing the quota such that the United States has remain open until September 30, 2020, 2006 Consolidated HMS FMP and carried forward the maximum amount or until the adjusted General category amendments provide for inseason of underharvest allowed by ICCAT from quota is reached, whichever comes first. retention limit adjustments to respond one year to the next. NMFS will need Monitoring and Reporting to the unpredictable nature of BFT to account for 2020 landings and dead NMFS will continue to monitor the availability on the fishing grounds, the discards within the adjusted U.S. quota, migratory nature of this species, and the consistent with ICCAT BFT fishery closely. Dealers are required to submit landing reports within 24 regional variations in the BFT fishery. recommendations, and anticipates Affording prior notice and opportunity having sufficient quota to do that. hours of a dealer receiving BFT. Late for public comment to implement the NMFS also considered the effects of reporting by dealers compromises quota transfer for the September 2020 the adjustment on the BFT stock and the NMFS’ ability to timely implement effects of the transfer on accomplishing actions such as quota and retention time period is also contrary to the limit adjustment, as well as closures, the objectives of the FMP public interest as such a delay would and may result in enforcement actions. (§ 635.27(a)(8)(v) and (vi)). This transfer likely result in closure of the General Additionally, and separate from the would be consistent with the current category fishery when the baseline dealer reporting requirement, General quotas, which were established and quota is met and the need to re-open the and HMS Charter/Headboat category analyzed in the 2018 BFT quota final fishery, with attendant administrative vessel owners are required to report the rule (83 FR 51391, October 11, 2018), costs and costs to the fishery. The delay catch of all BFT retained or discarded and with objectives of the 2006 would preclude the fishery from dead within 24 hours of the landing(s) Consolidated HMS FMP and harvesting BFT that are available on the or end of each trip, by accessing amendments and is not expected to fishing grounds and that might hmspermits.noaa.gov or by using the otherwise become unavailable during a negatively impact stock health or to HMS Catch Reporting app, or calling affect the stock in ways not already (888) 872–8862 (Monday through Friday delay. This action does not raise analyzed in those documents. Another from 8 a.m. until 4:30 p.m.). conservation and management concerns. principal consideration is the objective Depending on the level of fishing Transferring quota from the Reserve of providing opportunities to harvest the effort and catch rates, NMFS may category to the General category does full annual U.S. BFT quota without determine that additional action (e.g., not affect the overall U.S. BFT quota, exceeding it based on the goals of the quota adjustment, daily retention limit and available data shows the adjustment 2006 Consolidated HMS FMP and adjustment, or closure) is necessary to would have a minimal risk of exceeding amendments, including to achieve enhance scientific data collection from, the ICCAT-allocated quota. optimum yield on a continuing basis and fishing opportunities in, all NMFS notes that the public had an and to optimize the ability of all permit geographic areas, and to ensure all categories to harvest their full BFT opportunity to comment on the available subquotas are not exceeded. If underlying rulemakings that established quota allocations (related to needed, subsequent adjustments will be § 635.27(a)(8)(x)). Specific to the the U.S. BFT quota and the inseason published in the Federal Register. In adjustment criteria. General category, this includes addition, fishermen may call the providing opportunity equitably across Atlantic Tunas Information Line at (978) Authority: 16 U.S.C. 971 et seq. and 1801 all time periods. 281–9260, or access et seq. Based on the considerations above, hmspermits.noaa.gov, for updates on Dated: September 17, 2020. NMFS is transferring 111.6 mt from the quota monitoring and inseason Jennifer M. Wallace, Reserve category to the General adjustments. category. Of this amount, 63.3 mt Acting Director, Office of Sustainable accounts for preliminary overharvest of Classification Fisheries, National Marine Fisheries Service. the January through March and June NMFS issues this action pursuant to [FR Doc. 2020–20906 Filed 9–17–20; 4:15 pm] through August time period subquotas, section 305(d) of the Magnuson-Stevens BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 184

Tuesday, September 22, 2020

This section of the FEDERAL REGISTER Gallagher; telephone: 301–415–3463; problems with ADAMS, please contact contains notices to the public of the proposed email: [email protected]. For the NRC’s Public Document Room (PDR) issuance of rules and regulations. The technical questions contact the reference staff at 1–800–397–4209, 301– purpose of these notices is to give interested individuals listed in the FOR FURTHER 415–4737, or by email to pdr.resource@ persons an opportunity to participate in the INFORMATION CONTACT section of this nrc.gov. For the convenience of the rule making prior to the adoption of the final rules. document. reader, instructions about obtaining • Email comments to: materials referenced in this document [email protected]. If you are provided in the ‘‘Availability of NUCLEAR REGULATORY do not receive an automatic email reply Documents’’ section. • COMMISSION confirming receipt, then contact us at Attention: The Public Document 301–415–1677. Room (PDR), where you may examine 10 CFR Part 72 • Mail comments to: Secretary, U.S. and order copies of public documents, Nuclear Regulatory Commission, is currently closed. You may submit [NRC–2020–0166] Washington, DC 20555–0001, ATTN: your request to the PDR via email at RIN 3150–AK50 Rulemakings and Adjudications Staff. [email protected] or call 1–800– For additional direction on obtaining 397–4209 between 8:00 a.m. and 4:00 List of Approved Spent Fuel Storage information and submitting comments, p.m. (EST), Monday through Friday, Casks: NAC International, Inc. see ‘‘Obtaining Information and except Federal holidays. MAGNASTOR® Storage System, Submitting Comments’’ in the B. Submitting Comments Certificate of Compliance No. 1031, SUPPLEMENTARY INFORMATION section of Amendment No. 9 this document. Please include Docket ID NRC–2020– 0166 in your comment submission. AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: The NRC cautions you not to include Commission. Bernard White, Office of Nuclear identifying or contact information that ACTION: Proposed rule. Material Safety and Safeguards; you do not want to be publicly telephone: 301–415–6577; email: disclosed in your comment submission. SUMMARY: The U.S. Nuclear Regulatory [email protected] or Angella Love Commission (NRC) is proposing to The NRC will post all comment Blair, Office of Nuclear Material Safety submissions at https:// amend its regulations by revising the and Safeguards; telephone: 301–415– ® www.regulations.gov as well as enter the NAC International, Inc. MAGNASTOR 3453; email: [email protected]. Storage System listing within the ‘‘List comment submissions into ADAMS. Both are staff of the U.S. Nuclear The NRC does not routinely edit of approved spent fuel storage casks’’ to Regulatory Commission, Washington, comment submissions to remove include Amendment No. 9 to Certificate DC 20555–0001. identifying or contact information. of Compliance No. 1031. Amendment SUPPLEMENTARY INFORMATION: If you are requesting or aggregating No. 9 revises the certificate of comments from other persons for Table of Contents compliance to add a new concrete submission to the NRC, you should storage overpack; four new heat load I. Obtaining Information and Submitting inform those persons not to include zone patterns and their associated decay Comments identifying or contact information that heats that are specific to Babcock and II. Rulemaking Procedure they do not want to be publicly Wilcox 15x15 fuel assemblies; a new III. Background disclosed in their comment submission. Babcock & Wilcox 15x15 hybrid fuel IV. Plain Writing Your request should state that the NRC V. Availability of Documents assembly type (BW15H5); and a new does not routinely edit comment maximum enrichment for the BW15H2 I. Obtaining Information and submissions to remove such information hybrid fuel assembly, including a new Submitting Comments before making the comment minimum soluble boron concentration submissions available to the public or A. Obtaining Information during loading and unloading entering the comment into ADAMS. operations and neutron absorber areal Please refer to Docket ID NRC–2020– density. In addition, Amendment No. 9 0166 when contacting the NRC about II. Rulemaking Procedure makes non-technical changes to the availability of information for this Because the NRC considers this action reorganize Appendix B of the technical action. You may obtain publicly- to be non-controversial, the NRC is specifications. available information related to this publishing this proposed rule DATES: Submit comments by October 22, action by any of the following methods: concurrently with a direct final rule in 2020. Comments received after this date • Federal Rulemaking Website: Go to the Rules and Regulations section of this will be considered if it is practical to do https://www.regulations.gov and search issue of the Federal Register. The direct so, but the NRC is able to ensure for Docket ID NRC–2020–0166. final rule will become effective on consideration only for comments • NRC’s Agencywide Documents December 7, 2020. However, if the NRC received on or before this date. Access and Management System receives any significant adverse ADDRESSES: You may submit comments (ADAMS): You may obtain publicly- comment by October 22, 2020, then the by any of the following methods: available documents online in the NRC will publish a document that • Federal Rulemaking Website: Go to ADAMS Public Documents collection at withdraws the direct final rule. If the https://www.regulations.gov and search https://www.nrc.gov/reading-rm/ direct final rule is withdrawn, the NRC for Docket ID NRC–2020–0166. Address adams.html. To begin the search, select will address the comments in a questions about NRC dockets to Carol ‘‘Begin Web-based ADAMS Search.’’ For subsequent final rule. Absent significant

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modifications to the proposed revisions For a more detailed discussion of the the Code of Federal Regulations (10 requiring republication, the NRC will proposed rule changes and associated CFR) entitled ‘‘General License for not initiate a second comment period on analyses, see the direct final rule Storage of Spent Fuel at Power Reactor this action in the event the direct final published in the Rules and Regulations Sites’’ (55 FR 29181; July 18, 1990). This rule is withdrawn. section of this issue of the Federal rule also established a new subpart L in A significant adverse comment is a Register. 10 CFR part 72 entitled ‘‘Approval of Spent Fuel Storage Casks,’’ which comment where the commenter III. Background explains why the rule would be contains procedures and criteria for inappropriate, including challenges to Section 218(a) of the Nuclear Waste obtaining NRC approval of spent fuel the rule’s underlying premise or Policy Act of 1982, as amended, storage cask designs. The NRC approach, or would be ineffective or requires that ‘‘[t]he Secretary [of the subsequently issued a final rule on unacceptable without a change. A Department of Energy] shall establish a November 21, 2008 (73 FR 70587), that comment is adverse and significant if: demonstration program, in cooperation approved the NAC International, Inc. ® (1) The comment opposes the rule and with the private sector, for the dry MAGNASTOR Storage System design provides a reason sufficient to require a storage of spent nuclear fuel at civilian and added it to the list of NRC-approved substantive response in a notice-and- nuclear power reactor sites, with the cask designs in § 72.214 as Certificate of comment process. For example, a objective of establishing one or more Compliance No. 1031. substantive response is required when: technologies that the [Nuclear Regulatory] Commission may, by rule, IV. Plain Writing (a) The comment causes the NRC to approve for use at the sites of civilian reevaluate (or reconsider) its position or The Plain Writing Act of 2010 (Pub. nuclear power reactors without, to the conduct additional analysis; L. 111–274) requires Federal agencies to maximum extent practicable, the need write documents in a clear, concise, (b) The comment raises an issue for additional site-specific approvals by well-organized manner. The NRC has serious enough to warrant a substantive the Commission.’’ Section 133 of the written this document to be consistent response to clarify or complete the Nuclear Waste Policy Act states, in part, with the Plain Writing Act as well as the record; or that ‘‘[the Commission] shall, by rule, Presidential Memorandum, ‘‘Plain (c) The comment raises a relevant establish procedures for the licensing of Language in Government Writing,’’ issue that was not previously addressed any technology approved by the published June 10, 1998 (63 FR 31883). or considered by the NRC. Commission under Section 219(a) [sic: The NRC requests comment on the (2) The comment proposes a change 218(a)] for use at the site of any civilian proposed rule with respect to clarity or an addition to the rule, and it is nuclear power reactor.’’ and effectiveness of the language used. apparent that the rule would be To implement this mandate, the ineffective or unacceptable without Commission approved dry storage of V. Availability of Documents incorporation of the change or addition. spent nuclear fuel in NRC-approved The documents identified in the (3) The comment causes the NRC to casks under a general license by following table are available to make a change (other than editorial) to publishing a final rule which added a interested persons through one or more the rule. new subpart K in part 72 of title 10 of of the following methods, as indicated.

Adams Accession No./Web Document Link/Federal Register Citation

Redacted SAR for MAGNASTOR® Amendment 9, dated October 29, 2019 ...... ML19302F268 (package). Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for ML20108F319 (package). Amendment No. 9 to Certificate of Compliance No. 1031 for the NAC International MAGNASTOR® Cask Sys- tem, dated April 9, 2020. Submission of a Supplement to NAC’s Request for Amendment No. 9 to Certificate of Compliance No. 1031 for ML20192A118. the NAC International MAGNASTOR® Cask System, dated June 29, 2020. Memo—User Need for Rulemaking for the NAC International MAGNASTOR® Cask System Certificate of Compli- ML20174A551. ance No. 1031, Amendment No. 9, dated July 28, 2020. Draft Proposed Certificate of Compliance No. 1031, Amendment 9 ...... ML20174A552. Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix A, Technical Specifications ...... ML20174A553. Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix B, Technical Specifications ...... ML20174A554. Preliminary Certificate of Compliance No. 1031, Amendment 9—Safety Evaluation Report ...... ML20174A555.

The NRC may post materials related additions occur in a docket folder. To Dated September 4, 2020. to this document, including public subscribe: (1) Navigate to the docket For the Nuclear Regulatory Commission. comments, on the Federal Rulemaking folder (NRC–2020–0166); (2) click the Margaret M. Doane, website at https://www.regulations.gov ‘‘Sign up for Email Alerts’’ link; and (3) Executive Director for Operations. under Docket ID NRC–2020–0166. The enter your email address and select how [FR Doc. 2020–20667 Filed 9–21–20; 8:45 am] Federal Rulemaking website allows you frequently you would like to receive BILLING CODE 7590–01–P to receive alerts when changes or emails (daily, weekly, or monthly).

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DEPARTMENT OF TRANSPORTATION this material at the FAA, call 206–231– private, and that is relevant or 3195. It is also available on the internet responsive to this NPRM, it is important Federal Aviation Administration at https://www.regulations.gov by that you clearly designate the submitted searching for and locating Docket No. comments as CBI. Please mark each 14 CFR Part 39 FAA–2020–0844. page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such [Docket No. FAA–2020–0844; Product Examining the AD Docket Identifier 2020–NM–100–AD] marked submissions as confidential You may examine the AD docket on under the FOIA, and they will not be RIN 2120–AA64 the internet at https:// placed in the public docket of this www.regulations.gov by searching for NPRM. Submissions containing CBI Airworthiness Directives; The Boeing and locating Docket No. FAA–2020– should be sent to Wayne Ha, Aerospace Company Airplanes 0844; or in person at Docket Operations Engineer, Airframe Section, FAA, Los AGENCY: Federal Aviation between 9 a.m. and 5 p.m., Monday Angeles ACO Branch, 3960 Paramount Administration (FAA), DOT. through Friday, except Federal holidays. Boulevard, Lakewood, CA 90712–4137; The AD docket contains this NPRM, any ACTION: Notice of proposed rulemaking phone: 562–627–5238; email: comments received, and other (NPRM). [email protected]. Any commentary information. The street address for that the FAA receives which is not SUMMARY: The FAA proposes to adopt a Docket Operations is listed above. specifically designated as CBI will be new airworthiness directive (AD) for all Comments will be available in the AD placed in the public docket for this The Boeing Company Model 737–100, docket shortly after receipt. rulemaking. FOR FURTHER INFORMATION CONTACT: –200, –200C, –300, –400, and –500 Discussion series airplanes. This proposed AD was Wayne Ha, Aerospace Engineer, prompted by a report of cracks found in Airframe Section, FAA, Los Angeles The FAA has received a report of fastener holes at a certain station of the ACO Branch, 3960 Paramount cracks found in fastener holes at the center wing box. This proposed AD Boulevard, Lakewood, CA 90712–4137; center wing box, station 663.75 rear would require repetitive external phone: 562–627–5238; email: spar, of the lower skin located at left surface high frequency eddy current [email protected]. buttock line 6.50. The lower skin cracks inspections (HFEC) and repetitive SUPPLEMENTARY INFORMATION: were hidden between the center wing box lower chord on the upper surface external surface ultrasonic inspections; Comments Invited or repetitive internal detailed and the keel beam upper chord on the inspections; of a certain station of the The FAA invites you to send any lower surface. A crack in the center center wing box for any cracking, and written relevant data, views, or wing box, rear spar lower skin, or lower repair if necessary. The FAA is arguments about this proposal. Send chord could go undetected. This proposing this AD to address the unsafe your comments to an address listed condition, if not addressed, could result condition on these products. under the ADDRESSES section. Include in inability of a principal structural ‘‘Docket No. FAA–2020–0844; Product element to sustain limit load and could DATES: The FAA must receive comments Identifier 2020–NM–100–AD’’ at the on this proposed AD by November 6, adversely affect the structural integrity beginning of your comments. The most 2020. of the airplane. helpful comments reference a specific Explanation of Applicability ADDRESSES: You may send comments, portion of the proposal, explain the using the procedures found in 14 CFR reason for any recommended change, The Boeing Company Model 737 11.43 and 11.45, by any of the following and include supporting data. The FAA airplanes having line numbers 1 through methods: will consider all comments received by 291 have a limit of validity (LOV) of • Federal eRulemaking Portal: Go to the closing date and may amend this 34,000 total flight cycles, and the https://www.regulations.gov. Follow the proposal because of those comments. actions proposed in this NPRM, as instructions for submitting comments. Except for Confidential Business specified in Boeing Alert Requirements • Fax: 202–493–2251. Information (CBI) as described in the Bulletin 737–57A1348 RB, dated June 1, • Mail: U.S. Department of following paragraph, and other 2020, would be required at a Transportation, Docket Operations, M– information as described in 14 CFR compliance time occurring after that 30, West Building Ground Floor, Room 11.35, the FAA will post all comments LOV. Although operation of an airplane W12–140, 1200 New Jersey Avenue SE, received, without change, to https:// beyond its LOV is prohibited by 14 CFR Washington, DC 20590. www.regulations.gov, including any 121.1115 and 129.115, this NPRM • Hand Delivery: Deliver to Mail personal information you provide. The would include those airplanes in the address above between 9 a.m. and 5 agency will also post a report applicability so that these airplanes are p.m., Monday through Friday, except summarizing each substantive verbal tracked in the event the LOV is Federal holidays. contact received about this proposed extended in the future. For service information identified in AD. this NPRM, contact Boeing Commercial Related Service Information Under 1 Airplanes, Attention: Contractual & Data Confidential Business Information CFR Part 51 Services (C&DS), 2600 Westminster CBI is commercial or financial The FAA reviewed Boeing Alert Blvd., MC 110–SK57, Seal Beach, CA information that is both customarily and Requirements Bulletin 737–57A1348 90740–5600; telephone 562–797–1717; actually treated as private by its owner. RB, dated June 1, 2020. The service internet https:// Under the Freedom of Information Act information describes procedures for www.myboeingfleet.com. You may view (FOIA) (5 U.S.C. 552), CBI is exempt repetitive external surface HFEC this referenced service information at from public disclosure. If your inspections and repetitive external the FAA, Airworthiness Products comments responsive to this NPRM surface ultrasonic inspections; or Section, Operational Safety Branch, contain commercial or financial repetitive internal detailed inspections; 2200 South 216th St., Des Moines, WA. information that is customarily treated of the center wing box, station 663.75 For information on the availability of as private, that you actually treat as rear spar, lower skin, and lower chord

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between left buttock line 31.83 and right 2020, described previously, except for In an effort to further improve the buttock line 31.83, for any cracking, and any differences identified as exceptions quality of ADs and AD-related Boeing repair if necessary. in the regulatory text of this proposed service information, a joint process This service information is reasonably AD. improvement initiative was worked available because the interested parties For information on the procedures between the FAA and Boeing. The have access to it through their normal and compliance times, see this service initiative resulted in the development of course of business or by the means information at https:// a new process in which the service identified in the ADDRESSES section. www.regulations.gov by searching for information more clearly identifies the FAA’s Determination and locating Docket No. FAA–2020– actions needed to address the unsafe The FAA is proposing this AD 0844. condition in the ‘‘Accomplishment because the agency evaluated all the Explanation of Requirements Bulletin Instructions.’’ The new process results relevant information and determined in a Boeing Requirements Bulletin, the unsafe condition described The FAA worked in conjunction with which contains only the actions needed previously is likely to exist or develop industry, under the Airworthiness to address the unsafe condition (i.e., in other products of the same type Directive Implementation Aviation only the RC actions). design. Rulemaking Committee (AD ARC), to enhance the AD system. One Costs of Compliance Proposed AD Requirements enhancement is a process for annotating The FAA estimates that this proposed This proposed AD would require which steps in the service information AD affects 141 airplanes of U.S. registry. accomplishment of the actions are ‘‘required for compliance’’ (RC) with The FAA estimates the following costs identified in Boeing Alert Requirements an AD. Boeing has implemented this RC Bulletin 737–57A1348 RB, dated June 1, concept into Boeing service bulletins. to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Repetitive external HFEC and 3 work-hours × $85 per hour = $0 $255 per inspection cycle ...... Up to $35,955 per inspection external ultrasonic inspec- $255 per inspection cycle. cycle. tions. Repetitive internal detailed in- 28 work-hours × $85 per hour $0 $2,380 per inspection cycle .... Up to $335,580 per inspection spections. = $2,380 per inspection cycle. cycle.

The FAA has received no definitive 13132. This proposed AD would not PART 39—AIRWORTHINESS data that would enable providing cost have a substantial direct effect on the DIRECTIVES estimates for the on-condition actions States, on the relationship between the specified in this proposed AD. national Government and the States, or ■ 1. The authority citation for part 39 continues to read as follows: Authority for This Rulemaking on the distribution of power and responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code levels of government. specifies the FAA’s authority to issue § 39.13 [Amended] For the reasons discussed above, I rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding certify this proposed regulation: section 106, describes the authority of the following new airworthiness the FAA Administrator. Subtitle VII: (1) Is not a ‘‘significant regulatory directive (AD): Aviation Programs, describes in more action’’ under Executive Order 12866, detail the scope of the Agency’s The Boeing Company: Docket No. FAA– (2) Will not affect intrastate aviation authority. 2020–0844; Product Identifier 2020– NM–100–AD. The FAA is issuing this rulemaking in Alaska, and under the authority described in (3) Will not have a significant (a) Comments Due Date Subtitle VII, Part A, Subpart III, Section economic impact, positive or negative, The FAA must receive comments by 44701: General requirements. Under on a substantial number of small entities November 6, 2020. that section, Congress charges the FAA under the criteria of the Regulatory (b) Affected ADs with promoting safe flight of civil Flexibility Act. aircraft in air commerce by prescribing None. regulations for practices, methods, and List of Subjects in 14 CFR Part 39 (c) Applicability procedures the Administrator finds Air transportation, Aircraft, Aviation This AD applies to all The Boeing necessary for safety in air commerce. safety, Incorporation by reference, Company Model 737–100, –200, –200C, This regulation is within the scope of –300, –400, and –500 series airplanes, Safety. that authority because it addresses an certificated in any category. unsafe condition that is likely to exist or The Proposed Amendment (d) Subject develop on products identified in this Air Transport Association (ATA) of rulemaking action. Accordingly, under the authority delegated to me by the Administrator, America Code 57, Wings. Regulatory Findings the FAA proposes to amend 14 CFR part (e) Unsafe Condition The FAA determined that this 39 as follows: This AD was prompted by a report of proposed AD would not have federalism cracks found in fastener holes at the center implications under Executive Order wing box, station 663.75 rear spar, of the

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lower skin located at left buttock line 6.50. (2) Before using any approved AMOC, leaking from the trim air diffuser ducts The FAA is issuing this AD to address such notify your appropriate principal inspector, or sidewall riser duct assemblies cracking, which could result in inability of a or lacking a principal inspector, the manager (collectively referred to as TADDs), principal structural element to sustain limit of the local flight standards district office/ related investigative actions, and load and could adversely affect the structural certificate holding district office. integrity of the airplane. (3) An AMOC that provides an acceptable corrective actions if necessary. AD 2007–07–03 also provides an optional (f) Compliance level of safety may be used for any repair, modification, or alteration required by this terminating action for the repetitive Comply with this AD within the AD if it is approved by The Boeing Company tests. Since the FAA issued AD 2007– compliance times specified, unless already Organization Designation Authorization 07–03, operators reported high done. (ODA) that has been authorized by the temperature composite material TADDs (g) Actions for Group 1 Manager, Los Angeles ACO Branch, FAA, to installed as specified in AD 2007–07–03 make those findings. To be approved, the For airplanes identified as Group 1 in have also failed. This proposed AD repair method, modification deviation, or Boeing Alert Requirements Bulletin 737– would require repetitive inspections of alteration deviation must meet the 57A1348 RB, dated June 1, 2020: Within 120 certification basis of the airplane, and the all TADD material for damage and days after the effective date of this AD, approval must specifically refer to this AD. applicable on-condition actions. The inspect the airplane and do all applicable on- FAA is proposing this AD to address the condition actions using a method approved (k) Related Information unsafe condition on these products. in accordance with the procedures specified (1) For more information about this AD, in paragraph (j) of this AD. DATES: The FAA must receive comments contact Wayne Ha, Aerospace Engineer, on this proposed AD by November 6, Airframe Section, FAA, Los Angeles ACO (h) Required Actions 2020. For airplanes identified as Group 2 in Branch, 3960 Paramount Boulevard, Boeing Alert Requirements Bulletin 737– Lakewood, CA 90712–4137; phone: 562–627– ADDRESSES: You may send comments, 57A1348 RB, dated June 1, 2020, except as 5238; email: [email protected]. using the procedures found in 14 CFR specified by paragraph (i) of this AD: At the (2) For service information identified in 11.43 and 11.45, by any of the following applicable times specified in the this AD, contact Boeing Commercial methods: ‘‘Compliance’’ paragraph of Boeing Alert Airplanes, Attention: Contractual & Data • Federal eRulemaking Portal: Go to Requirements Bulletin 737–57A1348 RB, Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; https://www.regulations.gov. Follow the dated June 1, 2020, do all applicable actions instructions for submitting comments. identified in, and in accordance with, the telephone 562–797–1717; internet https:// • www.myboeingfleet.com. You may view this Fax: 202–493–2251. Accomplishment Instructions of Boeing Alert • Requirements Bulletin 737–57A1348 RB, referenced service information at the FAA, Mail: U.S. Department of dated June 1, 2020. Airworthiness Products Section, Operational Transportation, Docket Operations, M– Note 1 to paragraph (h): Guidance for Safety Branch, 2200 South 216th St., Des 30, West Building Ground Floor, Room accomplishing the actions required by this Moines, WA. For information on the W12–140, 1200 New Jersey Avenue SE, AD can be found in Boeing Alert Service availability of this material at the FAA, call Washington, DC 20590. Bulletin 737–57A1348, dated June 1, 2020, 206–231–3195. • Hand Delivery: Deliver to Mail which is referred to in Boeing Alert Issued on September 11, 2020. address above between 9 a.m. and 5 Requirements Bulletin 737–57A1348 RB, Lance T. Gant, p.m., Monday through Friday, except dated June 1, 2020. Director, Compliance & Airworthiness Federal holidays. (i) Exceptions to Service Information Division, Aircraft Certification Service. For service information identified in Specifications [FR Doc. 2020–20657 Filed 9–21–20; 8:45 am] this NPRM, contact Boeing Commercial (1) Where Boeing Alert Requirements BILLING CODE 4910–13–P Airplanes, Attention: Contractual & Data Bulletin 737–57A1348 RB, dated June 1, Services (C&DS), 2600 Westminster 2020, uses the phrase ‘‘the original issue date Blvd., MC 110–SK57, Seal Beach, CA of Requirements Bulletin 737–57A1348 RB,’’ DEPARTMENT OF TRANSPORTATION 90740–5600; telephone 562–797–1717; this AD requires using ‘‘the effective date of internet https:// this AD,’’ except where Boeing Alert Federal Aviation Administration www.myboeingfleet.com. You may view Requirements Bulletin 737–57A1348 RB, this service information at the FAA, dated June 1, 2020, uses the phrase ‘‘the 14 CFR Part 39 Airworthiness Products Section, original issue date of Requirements Bulletin 737–57A1348 RB’’ in a note or flag note. [Docket No. FAA–2020–0848; Product Operational Safety Branch, 2200 South (2) Where Boeing Alert Requirements Identifier 2020–NM–088–AD] 216th St., Des Moines, WA. For Bulletin 737–57A1348 RB, dated June 1, information on the availability of this 2020, specifies contacting Boeing for repair RIN 2120–AA64 material at the FAA, call 206–231–3195. instructions: This AD requires doing the It is also available on the internet at Airworthiness Directives; The Boeing repair using a method approved in https://www.regulations.gov by Company Airplanes accordance with the procedures specified in searching for and locating Docket No. paragraph (j) of this AD. AGENCY: Federal Aviation FAA–2020–0848. (j) Alternative Methods of Compliance Administration (FAA), DOT. Examining the AD Docket (AMOCs) ACTION: Notice of proposed rulemaking (1) The Manager, Los Angeles ACO Branch, (NPRM). You may examine the AD docket on FAA, has the authority to approve AMOCs the internet at https:// for this AD, if requested using the procedures SUMMARY: The FAA proposes to www.regulations.gov by searching for found in 14 CFR 39.19. In accordance with supersede Airworthiness Directive (AD) and locating Docket No. FAA–2020– 14 CFR 39.19, send your request to your 2007–07–03, which applies to certain 0848; or in person at Docket Operations principal inspector or local Flight Standards The Boeing Company Model 747–100, between 9 a.m. and 5 p.m., Monday District Office, as appropriate. If sending 747–100B, 747–100B SUD, 747–200B, through Friday, except Federal holidays. information directly to the manager of the certification office, send it to the attention of 747–200C, 747–200F, 747–300, 747– The AD docket contains this NPRM, any the person identified in paragraph (k)(1) of 400, 747–400D, 747–400F, 747SR, and comments received, and other this AD. Information may be emailed to: 9- 747SP series airplanes. AD 2007–07–03 information. The street address for [email protected]. requires repetitive tests to detect hot air Docket Operations is listed above.

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Comments will be available in the AD Environmental Systems Section, FAA, of the center wing tank secondary fuel docket shortly after receipt. Seattle ACO Branch, 2200 South 216th barrier and the center wing tank primary FOR FURTHER INFORMATION CONTACT: St., Des Moines, WA 98198; phone and sealant for damage, a measurement of Susan L. Monroe, Aerospace Engineer, fax: 206–231–3570; email: the electrical conductivity change of the Cabin Safety and Environmental [email protected]. Any upper skin of the center wing tank for Systems Section, FAA, Seattle ACO commentary that the FAA receives indications of damage, other Branch, 2200 South 216th St., Des which is not specifically designated as replacement as applicable, and repair. Moines, WA 98198; phone and fax: 206– CBI will be placed in the public docket This service information is reasonably 231–3570; email: susan.l.monroe@ for this rulemaking. available because the interested parties faa.gov. Discussion have access to it through their normal course of business or by the means SUPPLEMENTARY INFORMATION: The FAA issued AD 2007–07–03, identified in the ADDRESSES section. Comments Invited Amendment 39–15003 (72 FR 14395, March 28, 2007) (‘‘AD 2007–07–03’’), for FAA’s Determination The FAA invites you to participate in certain The Boeing Company Model The FAA is proposing this AD this rulemaking by submitting written 747–100, 747–100B, 747–100B SUD, comments, data, or views. The most because the agency evaluated all the 747–200B, 747–200C, 747–200F, 747– relevant information and determined helpful comments reference a specific 300, 747–400, 747–400D, 747–400F, portion of the proposal, explain the the unsafe condition described 747SR, and 747SP series airplanes. AD previously is likely to exist or develop reason for any recommended change, 2007–07–03 requires repetitive tests to and include supporting data. To ensure in other products of the same type detect hot air leaking from the TADDs, design. the docket does not contain duplicate related investigative actions, and comments, commenters should send corrective actions if necessary. AD Proposed AD Requirements only one copy of written comments, or 2007–07–03 also provides an optional if comments are filed electronically, This proposed AD would retain none terminating action (replacement of the of the requirements of AD 2007–07–03. commenters should submit only one original fiberglass material TADDs with time. However, the original TADDs specified high temperature composition material in AD 2007–07–03, if installed, will Except for Confidential Business TADDs) for the repetitive tests. AD Information (CBI) as described in the continue to be inspected per the new 2007–07–03 resulted from reports of proposed requirements of this AD. This following paragraph, and other sealant deteriorating on the outside of information as described in 14 CFR proposed AD would require the center wing fuel tank and analysis accomplishment of the actions 11.35, the FAA will file in the docket all showing that sealant may deteriorate comments received, as well as a report identified in Boeing Alert Requirements inside the tank due to excess heat from Bulletin 747–21A2577 RB, dated summarizing each substantive public leaking TADDs. The FAA issued AD contact with FAA personnel concerning February 18, 2020, described 2007–07–03 to address leakage of fuel or previously, except for any differences this proposed rulemaking. Before acting fuel vapors into areas where ignition on this proposal, the FAA will consider identified as exceptions in the sources may be present, which could regulatory text of this proposed AD. all comments received on or before the result in a fire or explosion. closing date for comments. The FAA For information on the procedures will consider comments filed after the Actions Since AD 2007–07–03 Was and compliance times, see this service comment period has closed if it is Issued information at https:// possible to do so without incurring Since the FAA issued AD 2007–07– www.regulations.gov by searching for expense or delay. The FAA may change 03, operators reported high temperature and locating Docket No. FAA–2020– this proposal in light of the comments composite material TADDs installed as 0848. received. specified in AD 2007–07–03 have also Explanation of Requirements Bulletin Confidential Business Information failed. Further inspection showed that the high temperature composite material The FAA worked in conjunction with CBI is commercial or financial TADDs were ruptured, with damaged industry, under the Airworthiness information that is both customarily and insulation in poor condition. Analysis Directive Implementation Aviation actually treated as private by its owner. showed that hot trim air is causing Rulemaking Committee (AD ARC), to Under the Freedom of Information Act material properties degradation of both enhance the AD system. One (FOIA) (5 U.S.C. 552), CBI is exempt the original fiberglass fabric material enhancement is a process for annotating from public disclosure. If your and high temperature composite which steps in the service information comments responsive to this NPRM material TADDs, which potentially are ‘‘required for compliance’’ (RC) with contain commercial or financial causes hot air leakage from the TADD(s). an AD. Boeing has implemented this RC information that is customarily treated concept into Boeing service bulletins. as private, that you actually treat as Related Service Information Under 1 In an effort to further improve the private, and that is relevant or CFR Part 51 quality of ADs and AD-related Boeing responsive to this NPRM, it is important The FAA reviewed Boeing Alert service information, a joint process that you clearly designate the submitted Requirements Bulletin 747–21A2577 improvement initiative was worked comments as CBI. Please mark each RB, dated February 18, 2020. The between the FAA and Boeing. The page of your submission containing CBI service information describes initiative resulted in the development of as ‘‘PROPIN.’’ The FAA will treat such procedures for repetitive detailed a new process in which the service marked submissions as confidential inspections of TADDs made of original information more clearly identifies the under the FOIA, and they will not be fiberglass fabric material and high actions needed to address the unsafe placed in the public docket of this temperature composite material for condition in the ‘‘Accomplishment NPRM. Submissions containing CBI damage and applicable on-condition Instructions.’’ The new process results should be sent to Susan L. Monroe, actions. On-condition actions include in a Boeing Requirements Bulletin, Aerospace Engineer, Cabin Safety and TADD replacement, detailed inspection which contains only the actions needed

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to address the unsafe condition (i.e., currently developing a modification that Costs of Compliance only the RC actions). will address the unsafe condition identified in this AD. Once this The FAA estimates that this proposed Interim Action modification is developed, approved, AD affects 188 airplanes of U.S. registry. The FAA considers this proposed AD and available, the FAA might consider The FAA estimates the following costs interim action. The manufacturer is additional rulemaking. to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Repetitive inspec- Up to 44 work-hours × $85 per hour = $0 Up to $3,740 per inspection Up to $703,120 per inspection tions. Up to $3,740 per inspection cycle. cycle. cycle.

The FAA has received no definitive List of Subjects in 14 CFR Part 39 TADDs). This AD was also prompted by data that would enable providing cost reports indicating that the high temperature Air transportation, Aircraft, Aviation composite material TADDs installed as estimates for the on-condition actions safety, Incorporation by reference, specified in this proposed AD. specified in AD 2007–07–03 have also failed. Safety. The FAA is issuing this AD to address Authority for This Rulemaking The Proposed Amendment potential hot air leakage from original fiberglass fabric material or high temperature Title 49 of the United States Code Accordingly, under the authority composite material TADDs that can cause specifies the FAA’s authority to issue delegated to me by the Administrator, damage to the center wing fuel tank rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part secondary fuel barrier coating and primary Section 106, describes the authority of 39 as follows: sealant, which can cause fuel leakage into an the FAA Administrator. Subtitle VII, ignition zone, possibly resulting in a fire or Aviation Programs, describes in more PART 39—AIRWORTHINESS explosion. detail the scope of the Agency’s DIRECTIVES (f) Compliance authority. ■ 1. The authority citation for part 39 Comply with this AD within the The FAA is issuing this rulemaking compliance times specified, unless already continues to read as follows: under the authority described in done. Authority: 49 U.S.C. 106(g), 40113, 44701. Subtitle VII, Part A, Subpart III, Section (g) Required Actions 44701, General requirements. Under § 39.13 [Amended] Except as specified by paragraph (h) of this that section, Congress charges the FAA ■ AD: At the applicable times specified in the with promoting safe flight of civil 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) ‘‘Compliance,’’ paragraph of Boeing Alert aircraft in air commerce by prescribing Requirements Bulletin 747–21A2577 RB, regulations for practices, methods, and 2007–07–03, Amendment 39–15003 (72 FR 14395, March 28, 2007), and adding dated February 18, 2020, do all applicable procedures the Administrator finds actions identified in, and in accordance with, necessary for safety in air commerce. the following new AD: the Accomplishment Instructions of Boeing This regulation is within the scope of The Boeing Company: Docket No. FAA– Alert Requirements Bulletin 747–21A2577 that authority because it addresses an 2020–0848; Product Identifier 2020– RB, dated February 18, 2020. unsafe condition that is likely to exist or NM–088–AD. Note 1 to paragraph (g): Guidance for develop on products identified in this (a) Comments Due Date accomplishing the actions required by this rulemaking action. AD can be found in Boeing Alert Service The FAA must receive comments on this Bulletin 747–21A2577, dated February 18, Regulatory Findings AD action by November 6, 2020. 2020, which is referred to in Boeing Alert (b) Affected ADs Requirements Bulletin 747–21A2577 RB, The FAA has determined that this dated February 18, 2020. proposed AD would not have federalism This AD replaces AD 2007–07–03, Amendment 39–15003 (72 FR 14395, March (h) Exceptions to Service Information implications under Executive Order 28, 2007). 13132. This proposed AD would not Specifications have a substantial direct effect on the (c) Applicability (1) Where Boeing Alert Requirements States, on the relationship between the This AD applies to all The Boeing Bulletin 747–21A2577 RB, dated February national Government and the States, or Company Model 747–100, 747–100B, 747– 18, 2020, uses the phrase ‘‘the original issue on the distribution of power and 100B SUD, 747–200B, 747–200C, 747–200F, date of Requirements Bulletin 747–21A2577 747–300, 747–400, 747–400D, 747–400F, RB,’’ this AD requires using ‘‘the effective responsibilities among the various date of this AD.’’ levels of government. 747SR, and 747SP series airplanes, certificated in any category. (2) Where Boeing Alert Requirements For the reasons discussed above, I Bulletin 747–21A2577 RB, dated February certify that the proposed regulation: (d) Subject 18, 2020, specifies contacting Boeing for (1) Is not a ‘‘significant regulatory Air Transport Association (ATA) of repair instructions: This AD requires doing America Code 21, Air conditioning. the repair before further flight using a action’’ under Executive Order 12866, method approved in accordance with the (2) Will not affect intrastate aviation (e) Unsafe Condition procedures specified in paragraph (j) of this in Alaska, and This AD was prompted by reports of AD. sealant deteriorating on the outside of the (3) Will not have a significant center wing fuel tank and analysis showing (i) Parts Installation Prohibition economic impact, positive or negative, that sealant may deteriorate inside the tank As of the effective date of this AD, no on a substantial number of small entities due to excess heat from leaking trim air person may install an original fiberglass under the criteria of the Regulatory diffuser ducts or sidewall riser duct fabric material TADD assembly, having a part Flexibility Act. assemblies (collectively referred to as number listed in Appendix A of Boeing Alert

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Requirements Bulletin 747–21A2577 RB, DEPARTMENT OF TRANSPORTATION find this IBR material on the EASA dated February 18, 2020, on any airplane. website at https://ad.easa.europa.eu. Federal Aviation Administration (j) Alternative Methods of Compliance You may view this IBR material at the (AMOCs) FAA, Office of the Regional Counsel, 14 CFR Part 39 Southwest Region, 10101 Hillwood (1) The Manager, Seattle ACO Branch, Pkwy., Room 6N–321, Fort Worth, TX FAA, has the authority to approve AMOCs [Docket No. FAA–2016–3343; Product Identifier 2015–SW–078–AD] 76177. For information on the for this AD, if requested using the procedures availability of this material at the FAA, found in 14 CFR 39.19. In accordance with RIN 2120–AA64 call 817–222–5110. It is also available in 14 CFR 39.19, send your request to your the AD docket on the internet at https:// principal inspector or local Flight Standards Airworthiness Directives; Airbus www.regulations.gov by searching for District Office, as appropriate. If sending Helicopters and locating Docket No. FAA–2016– information directly to the manager of the certification office, send it to the attention of AGENCY: Federal Aviation 3343. the person identified in paragraph (k)(1) of Administration (FAA), DOT. Examining the AD Docket this AD. Information may be emailed to: 9- ACTION: Supplemental notice of You may examine the AD docket on [email protected]. proposed rulemaking (SNPRM); the internet at https:// (2) Before using any approved AMOC, reopening of comment period. notify your appropriate principal inspector, www.regulations.gov by searching for or lacking a principal inspector, the manager SUMMARY: The FAA is revising an earlier and locating Docket No. FAA–2016– of the local flight standards district office/ proposal to supersede Airworthiness 3343; or in person at Docket Operations certificate holding district office. Directive (AD) 2014–12–12, which between 9 a.m. and 5 p.m., Monday (3) An AMOC that provides an acceptable applies to certain Airbus Helicopters through Friday, except Federal holidays. level of safety may be used for any repair, Model EC120B and EC130B4 The AD docket contains this SNPRM, modification, or alteration required by this helicopters. This action revises the any comments received, and other AD if it is approved by The Boeing Company notice of proposed rulemaking (NPRM) information. The street address for Organization Designation Authorization by revising the compliance time, Docket Operations is listed above. (ODA) that has been authorized by the expanding the applicability, and Comments will be available in the AD Manager, Seattle ACO Branch, FAA, to make providing improved procedures for docket shortly after receipt. those findings. To be approved, the repair modifying the sliding door star support FOR FURTHER INFORMATION CONTACT: method, modification deviation, or alteration as specified in a European Union David Hatfield, Aviation Safety deviation must meet the certification basis of Aviation Safety Agency (EASA) AD, Engineer, Rotorcraft Standards Branch, the airplane, and the approval must which will be incorporated by reference. FAA, 10101 Hillwood Pkwy., Fort specifically refer to this AD. The FAA is proposing this AD to Worth, TX 76177; telephone 817–222– address the unsafe condition on these (k) Related Information 5116; email [email protected]. products. Since these actions would SUPPLEMENTARY INFORMATION: (1) For more information about this AD, impose an additional burden over those contact Susan L. Monroe, Aerospace in the NPRM, the FAA is reopening the Comments Invited Engineer, Cabin Safety and Environmental comment period to allow the public the The FAA invites you to participate in Systems Section, FAA, Seattle ACO Branch, chance to comment on these changes. this rulemaking by submitting written 2200 South 216th St., Des Moines, WA DATES: The comment period for the comments, data, or views about this 98198; phone and fax: 206–231–3570; email: NPRM published in the Federal proposal. The most helpful comments [email protected]. Register on October 26, 2016 (81 FR reference a specific portion of the (2) For service information identified in 74362), is reopened. this AD, contact Boeing Commercial proposal, explain the reason for any The FAA must receive comments on Airplanes, Attention: Contractual & Data recommended change, and include this SNPRM by November 6, 2020. Services (C&DS), 2600 Westminster Blvd., supporting data. To ensure the docket MC 110–SK57, Seal Beach, CA 90740–5600; ADDRESSES: You may send comments, does not contain duplicate comments, telephone 562–797–1717; internet https:// using the procedures found in 14 CFR commenters should send only one copy www.myboeingfleet.com. You may view this 11.43 and 11.45, by any of the following of written comments, or if comments are referenced service information at the FAA, methods: filed electronically, commenters should • Airworthiness Products Section, Operational Federal eRulemaking Portal: Go to submit only one time. Send your Safety Branch, 2200 South 216th St., Des https://www.regulations.gov. Follow the comments to an address listed under the Moines, WA. For information on the instructions for submitting comments. ADDRESSES section. Include ‘‘Docket No. availability of this material at the FAA, call • Fax: 202–493–2251. FAA–2016–3343; Product Identifier 206–231–3195. • Mail: U.S. Department of 2015–SW–078–AD’’ at the beginning of Transportation, Docket Operations, M– your comments. Issued on September 14, 2020. 30, West Building Ground Floor, Room Except for Confidential Business Lance T. Gant, W12–140, 1200 New Jersey Avenue SE, Information (CBI) as described in the Director, Compliance & Airworthiness Washington, DC 20590. following paragraph, and other Division, Aircraft Certification Service. • Hand Delivery: Deliver to Mail information as described in 14 CFR [FR Doc. 2020–20807 Filed 9–21–20; 8:45 am] address above between 9 a.m. and 5 11.35, the FAA will post all comments BILLING CODE 4910–13–P p.m., Monday through Friday, except received, without change, as well as a Federal holidays. report summarizing each substantive For material incorporated by reference public contact with FAA personnel (IBR) in this AD, contact the EASA, concerning this proposed rulemaking. Konrad-Adenauer-Ufer 3, 50668 Before acting on this proposal, the FAA Cologne, Germany; telephone +49 221 will consider all comments received by 8999 000; email [email protected]; the closing date for comments. The FAA internet www.easa.europa.eu. You may will consider comments filed after the

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comment period has closed if it is support pin for cracking and replacing Related Material Under 1 CFR Part 51 possible to do so without incurring it if necessary, and reinforcing the EASA AD 2020–0095 describes expense or delay. The FAA may change sliding door star support stringer. improved procedures for modifying the this NPRM because of those comments. Actions Since Previous NPRM Was door locking/unlocking mechanism (e.g. Confidential Business Information Issued modifying the sliding door star support CBI is commercial or financial Since the FAA issued the NPRM, by installing a reinforcing bracket and information that is both customarily and there have been several incidents replacing rod ends). This material is actually treated as private by its owner. involving helicopter left-hand doors reasonably available because the Under the Freedom of Information Act (both swinging and sliding) that interested parties have access to it (FOIA) (5 U.S.C. 552), CBI is exempt revealed weaknesses in the locking through their normal course of business from public disclosure. If your mechanism. The FAA has determined or by the means identified in the comments responsive to this NPRM the NPRM must be revised by revising ADDRESSES section. contain commercial or financial the compliance time, expanding the Comments information that is customarily treated applicability, and providing improved as private, that you actually treat as procedures for modifying the sliding The FAA gave the public the private, and that is relevant or door star support. opportunity to participate in developing responsive to this NPRM, it is important The EASA, which is the Technical this proposed AD. The following that you clearly designate the submitted Agent for the Member States of the presents the comment received on the comments as CBI. Please mark each European Union, has issued EASA AD NPRM and the FAA’s response to that page of your submission containing CBI 2020–0095, dated April 29, 2020 comment. as ‘‘PROPIN.’’ The FAA will treat such (‘‘EASA AD 2020–0095’’) (referred to Request To Refer to Revised Service marked submissions as confidential after this as the Mandatory Continuing Information under the FOIA, and they will not be Airworthiness Information, or ‘‘the placed in the public docket of this MCAI’’), to correct an unsafe condition Airbus Helicopters proposed that the NPRM. Submissions containing CBI for certain Airbus Helicopters Model service information specified in the should be sent to David Hatfield, EC120B and EC130B4 helicopters. NPRM be revised because it was not the Aviation Safety Engineer, Rotorcraft EASA advises that, after landing, the current revision level. The commenter Standards Branch, FAA, 10101 passengers on an Airbus Helicopters stated that revising the service Hillwood Pkwy., Fort Worth, TX 76177; Model EC120B helicopter could not information to reflect the current telephone 817–222–5116; email open the sliding door from inside. The revision level would prevent having to [email protected]. Any passengers had to leave the helicopter revise the final rule in the near future. commentary that the FAA receives through the other door. The results of The commenter explained that Airbus which is not specifically designated as the subsequent investigation revealed Helicopters Alert Service Bulletin CBI will be placed in the public docket failure of a sliding door star axle EC120–52A018, Revision 01; and Alert for this rulemaking. support. This condition, if not Service Bulletin EC130–52A019, Revision 01, were released July 12, Discussion corrected, could delay the evacuation from the helicopter in case of 2016, and included improved The FAA issued AD 2014–12–12, emergency, possibly resulting in injury procedures for replacing the rod ends Amendment 39–17873 (79 FR 36638, to the occupants. and installing the reinforcements of the June 30, 2014) (‘‘AD 2014–12–12’’). AD EASA AD 2020–0095 superseded sliding door star support. The 2014–12–12 requires actions to address EASA AD 2015–0020, dated February commenter noted that the revised an unsafe condition on certain Airbus 11, 2015 (‘‘EASA AD 2015–0020’’), service information also included Helicopters Model EC120B and which corresponds to FAA NPRM, additional helicopters in the effectivity. EC130B4 helicopters. AD 2014–12–12 Docket No. FAA–2016–3343. EASA AD The FAA acknowledges the requires inspecting the upper and lower 2015–0020 superseded EASA AD 2013– commenter’s concern regarding the locking pin control rod fittings for a 0093, dated April 15, 2013; corrected revision level of the service information bend, twist, or breakage and the star April 17, 2013, which corresponds to specified in the proposed AD (in the support pin for a crack; replacing FAA AD 2014–12–12. NPRM). Since the FAA issued the control rod end fittings and star support EASA AD 2020–0095 revises the NPRM, the AD format has changed and pins if necessary; and reinforcing the compliance time that was specified in instead of specifying the required sliding door star support stringer by EASA AD 2015–0020 and expands the service information in paragraph (g), installing three carbon fabric plies. applicability. Requirements, of this proposed AD The FAA issued an NPRM to amend You may examine the MCAI in the (SNPRM), operators would be required 14 CFR part 39 by adding an AD to AD docket on the internet at https:// to comply with all required actions and supersede AD 2014–12–12 that would www.regulations.gov by searching for compliance times specified in, and in apply to certain Airbus Helicopters and locating Docket No. FAA–2016– accordance with, EASA AD 2020–0095, Model EC120B and EC130B4 3343. except for any differences identified as helicopters. The NPRM published in the This proposed AD was prompted by exceptions in the regulatory text of this Federal Register on October 26, 2016 a report of passengers not being able to proposed AD and except as discussed (81 FR 74362) (‘‘the NPRM’’). The open a helicopter’s left-hand door after under ‘‘Differences Between This NPRM was prompted by a report of landing. The FAA is proposing this AD Proposed AD and the MCAI.’’ EASA AD passengers not being able to open a to address failure of the sliding door star 2020–0095 specifies that operators must helicopter’s left-hand door after landing. support, which could inhibit the use Airbus Helicopters Alert Service The NPRM proposed to require operation of the sliding door from the Bulletin EC120–52A018, Revision 01; inspecting each upper and lower inside, delaying the evacuation of and Alert Service Bulletin EC130– locking pin control rod end fitting and passengers during an emergency. See 52A019, Revision 01, both dated July replacing it if necessary, cleaning and the MCAI for additional background 12, 2016, as the required service dye-penetrant inspecting the star information. information. The FAA has not changed

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this proposed AD (SNPRM) in regard to Explanation of Required Compliance ‘‘Required Action(s) and Compliance this issue. Information Time(s)’’ in the EASA AD. Service information specified in EASA AD FAA’s Determination and Requirements In the FAA’s ongoing efforts to 2020–0095 that is required for of This Proposed AD improve the efficiency of the AD compliance with EASA AD 2020–0095 This product has been approved by process, the FAA initially worked with will be available on the internet at the aviation authority of another Airbus and EASA to develop a process https://www.regulations.gov by country, and is approved for operation to use certain EASA ADs as the primary searching for and locating Docket No. in the United States. Pursuant to the source of information for compliance FAA–2016–3343 after the FAA final bilateral agreement with the State of with requirements for corresponding rule is published. Design Authority, the FAA has been FAA ADs. The FAA has since notified of the unsafe condition coordinated with other manufacturers Differences Between This Proposed AD described in the MCAI referenced and civil aviation authorities (CAAs) to and the MCAI above. The FAA is proposing this AD use this process. As a result, EASA AD EASA AD 2020–0095 specifies to do because the FAA evaluated all the 2020–0095 will be incorporated by the modification within 24 months. This relevant information and determined reference in the FAA final rule. This proposed AD would require the the unsafe condition described proposed AD would, therefore, require modification be done within 460 hours previously is likely to exist or develop compliance with EASA AD 2020–0095 time-in-service (TIS), based on an in other products of the same type in its entirety, through that average of 230 hours TIS per year. The design. incorporation, except for any differences FAA has determined this compliance identified as exceptions in the time represents the maximum interval Proposed AD Requirements regulatory text of this proposed AD. of time allowable for the affected This proposed AD would require Using common terms that are the same helicopters to continue to safely operate accomplishing the actions specified in as the heading of a particular section in before the modification is done. EASA AD 2020–0095 described the EASA AD does not mean that previously, as incorporated by operators need comply only with that Costs of Compliance reference, except for any differences section. For example, where the AD The FAA estimates that this proposed identified as exceptions in the requirement refers to ‘‘all required AD affects 355 helicopters of U.S. regulatory text of this AD and except as actions and compliance times,’’ registry. The FAA estimates the discussed under ‘‘Differences Between compliance with this AD requirement is following costs to comply with this this Proposed AD and the MCAI.’’ not limited to the section titled proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

20 work-hours × $85 per hour = $1,700 ...... $642 $2,342 $831,410

According to the manufacturer, some that authority because it addresses an List of Subjects in 14 CFR Part 39 or all of the costs of this proposed AD unsafe condition that is likely to exist or may be covered under warranty, thereby develop on products identified in this Air transportation, Aircraft, Aviation reducing the cost impact on affected rulemaking action. safety, Incorporation by reference, operators. The FAA does not control Safety. Regulatory Findings warranty coverage for affected operators. The Proposed Amendment As a result, the FAA has included all The FAA determined that this known costs in the cost estimate. proposed AD would not have federalism Accordingly, under the authority delegated to me by the Administrator, Authority for This Rulemaking implications under Executive Order 13132. This proposed AD would not the FAA proposes to amend 14 CFR part Title 49 of the United States Code have a substantial direct effect on the 39 as follows: specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, States, on the relationship between the PART 39—AIRWORTHINESS section 106, describes the authority of national Government and the States, or DIRECTIVES the FAA Administrator. Subtitle VII: on the distribution of power and responsibilities among the various Aviation Programs, describes in more ■ 1. The authority citation for part 39 levels of government. detail the scope of the Agency’s continues to read as follows: authority. For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. The FAA is issuing this rulemaking certify this proposed regulation: under the authority described in (1) Is not a ‘‘significant regulatory § 39.13 [Amended] Subtitle VII, Part A, Subpart III, Section action’’ under Executive Order 12866, 44701: General requirements. Under ■ 2. The FAA amends § 39.13 by that section, Congress charges the FAA (2) Will not affect intrastate aviation removing Airworthiness Directive (AD) with promoting safe flight of civil in Alaska, and 2014–12–12, Amendment 39–17873 (79 aircraft in air commerce by prescribing (3) Will not have a significant FR 36638, June 30, 2014), and adding regulations for practices, methods, and economic impact, positive or negative, the following new AD: procedures the Administrator finds on a substantial number of small entities Airbus Helicopters: Docket No. FAA–2016– necessary for safety in air commerce. under the criteria of the Regulatory 3343; Product Identifier 2015–SW–078– This regulation is within the scope of Flexibility Act. AD.

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(a) Comments Due Date (j) Related Information DATES: The FAA must receive comments The FAA must receive comments by (1) For information about EASA AD 2020– on this proposed AD by November 6, November 6, 2020. 0095, contact the EASA, Konrad-Adenauer- 2020. Ufer 3, 50668 Cologne, Germany; telephone ADDRESSES: You may send comments, (b) Affected ADs +49 221 8999 000; email ADs@ This AD replaces AD 2014–12–12, easa.europa.eu; internet using the procedures found in 14 CFR Amendment 39–17873 (79 FR 36638, June www.easa.europa.eu. You may find this 11.43 and 11.45, by any of the following 30, 2014) (‘‘AD 2014–12–12’’). EASA AD on the EASA website at https:// methods: ad.easa.europa.eu. You may view this • Federal eRulemaking Portal: Go to (c) Applicability material at the FAA, Office of the Regional https://www.regulations.gov. Follow the This AD applies to Airbus Helicopters Counsel, Southwest Region, 10101 Hillwood instructions for submitting comments. Model EC120B and EC130B4 helicopters, Pkwy., Room 6N–321, Fort Worth, TX 76177. • Fax: 202–493–2251. certificated in any category, as identified in For information on the availability of this • Mail: U.S. Department of European Union Aviation Safety Agency material at the FAA, call 817–222–5110. This Transportation, Docket Operations, M– (EASA) AD 2020–0095, dated April 29, 2020 material may be found in the AD docket on 30, West Building Ground Floor, Room (‘‘EASA AD 2020–0095’’). the internet at https://www.regulations.gov by searching for and locating Docket No. W12–140, 1200 New Jersey Avenue SE, (d) Subject FAA–2016–3343. Washington, DC 20590. Joint Aircraft System Component (JASC) (2) For more information about this AD, • Hand Delivery: Deliver to Mail Code 5200, Doors. contact David Hatfield, Aviation Safety address above between 9 a.m. and 5 (e) Reason Engineer, Rotorcraft Standards Branch, FAA, p.m., Monday through Friday, except 10101 Hillwood Pkwy., Fort Worth, TX Federal holidays. This AD was prompted by reports of 76177; telephone 817–222–5485; email • For service information identified passengers not being able to open a [email protected]. in this NPRM, contact Textron Aviation helicopter’s left-hand door after landing. The FAA is issuing this AD to address failure of Issued on September 15, 2020. Inc., One Cessna Boulevard, Wichita, KS the sliding door star support, which could Lance T. Gant, 67215: Telephone: 316–517–5800: inhibit the operation of the sliding door from Director, Compliance & Airworthiness email: teamturbopropsupport@ the inside, delaying the evacuation of Division, Aircraft Certification Service. txtav.com; internet: https:// passengers during an emergency. [FR Doc. 2020–20718 Filed 9–21–20; 8:45 am] support.cessna.com. You may view this service information at the FAA, (f) Compliance BILLING CODE 4910–13–P Airworthiness Products Section, Comply with this AD within the Operational Safety Branch, 901 Locust compliance times specified, unless already done. DEPARTMENT OF TRANSPORTATION St., Kansas City, MO 64106. For information on the availability of this (g) Requirements Federal Aviation Administration material at the FAA, call 816–329–4148. Except as specified in paragraph (h) of this Examining the AD Docket AD: Comply with all required actions and 14 CFR Part 39 compliance times specified in, and in You may examine the AD docket on accordance with, EASA AD 2020–0095. [Docket No. FAA–2020–0811; Product the internet at https:// (h) Exceptions to EASA AD 2020–0095 Identifier 2019–CE–055–AD] www.regulations.gov by searching for and locating Docket No. FAA–2020– (1) Where EASA AD 2020–0095 refers to its RIN 2120–AA64 effective date, this AD requires using the 0811; or in person at Docket Operations effective date of this AD. between 9 a.m. and 5 p.m., Monday Airworthiness Directives; Textron through Friday, except Federal holidays. (2) Where paragraph (1) of EASA AD 2020– Aviation Inc. (Textron) Airplanes 0095 specifies to complete the actions within The AD docket contains this NPRM, the 24 months after its effective date, this AD AGENCY: Federal Aviation regulatory evaluation, any comments requires completion within 460 hours time- Administration (FAA), DOT. received, and other information. The in-service after the effective date of this AD. street address for Docket Operations is ACTION: Notice of proposed rulemaking (3) The ‘‘Remarks’’ section of EASA AD listed above. Comments will be (NPRM). 2020–0095 does not apply to this AD. available in the AD docket shortly after (4) Although the service information referenced in EASA AD 2020–0095 specifies SUMMARY: The FAA proposes to adopt a receipt. to discard certain parts, this AD does not new airworthiness directive (AD) for FOR FURTHER INFORMATION CONTACT: include that requirement. certain Textron (type certificate Bobbie Kroetch, Aerospace Engineer, (i) Alternative Methods of Compliance previously held by Cessna Aircraft Wichita ACO Branch, FAA, 1801 (AMOCs) Company) Models 208 and 208B Airport Road, Wichita, Kansas 67209; airplanes. This proposed AD was phone: 316–946–4155; fax: 316–946– (1) The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs for this prompted by reports of loose elevator 4107; email: [email protected] or AD. Send your proposal to: David Hatfield, torque tube attach fasteners. This [email protected]. Aviation Safety Engineer, Rotorcraft proposed AD would require repetitively SUPPLEMENTARY INFORMATION: Standards Branch, FAA, 10101 Hillwood inspecting the inboard and outboard Pkwy., Fort Worth, TX 76177; telephone elevator torque tube attachments for Comments Invited 817–222–5116; email 9-ASW-FTW-AMOC- loose or incorrectly installed fasteners, The FAA invites you to send any [email protected]. replacing all fasteners if loose or written relevant data, views, or (2) For operations conducted under a 14 incorrectly installed fasteners are found, arguments about this proposal. Send CFR part 119 operating certificate or under and reporting the inspection results to your comments to an address listed 14 CFR part 91, subpart K, notify your ADDRESSES principal inspector or lacking a principal the FAA. This AD also includes under the section. Include inspector, the manager of the local flight optional actions to terminate the ‘‘Docket No. FAA–2020–0811; Product standards district office or certificate holding repetitive inspections. The FAA is Identifier 2019–CE–055–AD’’ at the district office, before operating any aircraft proposing this AD to address the unsafe beginning of your comments. The FAA complying with this AD through an AMOC. condition on these products. will consider all comments received by

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the closing date and may amend this airplanes. Textron identified a quality Proposed AD Requirements NPRM because of those comments. escape affecting certain serial-numbered This proposed AD would require Except for Confidential Business Model 208 and 208B airplanes. Fastener accomplishing the actions specified in Information (CBI) as described in the holes in the inboard and outboard the service information described following paragraph, and other elevator torque tube connections may previously, except as discussed under information as described in 14 CFR have been oversized and fasteners at the ‘‘Differences Between this Proposed AD 11.35, the FAA will post all comments inboard and outboard torque tube and the Service Information.’’ This received, without change, to https:// connections may have been installed proposed AD also requires reporting the www.regulations.gov, including any incorrectly. inspection results to the FAA. personal information you provide. The This condition, if not addressed, FAA will also post a report could result in failure of the elevator Differences Between This Proposed AD summarizing each substantive verbal torque tube fasteners, leading to loss of and the Service Information contact it receives about this proposed elevator control and loss of controlled Task 27–30–00–290 only specifies AD. flight. replacing loose fasteners. The proposed Confidential Business Information Related Service Information Under 1 AD would require replacement of all 48 CFR Part 51 fasteners if any single inboard or Confidential Business Information The FAA reviewed Task 27–30–00– outboard elevator torque tube attach (CBI) is commercial or financial 290, Left and Right Elevator Torque fastener is found loose or incorrectly information that is both customarily and Tube Attach Points (Borescope) Special installed. The FAA determined based on actually treated as private by its owner. Detailed Inspection, dated October 1, field evidence that identification of one Under the Freedom of Information Act 2018, of the Cessna Model 208 loose fastener often indicates other (FOIA) (5 U.S.C. 552), CBI is exempt Maintenance Manual (Task 27–30–00– fasteners may be affected. from public disclosure. If your 290). This service information contains comments responsive to this NPRM CAB–27–06, which would not be procedures for performing a detailed incorporated by reference in this contain commercial or financial borescope inspection of the left and information that is customarily treated proposed AD, specifies performing an right elevator torque tube attach points. initial inspection within 800 flight as private, that you actually treat as This service information is reasonably private, and that is relevant or hours or 12 months from date of receipt, available because the interested parties whichever occurs first. This proposed responsive to this NPRM, it is important have access to it through their normal that you clearly designate the submitted AD would require an initial inspection course of business or by the means before the airplane accumulates 800 comments as CBI. Please mark each identified in the ADDRESSES section. page of your submission containing CBI hours time-in-service (TIS) or within as ‘‘PROPIN.’’ The FAA will treat such Other Related Service Information 200 hours TIS after the AD effectivity date, whichever occurs later. marked submissions as confidential The FAA also reviewed Textron under the FOIA, and they will not be Aviation Mandatory Caravan Service CAB–27–06 also specifies, without placed in the public docket of this Bulletin CAB–27–06, dated October 14, sufficient data, that an inspection is not NPRM. Submissions containing CBI 2019 (CAB–27–06). This service required for airplanes that have reached should be sent to Bobbie Kroetch, information contains instructions for 4,000 hours. The FAA determined an Aerospace Engineer, Wichita ACO visually inspecting the left and right inspection of high-time airplanes is Branch, FAA, 1801 Airport Road, elevator torque tube attach points for the necessary to verify whether these Wichita, Kansas 67209. Any presence of loose rivets and replacing airplanes are affected. This proposed commentary that the FAA receives loose or incorrectly installed rivets. AD would require a one-time visual which is not specifically designated as inspection for airplanes that have CBI will be placed in the public docket FAA’s Determination already accumulated 4,000 hours TIS. for this rulemaking. The FAA is proposing this AD Costs of Compliance because it evaluated all the relevant Discussion information and determined the unsafe The FAA estimates that this proposed The FAA received reports of loose condition described previously is likely AD affects 232 airplanes of U.S. registry. elevator torque tube attach fasteners on to exist or develop in other products of The FAA estimates the following low flight time Textron Model 208B this same type design. costs to comply with this proposed AD:

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = $85 ... Not applicable ...... $85 per inspection cycle $19,720 per inspection cycle. Reporting Requirement .. 1 work-hour × $85 per hour = $85 ... Not applicable ...... $85 per report ...... $19,720 per report.

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

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ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Fastener Replacement: All 48 Fasteners ...... 16 work-hours × $85 per hour = $1,360 ...... $10 $1,370.

According to the manufacturer, some that is likely to exist or develop on (c) Applicability of the costs of this proposed AD may be products identified in this rulemaking This AD applies to Textron Aviation Inc. covered under warranty, thereby action. (Textron) (type certificate previously held by reducing the cost impact on affected Cessna Aircraft Company) Model 208 Regulatory Findings individuals. The FAA does not control airplanes, serial numbers 20800564 through warranty coverage for affected The FAA determined that this 20800594 and 20800603 through 20800605; individuals. As a result, the FAA has proposed AD would not have federalism and Model 208B airplanes, serial numbers included all costs in this cost estimate. 208B5141 through 208B5285, 208B5287 implications under Executive Order through 208B5305, 208B5307 through Paperwork Reduction Act 13132. This proposed AD would not 208B5312, 208B5314, 208B5316 through have a substantial direct effect on the A federal agency may not conduct or 208B5344, 208B5346 through 208B5350, States, on the relationship between the 208B5353, 208B5354, 208B5356 through sponsor, and a person is not required to national government and the States, or 208B5359, 208B5362 through 208B5366, respond to, nor shall a person be subject on the distribution of power and 208B5401, 208B5403, 208B5404, and to a penalty for failure to comply with responsibilities among the various 208B5408; certificated in any category. a collection of information subject to the levels of government. requirements of the Paperwork (d) Subject Reduction Act unless that collection of For the reasons discussed above, I Joint Aircraft System Component (JASC)/ information displays a currently valid certify this proposed regulation: Air Transport Association (ATA) of America OMB Control Number. The OMB (1) Is not a ‘‘significant regulatory Code: 5520, Elevator Structure. Control Number for this information action’’ under Executive Order 12866, (e) Unsafe Condition collection is 2120–0056. Public (2) Will not affect intrastate aviation This AD was prompted by reports loose reporting for this collection of in Alaska, and elevator torque tube attach fasteners. The information is estimated to be (3) Will not have a significant FAA is issuing this AD to detect and correct approximately 1 hour per response, economic impact, positive or negative, loosening and eventual failure of the elevator including the time for reviewing on a substantial number of small entities torque tube attach fasteners. The unsafe instructions, searching existing data under the criteria of the Regulatory condition, if not addressed, could result in loss of elevator control, resulting in loss of sources, gathering and maintaining the Flexibility Act. data needed, completing and reviewing control of the airplane. the collection of information. All List of Subjects in 14 CFR Part 39 (f) Compliance responses to this collection of Air transportation, Aircraft, Aviation Comply with this AD within the information are mandatory. Send safety, Incorporation by reference, compliance times specified, unless already comments regarding this burden Safety. done. estimate or any other aspect of this (g) Inspection and Fastener Replacement collection of information, including The Proposed Amendment suggestions for reducing this burden to: (1) At the following compliance times, Accordingly, under the authority inspect each inboard and outboard elevator Information Collection Clearance delegated to me by the Administrator, torque tube attach fastener for looseness and Officer, Federal Aviation the FAA proposes to amend 14 CFR part fretting by following sections 2.C. and 2.D. of Administration, 10101 Hillwood 39 as follows: Task 27–30–00–290, Left and Right Elevator Parkway, Fort Worth, TX 76177–1524. Torque Tube Attach Points (Borescope) Authority for This Rulemaking PART 39—AIRWORTHINESS Special Detailed Inspection, dated October 1, DIRECTIVES 2018, of the Cessna Model 208 Maintenance Title 49 of the United States Code Manual. You must also inspect for specifies the FAA’s authority to issue incorrectly installed fasteners. ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, (i) For airplanes that have accumulated less continues to read as follows: section 106, describes the authority of than 800 hours time-in-service (TIS) as of the the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD, complete the initial inspection before the airplane accumulates Aviation Programs, describes in more § 39.13 [Amended] 800 hours TIS or within 200 hours TIS after detail the scope of the Agency’s ■ the effective date of the AD, whichever authority. 2. The FAA amends § 39.13 by adding occurs later. Thereafter, repeat the visual The FAA is issuing this rulemaking the following new airworthiness inspection at intervals not to exceed 200 under the authority described in directive (AD): hours TIS until the airplane has accumulated Subtitle VII, Part A, Subpart III, Section Textron Aviation Inc. (Type Certificate 4,000 hours TIS or until all 48 elevator torque 44701: General requirements under that Previously Held by Cessna Aircraft tube attach fasteners are replaced, whichever section, Congress charges the FAA with Company): Docket No. FAA–2020–0811; occurs first. promoting safe flight of civil aircraft in Product Identifier 2019–CE–055–AD. (ii) For airplanes that have accumulated air commerce by prescribing regulations 800 or more hours TIS but less than 4,000 (a) Comments Due Date hours TIS as of the effective date of this AD, for practices, methods, and procedures The FAA must receive comments by complete the initial inspection within 200 the Administrator finds necessary for November 6, 2020. hours TIS after the effective date of the AD. safety in air commerce. This regulation Thereafter, repeat the visual inspection at is within the scope of that authority (b) Affected ADs intervals not to exceed 200 hours TIS until because it addresses an unsafe condition None. the airplane has accumulated 4,000 hours

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TIS or until all 48 elevator torque tube attach instructions, searching existing data sources, ACTION: Notice of proposed rulemaking fasteners are replaced, whichever occurs first. gathering and maintaining the data needed, (NPRM). (iii) For airplanes that have accumulated completing and reviewing the collection of 4,000 or more hours TIS as of the effective information. All responses to this collection SUMMARY: The FAA proposes to adopt a date of this AD, complete a one-time visual of information are mandatory. Send new airworthiness directive (AD) for inspection within 200 hours TIS after the comments regarding this burden estimate or certain Airbus SAS Model A350–941 effective date of the AD. No repetitive any other aspect of this collection of and –1041 airplanes. This proposed AD inspections are required after completion of information, including suggestions for the one-time visual inspection. reducing this burden to: Information was prompted by reports of migration of (2) If there are any loose, fretting, or Collection Clearance Officer, Federal the bushings of the horizontal tail plane incorrectly installed fasteners, remove the Aviation Administration, 10101 Hillwood (HTP) lateral load fittings (LLFs) on the elevator and replace all 48 elevator torque Parkway, Fort Worth, TX 76177–1524. left- and right-hand sides during flight tube attach fasteners (24 per side, with 12 test. This proposed AD would require each on the inboard and outboard elevator (j) Alternative Methods of Compliance (AMOCs) repetitive inspections for migration of torque tube attach point) before further flight. the bushings of the HTP LLFs on the Maintain proper alignment by marking each (1) The Manager, Wichita ACO Branch, left- and right-hand sides, and FAA, has the authority to approve AMOCs part prior to removal and by replacing one terminating repair or modification of fastener at a time. Replacing all 48 fasteners for this AD, if requested using the procedures is terminating action for the repetitive found in 14 CFR 39.19. In accordance with any affected bushing, as specified in a inspections required by paragraphs (g)(1)(i) 14 CFR 39.19, send your request to your European Union Aviation Safety Agency and (ii) of this AD. principal inspector or local Flight Standards (EASA), which will be incorporated by (3) If all 48 fasteners were replaced before District Office, as appropriate. If sending reference. The FAA is proposing this the effective date of this AD by following the information directly to the manager of the AD to address the unsafe condition on instructions in paragraph (g)(2) of this AD, certification office, send it to the attention of these products. then the initial and recurring inspections the person identified in the Related DATES: The FAA must receive comments detailed in paragraph (g)(1) of this AD are not Information section of this AD. required provided you report the information (2) Before using any approved AMOC, on this proposed AD by November 6, required by paragraph (h) of this AD. notify your appropriate principal inspector, 2020. or lacking a principal inspector, the manager (h) Reporting Requirement ADDRESSES: You may send comments, of the local flight standards district office/ using the procedures found in 14 CFR Within 30 days after doing the initial certificate holding district office. inspection (regardless if loose, fretting, or 11.43 and 11.45, by any of the following (k) Related Information methods: incorrectly installed fasteners were found) or • within 30 days after the effective date of this (1) For more information about this AD, Federal eRulemaking Portal: Go to AD, whichever occurs later, and then within contact Bobbie Kroetch, Aerospace Engineer, https://www.regulations.gov. Follow the 30 days after each inspection where loose, Wichita ACO Branch, FAA, 1801 Airport Rd, instructions for submitting comments. fretting, or incorrectly installed fasteners Wichita, KS 67209; phone: 316–946–4155; • Fax: 202–493–2251. were found, report the following information fax: 316–946–4107; email: bobbie.kroetch@ • Mail: U.S. Department of to the FAA at [email protected]: faa.gov or [email protected]. Transportation, Docket Operations, M– (2) For service information identified in (1) Name and address of owner. 30, West Building Ground Floor, Room (2) Date of the inspection. this AD, contact Textron Aviation Inc., One (3) Name, address, telephone number, and Cessna Boulevard, Wichita, KS 67215, W12–140, 1200 New Jersey Avenue SE, telephone: 316–517–5800, email: Washington, DC 20590. email address of person submitting the • report. [email protected], internet: Hand Delivery: Deliver to Mail (4) Airplane serial number, registration https://support.cessna.com. You may review address above between 9 a.m. and 5 number, and total hours TIS on the airplane this referenced service information at the p.m., Monday through Friday, except at the time of the inspection. FAA, Airworthiness Products Section, Federal holidays. (5) If an earlier inspection identified loose, Operational Safety Branch, 901 Locust, For the material incorporated by fretting, or incorrectly installed fasteners, Kansas City, Missouri 64106. For information reference (IBR) in this AD, contact the on the availability of this material at the identify the hours TIS on the airplane and EASA, Konrad-Adenauer-Ufer 3, 50668 which fasteners were replaced, if known, or FAA, call (816) 329–4148. Cologne, Germany; telephone +49 221 if all fasteners were replaced. Issued on September 15, 2020. (6) If loose, fretting, or incorrectly installed 8999 000; email [email protected]; fasteners were found, detailed information Lance T. Gant, internet www.easa.europa.eu. You may including a sketch or picture showing the Director, Compliance & Airworthiness find this IBR material on the EASA location of the loose, fretting, or incorrectly Division, Aircraft Certification Service. website at https://ad.easa.europa.eu. installed fasteners and identification of any [FR Doc. 2020–20681 Filed 9–21–20; 8:45 am] You may view this IBR material at the installed supplemental type certificates BILLING CODE 4910–13–P FAA, Airworthiness Products Section, (STCs), alterations, repairs, or field approvals Operational Safety Branch, 2200 South affecting the area of concern. 216th St., Des Moines, WA. For (i) Paperwork Reduction Act Burden DEPARTMENT OF TRANSPORTATION information on the availability of this Statement material at the FAA, call 206–231–3195. Federal Aviation Administration A federal agency may not conduct or It is also available in the AD docket on sponsor, and a person is not required to the internet at https:// respond to, nor shall a person be subject to 14 CFR Part 39 www.regulations.gov by searching for a penalty for failure to comply with a [Docket No. FAA–2020–0846; Project and locating Docket No. FAA–2020– collection of information subject to the Identifier MCAI–2020–00806–T] 0846. requirements of the Paperwork Reduction Act unless that collection of information RIN 2120–AA64 Examining the AD Docket displays a currently valid OMB Control Number. The OMB Control Number for this Airworthiness Directives; Airbus SAS You may examine the AD docket on information collection is 2120–0056. Public Airplanes the internet at https:// reporting for this collection of information is www.regulations.gov by searching for estimated to be approximately 1 hour per AGENCY: Federal Aviation and locating Docket No. FAA–2020– response, including the time for reviewing Administration (FAA), DOT. 0846; or in person at Docket Operations

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between 9 a.m. and 5 p.m., Monday private, and that is relevant or notified of the unsafe condition through Friday, except Federal holidays. responsive to this NPRM, it is important described in the MCAI referenced The AD docket contains this NPRM, any that you clearly designate the submitted above. The FAA is proposing this AD comments received, and other comments as CBI. Please mark each because the FAA evaluated all the information. The street address for page of your submission containing CBI relevant information and determined Docket Operations is listed above. as ‘‘PROPIN.’’ The FAA will treat such the unsafe condition described Comments will be available in the AD marked submissions as confidential previously is likely to exist or develop docket shortly after receipt. under the FOIA, and they will not be in other products of the same type FOR FURTHER INFORMATION CONTACT: placed in the public docket of this design. NPRM. Submissions containing CBI Kathleen Arrigotti, Aerospace Engineer, Proposed AD Requirements Large Aircraft Section, International should be sent to the person identified Validation Branch, FAA, 2200 South in the FOR FURTHER INFORMATION This proposed AD would require 216th St., Des Moines, WA 98198; CONTACT section. Any commentary that accomplishing the actions specified in telephone and fax 206–231–3218; email the FAA receives which is not EASA AD 2020–0139R1 described [email protected]. specifically designated as CBI will be previously, as incorporated by placed in the public docket for this SUPPLEMENTARY INFORMATION: reference, except for any differences rulemaking. identified as exceptions in the Comments Invited Discussion regulatory text of this AD. The FAA invites you to participate in The EASA, which is the Technical Explanation of Required Compliance this rulemaking by submitting written Agent for the Member States of the Information comments, data, or views about this European Union, has issued EASA AD In the FAA’s ongoing efforts to proposal. The most helpful comments 2020–0139R1, dated July 3, 2020 improve the efficiency of the AD reference a specific portion of the (‘‘EASA AD 2020–0139R1’’) (also process, the FAA initially worked with proposal, explain the reason for any referred to as the Mandatory Continuing Airbus and EASA to develop a process recommended change, and include Airworthiness Information, or ‘‘the to use certain EASA ADs as the primary supporting data. To ensure the docket MCAI’’), to correct an unsafe condition source of information for compliance does not contain duplicate comments, for certain Airbus SAS Model A350–941 with requirements for corresponding commenters should send only one copy and –1041 airplanes. FAA ADs. The FAA has since of written comments, or if comments are This proposed AD was prompted by coordinated with other manufacturers filed electronically, commenters should reports of migration of the bushings of and civil aviation authorities (CAAs) to submit only one time. Send your the HTP LLFs on the left- and right- use this process. As a result, EASA AD comments to an address listed under the hand sides during flight test. The FAA 2020–0139R1 will be incorporated by ADDRESSES section. Include ‘‘Docket No. is proposing this AD to address reference in the FAA final rule. This FAA–2020–0846; Project Identifier combined corrosion and fatigue damage proposed AD would, therefore, require MCAI–2020–00806–T at the beginning of the primary structure, possibly compliance with EASA AD 2020– of your comments. resulting in failure of an HTP LLF and 0139R1 in its entirety, through that Except for Confidential Business damage to adjacent structure, which incorporation, except for any differences Information (CBI) as described in the could result in reduced controllability identified as exceptions in the following paragraph, and other of the airplane. See the MCAI for regulatory text of this proposed AD. information as described in 14 CFR additional background information. 11.35, the FAA will post all comments Using common terms that are the same received, without change, as well as a Related IBR Material Under 1 CFR Part as the heading of a particular section in report summarizing each substantive 51 the EASA AD does not mean that public contact with FAA personnel EASA AD 2020–0139R1 describes operators need comply only with that concerning this proposed rulemaking. procedures for repetitive detailed section. For example, where the AD Before acting on this proposal, the FAA inspections for migration of the requirement refers to ‘‘all required will consider all comments received by bushings of the HTP LLF on the left- actions and compliance times,’’ the closing date for comments. The FAA and right-hand sides; and repair or compliance with this AD requirement is will consider comments filed after the modification of any affected bushing, not limited to the section titled comment period has closed if it is which eliminates the need for the ‘‘Required Action(s) and Compliance possible to do so without incurring repetitive inspections. This material is Time(s)’’ in the EASA AD. Service expense or delay. The FAA may change reasonably available because the information specified in EASA AD this NPRM because of those comments. interested parties have access to it 2020–0139R1 that is required for compliance with EASA AD 2020– Confidential Business Information through their normal course of business or by the means identified in the 0139R1 will be available on the internet CBI is commercial or financial ADDRESSES section. at https://www.regulations.gov by information that is both customarily and searching for and locating Docket No. actually treated as private by its owner. FAA’s Determination and Requirements FAA–2020–0846 after the FAA final Under the Freedom of Information Act of This Proposed AD rule is published. (FOIA) (5 U.S.C. 552), CBI is exempt This product has been approved by Costs of Compliance from public disclosure. If your the aviation authority of another comments responsive to this NPRM country, and is approved for operation The FAA estimates that this proposed contain commercial or financial in the United States. Pursuant to the AD affects 13 airplanes of U.S. registry. information that is customarily treated FAA’s bilateral agreement with the State The FAA estimates the following costs as private, that you actually treat as of Design Authority, the FAA has been to comply with this proposed AD:

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ESTIMATED COSTS FOR REQUIRED ACTIONS

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

10 work-hours × $85 per hour = $850 ...... $0 $850 $11,050 per inspection cycle.

The FAA estimates that it would take requirement in this proposed AD. The cost of reporting the inspection results about 1 work-hour per product to average labor rate is $85 per hour. Based on U.S. operators to be $1,105, or $85 comply with the proposed reporting on these figures, the FAA estimates the per product.

ESTIMATED COSTS FOR OPTIONAL ACTIONS

Labor cost Parts cost Cost per product

Up to 38 work-hours × $85 per hour = Up to $3,230 ...... $0 Up to $3,230.

Paperwork Reduction Act unsafe condition that is likely to exist or (a) Comments Due Date A federal agency may not conduct or develop on products identified in this The FAA must receive comments by sponsor, and a person is not required to rulemaking action. November 6, 2020. respond to, nor shall a person be subject Regulatory Findings (b) Affected ADs to penalty for failure to comply with a The FAA determined that this None. collection of information subject to the proposed AD would not have federalism requirements of the Paperwork (c) Applicability implications under Executive Order Reduction Act unless that collection of This AD applies to Airbus SAS Model 13132. This proposed AD would not information displays a current valid A350–941 and –1041 airplanes, certificated have a substantial direct effect on the OMB control number. The control in any category, as identified in European States, on the relationship between the number for the collection of information Union Aviation Safety Agency (EASA) AD national Government and the States, or 2020–0139R1, dated July 3, 2020 (‘‘EASA AD required by this proposed AD is 2120– on the distribution of power and 2020–0139R1’’). 0056. The paperwork cost associated responsibilities among the various with this proposed AD has been (d) Subject levels of government. detailed in the Costs of Compliance Air Transport Association (ATA) of For the reasons discussed above, I section of this document and includes America Code 55, Stabilizers. certify this proposed regulation: time for reviewing instructions, as well (1) Is not a ‘‘significant regulatory (e) Reason as completing and reviewing the action’’ under Executive Order 12866, This AD was prompted by reports of collection of information. Therefore, all (2) Will not affect intrastate aviation migration of the bushings of the horizontal reporting associated with this proposed in Alaska, and tail plane (HTP) lateral load fittings (LLFs) on AD is mandatory. Comments concerning (3) Will not have a significant the left- and right-hand sides during flight the accuracy of this burden and economic impact, positive or negative, test. The FAA is issuing this AD to address suggestions for reducing the burden on a substantial number of small entities combined corrosion and fatigue damage of should be directed to Information under the criteria of the Regulatory the primary structure, possibly resulting in failure of an HTP LLF and damage to Collection Clearance Officer, Federal Flexibility Act. Aviation Administration, 10101 adjacent structure, which could result in Hillwood Parkway, Fort Worth, TX List of Subjects in 14 CFR Part 39 reduced controllability of the airplane. 76177–1524. Air transportation, Aircraft, Aviation (f) Compliance Authority for This Rulemaking safety, Incorporation by reference, Comply with this AD within the Safety. compliance times specified, unless already Title 49 of the United States Code done. specifies the FAA’s authority to issue The Proposed Amendment (g) Requirements rules on aviation safety. Subtitle I, Accordingly, under the authority section 106, describes the authority of delegated to me by the Administrator, Except as specified in paragraph (h) of this AD: Comply with all required actions and the FAA Administrator. Subtitle VII: the FAA proposes to amend 14 CFR part Aviation Programs, describes in more compliance times specified in, and in 39 as follows: accordance with, EASA AD 2020–0139R1. detail the scope of the Agency’s authority. PART 39—AIRWORTHINESS (h) Exceptions to EASA AD 2020–0139R1 The FAA is issuing this rulemaking DIRECTIVES (1) The ‘‘Remarks’’ section of EASA AD under the authority described in 2020–0139R1 does not apply to this AD. Subtitle VII, Part A, Subpart III, Section ■ 1. The authority citation for part 39 (2) Paragraph (6) of EASA AD 2020– 44701: General requirements. Under continues to read as follows: 0139R1 specifies to report inspection results that section, Congress charges the FAA Authority: 49 U.S.C. 106(g), 40113, 44701. to Airbus within a certain compliance time. with promoting safe flight of civil For this AD, report inspection results at the aircraft in air commerce by prescribing § 39.13 [Amended] applicable time specified in paragraph (h)(2)(i) or (ii) of this AD. regulations for practices, methods, and ■ 2. The FAA amends § 39.13 by adding the following new airworthiness (i) If the inspection was done on or after procedures the Administrator finds the effective date of this AD: Submit the necessary for safety in air commerce. directive (AD): report within 30 days after the inspection. This regulation is within the scope of Airbus SAS: Docket No. FAA–2020–0846; (ii) If the inspection was done before the that authority because it addresses an Project Identifier MCAI–2020–00806–T. effective date of this AD: Submit the report

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within 30 days after the effective date of this including suggestions for reducing this Transportation, Docket Operations, 1200 AD. burden to Information Collection Clearance New Jersey Avenue SE, West Building Officer, Federal Aviation Administration, Ground Floor, Room W12–140, (i) Other FAA AD Provisions 10101 Hillwood Parkway, Fort Worth, TX The following provisions also apply to this 76177–1524. Washington, DC 20590–0001; AD: Telephone: (800) 647–5527, or (202) (1) Alternative Methods of Compliance (j) Related Information 366–9826. You must identify the Docket (AMOCs): The Manager, Large Aircraft (1) For information about EASA AD 2020– No. FAA–2020–0822; Airspace Docket Section, International Validation Branch, 0139R1, contact the EASA, Konrad- No. 20–ASO–23, at the beginning of FAA, has the authority to approve AMOCs Adenauer-Ufer 3, 50668 Cologne, Germany; your comments. You may also submit for this AD, if requested using the procedures telephone +49 221 8999 000; email ADs@ comments through the internet at easa.europa.eu; internet found in 14 CFR 39.19. In accordance with https://www.regulations.gov. 14 CFR 39.19, send your request to your www.easa.europa.eu. You may find this principal inspector or local Flight Standards EASA AD on the EASA website at https:// FAA Order 7400.11E, Airspace District Office, as appropriate. If sending ad.easa.europa.eu. You may view this Designations and Reporting Points, and information directly to the Large Aircraft material at the FAA, Airworthiness Products subsequent amendments can be viewed Section, International Validation Branch, Section, Operational Safety Branch, 2200 on-line at https://www.faa.gov/air_ send it to the attention of the person South 216th St., Des Moines, WA. For traffic/publications/. For further identified in paragraph (j)(2) of this AD. information on the availability of this information, you can contact the Information may be emailed to: 9-AVS-AIR- material at the FAA, call 206–231–3195. This Airspace Policy Group, Federal Aviation [email protected]. Before using any material may be found in the AD docket on the internet at https://www.regulations.gov Administration, 800 Independence approved AMOC, notify your appropriate Avenue SW, Washington, DC 20591; principal inspector, or lacking a principal by searching for and locating Docket No. inspector, the manager of the local flight FAA–2020–0846. Telephone: (202) 267–8783. The Order standards district office/certificate holding (2) For more information about this AD, is also available for inspection at the district office. contact Kathleen Arrigotti, Aerospace National Archives and Records (2) Contacting the Manufacturer: For any Engineer, Large Aircraft Section, Administration (NARA). For International Validation Branch, FAA, 2200 requirement in this AD to obtain instructions information on the availability of FAA South 216th St., Des Moines, WA 98198; from a manufacturer, the instructions must telephone and fax 206–231–3218; email Order 7400.11E at NARA, email be accomplished using a method approved [email protected]. [email protected] or go to https:// by the Manager, Large Aircraft Section, www.archives.gov/federal-register/cfr/ Issued on September 14, 2020. International Validation Branch, FAA; or ibr-locations.html. EASA; or Airbus SAS’s EASA Design Lance T. Gant, FOR FURTHER INFORMATION CONTACT: John Organization Approval (DOA). If approved by Director, Compliance & Airworthiness the DOA, the approval must include the Division, Aircraft Certification Service. Fornito, Operations Support Group, DOA-authorized signature. Eastern Service Center, Federal Aviation [FR Doc. 2020–20676 Filed 9–21–20; 8:45 am] (3) Required for Compliance (RC): For any Administration, 1701 Columbia Avenue, service information referenced in EASA AD BILLING CODE 4910–13–P College Park, GA 30337; Telephone 2020–0139R1 that contains RC procedures (404) 305–6364. and tests: Except as required by paragraph (i)(2) of this AD, RC procedures and tests DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: must be done to comply with this AD; any Authority for This Rulemaking procedures or tests that are not identified as Federal Aviation Administration RC are recommended. Those procedures and The FAA’s authority to issue rules tests that are not identified as RC may be 14 CFR Part 71 regarding aviation safety is found in deviated from using accepted methods in Title 49 of the United States Code. accordance with the operator’s maintenance [Docket No. FAA–2020–0822; Airspace Docket No. 20–ASO–23] Subtitle I, Section 106 describes the or inspection program without obtaining authority of the FAA Administrator. approval of an AMOC, provided the RIN 2120–AA66 Subtitle VII, Aviation Programs, procedures and tests identified as RC can be describes in more detail the scope of the done and the airplane can be put back in an Proposed Amendment of Class D agency’s authority. This rulemaking is airworthy condition. Any substitutions or Airspace, and Proposed Removal of promulgated under the authority changes to procedures or tests identified as Class E Airspace; Homestead, FL RC require approval of an AMOC. described in Subtitle VII, Part A, (4) Paperwork Reduction Act Burden AGENCY: Federal Aviation Subpart I, Section 40103. Under that Statement: A federal agency may not conduct Administration (FAA), DOT. section, the FAA is charged with or sponsor, and a person is not required to ACTION: Notice of proposed rulemaking prescribing regulations to assign the use respond to, nor shall a person be subject to (NPRM). of airspace necessary to ensure the a penalty for failure to comply with a safety of aircraft and the efficient use of collection of information subject to the SUMMARY: This action proposes to requirements of the Paperwork Reduction airspace. This regulation is within the amend Class D airspace, and remove scope of that authority as it would Act unless that collection of information Class E airspace designated as an displays a current valid OMB Control amend Class D airspace and remove Number. The OMB Control Number for this extension to a Class D surface area for Class E airspace designated as an information collection is 2120–0056. Public Homestead Air Reserve Base (ARB), extension to a Class D surface area for reporting for this collection of information is Homestead, FL. This action would also Homestead ARB, Homestead, FL, to estimated to be approximately 1 hour per update the geographic coordinates of the support IFR operations in the area. response, including the time for reviewing airport. Controlled airspace is necessary instructions, searching existing data sources, for the safety and management of Comments Invited gathering and maintaining the data needed, instrument flight rules (IFR) operations Interested persons are invited to and completing and reviewing the collection in the area. of information. All responses to this comment on this proposed rulemaking DATES: collection of information are mandatory as Comments must be received on by submitting such written data, views, required by this AD. Send comments or before November 6, 2020. or arguments, as they may desire. regarding this burden estimate or any other ADDRESSES: Send comments on this Comments that provide the factual basis aspect of this collection of information, proposal to: the U.S. Department of supporting the views and suggestions

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presented are particularly helpful in Availability and Summary of Environmental Review developing reasoned regulatory Documents for Incorporation by decisions on the proposal. Comments Reference This proposal will be subject to an are specifically invited on the overall environmental analysis in accordance This document proposes to amend with FAA Order 1050.1F, regulatory, aeronautical, economic, FAA Order 7400.11E, Airspace environmental, and energy-related ‘‘Environmental Impacts: Policies and Designations and Reporting Points, Procedures’’ prior to any FAA final aspects of the proposal. dated July 21, 2020, and effective regulatory action. Communications should identify both September 15, 2020. FAA Order docket numbers (Docket No. FAA– 7400.11E is publicly available as listed Lists of Subjects in 14 CFR Part 71 2020–0822 and Airspace Docket No. 20– in the ADDRESSES section of this ASO–23) and be submitted in triplicate document. FAA Order 7400.11E lists Airspace, Incorporation by reference, Navigation (air). to DOT Docket Operations (see Class A, B, C, D, and E airspace areas, ADDRESSES section for the address and air traffic service routes, and reporting The Proposed Amendment phone number). You may also submit points. comments through the internet at The Proposal In consideration of the foregoing, the https://www.regulations.gov. Federal Aviation Administration The FAA proposes an amendment to proposes to amend 14 CFR part 71 as Persons wishing the FAA to Title 14 Code of Federal Regulations follows: acknowledge receipt of their comments part 71 to amend Class D airspace, and on this action must submit with those remove Class E airspace designated as PART 71—DESIGNATION OF CLASS A, comments a self-addressed stamped an extension to a Class D surface area B, C, D, AND E AIRSPACE AREAS; AIR postcard on which the following for Homestead Air Reserve Base, TRAFFIC SERVICE ROUTES; AND statement is made: ‘‘Comments to FAA Homestead, FL, as the extensions are REPORTING POINTS Docket No. FAA–2020–0822; Airspace less than two miles, and are required to Docket No. 20–ASO–23.’’ The postcard be Class D, as per the FAA Order ■ 1. The authority citation for part 71 will be date/time stamped and returned 7400.2, Procedures for Handling continues to read as follows: to the commenter. Airspace Matters, chapter 17–2–7, part Authority: 49 U.S.C. 106(f), 106(g); 40103, All communications received before D. In addition, the FAA proposes to update the geographic coordinates of the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, the specified closing date for comments 1959–1963 Comp., p. 389. will be considered before taking action airport to coincide with the FAA’s on the proposed rule. The proposal aeronautical database. § 71.1 [Amended] Class D airspace and Class E airspace contained in this document may be designations are published in ■ 2. The incorporation by reference in changed in light of the comments Paragraphs 5000 and 6004, respectively, 14 CFR 71.1 of Federal Aviation received. All comments submitted will of FAA Order 7400.11E, dated July 21, Administration Order 7400.11E, be available for examination in the 2020, and effective September 15, 2020, Airspace Designations and Reporting public docket both before and after the which is incorporated by reference in 14 Points, dated July 21, 2020, and comment closing date. A report CFR 71.1. The Class D and E airspace effective September 15, 2020, is summarizing each substantive public designations listed in this document amended as follows: contact with FAA personnel concerned will be published subsequently in the with this rulemaking will be filed in the Order. Paragraph 5000 Class D Airspace. docket. FAA Order 7400.11, Airspace * * * * * Availability of NPRMs Designations and Reporting Points, is ASO FL D Homestead, FL [Amended] published yearly and effective on An electronic copy of this document September 15. Homestead ARB, FL (Lat. 25°29′19″ N, long. 80°23′01″ W) may be downloaded through the Regulatory Notices and Analyses internet at http://www.regulations.gov. That airspace extending upward from the Recently published rulemaking The FAA has determined that this surface to and including 2,500 feet MSL proposed regulation only involves an within a 5.5-mile radius of Homestead ARB, documents can also be accessed through ° the FAA’s web page at https:// established body of technical and within 1.5 miles each side of the 50 _ regulations for which frequent and bearing to 7-miles northeast and within 1.5 www.faa.gov/air traffic/publications/ ° airspace_amendments/. routine amendments are necessary to miles each side of the 230 bearing of the keep them operationally current. It, airport, extending from the 5.5 mile radius to You may review the public docket therefore: (1) Is not a ‘‘significant 7-miles southwest of the airport. containing the proposal, any comments regulatory action’’ under Executive received and any final disposition in Paragraph 6004 Class E Airspace Order 12866; (2) is not a ‘‘significant Designated as an Extension to Class D or E person in the Dockets Office (see the rule’’ under DOT Regulatory Policies Surface Area. ADDRESSES section for address and and Procedures (44 FR 11034; February * * * * * phone number) between 9:00 a.m. and 26, 1979); and (3) does not warrant 5:00 p.m., Monday through Friday, preparation of a Regulatory Evaluation ASO FL E4 Homestead, FL [Removed] except federal holidays. An informal as the anticipated impact is minimal. docket may also be examined between Since this is a routine matter that will Issued in College Park, Georgia, on 8:00 a.m. and 4:30 p.m., Monday only affect air traffic procedures and air September 14, 2020. through Friday, except federal holidays, navigation, it is certified that this Andreese C. Davis, at the office of the Eastern Service proposed rule, when promulgated, will Manager, Airspace & Procedures Team South, Center, Federal Aviation not have a significant economic impact Eastern Service Center, Air Traffic Administration, Room 350, 1701 on a substantial number of small entities Organization. Columbia Avenue, College Park, GA under the criteria of the Regulatory [FR Doc. 2020–20725 Filed 9–21–20; 8:45 am] 30337. Flexibility Act. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Administration, 1701 Columbia Avenue, comment closing date. A report College Park, GA 30337; Telephone summarizing each substantive public Federal Aviation Administration (404) 305–6364. contact with FAA personnel concerned SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the 14 CFR Part 71 docket. Authority for This Rulemaking [Docket No. FAA–2020–0826; Airspace Availability of NPRMs Docket No. 20–AEA–15] The FAA’s authority to issue rules regarding aviation safety is found in An electronic copy of this document RIN 2120–AA66 Title 49 of the United States Code. may be downloaded through the Subtitle I, Section 106, describes the internet at http://www.regulations.gov. Proposed Amendment of Class E authority of the FAA Administrator. Recently published rulemaking Airspace; DuBois, PA Subtitle VII, Aviation Programs, documents can also be accessed through AGENCY: Federal Aviation describes in more detail the scope of the the FAA’s web page at https:// _ Administration (FAA), DOT. agency’s authority. This rulemaking is www.faa.gov/air traffic/publications/ _ ACTION: Notice of proposed rulemaking promulgated under the authority airspace amendments/. You may review the public docket (NPRM). described in Subtitle VII, Part A, Subpart I, Section 40103. Under that containing the proposal, any comments SUMMARY: This action proposes to section, the FAA is charged with received, and any final disposition in amend Class E surface airspace and prescribing regulations to assign the use person in the Dockets Office (see the Class E airspace extending upward from of airspace necessary to ensure the ADDRESSES section for address and 700 feet above the surface in DuBois, safety of aircraft and the efficient use of phone number) between 9:00 a.m. and PA, due to the decommissioning of the airspace. This regulation is within the 5:00 p.m., Monday through Friday, Clarion VORTAC and cancellation of scope of that authority as it would except federal holidays. An informal the associated approach at DuBois amend Class E airspace at DuBois docket may also be examined between Regional Airport. This action would Regional Airport, DuBois, PA, to 8:00 a.m. and 4:30 p.m., Monday also update the name of the airport, as support IFR operations in the area. through Friday, except federal holidays at the office of the Eastern Service well as the name and geographic Comments Invited coordinates of Penn Highlands Center, Federal Aviation Healthcare-DuBois Heliport. Controlled Interested persons are invited to Administration, Room 350, 1701 airspace is necessary for the safety and comment on this proposed rulemaking Columbia Avenue, College Park, GA management of instrument flight rules by submitting such written data, views, 30337. (IFR) operations in the area. or arguments, as they may desire. Comments that provide the factual basis Availability and Summary of DATES: Comments must be received on supporting the views and suggestions Documents for Incorporation by or before November 6, 2020. presented are particularly helpful in Reference ADDRESSES: Send comments on this developing reasoned regulatory This document proposes to amend proposal to: the U.S. Department of decisions on the proposal. Comments FAA Order 7400.11E, Airspace Transportation, Docket Operations, 1200 are specifically invited on the overall Designations, and Reporting Points, New Jersey Avenue SE, West Building regulatory, aeronautical, economic, dated July 21, 2020, and effective Ground Floor, Room W12–140, environmental, and energy-related September 15, 2020. FAA Order Washington, DC 20590–0001; aspects of the proposal. 7400.11E is publicly available, as listed Telephone: (800) 647–5527, or (202) Communications should identify both in the ADDRESSES section of this 366–9826. You must identify the Docket docket numbers (Docket No. FAA– document. FAA Order 7400.11E lists No. FAA–2020–0826; Airspace Docket 2020–0826 and Airspace Docket No. 20– Class A, B, C, D, and E airspace areas, No. 20–AEA–15, at the beginning of AEA–15) and be submitted in triplicate air traffic service routes, and reporting your comments. You may also submit to DOT Docket Operations (see points. comments through the internet at ADDRESSES section for the address and https://www.regulations.gov. phone number). You may also submit The Proposal FAA Order 7400.11E, Airspace comments through the internet at The FAA proposes an amendment to Designations and Reporting Points, and https://www.regulations.gov. Title 14 Code of Federal Regulations (14 subsequent amendments can be viewed Persons wishing the FAA to CFR) part 71 to amend Class E surface _ on-line at https://www.faa.gov/air acknowledge receipt of their comments airspace and Class E airspace extending traffic/publications/. For further on this action must submit with those upward from 700 feet above the surface information, you can contact the comments a self-addressed stamped at DuBois Regional Airport (previously Airspace Policy Group, Federal Aviation postcard on which the following Du Bois-Jefferson County Airport), Administration, 800 Independence statement is made: ‘‘Comments to FAA DuBois, PA, due to the Avenue SW, Washington, DC 20591; Docket No. FAA–2020–0826; Airspace decommissioning of the Clarion Telephone: (202) 267–8783. The Order Docket No. 20–AEA–15.’’ The postcard VORTAC and cancellation of the is also available for inspection at the will be date/time stamped and returned associated approach. In addition, the National Archives and Records to the commenter. FAA proposes to update the airport’s Administration (NARA). For All communications received before name and the name and geographic information on the availability of FAA the specified closing date for comments coordinates of Penn Highland Order 7400.11E at NARA, email will be considered before taking action Healthcare-DuBois Heliport (previously [email protected] or go to https:// on the proposed rule. The proposal Du Bois Regional Medical Center) to www.archives.gov/federal-register/cfr/ contained in this document may be coincide with the FAA’s aeronautical ibr-locations.html. changed in light of the comments database. FOR FURTHER INFORMATION CONTACT: John received. All comments submitted will Class E airspace designations are Fornito, Operations Support Group, be available for examination in the published in Paragraphs 6002 and 6005, Eastern Service Center, Federal Aviation public docket both before and after the respectively, of FAA Order 7400.11E,

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dated July 21, 2020, and effective effective September 15, 2020, is section below. Write ‘‘Amendment to September 15, 2020, which is amended as follows: the Affiliate Marketing Rule, 16 CFR incorporated by reference in 14 CFR Paragraph 6002 Class E Surface Airspace. part 680, Project No. P205408’’ on your 71.1. The Class E airspace designations comment and file your comment online listed in this document will be * * * * * at https://www.regulations.gov by published subsequently in the Order. AEA PA E2 DuBois, PA [Amended] following the instructions on the web- FAA Order 7400.11, Airspace DuBois Regional Airport, PA based form. If you prefer to file your Designations and Reporting Points, is (Lat. 41°10′42″ N, long. 78°53′55″ W) comment on paper, mail your comment published yearly and effective on That airspace extending upward from the to the following address: Federal Trade September 15. surface within a 4.8-mile radius of DuBois Commission, Office of the Secretary, Regulatory Notices and Analyses Regional Airport. This Class E airspace is 600 Pennsylvania Avenue NW, Suite effective during the dates and times CC–5610 (Annex B), Washington, DC The FAA has determined that this established in advance by a Notice to 20580, or deliver your comment to the proposed regulation only involves an Airmen. The effective date and time will following address: Federal Trade established body of technical thereafter be continuously published in the Commission, Office of the Secretary, regulations for which frequent and Chart Supplement. Constitution Center, 400 7th Street SW, routine amendments are necessary to Paragraph 6005. Class E Airspace Areas Extending Upward from 700 feet or More 5th Floor, Suite 5610 (Annex B), keep them operationally current. It, Washington, DC 20024. therefore: (1) is not a ‘‘significant Above the Surface of the Earth. * * * * * FOR FURTHER INFORMATION CONTACT: regulatory action’’ under Executive David Lincicum (202–326–2773), Order 12866; (2) is not a ‘‘significant AEA PA E5 DuBois, PA [Amended] Division of Privacy and Identity rule’’ under DOT Regulatory Policies DuBois Regional Airport, PA Protection, Bureau of Consumer and Procedures (44 FR 11034; February (Lat. 41°10′42″ N, long. 78°53′55″ W) Protection, Federal Trade Commission, 26, 1979); and, (3) does not warrant Penn Highland Healthcare-Dubois Heliport 600 Pennsylvania Avenue NW, preparation of a Regulatory Evaluation Point In Space Coordinates Washington, DC 20580. as the anticipated impact is minimal. (Lat. 41°6′52″ N, long. 78°46′26″ W) SUPPLEMENTARY INFORMATION: Since this is a routine matter that will That airspace extending upward from 700 only affect air traffic procedures and air feet or more above the surface within a 9.2- I. Background mile radius of DuBois Regional Airport and navigation, it is certified that this A. The Affiliate Marketing Rule proposed rule, when promulgated, will within a 6-mile radius of the Point In Space not have a significant economic impact Coordinates serving Penn Highland The Fair and Accurate Credit on a substantial number of small entities Healthcare-Dubois Heliport Transactions Act of 2003 (‘‘FACT Act’’) under the criteria of the Regulatory Issued in College Park, Georgia, on was signed into law on December 4, Flexibility Act. September 15, 2020. 2003. Public Law 108–159, 117 Stat. Matthew N. Cathcart, 1952. Section 214 of the FACT Act Environmental Review Manager, Airspace & Procedures Team North, added a new section 624 to the FCRA. This proposal will be subject to an Eastern Service Center, Air Traffic This provision gives the consumer the environmental analysis in accordance Organization. right to restrict a person from using with FAA Order 1050.1F, [FR Doc. 2020–20739 Filed 9–21–20; 8:45 am] certain information obtained from an ‘‘Environmental Impacts: Policies and BILLING CODE 4910–13–P affiliate to make solicitations to that Procedures’’ prior to any FAA final consumer. Section 624 generally regulatory action. provides that if a person receives certain FEDERAL TRADE COMMISSION consumer eligibility information from Lists of Subjects in 14 CFR Part 71 an affiliate, the person may not use that Airspace, Incorporation by reference, 16 CFR Part 680 information to make solicitations to the Navigation (air). consumer about its products or services, RIN 3084–AB63 The Proposed Amendment unless the consumer is given notice and Affiliate Marketing Rule an opportunity (via a simple method) to In consideration of the foregoing, the opt out of such use of the information, Federal Aviation Administration AGENCY: Federal Trade Commission. and the consumer does not opt out. The proposes to amend 14 CFR part 71 as ACTION: Notice of proposed rulemaking; statute also provides that section 624 follows: request for public comment. does not apply, for example, to a person using eligibility information: (1) To PART 71—DESIGNATION OF CLASS A, SUMMARY: The Federal Trade make solicitations to a consumer with B, C, D, AND E AIRSPACE AREAS; AIR Commission (‘‘FTC’’ or ‘‘Commission’’) whom the person has a pre-existing TRAFFIC SERVICE ROUTES; AND requests public comment on its Affiliate business relationship; (2) to perform REPORTING POINTS Marketing Rule as part of the FTC’s services for another affiliate subject to systematic review of all current ■ 1. The authority citation for part 71 certain conditions; (3) in response to a Commission regulations and guides. In continues to read as follows: communication initiated by the addition, the FTC is proposing to amend consumer; or (4) to make a solicitation Authority: 49 U.S.C. 106(f), 106(g); 40103, the Rule to correspond to changes made that has been authorized or requested by 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, to the Fair Credit Reporting Act 1959–1963 Comp., p. 389. the consumer. Unlike the FCRA affiliate (‘‘FCRA’’) by the Dodd-Frank Act. sharing opt-out (15 U.S.C. § 71.1 [Amended] DATES: Written comments must be 1681a(d)(2)(A)(iii)) and the Gramm- ■ 2. The incorporation by reference in received on or before December 7, 2020. Leach-Bliley Act (‘‘GLBA’’), 15 U.S.C. 14 CFR 71.1 of Federal Aviation ADDRESSES: Interested parties may file 6801 et seq., non-affiliate sharing opt- Administration Order 7400.11E, comments online or on paper by out—both of which apply indefinitely— Airspace Designations, and Reporting following the Request for Comment part section 624 provides that a consumer’s Points, dated July 21, 2020, and of the SUPPLEMENTARY INFORMATION affiliate marketing opt-out election must

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be effective for a period of at least five broader group of entities. While the III. Regulatory Review of the Affiliate years. Upon expiration of the opt-out Dodd-Frank Act did not change the Marketing Rule period, the consumer must be given a Commission’s enforcement authority for In addition to proposing the changes renewal notice and an opportunity to the Affiliate Marketing Rule, it did described above, the Commission seeks renew the opt-out before information narrow the Commission’s rulemaking information about the costs and benefits received from an affiliate may be used authority with respect to the Rule. It of the Rule, and its regulatory and to make solicitations to the consumer. now covers only motor vehicle dealers. economic impact. Consistent with its The Federal Trade Commission The amendments in the Dodd-Frank Act practice of reviewing all of its rules and published regulations implementing necessitate a technical revision to the guides periodically, the Commission Section 624, the Affiliate Marketing Affiliate Marketing Rule to ensure that seeks to ascertain whether changes in Rule, 16 CFR part 680, on October 30, technology, business models, or the law 1 the regulation is consistent with the text 2007. of the amended FCRA. Accordingly, the warrant modification or rescission of the B. Dodd-Frank Act Commission proposes to modify the Rule. As part of this review the Commission solicits comments on, The Dodd-Frank Wall Street Reform Affiliate Marketing Rule to properly reflect the Rule’s scope. among other things, the economic and Consumer Protection Act (‘‘Dodd- impact and benefits of the Affiliate Frank Act’’) was signed into law in The proposed amendment to Marketing Rule; possible conflict 2 2010. The Dodd-Frank Act § 680.1(b) narrows the scope description between the Affiliate Marketing Rule substantially changed the federal legal of the Affiliate Marketing Rule to the and state, local, or other federal laws or framework for financial services entities excluded from Consumer regulations; and the effect on the providers. Among the changes, the Financial Protection Bureau jurisdiction Affiliate Marketing Rule of any Dodd-Frank Act transferred to the as described in the Dodd-Frank Act.9 It technological, economic, or other Consumer Financial Protection Bureau does so by replacing the broad term industry changes. (‘‘CFPB’’) the Commission’s rulemaking ‘‘person’’ with the term ‘‘motor vehicle 3 IV. Issues for Comment authority under portions of the FCRA. dealer,’’ as defined in amended § 680.3. Accordingly, in 2012, the Commission The Commission requests written The proposed amendment to § 680.3 rescinded several of its FCRA rules, comment on any or all of the following which had been replaced by rules adds a definition of ‘‘motor vehicle questions. These questions are designed issued by the CFPB.4 The FTC retained dealer’’ that defines motor vehicle to assist the public and should not be rulemaking authority for other rules dealers as those entities excluded from construed as a limitation on the issues promulgated under the Acts to the Consumer Financial Protection Bureau about which public comments may be extent the rules apply to motor vehicle jurisdiction as described in the Dodd- submitted. The Commission requests dealers described in section 1029(a) of Frank Act.10 Also, the proposed that responses to its questions be as the Dodd-Frank Act 5 that are amendments revise the term ‘‘you’’ (see specific as possible, including a predominantly engaged in the sale and 680.3(m)) to refer to a motor vehicle reference to the question being servicing of motor vehicles, the leasing dealer. answered, and refer to empirical data or and servicing of motor vehicles, or both The proposed amendments do not other evidence upon which the 6 (‘‘motor vehicle dealers’’). The rules for change the substantive provisions of the comment is based whenever available which the FTC retains rulemaking Rule or the examples in the Rule, even and appropriate. authority include the Affiliate where those provisions and examples 1. Is there a continuing need for Marketing Rule, which now applies involve entities other than motor specific provisions of the Affiliate only to motor vehicle dealers.7 Entities Marketing Rule? Why or why not? vehicle dealers that are covered by the that are not motor vehicle dealers are 2. What benefits has the Affiliate CFPB’s rule, rather than the covered by the CFPB’s Regulation V, Marketing Rule provided to consumers? Subpart C, which is substantially Commission’s Rule. The primary reason What evidence supports the asserted similar to the Commission’s Rule.8 for retaining these provisions and benefits? examples is that the Rule addresses the 3. What modifications, if any, should II. Technical Changes To Correspond to relationship between covered motor be made to the Affiliate Marketing Rule Statutory Changes Resulting From the vehicle dealers and their affiliates, to increase the benefits to consumers? Dodd-Frank Act which may not be motor vehicle dealers. a. What evidence supports the The Commission promulgated the The obligations and exceptions set forth proposed modifications? Affiliate Marketing Rule at a time when by the rule are inextricably linked to a b. How would these modifications it had rulemaking authority for a consumer’s relationship and actions in affect the costs imposed by the Affiliate relation to all affiliates, both motor Marketing Rule? 1 72 FR 61423 (October 30, 2007). vehicle dealers and non-motor vehicle 4. What significant costs, if any, has 2 Public Law 111–203 (2010). dealers. In order for the Rule to apply the Affiliate Marketing Rule imposed on 3 15 U.S.C. 1681 et seq. The Dodd-Frank Act does meaningfully, it must address both consumers? What evidence supports the not transfer to the CFPB rulemaking authority for asserted costs? section 615(e) of the FCRA (‘‘Red Flag Guidelines types of entities, even those that are not 5. What modifications, if any, should and Regulations Required’’) and section 628 of the directly covered by the rule. This will be made to the Affiliate Marketing Rule FCRA (‘‘Disposal of Records’’). See 15 U.S.C. not create any conflict with the CFPB’s 1681s(e). to reduce any costs imposed on 4 77 FR 22200 (April 13, 2012). corresponding rule, as the Commission’s consumers? 5 12 U.S.C. 5519. Affiliate Marketing Rule and the CFPB’s a. What evidence supports the 6 77 FR 22200 (April 13, 2012). rule are substantially similar and proposed modifications? 7 Id. impose the same obligations and b. How would these modifications 8 12 CFR 1022.20–27. While there are no exceptions on entities that they cover. affect the benefits provided by the substantive differences between the two rules, they are organized differently and, in some cases, use Affiliate Marketing Rule? different examples. See, e.g., 12 CFR 9 12 U.S.C. 5519. 6. What benefits, if any, has the 1022.20(b)(4)(iii). 10 Id. Affiliate Marketing Rule provided to

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businesses, including small businesses? made? Would these amendments create 6(f) of the FTC Act, 15 U.S.C. 46(f), and What evidence supports the asserted conflicts with any other federal, state, or FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2), benefits? local regulations or laws? including in particular, competitively 7. What modifications, if any, should sensitive information such as costs, V. Request for Comment be made to the Affiliate Marketing Rule sales statistics, inventories, formulas, to increase its benefits to businesses, You can file a comment online or on patterns, devices, manufacturing including small businesses? paper. For the Commission to consider processes, or customer names. a. What evidence supports the your comment, we must receive it on or Comments containing material for proposed modifications? before December 7, 2020. Write which confidential treatment is b. How would these modifications ‘‘Affiliate Marketing Rule, 16 CFR part requested must be filed in paper form, affect the costs the Affiliate Marketing 680, Project No. P205408’’ on the must be clearly labeled ‘‘Confidential,’’ Rule imposes on businesses, including comment. Your comment, including and must comply with FTC Rule 4.9(c). small businesses? your name and your state, will be In particular, the written request for c. How would these modifications placed on the public record of this confidential treatment that accompanies affect the benefits to consumers? proceeding, including the https:// the comment must include the factual 8. What significant costs, if any, www.regulations.gov website. and legal basis for the request, and must including costs of compliance, has the Because of the public health identify the specific portions of the Affiliate Marketing Rule imposed on emergency in response to the COVID–19 comment to be withheld from the public businesses, including small businesses? outbreak and the agency’s heightened record. Your comment will be kept What evidence supports the asserted security screening, postal mail confidential only if the FTC General costs? addressed to the Commission will be Counsel grants your request in 9. What modifications, if any, should subject to delay. We strongly encourage accordance with the law and the public be made to the Affiliate Marketing Rule you to submit your comment online interest. Once your comment has been to reduce the costs imposed on through the https://www.regulations.gov posted on https://www.regulations.gov, businesses, including small businesses? website. To ensure the Commission we cannot redact or remove your a. What evidence supports the considers your online comment, please comment from that website, unless you proposed modifications? follow the instructions on the web- submit a confidentiality request that b. How would these modifications based form provided by regulations.gov. meets the requirements for such affect the benefits provided by the If you file your comment on paper, treatment under FTC Rule 4.9(c), and Affiliate Marketing Rule? write ‘‘Affiliate Marketing Rule, 16 CFR the General Counsel grants that request. 10. What evidence is available part 680, Project No. P205408’’ on your Visit the Commission website at concerning the degree of industry comment and on the envelope, and mail https://www.ftc.gov to read this compliance with the Affiliate Marketing your comment to the following address: document and the news release Rule? Federal Trade Commission, Office of the describing it. The FTC Act and other 11. What modifications, if any, should Secretary, 600 Pennsylvania Avenue laws that the Commission administers be made to the Affiliate Marketing Rule NW, Suite CC–5610 (Annex B), permit the collection of public to account for changes in relevant Washington, DC 20580; or deliver your comments to consider and use in this technology or economic conditions? comment to the following address: proceeding as appropriate. The What evidence supports the proposed Federal Trade Commission, Office of the Commission will consider all timely modifications? Secretary, Constitution Center, 400 7th and responsive public comments that it 12. Does the Affiliate Marketing Rule Street SW, 5th Floor, Suite 5610 (Annex receives on or before December 7, 2020. overlap or conflict with other federal, B), Washington, DC 20024. If possible, For information on the Commission’s state, or local laws or regulations? If so, please submit your paper comment to privacy policy, including routine uses how? the Commission by courier or overnight permitted by the Privacy Act, see a. What evidence supports the service. https://www.ftc.gov/site-information/ asserted conflicts? Because your comment will be placed privacy-policy. b. With reference to the asserted on the publicly accessible website, conflicts, should the Affiliate Marketing https://www.regulations.gov, you are VI. Communications by Outside Parties Rule be modified? If so, why, and how? solely responsible for making sure that to the Commissioners or Their Advisors If not, why not? your comment does not include any Written communications and 13. Should the Affiliate Marketing sensitive or confidential information. In summaries or transcripts of oral Rule be amended to remove provisions particular, your comment should not communications respecting the merits addressing circumstances that do not include sensitive personal information, of this proceeding, from any outside apply, or typically do not apply, to such as your or anyone else’s Social party to any Commissioner or motor vehicle dealers? Security number, date of birth, driver’s Commissioner’s advisor, will be placed 14. Can the examples set forth in the license number or other state on the public record.11 Affiliate Marketing Rule be further identification number or foreign country amended to make them more helpful equivalent, passport number, financial VII. Paperwork Reduction Act and informative to motor vehicle account number, or credit or debit card The Affiliate Marketing Rule contains dealers? Would additional examples be number. You are also solely responsible information collection requirements as helpful, and if so, what examples? for making sure that your comment does defined by 5 CFR 1320.3(c), the Should examples that relate to types of not include any sensitive health definitional provision within the Office transactions that are not typical in the information, such as medical records or of Management and Budget (‘‘OMB’’) motor vehicle context be removed? other individually identifiable health regulations that implement the 15. The Commission proposes to information. In addition, your comment Paperwork Reduction Act (‘‘PRA’’). amend the Rule to reflect statutory should not include any ‘‘trade secret or OMB has approved the Rule’s existing changes to the Rule’s scope. Are the any commercial or financial information information collection requirements proposed modifications appropriate? which . . . is privileged or Should additional amendments be confidential,’’ as provided by section 11 16 CFR 1.26(b)(5).

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through February 28, 2023 (OMB A. Description of the Reasons for the Commission is requesting comment on Control No. 3084–0131). Under the Proposed Rule the extent to which other federal existing clearance, the FTC has To address the Dodd-Frank Act’s standards involving consumer attributed to itself the estimated burden changes to the Commission’s information may duplicate and/or regarding all motor vehicle dealers, and rulemaking authority, the Commission satisfy or possibly conflict with the it shares the remaining estimated PRA proposes to clarify that the Rule applies Rule’s requirements for any covered burden equally with the CFPB for other only to motor vehicle dealers. financial institutions. persons for which both agencies have B. Succinct Statement of the Objectives, F. Description of Any Significant enforcement authority. Alternatives to the Proposed Rule This proposal would amend 16 CFR and Legal Basis For, the Proposed Rule part 680. The proposed amendments do The objectives of the proposed Rule The Commission has not proposed not modify or add to information are discussed above. The legal basis for any specific small entity exemption or collection requirements that were the proposed Rule is 15 U.S.C. 1681s– other significant alternatives because previously approved by OMB. The 3. the proposed amendment would not amendments make no substantive impose any new requirements or C. Description of Small Entities to compliance costs. Nonetheless, the changes to the Rule, other than to clarify Which the Proposed Rule Will Apply that the scope of the Rule is limited to Commission welcomes comment on any motor vehicle dealers. The Rule’s OMB Determining a precise estimate of the significant alternative consistent with clearance already reflects that scope. number of small entities 13 to which the the FCRA that would minimize the Therefore, the Commission does not Rule applies is not readily feasible. impact of the proposed Rule on small believe that the proposed amendments Financial institutions covered by the entities. would substantially or materially Rule include certain motor vehicle IX. Proposed Rule Language modify any ‘‘collections of information’’ dealers. A substantial number of these List of Subjects in 16 CFR Part 680 as defined by the PRA. entities likely qualify as small businesses. The Commission estimates Consumer protection, Credit, Trade VIII. Regulatory Flexibility Act that the proposed amendment will not practices. The Regulatory Flexibility Act have a significant impact on small For the reasons stated above, the (‘‘RFA’’), as amended by the Small businesses because it imposes no new Federal Trade Commission proposes to Business Regulatory Enforcement obligations. amend part 680 of title 16 of the Code Fairness Act of 1996, requires an agency D. Projected Reporting, Recordkeeping, of Federal Regulations as follows: to provide an Initial Regulatory and Other Compliance Requirements, Flexibility Analysis (‘‘IRFA’’) with a Including Classes of Covered Small PART 680—AFFILIATE MARKETING proposed rule, or certify that the Entities and Professional Skills Needed ■ 1. Revise the authority section for part proposed rule will not have a significant To Comply 680 to read as follows: impact on a substantial number of small The proposed amendments would entities.12 The Commission does not Authority: Pub. L. 108–159, sec. 311; 15 impose no new reporting, U.S.C.A. 1681s–3; 12 U.S.C. 5519(d). expect that this Rule, if adopted, would recordkeeping, or other compliance ■ 2. Revise § 680.1 paragraph (b) to read have the threshold impact on small requirements. The small entities as follows: entities. The Commission does not potentially covered by the proposed expect the proposal to impose costs on amendment will include all such § 680.1 Purpose and scope. small motor vehicle dealers because the entities subject to the Rule. amendments are primarily for * * * * * clarification purposes and should not E. Identification of Duplicative, (b) Scope. This part applies to any result in any increased burden on any Overlapping, or Conflicting Federal motor vehicle dealer as defined in motor vehicle dealer. Thus, a small Rules § 680.3 that uses information from its affiliates for the purpose of marketing entity that complies with current law The Commission has not identified need not take any different or additional solicitations, or provides information to any other federal statutes, rules, or its affiliates for that purpose. action if the proposal is adopted. policies that would duplicate, overlap, Therefore, based on available or conflict with the proposed ■ 3. In § 680.3, redesignate paragraphs information, the Commission certifies amendment. Nonetheless, the (i) through(l) as paragraphs (j) that amending the Affiliate Marketing through(m) and add a new paragraph (i) Rule as proposed will not have a 13 The U.S. Small Business Administration Table to read as follows: of Small Business Size Standards Matched to North significant economic impact on a § 680.3 Definitions. substantial number of small businesses. American Industry Classification System Codes (NAICS) are generally expressed in either millions Although the Commission certifies * * * * * of dollars or number of employees. A size standard (i) Motor vehicle dealer. The term under the RFA that the proposed is the largest that a business can be and still qualify ‘‘motor vehicle dealer’’ means any amendment would not, if promulgated, as a small business for Federal Government person excluded from Consumer have a significant impact on a programs. For the most part, size standards are the annual receipts or the average employment of a Financial Protection Bureau jurisdiction substantial number of small entities, the firm. New car dealers (NAICS code 441100) are as described in 12 U.S.C. 5519. Commission has determined, classified as small if they have fewer than 200 nonetheless, that it is appropriate to employees. Used car dealers (NAICS code 441120) * * * * * publish an IRFA to inquire into the are classified as small if their annual receipts are By direction of the Commission, $27 million or less. Recreational vehicle dealers, Commissioner Slaughter and Commissioner impact of the proposed amendment on boat dealers, motorcycle, ATV and all other motor small entities. Therefore, the vehicle dealers (NAICS codes 441210, 441222 and Wilson not participating. Commission has prepared the following 441228) are classified as small if their annual April J. Tabor, analysis: receipts are $35 million or less. The 2019 Table of Acting Secretary. Small Business Size Standards is available at https://www.sba.gov/document/support—table-size- [FR Doc. 2020–19174 Filed 9–21–20; 8:45 am] 12 5 U.S.C. 603–605. standards. BILLING CODE 6750–01–P

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COMMODITY FUTURES TRADING to the procedures established in § 145.9 Commission regulations 23.152 and COMMISSION of the Commission’s regulations.1 23.153 require CSEs to collect or post, The Commission reserves the right, each business day, VM 5 for uncleared 17 CFR Part 23 but shall have no obligation, to review, swap transactions with each pre-screen, filter, redact, refuse or counterparty that is an SD, MSP, or RIN 3038–AF06 remove any or all of your submission financial end user, and IM 6 for from https://comments.cftc.gov that it uncleared swap transactions for each Margin Requirements for Uncleared may deem to be inappropriate for counterparty that is an SD, MSP, or a Swaps for Swap Dealers and Major publication, such as obscene language. financial end user that has material Swap Participants All submissions that have been redacted swaps exposure.7 IM posted or collected or removed that contain comments on by a CSE must be held by one or more AGENCY: Commodity Futures Trading the merits of the rulemaking will be custodians that are not affiliated with Commission. retained in the public comment file and the CSE or the counterparty.8 VM ACTION: Notice of proposed rulemaking. will be considered as required under the posted or collected by a CSE is not Administrative Procedure Act and other required to be maintained with a 9 SUMMARY: The Commodity Futures applicable laws, and may be accessible custodian. Trading Commission (‘‘Commission’’ or under the FOIA. However, to alleviate the operational ‘‘CFTC’’) is proposing to amend the FOR FURTHER INFORMATION CONTACT: burdens associated with making de margin requirements for uncleared Joshua B. Sterling, Director, 202–418– minimis margin transfers without swaps for swap dealers (‘‘SD’’) and 6056, [email protected]; Thomas J. resulting in an unacceptable level of major swap participants (‘‘MSP’’) for Smith, Deputy Director, 202–418–5495, uncollateralized credit risk, Commission which there is no prudential regulator. [email protected]; Warren Gorlick, regulations 23.152(b)(3) and 23.153(c) The proposed amendments would Associate Director, 202–418–5195, provide that a CSE is not required to permit the application of separate [email protected]; Liliya Bozhanova, collect or post IM or VM with a minimum transfer amounts (‘‘MTA’’) for Special Counsel, 202–418–6232, counterparty until the combined initial margin (‘‘IM’’) and variation [email protected]; or Carmen amount of such IM and VM, as margin (‘‘VM’’), and the application of Moncada-Terry, Special Counsel, 202– computed under Commission an MTA of up to $50,000 for separately 418–5795, [email protected], regulations 23.154 and 23.155 Division of Swap Dealer and respectively, exceeds the MTA of managed accounts (‘‘SMA’’) (together, 10 ‘‘Proposal’’). Intermediary Oversight, Commodity $500,000. The term MTA (or Futures Trading Commission, Three minimum transfer amount) is further DATES: With respect to the proposed Lafayette Centre, 1155 21st Street NW, defined in Commission regulation amendments, comments must be Washington, DC 20581. 23.151 as a combined amount of IM and received on or before October 22, 2020. VM, not exceeding $500,000, under SUPPLEMENTARY INFORMATION: which no exchange of IM or VM is ADDRESSES: You may submit comments, I. Background required.11 Once the MTA is exceeded, identified by RIN 3038–AE77, by any of the SD or MSP must collect or post the the following methods: A. Statutory and Regulatory Background full amount of both the IM and VM • CFTC Comments Portal: https:// In January 2016, the Commission required to be exchanged with the comments.cftc.gov. Select the ‘‘Submit adopted regulations 23.150 through counterparty.12 Comments’’ link for this rulemaking and 23.161 (collectively, ‘‘CFTC Margin During the implementation of the follow the instructions on the Public Rule’’) 2 to implement section 4s(e) of CFTC Margin Rule, market participants Comment Form. the Commodity Exchange Act (‘‘CEA’’),3 identified certain operational and • Mail: Send to Christopher which requires SDs and MSPs for which Kirkpatrick, Secretary of the there is not a prudential regulator further specifies the entities for which these Commission, Commodity Futures (‘‘covered swap entity’’ or ‘‘CSE’’) to agencies act as prudential regulators. Trading Commission, Three Lafayette meet minimum IM and VM 5 VM (or variation margin), as defined in Commission regulation 23.151, is the collateral Center, 1155 21st Street NW, requirements adopted by the provided by a party to its counterparty to meet the Washington, DC 20581. Commission by rule or regulation.4 performance of its obligation under one or more • uncleared swaps between the parties as a result of Hand Delivery/Courier: Follow the a change in the value of such obligations since the same instructions as for Mail, above. 1 17 CFR 145.9. Commission regulations referred to herein are found at 17 CFR Chapter I. trade was executed or the last time such collateral was provided. 17 CFR 23.151. Please submit your comments using 2 See generally Margin Requirements for 6 only one of these methods. Submissions Uncleared Swaps for Swap Dealers and Major Swap IM (or initial margin) is the collateral (calculated as provided by § 23.154 of the Commission’s through the CFTC Comments Portal are Participants, 81 FR 636 (Jan. 6, 2016). The CFTC Margin Rule, which became effective April 1, 2016, regulations) that is collected or posted in encouraged. is codified in part 23 of the Commission’s connection with one or more uncleared swaps All comments must be submitted in regulations. 17 CFR 23.150—23.159, 23.161. In May pursuant to § 23.152. IM is intended to secure potential future exposure following default of a 2016, the Commission amended the CFTC Margin English, or if not, accompanied by an counterparty (i.e., adverse changes in the value of Rule to add Commission regulation 23.160, 17 CFR an uncleared swap that may arise during the period English translation. Comments will be 23.160, providing rules on its cross-border of time when it is being closed out). See CFTC posted as received to https:// application. See generally Margin Requirements for Margin Rule, 81 FR at 683. comments.cftc.gov. You should submit Uncleared Swaps for Swap Dealers and Major Swap 7 17 CFR 23.152; 17 CFR 23.153. only information that you wish to make Participants—Cross-Border Application of the Margin Requirements, 81 FR 34818 (May 31, 2016). 8 See 17 CFR 23.157(a). available publicly. If you wish the 9 3 7 U.S.C. 6s(e) (capital and margin requirements). Commission regulation 23.157 does not require Commission to consider information 4 CEA section 1a(39), 7 U.S.C. 1a(39) (defining the VM to be maintained in a custodial account. 17 CFR that you believe is exempt from term ‘‘prudential regulator’’ to include the Board of 23.157. disclosure under the Freedom of Governors of the Federal Reserve System; the Office 10 17 CFR 23.152(b)(3); 17 CFR 23.153(c); 81 FR Information Act (‘‘FOIA’’), a petition for of the Comptroller of the Currency; the Federal at 653. Deposit Insurance Corporation; the Farm Credit 11 17 CFR 23.151 (defining the term ‘‘minimum confidential treatment of the exempt Administration; and the Federal Housing Finance transfer amount’’). information may be submitted according Agency). The definition of prudential regulator 12 See 17 CFR 23.152(b)(3); 17 CFR 23.153(c).

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compliance burdens associated with the SIFMA AMG represented that the party agents have been established that application of the MTA. To mitigate application of the MTA at the owner or are completely separate from the VM these burdens, the Division of Swap legal entity level presented significant settlement process. Dealer and Intermediary Oversight practical challenges for SMAs because (‘‘DSIO’’) staff issued two no-action the assets for each SMA are held, D. Market Participant Feedback letters. transferred, and returned separately at Swap market participants, including a the account level. As a result, it is B. DSIO No-Action Letter Addressing subcommittee established by the CFTC’s impractical for asset managers to the Application of MTA to SMAs Global Markets Advisory Committee collectively calculate the MTA across In February 2017, DSIO staff issued a (‘‘GMAC subcommittee’’), have the SMAs of a single owner, and, expressed support for the adoption of no-action letter in response to a request according to SIFMA AMG, asset regulations consistent with these no- for relief from the Securities Industry managers cannot move collateral in action letters, noting that Letter 19–25 is and Financial Markets Association’s aggregate across the accounts. SIFMA time-limited and that, more generally, Asset Management Group (‘‘SIFMA AMG also stated that SDs cannot codifying no-action positions can be AMG’’).13 SIFMA AMG sought relief on dynamically calculate and manage the beneficial for market participants in behalf of members that enter into MTA across the owner’s separate uncleared swaps with SDs that are providing certainty in the application of eligible master netting agreements 18 registered with the Commission and are either, for several reasons, including the Commission’s regulations. The subject to the CFTC Margin Rule. timing, additional regulatory risk, and Commission believes that adopting DSIO stated that it would not confidentiality requirements. regulations in accordance with the recommend enforcement action against terms of no-action letters, under certain an SD that does not comply with the C. DSIO No-Action Letter Concerning circumstances, is appropriate and could MTA requirements of Commission the Application of Separate MTAs for facilitate efforts by market participants regulations 23.152(b)(3) (requiring the IM and VM to take the operation of the exchange of IM when the MTA has been DSIO staff issued in December 2019 Commission’s regulations into account exceeded) 14 or 23.153(c) (requiring the an additional no-action letter in planning their uncleared swap exchange of VM when the MTA has concerning the application of the MTA activities. Based on its implementation been exceeded),15 with respect to the in response to a request for relief from experience, and for the reasons swaps of a legal entity that is the owner ISDA on behalf of its member SDs.17 provided below, the Commission of multiple SMAs, provided that the SD DSIO stated that it would not preliminarily believes that it would be applies an MTA no greater than $50,000 recommend enforcement action against appropriate to amend the CFTC Margin to each SMA. an SD or MSP that does not combine IM Rule consistent with the staff positions In Letter 17–12, DSIO noted that and VM amounts for the purposes of set forth in the no-action letters SIFMA AMG’s members are large Commission regulations 23.152(b)(3) discussed above. institutional investors, such as pension and 23.153(c). More specifically, the no- II. Proposal plans and endowments, which typically action position covers SDs or MSPs that hire asset managers to exercise apply separate MTAs for IM and VM The Commission is proposing to investment discretion over a portion of obligations on uncleared swap amend Commission regulations 23.151, their assets for management through transactions with each swap 23.152(b)(3), 23.153(c) and 23.158(a), separate accounts. Each separate counterparty, provided that the consistent with Letters 17–12 and 19– account is governed by an investment combined MTA for IM and VM with 25.19 Commission regulation 23.151 management agreement that grants asset respect to that counterparty does not defines MTA as a combined VM and IM managers authority over a portion of exceed $500,000. amount of $500,000, under which no their clients’ assets. As a swap DSIO issued the no-action letter based transfer of funds is required.20 counterparty, an SD may face the same on ISDA’s representations. ISDA had Commission regulations 23.152(b)(3) legal entity—the owner of the stated that the MTA for VM and IM for and 23.153 (c) describe the application accounts—through multiple separate each party to a swap transaction has, of the MTA in determining whether the accounts managed by multiple asset routinely and historically, been managers. Each SMA that trades included in CSAs to avoid frequent 18 See Recommendations to Improve Scoping and derivatives typically has its own exchanges of small amounts of collateral Implementation of Initial Margin Requirements for payment netting set corresponding to between the parties. ISDA noted that Non-Cleared Swaps, Report to the CFTC’s Global separate MTAs for IM and VM better Markets Advisory Committee by the Subcommittee each International Swaps and on Margin Requirements for Non-Cleared Swaps Derivatives Association (‘‘ISDA’’) reflect the operational requirements and (April 2020), https://www.cftc.gov/media/3886/ Master Agreement and Credit Support the legal structure of the Commission’s GMAC_051920MarginSubcommitteeReport/ Annex (‘‘CSA’’) used by the asset regulations. ISDA further stated that download (‘‘GMAC Subcommittee Report’’). The 16 because the CFTC Margin Rule requires Global Markets Advisory Committee (‘‘GMAC’’) manager. established the GMAC subcommittee to consider IM to be segregated with an unaffiliated issues raised by the implementation of margin 13 CFTC Letter No. 17–12, Commission third party and does not impose similar requirements for non-cleared swaps, to identify Regulations 23.152(b)(3) and 23.153(c): No-Action segregation requirements with respect to challenges associated with forthcoming Position for Minimum Transfer Amount with VM, distinct workflows for IM implementation phases, and to make respect to Separately Managed Accounts (Feb. 13, recommendations through a report. The GMAC 2017) (‘‘Letter 17–12’’), https://www.cftc.gov/idc/ settlement through custodians and tri- subcommittee issued the GMAC Subcommittee groups/public/@lrlettergeneral/documents/letter/ Report recommending various actions, including 17-12.pdf. collateral arrangement for the derivatives the codification of Letters 17–12 and 19–25. The 14 See 17 CFR 23.152(b)(3). transaction. GMAC adopted the Report and recommended to the 15 See 17 CFR 23.153(c). 17 CFTC Letter No. 19–25, Commission Commission that it consider adopting the Report’s 16 The ISDA Master Agreement is a standard Regulations 23.151, 23.152, and 23.153—Staff recommendations. contract published by ISDA commonly used in Time-Limited No-Action Position Regarding 19 Commission regulations are found at 17 CFR over-the-counter derivatives transactions governing Application of Minimum Transfer Amount under part 1 (2017), and may be accessed through the the rights and obligations of parties to a derivatives the Uncleared Margin Rules (Dec. 6, 2019) (‘‘Letter Commission’s website, https://www.cftc.gov. transaction. A CSA sets forth the terms of the 19–25’’), https://www.cftc.gov/csl/19-25/download. 20 17 CFR 23.151.

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exchange of IM or VM is required.21 each asset manager, hindering efforts to contributed by SMAs under their Commission regulation 23.158(a) comply with the CFTC Margin Rule. management. requires the execution of documentation The Commission acknowledges that In light of the practical challenges that providing CSEs with contractual rights certain owners of SMAs, such as the calculation of the MTA across SMAs and obligations to exchange IM and VM pension funds, in administering poses, as described above, the in accordance with the Commission’s investments for beneficiaries, may Commission proposes to amend regulations.22 engage in collateral management Commission regulation 23.151 to allow exercises and may have the capability to CSEs to apply an MTA of up to $50,000 A. Application of MTA to SMAs aggregate collateral across SMAs that for each SMA of a counterparty. The trade uncleared swaps with the same Commission notes, however, that under The Commission proposes to amend the proposed application of the MTA to the definition of MTA in Commission CSE. These beneficial owners of the SMA may be able to aggregate the MTA SMAs, an MTA of up to $50,000 could regulation 23.151 to allow a CSE to across each of their SMAs and centralize be applied to an indefinite number of apply an MTA of up to $50,000 to each the management of collateral for all of SMAs. This application of the MTA SMA owned by a counterparty with their SMAs, which may result in could effectively result in the which the CSE enters into uncleared increased netting among the SMAs and replacement of the aggregate limit of swaps. The proposed amendment is the CSE, and more efficient collateral $500,000 on a particular counterparty’s consistent with the terms of Letter 17– management. uncollateralized risk for uncleared 12, which provides that DSIO would not Other SMA owners, however, do not swaps with an individual limit of recommend enforcement action if an SD have the capability to manage the $50,000 on each SMA of such applies an MTA no greater than $50,000 calculation and aggregation of MTA counterparty. In turn, the counterparty to each SMA of a legal entity, subject to across their SMAs. In the GMAC could have an aggregate amount of certain conditions. Subcommittee Report, the GMAC uncollateralized margin in excess of When the Commission adopted the subcommittee stated that SMA owners $500,000. CFTC Margin Rule, it rejected the notion are not in a position to coordinate the While the proposed approach to the that SMAs of a legal entity should be trading activity across their SMAs, as application of the MTA for SMAs could treated separately from each other in they typically grant full investment provide an incentive for owners of applying certain aspects of the margin discretion to their asset managers and SMAs to create separate accounts or requirements for uncleared swaps.23 do not employ a centralized collateral formulate their trading strategies to However, after implementing the margin manager in-house.25 Therefore, these reduce or avoid margin transfers, the Commission believes that an owner’s requirements for several years, the SMA owners are not able to perform inability to net collateral across separate Commission preliminarily believes that collateral management across their accounts may serve as a disincentive to separately treating SMAs, at least with accounts. the fragmentation of investments across respect to the application of the MTA, In theory, asset managers could many SMAs.27 This is particularly so may be necessary from an operational coordinate with each other the because the MTA for SMAs, as perspective. calculation of the MTA across SMAs proposed, would be set at a low level The GMAC subcommittee, in the under their management. However, the Report stated that owners of SMAs (i.e., $50,000). GMAC Subcommittee Report recently The Commission further notes that typically prohibit information sharing submitted to the Commission for its there are other provisions in the CEA among their SMAs and require asset consideration, stated that while the and the Commission’s regulations that managers to keep trading information owner of the SMAs may be the same would mitigate the increase in confidential. The Report noted that asset across the ISDA master agreements and uncollateralized credit risk resulting managers lack transparency and control credit support documents entered into from the absence of an aggregate limit over any assets of the SMA owner other with each CSE, the SMAs managed by on the amount of uncollateralized than the specific assets under their each asset manager on behalf of the margin and the use of multiple SMAs by management. same SMA owner are contractually a single counterparty. Specifically, The Report also stated that, while a treated as distinct counterparties in section 4s(j)(2) of the CEA requires CSEs CSE may face the same legal entity—the uncleared swap transactions.24 Given to adopt a robust and professional risk owner of the accounts—through management system adequate for the the separation between SMAs existing multiple SMAs managed by different management of their swap activities,28 independently from each other, and the asset managers, a duty of confidentiality and Commission regulation 23.600 29 resulting lack of coordination, the to the legal entity prevents the CSE from mandates that CSEs establish a risk management of collateral, and more sharing information with each asset management program to monitor and specifically the calculation of the MTA, manager concerning the overall legal manage risks associated with their swap across the SMAs may be impractical for entity’s trading activity.26 As a result, activities that includes, among other while each of the SMAs of an owner 21 things, a description of risk tolerance 17 CFR 23.152(b)(3); 17 CFR 23.153(c). may contribute to reaching the MTA 22 limits. 17 CFR 23.158(a) (setting forth margin limit, asset managers for the SMAs only documentation requirements). In addition to amending the definition 23 See 81 FR at 653 (rejecting commenters’ request know the amounts of IM and VM being of MTA, the Commission proposes to to extend to each separate account of a fund or plan define the term SMA in Commission its own initial margin threshold, while 25 Id. acknowledging that separate managers acting for the 26 The Commission notes that Commission same fund or plan may not take steps to inform the regulation 23.410(c)(1)(i) prohibits disclosure by an 27 As further discussed below, the proposed fund or plan of their uncleared swap exposures on SD or MSP, including a CSE, of confidential application of the MTA would only be available for behalf of their principal on a frequent basis). information provided by or on behalf of a separate accounts of an owner that, consistent with 24 GMAC Subcommittee Report at 16. However, it counterparty to the SD or MSP. Nevertheless, the proposed definition of SMA, are not subject to should be noted that for credit risk purposes, the Commission regulation 23.410(c)(2) provides that collateral agreements that provide for netting across beneficial owner of the SMA is the counterparty the SD or MSP may disclose the counterparty’s the separate accounts. and the SD has credit exposure to the beneficial confidential information if the disclosure is 28 See 7 U.S.C. 6s(j). owner and not the asset manager. authorized in writing by the counterparty. 29 17 CFR 23.600.

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regulation 23.151. The term was defined Commission regulation 23.151. The prudential regulators do not adopt in Letter 17–12 as an account managed Commission specifically requests similar regulatory changes? Is there a by an asset manager and governed by an comment on the following questions: potential for confusion if that were to be investment management agreement that • The proposed amendments to the case? grants the asset manager authority with Commission regulation 23.151 would B. Application of Separate MTAs for IM respect to a portion of a legal entity’s allow a CSE to apply up to $50,000 of and VM assets. MTA for each SMA of a counterparty The proposed definition of SMA with multiple SMAs. The aggregate The Commission proposes to revise would include the definition of the term MTA for the counterparty could thus the margin documentation requirements as well as certain conditions set forth in exceed the $500,000 MTA threshold, outlined in Commission regulation Letter 17–12. Specifically, Letter 17–12 which could result in delaying the 23.158(a) in recognition that, consistent provides that the no-action position exchange of IM and VM, as neither IM with Letter 19–25, a CSE may apply would only apply with respect to swaps nor VM would need to be exchanged separate MTAs for IM and VM with of an SMA of a legal entity that (i) are until the threshold has been exceeded. each counterparty, provided that the entered into by an asset manager on As such, less margin may be collected MTAs corresponding to IM and VM are behalf of the SMA pursuant to authority and posted than would be permitted specified in the margin documentation granted under an investment under the current requirements. In light required by Commission regulation management agreement, and (ii) are of the resulting potential 23.158 and that the MTAs, on a subject to a master netting agreement uncollateralized swap risk, should the combined basis, do not exceed the MTA that does not permit the netting of IM Commission consider an alternative to specified in Commission regulation or VM obligations across SMAs. the proposed amendments? Should the 23.151. DSIO staff included these conditions Commission impose any additional Letter 19–25 provides that CSEs can in the no-action letter because SIFMA limits or conditions? Would the apply separate MTAs for IM and VM for AMG stated, in seeking relief, that the proposed amendments to Commission determining whether IM and VM must authority of asset managers under their regulation 23.151 incentivize SMA be exchanged under Commission investment management agreements owners to create additional separate regulations 23.152(b)(2) and 23.153(c), with the owners of the SMAs is limited accounts to potentially benefit from a provided that the MTAs set out for IM to assets under their management. higher MTA limit, or otherwise alter and VM for a counterparty, on a SIFMA AMG also stated that each SMA their trading strategies, thus increasing combined basis, do not exceed that trades uncleared swaps typically the amount of uncollateralized swap $500,000. In issuing Letter 19–25, DSIO has its own payment netting set risk? What measures could the acknowledged that applying separate corresponding to each ISDA master Commission take to mitigate any such MTAs for IM and VM may result in the agreement and CSA that is used by an risk? Please provide data on the current exchange of less total margin than the asset manager. These conditions reflect average number of separate accounts per amount that would be exchanged if the DSIO’s recognition that asset managers’ counterparty and the current average MTA were computed on an aggregate limited authority over the assets of a amount of daily collateral movements basis.31 However, in DSIO’s view, given legal entity and the practical inability to between CSEs and counterparties who that the total amount of combined IM net collateral payments across SMAs own SMAs. Has there been a change in and VM that would not be exchanged pose obstacles in the calculation and the number of SMAs per counterparty would never exceed $500,000, aggregation of the MTA across SMAs. following the adoption of Letter 17–12? differences in the total margin As proposed, the term SMA would be • Market participants have indicated exchanged would not be material and defined as an account of a counterparty that the aggregation of the MTA across would not result in an unacceptable to a CSE that is managed by an asset SMAs may not be practicable because level of credit risk.32 manager pursuant to a specific grant of SMA owners generally grant full authority to such asset manager under investment discretion to asset managers 31 Letter 19–25 provides the following example to an investment management agreement and do not employ a centralized illustrate the effect of the no-action relief. An SD and a counterparty agree to a $300,000 IM MTA and between the counterparty and the asset collateral manager in-house to a $200,000 VM MTA. If the margin calculations set manager, with respect to a specified coordinate swap activity and manage forth in Commission regulations 23.154 (for IM) and portion of the counterparty’s assets.30 In collateral payments across their SMAs. 23.155 (for VM) require the SD to post $400,000 of addition, the definition would require Nevertheless, as an alternative to the IM with the counterparty and $150,000 of VM with the counterparty, the SD will be required to post that the swaps of the SMA be: (i) proposed rule, the Commission seeks $400,000 of IM with the counterparty (assuming Entered into between the counterparty comments on whether it is feasible and that the $50 million IM threshold amount, defined and the CSE by the asset manager desirable to maintain the CFTC’s in Commission regulation 23.151, for the pursuant to authority granted by the existing requirements, which would counterparty has been exceeded). The SD, however, will not be obligated to post any VM with the counterparty to the asset manager therefore necessitate that owners of counterparty as the $150,000 requirement is less through an investment management SMAs and their asset managers address than the $200,000 MTA. By contrast, in the absence agreement, and (ii) subject to a master these challenges through coordination of relief, the SD would have been required to post netting agreement that does not provide and arrangements between themselves, $550,000 (the full amount of both IM and VM), given that the combined amount of IM and VM for the netting of IM or VM obligations so that they are able to manage the exceeds the MTA of $500,000. across all SMAs of the counterparty that relationship with the CSE with whom 32 The Commission acknowledges, however, that have swaps outstanding with the CSE. the SMAs enter into uncleared swaps if the application of MTAs of up to $50,000 for Request for comment: The and are able to meet margin obligations SMAs is adopted as set forth in this Proposal, the Commission requests comment amounts of margin that would not be exchanged as they arise. Do the practical challenges may in some cases exceed the $500,000 limit. regarding the proposed amendments to posed by the status quo outweigh any Specifically, this may be the case if the CSE enters potential concerns raised by this into swaps with more than ten SMAs belonging to 30 The proposed definition of the term SMA Proposal? the same counterparty. If each SMA is allocated an would refer to the aggregate account of a • Should the Commission proceed to MTA of $50,000, the amount of margin not counterparty managed by an asset manager under exchanged between the counterparties may exceed the investment management agreement, and not to adopt the proposed amendments to $500,000, even if the sum of the separate IM and fund or pool sleeves overseen by sub-advisers. Commission regulation 23.151 if the Continued

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The Commission preliminarily documentation required by Commission regulations 23.152(b)(3) and 23.153(c), believes that adopting regulations regulation 23.158(a). Consistent with which effectively limits the MTA to consistent with the terms of Letter 19– Letter 19–25 and the proposed $500,000, with a reference to the revised 25 would accommodate a widespread definition of MTA, Commission definition of MTA, incorporating the market practice that facilitates the regulation 23.158(a), as proposed, proposed definition of MTA, which implementation of the CFTC margin would further specify that, on a would allow for the application of an requirements. The Commission notes combined basis, the MTAs to be applied MTA of up to $50,000 for each SMA. that CSEs and their counterparties for IM and VM must not exceed the III. Administrative Compliance maintain separate settlement workflows MTA as the term is defined in for IM and VM to reflect, from an Commission regulation 23.151. The Regulatory Flexibility Act operational perspective, the different In imposing these conditions, the (‘‘RFA’’) requires Federal agencies to regulatory requirements applicable to Commission seeks to ensure maximum consider whether the rules they propose IM and VM. IM posted or collected by margin coverage for uncleared swaps, will have a significant economic impact a CSE must be held by one or more while recognizing that swap on a substantial number of small entities custodians that are not affiliated with counterparties may apply separate and, if so, provide a regulatory the CSE or the counterparty.33 VM MTAs for IM and VM, thus facilitating flexibility analysis respecting the posted or collected by a CSE is not the implementation and administration impact.37 Whenever an agency required to be segregated with an of the uncleared margin requirements. publishes a general notice of proposed independent custodian.34 Request for comment: The rulemaking for any rule, pursuant to the DSIO, in taking a no-action position, Commission requests comment notice-and-comment provisions of the stated its belief that the application of regarding the proposed amendment to Administrative Procedure Act,38 a separate MTAs for IM and VM, subject Commission regulation 23.158(a). The regulatory flexibility analysis or to certain conditions, is consistent with Commission specifically requests certification typically is required.39 The the Commission’s objective of requiring comment on the following questions: Commission previously has established • swap counterparties to mitigate credit Is the proposed amendment to certain definitions of ‘‘small entities’’ to and market risks, while reducing the Commission regulation 23.158(a) be used in evaluating the impact of its cost and burdens associated with the appropriate in light of the CFTC’s regulations on small entities in transfer of small margin balances. The overall approach to margin accordance with the RFA.40 The Commission preliminarily agrees with requirements for uncleared swaps? proposed amendments only affect that view and requests public comment. Should the Commission impose any certain SDs and MSPs and their additional limits or conditions? counterparties, which must be eligible The Commission also notes that • similar applications of the MTA are The application of separate MTAs contract participants (‘‘ECPs’’).41 The permitted in certain foreign for IM and VM may result in less margin Commission has previously established jurisdictions, including the European being exchanged as compared to the that SDs, MSPs and ECPs are not small Union.35 The proposed amendment to amounts that would be exchanged if entities for purposes of the RFA.42 Commission regulation 23.158(a) would separate MTAs are not permitted, Accordingly, the Chairman, on behalf therefore promote consistent regulatory increasing the amount of uncleared of the Commission, hereby certifies standards across jurisdictions, in line swap uncollateralized risk. Should the pursuant to 5 U.S.C. 605(b) that the with the statutory mandate set forth in Commission consider any alternative to proposed amendments will not have a the Dodd-Frank Act 36 and reduce the the proposed amendment that more significant economic impact on a need for market participants to create fully addresses the risk of uncleared substantial number of small entities. swaps? and implement IM and VM settlement • A. Paperwork Reduction Act flows tailored to different jurisdictions. Should the application of separate The proposed amendment to MTAs for IM and VM be extended to The Paperwork Reduction Act of 1995 Commission regulation 23.158(a) would SMAs of a counterparty, for each of (‘‘PRA’’) 43 imposes certain incorporate the conditions set forth in which an MTA of up to $50,000 would requirements on Federal agencies, Letter 19–25. To that effect, the be applied under the proposed including the Commission, in Commission would require that the amendment to Commission regulation connection with their conducting or separate MTAs to be applied for IM and 23.151? sponsoring any collection of • Should the Commission proceed to VM be specified in the margin information, as defined by the PRA. The adopt the proposed amendment to Commission may not conduct or VM MTAs applied to each SMA does not exceed Commission regulation 23.158(a) if the sponsor, and a person is not required to the $50,000 MTA threshold applicable to SMAs. prudential regulators do not adopt respond to, a collection of information 33 See 17 CFR 23.157(a). similar regulatory changes? Is there a unless it displays a currently valid 34 See supra note 9. potential for confusion if that were to be 35 See Commission Delegated Regulation (EU) the case? 37 5 U.S.C. 601 et seq. 2016/2251 Supplementing Regulation (EU) No. 648/ 38 5 U.S.C. 553. The Administrative Procedure 2012 of the European Parliament and of the Council C. Conforming Changes Act is found at 5 U.S.C. 500 et seq. of July 4, 2012 on OTC Derivatives, Central 39 Counterparties and Trade Repositories with Regard Consistent with the proposed See 5 U.S.C. 601(2), 603, 604, and 605. to Regulatory Technical Standards for Risk- amendment to the definition of MTA in 40 See Registration of Swap Dealers and Major Mitigation Techniques for OTC Derivative Contracts Commission regulation 23.151, the Swap Participants, 77 FR 2613 (Jan. 19, 2012). 41 Not Cleared by a Central Counterparty (Oct. 4, Commission proposes to make Pursuant to section 2(e) of the CEA, 7 U.S.C. 2016), Article 25(4), https://eur-lex.europa.eu/legal- 2(e), each counterparty to an uncleared swap must content/EN/TXT/PDF/ conforming changes to Commission be an ECP, as defined in section 1a(18) of the CEA, ?uri=CELEX:32016R2251&from=EN. regulations 23.152(b)(3) and 23.153(c) 7 U.S.C. 1a(18). 36 See section 752 of the Dodd-Frank Wall Street by replacing ‘‘$500,000’’ with ‘‘the 42 See Further Definition of ‘‘Swap Dealer,’’ Reform and Consumer Protection Act, Public Law minimum transfer amount, as the term ‘‘Security-Based Swap Dealer,’’ ‘‘Major Swap 111–203, 124 Stat. 1376 (2010), calling on the CFTC Participant,’’ ‘‘Major Security-Based Swap to consult and coordinate on the establishment of is defined in 23.151.’’ The proposed Participant’’ and ‘‘Eligible Contract Participant,’’ 77 consistent international standards with respect to changes would replace the reference to FR 30596, 30701 (May 23, 2012). the regulation of swaps. $500,000 in current Commission 43 44 U.S.C. 3501 et seq.

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Office of Management and Budget international boundaries; with some The proposed amendments to control number. The proposed rules Commission registrants being organized Commission regulation 23.151, by contain no requirements subject to the outside of the United States; with allowing the application of an MTA of PRA. leading industry members typically up to $50,000 for each SMA of a conducting operations both within and B. Cost-Benefit Considerations counterparty, would ease the outside the United States; and with operational burdens and transactional 44 Section 15(a) of the CEA requires industry members commonly following costs associated with managing frequent the Commission to consider the costs substantially similar business practices transfers of small amounts of collateral and benefits of its actions before wherever located. Where the that counterparties would incur if the promulgating a regulation under the Commission does not specifically refer MTA for SMAs were to be set at zero. CEA. Section 15(a) further specifies that to matters of location, the below In addition, the proposed amendments the costs and benefits shall be evaluated discussion of costs and benefits refers to give flexibility to CSEs, owners of in light of the following five broad areas the effects of the proposed amendments SMAs, and asset managers to negotiate of market and public concern: (1) on all activity subject to the amended MTA levels within the regulatory limits Protection of market participants and regulations, whether by virtue of the the public; (2) efficiency, that match the risks of the SMAs and activity’s physical location in the their investment strategies, and the competitiveness, and financial integrity United States or by virtue of the uncleared swaps being traded. of futures markets; (3) price discovery; activity’s connection with or effect on (4) sound risk management practices; U.S. commerce under section 2(i) of the Furthermore, because the proposed and (5) other public interest CEA.45 amendments to Commission 23.151 considerations. The Commission would simplify the application of the considers the costs and benefits 1. Benefits MTA in the SMA context, thereby resulting from its discretionary The proposed amendments to reducing the operational burden, market determinations with respect to the Commission regulation 23.151 would participants may be encouraged to section 15(a) considerations. allow CSEs to apply an MTA of up to participate in the uncleared swap The Commission is proposing to $50,000 to SMAs of a counterparty. markets through managed accounts, and amend Commission regulation 23.151 Under the current requirements, a CSE account managers may also make their consistent with Letter 17–12. The must apply the MTA with respect to services more readily available to Commission proposes to revise the each counterparty to an uncleared clients. As a result, trading in the definition of MTA in Commission transaction. As a result, in the context uncleared swap markets may increase, regulation 23.151 to permit CSEs to of a counterparty that has multiple promoting competition and liquidity. apply an MTA of up to $50,000 for each SMAs through which uncleared swaps SMA of a counterparty that enters into are traded, with each SMA potentially The amendment of Commission uncleared swaps with a CSE. The giving rise to IM and VM obligations, regulation 23.158(a) would likewise Commission also proposes to amend the amounts of IM and VM attributable lead to efficiencies in the application of Commission regulation 23.151 to add a to the SMAs of the counterparty must be the MTA. The proposed amendment definition for the term SMA (or aggregated to determine whether the would state that if a CSE and its separately managed account). The MTA has been exceeded, which would counterparty agree to have separate Commission is also proposing to revise require the exchange of IM or VM. MTAs for IM and VM, the respective Commission regulation 23.158(a) As previously discussed, because the amounts of MTA must be reflected in consistent with Letter 19–25 to state that assets of SMAs are separately held, the margin documentation required by if a CSE and its counterparty agree to transferred, and returned at the account Commission regulation 23.158(a). CSEs have separate MTAs for IM and VM, the level, and CSEs and SMA asset would thus be able to maintain separate respective amounts of MTA must be managers do not share trading margin settlement workflows for IM and reflected in the margin documentation information across SMAs, aggregation of VM to address the differing segregation required by Commission regulation IM and VM obligations across SMAs for treatments for IM and VM under the 23.158(a). Finally, the Commission the purpose of determining whether the CFTC Margin Rule. proposes conforming changes to MTA has been exceeded may be The Commission notes that the Commission regulations 23.152(b)(3) impractical, hindering efforts to comply application of separate MTAs for IM and and 23.153(c) to incorporate the with the CFTC Margin Rule. The VM has been adopted in other proposed change to the definition of Commission acknowledges, however, jurisdictions, including the European the possibility that, in certain contexts, MTA in Commission regulation 23.151. Union, and the practice is widespread. an owner of SMAs, such as a pension The baseline for the Commission’s The proposed amendment, in aligning fund that administers investments for consideration of the costs and benefits the CFTC with other jurisdictions with beneficiaries, may be set up to and may of this Proposal is the CFTC Margin respect to the application of the MTA, perform collateral management Rule. The Commission recognizes that would advance the CFTC’s efforts in exercises, and may have the capability to the extent market participants have promoting consistent international to aggregate collateral across SMAs. relied on Letters 17–12 and 19–25, the standards, in line with the statutory actual costs and benefits of the proposed Nevertheless, according to preliminary mandate set forth in the Dodd-Frank amendments, as realized in the market, industry feedback, the only practical Act. may not be as significant. alternative to fully ensure compliance The Commission notes that the with the margin requirements is to set Finally, the proposed amendments consideration of costs and benefits the MTA for each SMA at zero, so that would provide certainty to market below is based on the understanding trading by a given SMA does not result participants who may have relied on that the markets function in an inadvertent breach of the aggregate Letters 17–12 and 19–25, and could internationally, with many transactions MTA threshold without the exchange of thereby facilitate their efforts to take the involving U.S. firms taking place across the required margin. operation of the Commission’s regulations into account in the planning 44 7 U.S.C. 19(a). 45 7 U.S.C. 2(i). of their uncleared swap activities.

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2. Costs While the Commission recognizes that be negligible relative to the size of the The proposed amendments to the uncollateralized exposure that may uncleared swap positions. The Commission regulation 23.151 could result from amending Commission Commission notes that the MTA result in a CSE applying an MTA that regulations 23.151 and 23.158(a) in line thresholds are set at low levels. In exceeds, in the aggregate, the current with Letters 17–12 and 19–25 could addition, CSEs are required to monitor MTA limit of $500,000. That is because increase credit risk associated with and manage risk associated with their the proposed amendments would uncleared swaps, the Commission swaps, in particular credit risk, and to permit the application of an MTA of up believes that a number of safeguards set tolerance levels as part of the risk to $50,000 for each SMA of a exist to mitigate this risk. The management program mandated by counterparty, without limiting the Commission notes that the proposed Commission regulation 23.600. To meet number of SMAs to which the $50,000 amendments set the MTA at low levels. the risk tolerance levels, CSEs may threshold may be applied. The When the MTA is applied to a contractually limit the MTA or the amendments may even incentivize SMA counterparty, the sum of the IM and VM number of SMAs with which they enter owners to increase the number of MTAs must not exceed $500,000. When into transactions. the MTA is applied to an SMA of a separate accounts in order to benefit b. Efficiency, Competitiveness, and counterparty, the sum of the IM and VM from the higher MTA limit. As a result, Financial Integrity of Markets the collection and posting of margin for MTAs must not exceed $50,000. Even if By amending Commission regulation some SMAs may be delayed, since the aggregate MTA applied to a 23.151 to allow CSEs to apply an MTA margin would not need to be exchanged counterparty that owns multiple SMAs of up to $50,000 for each SMA of a until the MTA threshold is exceeded, may exceed $500,000, the total amount counterparty, the Commission would which could result in the exchange of of margin that is permitted to remain eliminate burdens and practical less collateral to mitigate the risk of unexchanged is expected to be low, challenges associated with the uncleared swaps. because other regulatory safeguards The proposed amendment to exist to limit the credit exposure, computation and aggregation of the Commission regulation 23.158(a) would including section 4s(j)(2) of the CEA,48 MTA across multiple SMAs. In state that if a CSE and its counterparty which mandates that CSEs adopt a addition, the new MTA threshold for agree to have separate MTAs for IM and robust and professional risk SMAs could have the effect of delaying VM, the respective amounts of MTA management system adequate for the how soon margin would be exchanged, must be reflected in the margin management of day-to-day swap as the aggregate MTA for SMAs would no longer be limited to $500,000. documentation required by Commission activities, and Commission regulation 49 The simplification of the process for regulation 23.158(a). The proposed 23.600, which requires CSEs, in establishing a risk management program applying the MTA to SMAs and the amendment would recognize that CSEs reduced cost that may be realized from can apply separate MTAs for IM and for the monitoring and management of risk related to their swap activities, to the deferral of margin obligations may VM for determining whether encourage market participants to enter Commission regulations 23.152(b)(3) account for credit risk and to set risk tolerance limits. into uncleared swaps through accounts and 23.153(c) require the exchange of managed by asset managers and also IM or VM. The Commission 3. Section 15(a) Considerations encourage asset managers to accept acknowledges that the application of In light of the foregoing, the CFTC has more clients. The proposed separate IM and VM MTAs may result evaluated the costs and benefits of the amendments to Commission regulation in the exchange of a lower amount of Proposal pursuant to the five 23.151 could therefore foster total margin between a CSE and its considerations identified in section competitiveness by encouraging counterparty to mitigate the risk of their 15(a) of the CEA as follows: increased participation in the uncleared uncleared swaps than the amount that swap markets. would be exchanged if the IM and VM a. Protection of Market Participants and The proposed amendment to MTA were computed on an aggregate Public Commission 23.158(a) would state that basis.46 The Commission notes that this As discussed above, the proposed if a CSE and its counterparty agree to cost may be mitigated because the amendments to Commission regulations have separate MTAs for IM and VM, the application of separate IM and VM 23.151 and 23.158(a), which address the respective amounts of MTA must be MTAs could also result in the exchange application of the MTA to SMAs and reflected in the margin documentation of higher rather than lower amounts of the application of separate MTAs for IM required by Commission regulation margin.47 and VM, would remove practical 23.158(a). The proposed amendment burdens in the application of the MTA, would recognize that CSEs can apply 46 Supra note 31 (explaining how the application facilitating the implementation of the separate MTAs for IM and VM, enabling of separate MTAs for IM and VM could result in the exchange of lower amounts of margin than if IM CFTC Margin Rule, with minimal CSEs to accommodate the different and VM MTA were computed on an aggregate impact on the protection of market segregation treatments for IM and VM basis). participants and the public in general. under the CFTC’s margin requirements 47 The following illustration explains how the Although the proposed amendments and to more efficiently comply with the application of separate MTAs for IM and VM could could result in larger amounts of MTA result in the exchange of higher amounts of margin CFTC Margin Rule. than if IM and VM MTA were computed on an being applied to uncleared swaps, The proposed amendments to aggregate basis: An SD and a counterparty agree to potentially resulting in the exchange of Commission regulations 23.151 and $300,000 IM MTA, and $200,000 VM MTA. If the reduced margin to offset the risk of 23.158(a) could have the overall effect of margin calculations set forth in Commission uncleared swaps, the impact is likely to regulations 23.154 (for IM), and 23.155 (for VM) permitting larger amounts of MTA being require the SD to post $200,000 of IM with the applied to uncleared swaps, resulting in counterparty and $250,000 of VM with the $200,000 VM MTA, even though the total amount the collection and posting of less counterparty, the SD would not be required to post of margin owed is below the $500,000 MTA set collateral to offset the risk of uncleared IM with the counterparty as the $200,000 forth in Commission regulations 23.152(b)(3) and requirement is less than the $300,000 MTA. 23.153(c). Letter 19–25 at 4. swaps, which could undermine the However, the SD would be required to post 48 7 U.S.C. 6s(j)(2). integrity of the markets. The $250,000 in VM as the VM required exceeds the 49 17 CFR 23.600. Commission, however, believes that the

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uncollateralized swap exposure would with other substantive aspects of the monetary or other quantitative estimates be limited given that the MTA CFTC Margin Rule, thus promoting of the potential magnitude of those costs thresholds are set at low levels, and balanced and sound risk management. and benefits. there are other built-in regulatory e. Other Public Interest Considerations • What are the benefits and costs if safeguards, such as the requirement that The proposed amendment to the Commission, as an alternative to this CSEs establish a risk management Proposal, were to maintain the status program under Commission regulation Commission regulation 23.158(a) would address the application of separate quo with respect to SMAs, which would 23.600 that provides for the therefore necessitate that the owners of implementation of internal risk MTAs for IM and VM, contributing to SMAs and their asset managers address parameters for the monitoring and the CFTC’s alignment with other the practical challenges in the management of swap risk. jurisdictions, such as the European The Commission also notes that the Union, which would advance the calculation of the MTA across SMAs proposed amendments would provide CFTC’s efforts to achieve consistent through coordination and arrangements certainty to market participants who international standards. The CFTC’s between the parties, in conjunction with may have relied on Letters 17–12 and alignment with other jurisdictions with the CSE that executes the swap trades? 19–25, and thereby facilitate their efforts respect to the application of the MTA Would such an approach impose an to take the operation of the will benefit CSEs that are global market undue burden on either the CSE or the Commission’s regulations into account participants by eliminating the need to SMA owner? Would the potential in planning their uncleared swap establish different settlement workflows benefit of maintaining the existing activities. tailored to each jurisdiction in which $500,000 MTA threshold outweigh any they operate. potential costs? c. Price Discovery Request for Comment. The C. Antitrust Considerations The proposed amendments to Commission invites comment on its Commission regulations 23.151 and preliminary consideration of the costs Section 15(b) of the CEA requires the 23.158(a) would simplify the process for and benefits associated with the Commission to ‘‘take into consideration applying the MTA, reducing the burden proposed amendments to Commission the public interest to be protected by the and cost of implementation. Given these regulations 23.151, 23.152(b)(3), antitrust laws and endeavor to take the cost savings, CSEs and other market 23.153(c) and 23.158(a), especially with least anticompetitive means of participants may be encouraged to respect to the five factors the achieving the purposes of the CEA, in increase their participation in the Commission is required to consider issuing any order or adopting any uncleared swap markets. As a result, under section 15(a) of the CEA. In Commission rule or regulation trading in uncleared swaps may addressing these areas and any other (including any exemption under section increase, leading to increased liquidity aspect of the Commission’s preliminary 4(c) or 4c(b)), or in requiring or and enhanced price discovery. cost-benefit considerations, the approving any bylaw, rule, or regulation d. Sound Risk Management Commission encourages commenters to of a contract market or registered futures submit any data or other information Because the proposed amendments to association established pursuant to they may have quantifying and/or section 17 of the CEA.50 Commission regulations 23.151 and qualifying the costs and benefits of the 23.158(a) may permit the application of Proposal. The Commission also The Commission believes that the larger amounts of MTA, less margin may specifically requests comment on the public interest to be protected by the be collected and posted to offset the risk following questions: antitrust laws is generally to protect of uncleared swaps. Nevertheless, the • Has the Commission accurately competition. The Commission requests Commission believes that the risk identified the benefits of this Proposal? comment on whether the Proposal would be mitigated because the Are there other benefits to the implicates any other specific public regulatory MTA thresholds are set at Commission, market participants, and/ interest to be protected by the antitrust low levels, and CSEs are required to or the public that may result from the laws. have a risk management program that adoption of this Proposal that the The Commission has considered the provides for the implementation of Commission should consider? Please Proposal to determine whether it is internal risk management parameters for provide specific examples and anticompetitive and has preliminarily the monitoring and management of explanations of any such benefits. identified no anticompetitive effects. • swap risk. Has the Commission accurately The Commission requests comment on The Commission also notes that the identified the costs of this Proposal? Are whether the Proposal is anticompetitive proposed amendments would simplify there additional costs to the and, if it is, what the anticompetitive the application of the MTA, reducing Commission, market participants, and/ effects are. the burden and cost of implementation, or the public that may result from the without leading to an unacceptable level adoption of this Proposal that the Because the Commission has of uncollateralized credit risk. Such Commission should consider? Please preliminarily determined that the reduced burden and cost could provide specific examples and Proposal is not anticompetitive and has encourage market participants to explanations of any such costs. no anticompetitive effects, the increase their participation in the • Does this Proposal impact the Commission has not identified any less uncleared swap markets, potentially section 15(a) factors in any way that is anticompetitive means of achieving the facilitating improved risk management not described above? Please provide purposes of the CEA. The Commission for counterparties using uncleared specific examples and explanations of requests comment on whether there are swaps to hedge risks. Moreover, by any such impact. less anticompetitive means of achieving facilitating compliance with certain • Whether, and the extent to which, the relevant purposes of the CEA that aspects of the Commission’s regulations, any specific foreign requirement(s) may would otherwise be served by adopting the Commission would allow market affect the costs and benefits of the the Proposal. participants to focus their efforts on Proposal. If so, please identify the monitoring and ensuring compliance relevant foreign requirement(s) and any 50 7 U.S.C. 19(b).

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List of Subjects in 17 CFR Part 23 ■ 3. Amend § 23.152 by revising amounts to be allocated for initial Capital and margin requirements, paragraph (b)(3) to read as follows: margin and variation margin. Such Major swap participants, Swap dealers, amounts, on a combined basis, must not § 23.152 Collection and posting of initial exceed the minimum transfer amount, Swaps. margin. as the term is defined in § 23.151. For the reasons stated in the * * * * * preamble, the Commodity Futures (b) * * * * * * * * Trading Commission proposes to amend (3) Minimum transfer amount. A Issued in Washington, DC, on August 14, 17 CFR part 23 as set forth below: covered swap entity is not required to 2020, by the Commission. collect or to post initial margin pursuant Robert Sidman, PART 23—SWAP DEALERS AND to §§ 23.150 through 23.161 with respect Deputy Secretary of the Commission. MAJOR SWAP PARTICIPANTS to a particular counterparty unless and Note: The following appendices will not ■ 1. The authority citation for part 23 until the combined amount of initial appear in the Code of Federal Regulations. continues to read as follows: margin and variation margin that is required pursuant to §§ 23.150 through Appendices to Margin Requirements for Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b– 23.161 to be collected or posted and that 1, 6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, Uncleared Swaps for Swap Dealers and 16a, 18, 19, 21. has not been collected or posted with Major Swap Participants—Commission respect to the counterparty is greater Voting Summary and Commissioners’ Section 23.160 also issued under 7 U.S.C. than the minimum transfer amount, as Statements 2(i); Sec. 721(b), Pub. L. 111–203, 124 Stat. the term is defined in § 23.151. 1641 (2010). Appendix 1—Commission Voting * * * * * ■ Summary 2. In § 23.151: ■ 4. Amend § 23.153 by revising ■ a. Revise the definition of ‘‘Minimum paragraph (c) to read as follows: On this matter, Chairman Tarbert and transfer amount’’; and Commissioners Quintenz, Behnam, Stump, ■ b. Add the definition for ‘‘Separately § 23.153 Collection and posting of and Berkovitz voted in the affirmative. No managed account’’ in alphabetical order. variation margin. Commissioner voted in the negative. The revision and addition read as * * * * * Appendix 2—Supporting Statement of follows: (c) Minimum transfer amount. A Commissioner Dawn D. Stump covered swap entity is not required to Overview § 23.151 Definitions applicable to margin collect or to post variation margin requirements. pursuant to §§ 23.150 through 23.161 I am pleased to support the proposed * * * * * with respect to a particular counterparty rulemaking that the Commission is issuing Minimum transfer amount means a unless and until the combined amount with respect to the ‘‘minimum transfer combined initial and variation margin amount’’ provisions of its margin of initial margin and variation margin requirements for uncleared swaps. amount under which no actual transfer that is required pursuant to §§ 23.150 of funds is required. The minimum This proposed rulemaking addresses through 23.161 to be collected or posted recommendations that the Commission has transfer amount shall be $500,000. and that has not been collected or received from its Global Markets Advisory Where a counterparty to a covered swap posted with respect to the counterparty Committee (‘‘GMAC’’), which I am proud to entity owns two or more separately is greater than the minimum transfer sponsor, and is based on a comprehensive managed accounts, a minimum transfer amount, as the term is defined in report prepared by GMAC’s Subcommittee on amount of up to $50,000 may be applied § 23.151. Margin Requirements for Non-Cleared Swaps for each separately managed account. (‘‘GMAC Margin Subcommittee’’).1 It * * * * * demonstrates the value added to the * * * * * ■ 5. Amend § 23.158 by revising Separately managed account means Commission’s policymaking by its Advisory paragraph (a) to read as follows: Committees, in which market participants an account of a counterparty to a and other interested parties come together to covered swap entity that meets the § 23.158 Margin documentation. provide us with their perspectives and following requirements: (a) General requirement. Each covered potential solutions to practical problems. (1) The account is managed by an swap entity shall execute The proposed rulemaking contains two asset manager and governed by an documentation with each counterparty proposals, which have much to commend investment management agreement, that complies with the requirements of them. These proposals further objectives that pursuant to which the counterparty I have commented on before: §§ 23.504 and that complies with this • grants the asset manager authority with section, as applicable. For uncleared The need to tailor our rules to assure that respect to a specified amount of the they are workable for those required to swaps between a covered swap entity comply with them; and counterparty’s assets; and a counterparty that is a swap entity • the benefits of codifying relief that has (2) Swaps are entered into between or a financial end user, the been issued by our Staff and re-visiting our the counterparty and the covered swap documentation shall provide the rules, where appropriate. entity by the asset manager on behalf of covered swap entity with the I am very appreciative of the many people the account pursuant to authority contractual right and obligation to whose efforts have contributed to bringing granted by the counterparty through an exchange initial margin and variation this proposed rulemaking to fruition. First, investment management agreement; and margin in such amounts, in such form, the members of the GMAC, and especially (3) The swaps of such account are and under such circumstances as are the GMAC Margin Subcommittee, who devoted a tremendous amount of time to subject to a master netting agreement required by §§ 23.150 through 23.161. that does not provide for the netting of With respect to the minimum transfer 1 Recommendations to Improve Scoping and initial or variation margin obligations amount, if a covered swap entity and a Implementation of Initial Margin Requirements for across all such accounts of the counterparty that is a swap entity or a Non-Cleared Swaps, Report to the CFTC’s Global counterparty that have swaps financial end user agree to have separate Markets Advisory Committee by the Subcommittee outstanding with the covered swap on Margin Requirements for Non-Cleared Swaps minimum transfer amounts for initial (April 2020), available at https://www.cftc.gov/ entity. and variation margin, the media/3886/GMAC_ * * * * * documentation shall specify the 051920MarginSubcommitteeReport/download.

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quickly provide us with a high-quality report matter, neither the owner of the SMA, the As I have said before, ‘‘[i]t is simply good on complex margin issues at the same time manager of the assets in the SMA, nor the government to re-visit our rules and assess they were performing their ‘‘day jobs’’ during swap dealer that is a counterparty to the whether certain rules need to be updated, a global pandemic. Second, Chairman SMA is in a position to readily determine evaluate whether rules are achieving their Tarbert, for his willingness to include this when the MTA has been exceeded on an objectives, and identify rules that are falling proposed rulemaking on the busy agenda that aggregate basis (or to assure that it is not). short and should be withdrawn or he has laid out for the Commission for the To address this challenge, the Commission improved.’’ 7 Experience with DSIO’s no- rest of this year. Third, my fellow is proposing to amend the definition of MTA action relief in Letter No. 17–12 supports Commissioners, for working with me on in its margin rules to allow a swap dealer to today’s proposal to tailor the application of these important issues. And finally, the Staff apply an MTA of up to $50,000 to each SMA the MTA under the Commission’s uncleared of the Division of Swap Dealer and owned by a counterparty with which the margin rules in the SMA context. Intermediary Oversight (‘‘DSIO’’), whose swap dealer enters into uncleared swaps. As Separate MTAs for IM and VM: The second tireless efforts have enabled us to advance noted in the proposing release, any potential proposal regarding the MTA in this proposed these initiatives to assure that our uncleared increase in uncollateralized credit risk as a rulemaking similarly would codify existing margin rules are workable for all, thereby result would be mitigated both by the DSIO no-action relief in recognition of enhancing compliance consistent with our conditions set out in the proposed rules, as market realities. Consistent with DSIO’s responsibilities under the Commodity well as existing safeguards in the CEA and Letter No. 19–25,8 it would recognize that a Exchange Act (‘‘CEA’’). the Commission’s regulations.3 swap dealer may apply separate MTAs for IM A Different Universe is coming into Scope of I believe that this is a sensible approach and VM with each counterparty, provided the Uncleared Margin Rules and an appropriate refinement to make the that the MTAs corresponding to IM and VM Commission’s uncleared margin rules are specified in the margin documentation The Commission’s uncleared margin rules workable for SMAs given the realities of the required under the Commission’s regulations, for swap dealers, like the Framework of the modern investment management and that the MTAs, on a combined basis, do Basel Committee on Banking Supervision environment. As I have stated before, no not exceed the prescribed MTA. and the Board of the International matter how well-intentioned a rule may be, DSIO’s no-action relief, and the Organization of Securities Commissions if it is not workable, it cannot deliver on its Commission’s proposed codification, take (‘‘BCBS/IOSCO’’) 2 on which they are based, intended purpose.4 were designed primarily to ensure the into account the separate settlement exchange of margin between the largest The Benefits of Codifying Staff Relief and workflows that swap counterparties maintain financial institutions for their uncleared Re-Visiting our Rules to reflect, from an operational perspective, swap transactions with one another. These the different regulatory treatment of IM and Application of MTA to SMAs: The proposal VM.9 At the same time, given that the total institutions and transactions are already that I have discussed above to amend the subject to uncleared margin requirements. amount of combined IM and VM exchanged application of the MTA to SMAs would would not exceed the prescribed MTA, Pursuant to the phased implementation codify no-action relief in Letter No. 17–12 schedule of the Commission’s rules and the separate MTAs for IM and VM would not that DSIO issued in 2017.5 Our Staff often materially increase the amount of credit risk BCBS/IOSCO Framework, though, a different has occasion to issue relief or take other universe of market participants—presenting at a given time. Under Letter No. 19–25 and action in the form of no-action letters, unique considerations—is coming into scope this proposal, swap dealers and their interpretative letters, or advisories on various of the margin rules. It is only now, as we counterparties can manage MTA in an issues and in various circumstances. This enter into the final phases of the operationally practicable way that aligns affords the Commission a chance to observe implementation schedule, that the with the market standard. how the Staff action operates in real-time, Commission’s uncleared margin rules will and to evaluate lessons learned. With the There Remains Unfinished Business apply to a significant number of financial benefit of this time and experience, the end-users, and we have a responsibility to The report of the GMAC Margin Commission should then consider whether make sure they are fit for that purpose. Subcommittee recommended several actions codifying such staff action into rules is beyond those contained in this proposed Accordingly, now is the time we must 6 explore whether the regulatory parameters appropriate. rulemaking in order to address the unique that we have applied to the largest financial challenges associated with the application of institutions in the earlier phases of margin 3 Specifically, CEA Section 4s(j)(2), 7 U.S.C. uncleared margin requirements to end-users. implementation need to be tailored to 6s(j)(2), requires swap dealers to adopt a robust risk Having been present for the development of management system adequate for the management the Dodd-Frank Act, I recall the concerns account for the practical operational of their swap activities, and CFTC Rule 23.600, 17 challenges posed by the exchange of margin expressed by many lawmakers about CFR 23.600, requires swap dealers to establish a applying the new requirements to end-users. when one of the counterparties is a pension risk management program to monitor and manage plan, endowment, insurance provider, risks associated with their swap activities. The practical challenges with respect to mortgage service provider, or other financial 4 Statement of Commissioner Dawn D. Stump end-user. Regarding Final Rule: Cross-Border Application of www.cftc.gov/sites/default/files/2020/08/ The proposed rulemaking regarding the the Registration Thresholds and Certain 1597339661/openmeeting_013020_Transcript.pdf. ‘‘minimum transfer amount’’ does exactly Requirements Applicable to Swap Dealers and 7 Statement of Commissioner Dawn D. Stump for that. The Commission’s uncleared margin Major Swap Participants (July 23, 2020), available CFTC Open Meeting on: (1) Final Rule on Position rules provide that a swap dealer is not at https://www.cftc.gov/PressRoom/ Limits and Position Accountability for Security SpeechesTestimony/stumpstatement072320. Futures Products; and (2) Proposed Rule on Public required to collect or post initial margin 5 CFTC Letter No. 17–12, Commission Rulemaking Procedures (Part 13 Amendments) (‘‘IM’’) or variation margin (‘‘VM’’) with a Regulations 23.152(b)(3) and 23.153(c): No-Action (September 16, 2019), available at https:// counterparty until the combined amount of Position for Minimum Transfer Amount with www.cftc.gov/PressRoom/SpeechesTestimony/ such IM and VM exceeds the minimum respect to Separately Managed Accounts (February stumpstatement091619. transfer amount (‘‘MTA’’) of $500,000. Yet, 13, 2017), available at https://www.cftc.gov/idc/ 8 CFTC Letter No. 19–25, Commission the application of the MTA presents a groups/public/@lrlettergeneral/documents/letter/ Regulations 23.151, 23.152, and 23.153—Staff significant operational challenge for 17-12.pdf. Time-Limited No-Action Position Regarding institutional investors that typically hire 6 See comments of Commissioner Dawn D. Stump Application of Minimum Transfer Amount under asset managers to exercise investment during Open Commission Meeting on January 30, the Uncleared Margin Rules (December 6, 2019), discretion over portions of their assets in 2020, at 183 (noting that after several years of no- available at https://www.cftc.gov/csl/19-25/ download. separately managed accounts (‘‘SMAs’’) for action relief regarding trading on swap execution facilities (‘‘SEFs’’), ‘‘we have the benefit of time and 9 Under the Commission’s uncleared margin purposes of diversification. As a practical experience and it is time to think about codifying rules, IM posted or collected by a swap dealer must some of that relief.... [T]he SEFs, the market be held by one or more custodians that are not 2 See generally BCBS/IOSCO, Margin participants, and the Commission have benefited affiliated with the swap dealer or the counterparty, requirements for non-centrally cleared derivatives from this time and we have an obligation to provide whereas VM posted or collected by a swap dealer (July 2019), available at https://www.bis.org/bcbs/ more legal certainty through codifying these is not required to be segregated with an publ/d475.pdf. provisions into rules.’’), available at https:// independent custodian. See 17 CFR 23.157.

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uncleared margin that caused uneasiness action letters, and recommendations made to U.S. prudential regulators also declined to back in 2009–2010 are now much more the CFTC’s Global Markets Advisory follow the BCBS/IOSCO framework in this immediate as the margin requirements are Committee (‘‘GMAC’’).4 I thank regard. The Commission noted in 2016 that being phased in to apply to these end-users. Commissioner Stump for her leadership of an entity could ‘‘window dress’’ its exposure So, while I am pleased at the steps the the GMAC and her work to bring these issues and artificially reduce its AANA during the Commission is taking in this proposed forward for the Commission’s consideration. measurement period.7 Even in the absence of rulemaking, I hope that we can continue to Today’s proposed amendments to the work together to address the other Margin Rule could help promote liquidity window dressing, there are also concerns that recommendations included in the GMAC and competition in swaps markets by short-dated swaps, including intra-month Margin Subcommittee’s report. The need to allowing the counterparties of certain end- natural gas and electricity swaps, may not be do so will only become more urgent as time users to rely on the initial margin captured in a month-end calculation marches on. calculations of the more sophisticated SDs window. While the MSE and Initial Margin with whom they enter into transactions Conclusion Proposal offers some analysis addressing designed to manage their risks, subject to these issues, it may be difficult to extrapolate To be clear, these proposals to amend the safeguards. They would also address market participants’ future behavior based on Commission’s uncleared margin rules are not practical challenges in the Commission’s current regulatory frameworks. I look forward a ‘‘roll-back’’ of the margin requirements that MTA rules that arise when an entity such as apply today to the largest financial a pension plan or endowment retains asset to public comment on these issues. institutions in their swap transactions with managers to invest multiple separately The MSE and Initial Margin Proposal and one another. Rather, the proposals reflect a managed accounts (‘‘SMAs’’). Similar the MTA Proposal each raise additional thoughtful refinement of our rules to take operational issues are addressed with respect concerns that merit public scrutiny and account of specific circumstances in which to initial and variation margin MTA comment. The MTA Proposal, for example, they impose substantial operational calculations. would permit a minimum transfer amount of challenges (i.e., they are not workable) when These operational and other benefits justify $50,000 for each SMA of a counterparty. In applied to other market participants that are publishing the MSE and Initial Margin the event of more than 10 SMAs with a single coming within the scope of their mandates. Proposal and the MTA Proposal in the counterparty (each with an MTA of $50,000), I look forward to receiving public input on Federal Register for public comment. the proposal would functionally displace the any improvements that can be made to the However, I am concerned that specific proposals to further enhance compliance aspects of each of these proposed rules could existing aggregate limit of $500,000 on a with the Commission’s uncleared margin weaken the Margin Rule and increase risk by particular counterparty’s uncollateralized requirements. creating a potentially larger pool of risk for uncleared swaps. The proposal uncollateralized, uncleared swaps exposure. would also state that if certain entities agree Appendix 3—Statement of My support for finalizing these proposals to have separate MTAs for initial and Commissioner Dan M. Berkovitz will depend on how the potential increased variation margin, the respective amounts of I support issuing for public comments two risks are addressed. MTA must be reflected in their required notices of proposed rulemaking to improve One potential risk in the MSE and Initial margin documentation. Under certain the operation of the CFTC’s Margin Rule.1 Margin Proposal arises from amending the scenarios, these separate MTAs could result The Margin Rule requires certain swap definition of MSE to align it with the BCBS/ 5 in the exchange of less total margin than if dealers (‘‘SDs’’) and major swap participants IOSCO framework. One element of the proposal would amend the calculation of the initial and variation margin were aggregated. (‘‘MSPs’’) to post and collect initial and The MSE and Initial Margin Proposal and 2 average daily aggregate notional amount variation margin for uncleared swaps. The the MTA Proposal both articulate rationales Margin Rule is critical to mitigating risks in (‘‘AANA’’) of swaps. The proposed rule would greatly reduce the number of days why the Commission preliminarily believes the financial system that might otherwise used in the calculation, reducing it from an arise from uncleared swaps. I support a that the risks summarized above, and others average of all business days in a three month strong Margin Rule, and I look forward to noted in the proposals, may not materialize. period to the average of the last business day public comments on the proposals, including The Commission’s experience with relevant in each month of a three month period.6 The whether certain elements of the proposals staff no-action letters may also appear to result would be that a value now calculated could increase risk to the financial system lessen concerns around the proposals. While across approximately 60+ data points (i.e., and how the final rule should address such each item standing on its own may not be a business days) would be confined to only risks. three data points, and could potentially significant concern, the collective impact of The proposals address: (1) The definition become less representative of an entity’s true the proposed rules may be a reduction in the of material swap exposure (‘‘MSE’’) and an AANA and swaps exposure. Month-end strong protections afforded by the 2016 alternative method for calculating initial trading adjustments could greatly skew the Margin Rule—and an increase in risk to the margin (‘‘the MSE and Initial Margin AANA average for an entity. U.S. financial system. The Commission must Proposal’’); and (2) the application of the When the Commission adopted the Margin minimum transfer amount (‘‘MTA’’) for resist the allure of apparently small, Rule in 2016, it rejected the MSE calculation apparently incremental, changes that, taken initial and variation margin (‘‘the MTA approach now under renewed consideration. Proposal’’). They build on frameworks together, dilute the comprehensive risk developed by the Basel Committee on framework for uncleared swaps. Banking Supervision and International framework was originally promulgated in 2013 and I look forward to public comments and to later revised in 2015. Organization of Securities Commissions 4 continued deliberation on what changes to 3 Recommendations to Improve Scoping and (‘‘BCBS/IOSCO’’), existing CFTC staff no- Implementation of Initial Margin Requirements for the MSE and Initial Margin Proposal and the Non-Cleared Swaps, Report to the CFTC’s Global MTA Proposal are appropriate. I thank 1 Margin Requirements for Uncleared Swaps for Markets Advisory Committee by the Subcommittee Commissioner Stump, our fellow Swap Dealers and Major Swap Participants, 81 FR on Margin Requirements for Non-Cleared Swaps, Commissioners, and staff of the Division of 636 (Jan. 6, 2016) (‘‘Margin Rule’’). April 2020, https://www.cftc.gov/media/3886/ Swap Dealer and Intermediary Oversight for 2 See also Commodity Exchange Act (‘‘CEA’’) GMAC_051920MarginSubcommitteeReport/ section 4s(e). The CEA, as amended by the Dodd- download. their extensive engagement with my office on Frank Act, requires the Commission to adopt rules 5 17 CFR 23.151. these proposals. for minimum initial and variation margin for 6 Existing Commission regulation 23.151 specifies [FR Doc. 2020–18222 Filed 9–21–20; 8:45 am] uncleared swaps entered into by SDs and MSPs for June, July, and August of the prior year as the which there is no prudential regulator. Although relevant calculation months. The proposed rule BILLING CODE 6351–01–P addressed in the rules, there are currently no would amend this to March, April, and May of the registered MSPs. current year. The proposed rule would also amend 3 BCBS/IOSCO, Margin requirements for non- the calculation date from January 1 to September 1. centrally cleared derivatives (July 2019), https:// These amendments would be consistent with the www.bis.org/bcbs/publ/d475.pdf. The BCBS/IOSCO BCBS/IOSCO framework. 7 See CFTC Margin Rule, 81 FR at 645.

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DEPARTMENT OF THE TREASURY to: CC:PA:LPD:PR (REG–REG–110059– a result of the repeal of section 20), Room 5203, Internal Revenue 958(b)(4), section 958(b) now provides Internal Revenue Service Service, P.O. Box 7604, Ben Franklin for downward attribution from a foreign Station, Washington, DC 20044. person to a United States person in 26 CFR Part 1 FOR FURTHER INFORMATION CONTACT: circumstances in which section 958(b), [[REG–110059–20] Concerning the proposed regulations, before the Act, did not so provide. As Christina G. Daniels at (202) 317–6934 a result, among other consequences, RIN 1545–BP83 or Lynlee C. Baker at (202) 317–6937; United States persons that were not concerning submissions of comments or previously treated as U.S. shareholders Ownership Attribution Under Section requests for a public hearing, Regina may be treated as U.S. shareholders, and 958 for Purposes of Sections 367(a) Johnson at (202) 317–5177 (not toll-free foreign corporations that were not and 954(c)(6) numbers). previously treated as CFCs may be AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: treated as CFCs. Treasury. On October 2, 2019, the Treasury Background Department and the IRS published ACTION: Notice of proposed rulemaking. I. Sections 318 and 958(b)(4) proposed regulations (REG–104223–18) SUMMARY: This document contains relating to the repeal of section 958(b)(4) Section 958 provides rules for proposed regulations relating to the in the Federal Register (84 FR 52398) determining direct, indirect, and modification of section 958(b) of the (the ‘‘2019 proposed regulations’’). The constructive stock ownership. Under Internal Revenue Code (‘‘Code’’) by the 2019 proposed regulations are issued as section 958(a)(1), stock is considered Tax Cuts and Jobs Act, which was final regulations in the Rules and owned by a person if it is owned enacted on December 22, 2017. The Regulations section of this issue of the directly or is owned indirectly through Federal Register. Consistent with the proposed regulations modify the certain foreign entities under section ownership attribution rules applicable purpose underlying the 2019 proposed 958(a)(2). Under section 958(b), the regulations, these proposed regulations to outbound transfers of stock or constructive stock ownership rules of securities of a domestic corporation propose additional changes that are section 318 apply, with certain intended to ensure that certain rules under section 367(a). The proposed modifications, to the extent that the regulations also narrow the scope of under sections 367(a) and 954(c)(6) effect is to treat any United States apply in the same manner in which they foreign corporations that are treated as person as a United States shareholder controlled foreign corporations for applied before the repeal of section within the meaning of section 951(b) 958(b)(4). purposes of the look-through rule under (‘‘U.S. shareholder’’) of a foreign section 954(c)(6). The proposed corporation, to treat a person as a II. Section 367(a) regulations affect United States persons related person within the meaning of Section 367(a)(1) generally provides that transfer stock or securities of a section 954(d)(3), to treat the stock of a that if a United States person transfers domestic corporation to a foreign domestic corporation as owned by a property to a foreign corporation in corporation that are subject to section U.S. shareholder of a controlled foreign connection with an exchange described 367(a), and United States shareholders corporation within the meaning of in section 332, 351, 354, 356, or 361, the of foreign corporations. section 957 (‘‘CFC’’) for purposes of foreign corporation will not be treated DATES: Written or electronic comments section 956(c)(2), or to treat a foreign as a corporation for purposes of and requests for a public hearing must corporation as a CFC. determining the extent to which gain is be received by November 20, 2020. As in effect before repeal, section recognized on the transfer. Requests for a public hearing must be 958(b)(4) provided that section Section 1.367(a)–3 provides rules submitted as prescribed in the 318(a)(3)(A), (B), and (C) (providing for regarding the treatment of transfers of ‘‘Comments and Requests for a Public so-called ‘‘downward attribution’’) was stock or securities by a United States Hearing’’ section. not to be applied so as to consider a person to a foreign corporation in an ADDRESSES: Commenters are strongly United States person as owning stock exchange described in section 367(a)(1) encouraged to submit public comments owned by a person who is not a United (‘‘outbound transfer’’). Section 1.367(a)– electronically. Submit electronic States person (a ‘‘foreign person’’). 3(b)(1) generally requires a United submissions via the Federal Effective for the last taxable year of States person to enter into a gain eRulemaking Portal at foreign corporations beginning before recognition agreement, pursuant to rules www.regulations.gov (indicate IRS and January 1, 2018, and each subsequent under § 1.367(a)–8, to obtain REG–110059–20) by following the year of the foreign corporations, and for nonrecognition treatment on an online instructions for submitting the taxable years of U.S. shareholders in outbound transfer of stock or securities comments. Once submitted to the which or with which such taxable years of a foreign corporation if the United Federal eRulemaking Portal, comments of the foreign corporations end, section States person owns at least five percent cannot be edited or withdrawn. The IRS 958(b)(4) was repealed by section 14213 (applying the attribution rules of section expects to have limited personnel of the Tax Cuts and Jobs Act, Public 318, as modified by section 958(b)) of available to process public comments Law 115–97 (2017) (the ‘‘Act’’). As a the transferee foreign corporation that are submitted on paper through result of this repeal, stock of a foreign immediately after the transfer. To obtain mail. Until further notice, any corporation owned by a foreign person nonrecognition treatment on outbound comments submitted on paper will be can be attributed to a United States transfers of stock or securities of a considered to the extent practicable. person under section 318(a)(3) for domestic corporation (the ‘‘U.S. target The Department of the Treasury various purposes, including for company’’), § 1.367(a)–3(c)(1) generally (Treasury Department) and the IRS will purposes of determining whether a requires the U.S. target company to meet publish for public availability any United States person is a U.S. certain reporting requirements and that comment submitted electronically, and shareholder of the foreign corporation each of four conditions is satisfied: (1) to the extent practicable on paper, to its and, therefore, whether the foreign Fifty percent or less of both the total public docket. Send paper submissions corporation is a CFC. In other words, as voting power and the total value of the

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stock of the transferee foreign shareholders with or within which such in effect when those regulations were corporation is received in the taxable years of foreign corporations promulgated. The Treasury Department transaction, in the aggregate, by U.S. end. and IRS have determined, however, that transferors; (2) fifty percent or less of Notice 2007–9, 2007–5 I.R.B. 401, the constructive ownership rules as they each of the total voting power and the describes guidance that the Treasury apply to the condition set forth in total value of the stock of the transferee Department and the IRS intend to issue § 1.367(a)–3(c)(1)(iii) (which requires foreign corporation is owned, in the regarding the application of section that either the United States person is aggregate, immediately after the transfer 954(c)(6), including certain anti-abuse not a five-percent transferee shareholder by United States persons that are either rules. That notice, in section 7(d), or the United States person must enter officers or directors of the U.S. target provides, in relevant part: into a gain recognition agreement) company or that are five-percent target When the use of options or similar should not be modified, and thus will shareholders (as defined in § 1.367(a)– interests causes a foreign corporation to continue to take into account downward 3(c)(5)(iii)); (3) either the United States become a CFC payor, and a principal purpose attribution. The continued application person is not a five-percent transferee for the use of the options or similar interests of downward attribution for purposes of shareholder (as defined in § 1.367(a)– is to qualify dividends, interest, rents, or § 1.367(a)–3(c)(1)(iii) results in a 3(c)(5)(ii)), or the United States person royalties paid by the foreign corporation for consistent application of the gain enters into a gain recognition agreement the section 954(c)(6) exception, the recognition agreement provisions for dividends, interest, rents, or royalties as provided in § 1.367(a)–8; and (4) the received or accrued from such foreign outbound transfers of stock or securities active trade or business test (as defined corporation will not be treated as being of domestic and foreign corporations. in § 1.367(a)–3(c)(3)) is satisfied. For received or accrued from a CFC payor and, Although the Act’s repeal of section purposes of applying these tests, therefore, will not be eligible for the section 958(b)(4) may require a United States § 1.367(a)–3(c)(4)(iv) states that, except 954(c)(6) exception. person to enter into a gain recognition as otherwise provided, the stock A rule similar to that in section 7(d) agreement in connection with an attribution rules of section 318, as of Notice 2007–9 was included in outbound transfer of stock or securities modified by section 958(b), apply in § 1.954–1(f)(2)(iv), T.D. 9883, 84 FR of a foreign corporation to obtain determining the ownership or receipt of 69107 (2019). nonrecognition treatment when no such stock, securities, or other property. agreement would have been required Explanation of Provisions before the Act, no changes are being III. Section 954(c)(6) I. Changes in Connection With Section proposed to § 1.367(a)–3(b)(1) because Section 954(c)(6)(A) generally 367(a) the Treasury Department and the IRS provides that for purposes of section have decided this result is appropriate 954(c), dividends, interest, rents, and As discussed in part II of the in light of the policies of section 367(a) royalties received or accrued by a CFC Background section of this preamble, and the Act. from a CFC that is a related person are § 1.367(a)–3(c)(4)(iv) states that, except Therefore, and in accordance with the not treated as foreign personal holding as otherwise provided, the constructive regulatory authority provided in section company income to the extent stock ownership rules of section 318, as 367(a), the proposed regulations revise attributable or properly allocable modified by section 958(b), apply for § 1.367(a)–3(c)(4)(iv) to apply the (determined under rules similar to the purposes of determining the ownership attribution rules of section 318, as rules of section 904(d)(3)(C) and (D)) to or receipt of stock, securities or other modified by section 958(b) but without income of the related person that is property under § 1.367(a)–3(c). The applying section 318(a)(3)(A), (B), and neither subpart F income nor income repeal of section 958(b)(4) and the (C) to treat a United States person as treated as effectively connected with the resulting application of section owning stock that is owned by a foreign conduct of a trade or business in the 318(a)(3)(A), (B), and (C) to the stock person, for all purposes of § 1.367(a)– United States (the ‘‘section 954(c)(6) ownership tests under § 1.367(a)–3(c)(1) 3(c) other than for purposes of exception’’). In general, and subject to can cause a transfer that previously determining whether a U.S. person is a certain limitations, the section 954(c)(6) would have satisfied the conditions set five-percent transferee shareholder exception is intended to make U.S.- forth in § 1.367(a)–3(c)(1) to no longer under § 1.367(a)–3(c)(1)(iii). based multinational corporations more qualify for the exception to section competitive with foreign-based 367(a)(1) because, for example, more II. Changes in Connection With Section multinational corporations by allowing shareholders are now considered to be 954(c)(6) U.S.-based multinational corporations to five-percent target shareholders as a As discussed in part III of the reinvest their active foreign earnings result of downward attribution. The Background section of this preamble, where they are needed without giving conditions set forth in § 1.367(a)–3(c)(1) Congress enacted section 954(c)(6) to rise to immediate additional taxation and the attribution rule in § 1.367(a)– generally allow U.S.-based under the subpart F provisions. See H.R. 3(c)(4)(iv) were promulgated when multinational corporations to reinvest Rep. No. 109–304 at 45 (2005). section 958(b)(4) did not allow for their active foreign earnings (in other Section 954(c)(6)(A) provides that the downward attribution from foreign words, earnings of CFCs subject to U.S. Secretary shall prescribe such persons. tax deferral) where they are needed regulations as may be necessary or The Treasury Department and the IRS outside the United States without giving appropriate to carry out the provision, have determined that, for purposes of rise to immediate additional taxation including regulations to prevent the applying § 1.367(a)–3(c)(1)(i), (ii), and under the subpart F provisions. abuse of the purposes of the provision. (iv), a United States person’s Accordingly, the section 954(c)(6) As most recently extended by the constructive ownership interest should exception is intended to apply to Further Consolidated Appropriations not include an interest that is treated as payments between CFCs of a U.S.-based Act, Public Law 116–94 (2020), section owned as a result of downward multinational group that have active 954(c)(6) applies to taxable years of attribution from a foreign person as it foreign earnings that are subject to the foreign corporations beginning after would inappropriately treat the United subpart F provisions. If a foreign December 31, 2005, and before January States person as owning an interest it corporation is a CFC solely by reason of 1, 2021, and to taxable years of U.S. would not have owned under the rules downward attribution from a foreign

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person, however, most or all of that III. Applicability Dates the Regulatory Flexibility Act (5 U.S.C. foreign corporation’s earnings typically The regulations under section 367(a) chapter 6). The proposed regulations are are not under U.S. taxing jurisdiction are proposed to apply to transfers made intended to ensure that certain rules (that is, subject to the subpart F and on or after September 21, 2020. under sections 367(a) and 954(c)(6) GILTI provisions or, in some cases, Subject to special rules for certain apply in the same manner in which they applied before the repeal of section taxed in the United States when entity classification elections and 958(b)(4). The proposed regulations do distributed to its owners) and, as a changes in taxable years, the regulations not impose any new costs on taxpayers. result, amounts paid or accrued by that under section 954(c)(6) are proposed to Consequently, the Treasury Department foreign corporation to another foreign apply to payments or accruals of and the IRS have determined that the corporation that is a CFC (without dividends, interest, rents, and royalties proposed regulations will not have a regard to downward attribution) should made by a foreign corporation during significant economic impact on a not be eligible for the section 954(c)(6) taxable years of the foreign corporation substantial number of small entities. ending on or after September 21, 2020, exception. For example, assume a Notwithstanding this certification, the and to taxable years of United States foreign corporation (FC1) is a CFC Treasury Department and the IRS invite (without regard to downward shareholders in which or with which comments on the impacts of these rules attribution) and a member of a foreign such taxable years of the foreign on small entities. parented multinational group, the corporation end. Pursuant to section 7805(f), this common parent of which is not a CFC, The proposed regulations further notice of proposed rulemaking has been and another foreign corporation (FC2) provide that taxpayers may choose to submitted to the Chief Counsel for that is also a member of the apply the rules under section 367 or Advocacy of the Small Business multinational group is a CFC but solely 954(c)(6), once filed as final regulations Administration for comment on its by reason of downward attribution and in the Federal Register, to the last impact on small business. The Treasury taxable year of a foreign corporation does not have any U.S. shareholders Department and the IRS request beginning before January 1, 2018, and that own (within the meaning of section comments on the impact of these each subsequent taxable year of the 958(a)) stock in such CFC (a ‘‘section proposed regulations on small business foreign corporation, subject to a entities. 958(a) U.S. shareholder’’). FC1 makes a consistency requirement. See section loan to FC2. In the absence of 7805(b)(7). Comments and Requests for a Public regulations, interest received by FC1 Finally, a taxpayer may rely on the Hearing from FC2 would be eligible for the proposed regulations under section 367 Before these proposed amendments to exception under section 954(c)(6) even or 954(c)(6) with respect to any taxable the regulations are adopted as final though the income of FC2 is not taxed year before the date that these regulations, consideration will be given by the United States. In comparison, if regulations are published as final to comments that are submitted timely FC1 made a loan to the foreign parent regulations in the Federal Register, to the IRS as prescribed in the preamble instead of to FC2, interest received by provided that the taxpayer and persons under the ADDRESSES section. The FC1 from the foreign parent would not that are related (within the meaning of Treasury Department and the IRS be eligible for the exception under section 267 or 707) to the taxpayer request comments on all aspects of the section 954(c)(6). consistently rely on the proposed proposed regulations. Any electronic Therefore, in accordance with the regulations under section 367 or comments submitted, and to the extent practicable any paper comments regulatory authority provided in section 954(c)(6), respectively, with respect to submitted, will be made available at 954(c)(6)(A), the proposed regulations all foreign corporations. www.regulations.gov or upon request. limit the application of the section Statement of Availability of IRS As noted in the preamble to the 2019 954(c)(6) exception to amounts received Documents proposed regulations, the Treasury or accrued from foreign corporations IRS Revenue Procedures, Revenue Department and the IRS intend to that are CFCs without applying section Rulings, notices, and other guidance update the regulations under section 318(a)(3)(A), (B), and (C) to treat a cited in this document are published in 267 to take into account the changes United States person as owning stock the Internal Revenue Bulletin and are made to that section by Public Law 108– that is owned by a foreign person. The available from the Superintendent of 357 in future guidance. The Treasury modification in these proposed Documents, U.S. Government Department and the IRS also intend to regulations is consistent with the Publishing Office, Washington, DC update the regulations under section treatment of interest received by FC1 in 20402, or by visiting the IRS website at 163(e) to take into account the changes the example if instead of making the http://www.irs.gov. made to that section by Public Law 108– loan to FC2, FC1 made the loan to the 357 in future guidance. The Treasury Special Analyses foreign parent of the group and with the Department and the IRS request purposes of the anti-abuse rules set forth These proposed regulations are not comments on the appropriate scope of in section 7(d) of Notice 2007–9 and subject to review under section 6(b) of such guidance. § 1.954–1(f)(2)(iv). Executive Order 12866 pursuant to the A public hearing will be scheduled if Memorandum of Agreement (April 11, requested in writing by any person who Comments are requested as to 2018) between the Treasury Department timely submits electronic or written whether, and if so, to what extent, the and the Office of Management and comments. Requests for a public hearing section 954(c)(6) exception should be Budget regarding review of tax are also encouraged to be made available in cases in which a related regulations. electronically. If a public hearing is foreign payor corporation (that is a CFC It is hereby certified that these scheduled, notice of the date and time solely as a result of downward proposed regulations will not have a for the public hearing will be published attribution) has section 958(a) U.S. significant economic impact on a in the Federal Register. Announcement shareholders and therefore is partially substantial number of small entities 2020–4, 2020–17 IRB 1, provides that under U.S. taxing jurisdiction. within the meaning of section 601(6) of until further notice, public hearings

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conducted by the IRS will be held (ii) * * * Paragraph (c)(4)(iv) of this taxpayer and persons that are related telephonically. Any telephonic hearing section applies to transfers occurring on (within the meaning of section 267 or will be made accessible to people with or after September 21, 2020. For 707) to the taxpayer consistently apply disabilities. transfers occurring before September 21, this section with respect to all foreign 2020, a taxpayer may apply paragraph corporations. Drafting Information (c)(4)(iv) of this section to transfers The principal authors of the proposed occurring during the last taxable year of Sunita Lough, regulations are Karen J. Cate, Christina a foreign corporation beginning before Deputy Commissioner for Services and G. Daniels, and Lynlee C. Baker of the January 1, 2018, and each subsequent Enforcement. Office of Associate Chief Counsel taxable year of the foreign corporation, [FR Doc. 2020–17550 Filed 9–21–20; 8:45 am] (International). However, other provided that the taxpayer and persons BILLING CODE 4830–01–P personnel from the Treasury that are related (within the meaning of Department and the IRS participated in section 267 or 707) to the taxpayer the development of the proposed consistently apply this paragraph with POSTAL SERVICE regulations. respect to all transfers to all foreign corporations. 39 CFR Part 111 List of Subjects in 26 CFR Part 1 * * * * * Addressing Standards Income taxes, Reporting and ■ Par. 3. Section 1.954(c)(6)–2 is added recordkeeping requirements. to read as follows: AGENCY: Postal ServiceTM. Proposed Amendments to the § 1.954(c)(6)–2 Definition of controlled ACTION: Proposed rule. Regulations foreign corporation for purposes of section SUMMARY: The Postal Service is 954(c)(6). Accordingly, 26 CFR part 1 is proposing to amend Mailing Standards proposed to be amended as follows: (a) Controlled foreign corporation. For of the United States Postal Service, purposes of section 954(c)(6), the term Domestic Mail Manual (DMM®) in PART 1—INCOME TAXES controlled foreign corporation has the various sections of 602, Addressing, to meaning given such term by section 957 update addressing standards. ■ Paragraph 1. The authority citation (taking into account the special rule for for part 1 is amended by adding an entry certain captive insurance companies DATES: Submit comments on or before for § 1.954(c)(6)–2 in numerical order to contained in section 953(c)), determined October 22, 2020. read in part as follows: without applying section 318(a)(3)(A), ADDRESSES: Mail or deliver written Authority: 26 U.S.C. 7805. (B), and (C) so as to consider a United comments to the manager, Product * * * * * States person as owning stock which is Classification, U.S. Postal Service, 475 Section 1.954(c)(6)–2 issued under 26 U.S.C. owned by a person who is not a United L’Enfant Plaza SW, Room 4446, 954(c)(6)(A). States person. Washington, DC 20260–5015. If sending * * * * * (b) Applicability dates—(1) In general. comments by email, include the name ■ Par. 2. Section 1.367(a)–3 is amended Except as provided in paragraph (b)(2) and address of the commenter and send by revising paragraph (c)(4)(iv) and of this section, this section applies to to PC Federal [email protected], with a adding two sentences at the end of payments or accruals of dividends, subject line of ‘‘Addressing Standards’’. paragraph (c)(11)(ii) to read as follows: interest, rents, and royalties made by a Faxed comments are not accepted. foreign corporation during taxable years Confidentiality § 1.367(a)–3 Treatment of transfers of of the foreign corporation ending on or stock or securities to foreign corporations. after September 21, 2020, and taxable All submitted comments and * * * * * years of United States shareholders in attachments are part of the public record (c) * * * which or with which such taxable years and subject to disclosure. Do not (4) * * * of the foreign corporation end. This enclose any material in your comments (iv) Attribution rule. Except as section also applies to taxable years of that you consider to be confidential or otherwise provided in this section, the a foreign corporation ending before inappropriate for public disclosure. rules of section 318, as modified by the September 21, 2020, and taxable years You may inspect and photocopy all rules of section 958(b) but without written comments, by appointment of United States shareholders in which ® applying section 318(a)(3)(A), (B), and or with which such taxable years of the only, at USPS Headquarters Library, (C) so as to consider a U.S. person as foreign corporation end, resulting from 475 L’Enfant Plaza SW, 11th Floor owning stock which is owned by a an entity classification election made North, Washington, DC 20260. These person who is not a U.S. person, apply under § 301.7701–3 of this chapter, or records are available for review on for purposes of determining the resulting from a change in taxable year Monday through Friday, 9 a.m.–4 p.m., ownership or receipt of stock, securities, under section 898, with respect to the by calling 202–268–2906. or other property under this paragraph. foreign corporation that was effective on FOR FURTHER INFORMATION CONTACT: For purposes of determining whether a or before September 21, 2020, but was James Wilson at (901) 681–4600, Kai U.S. person is a five-percent transferee filed on or after September 21, 2020. Fisher at (901) 681–4634, or Garry shareholder under paragraph (c)(1)(iii) (2) Special rule. A taxpayer may apply Rodriguez at (202) 268–7281. of this section, however, the rules of this section to the last taxable year of a SUPPLEMENTARY INFORMATION: section 318, as modified by the rules of foreign corporation beginning before section 958(b) (taking into account January 1, 2018, and each subsequent Background section 318(a)(3)(A), (B), and (C) so as to taxable year of the foreign corporation Currently, DMM section 602.6.0, ZIP consider a U.S. person as owning stock ending before September 21, 2020, and Code Accuracy Standards, provides that which is owned by a person who is not to taxable years of United States a ZIP Code may be used on a mail piece a U.S. person), apply. shareholders in which or with which within 12 months after verified by the * * * * * such taxable years of the foreign use of an approved method. Once a ZIP (11) * * * corporation end, provided that the Code is used on a mailpiece, the same

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address is considered to meet the The Postal Service is proposing to accuracy standard and must meet these standards for an additional 1 year. implement this change effective July 1, requirements: DMM sections 602.7.0, Carrier Route 2021. However, mailers may opt to use [Revise the text of items a and b to Accuracy Standard, and 9.0, Coding the new monthly update cycles for both read as follows:] Accuracy Support System (CASS), carrier route and non-carrier route a. Each address and associated 5-digit provide that Address Matching and mailings immediately. ZIP Code on the mailpieces in a mailing Coding Update standards require coding We believe this proposed revision must be verified and corrected within 6 to be performed within 90 days before will provide customers with a more months before the mailing date with one the mailing date for carrier route efficient process and will reduce the of the USPS-approved methods in 6.2. mailings and 180 days for all non-carrier risk of using address information that is b. If an address used on a mailpiece route mailings using the most current not current. in a mailing at one class of mail and USPS database. The current product price is verified and corrected with an release schedule allows for use of a List of Subjects in 39 CFR Part 111 database that is valid for 105 days and Administrative practice and approved method, the same address may be used for an additional 6 months procedure, Postal Service. may be used during the following 6 beyond that timeframe. As such, an Although exempt from the notice and months to meet the ZIP Code accuracy address added or modified in the comment requirements of the standard required for mailing at any database may not be updated on a Administrative Procedure Act (5 U.S.C. other class of mail and price. mailing list for nearly 1 year after the 553(b), (c)) regarding proposed 6.2 USPS—Approved Methods change was made. rulemaking by 39 U.S.C. 410(a), the In 2012 the Postal Service Postal Service invites public comment The following methods meet the ZIP implemented address management on the following proposed revisions to Code accuracy standard: product fulfillment via an electronic Mailing Standards of the United States * * * * * product fulfillment method designed to Postal Service, Domestic Mail Manual b. For manually maintained lists or provide subscription products to (DMM), incorporated by reference in the small computerized lists, options customers more efficiently. The Code of Federal Regulations. See 39 CFR include the following: database product updates are posted 111.1. [Delete item b1 and renumber items each month to a secure site where We will publish an appropriate b2 through b5 as items b1 through b4.] customers can log in to simply amendment to 39 CFR part 111 to reflect * * * * * download the product files. A recent these changes. survey of licensed Address Management Accordingly, 39 CFR part 111 is 7.0 Carrier Route Accuracy Standard data products indicate that CASS and proposed to be amended as follows: 7.1 Basic Standards Multiline Accuracy Support System (MASS) Certified software and service PART 111—GENERAL INFORMATION * * * Addresses used on pieces providers are retrieving and using the ON POSTAL SERVICE claiming any Periodicals carrier route monthly updates during the address prices, any USPS Marketing Mail ■ 1. The authority citation for 39 CFR matching and coding processes. Enhanced Carrier Route prices part 111 continues to read as follows: (including DALs or DMLs used with Proposal Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– Product Samples), or any Bound Printed The Postal Service is proposing a 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, Matter carrier route prices are subject to database product cycle that aligns with 401, 403, 404, 414, 416, 3001–3011, 3201– the carrier route accuracy standard and the release of other mailing products. 3219, 3403–3406, 3621, 3622, 3626, 3632, must meet the following requirements: 3633, and 5001. This will provide consistency across all [Revise the text of item a to read as mailing products and the method by ■ 2. Revise the Mailing Standards of the follows:] which the data files are available and United States Postal Service, Domestic a. Each address and associated carrier distributed. This proposal would Mail Manual (DMM) as follows: route code used on the mailpieces (or require the use of monthly updates for Mailing Standards of the United States DALs or DMLs) in a mailing must be both carrier route and non-carrier route Postal Service, Domestic Mail Manual updated within 60 days before the mailings and would reduce the risk of (DMM) mailing date with one of the USPS- using data that is no longer current. approved methods in 6.2. More frequent updates allow the * * * * * customer and the Postal Service to take * * * * * 600 Basic Standards for All Mailing [Revise the text of item c to read as advantage of the most current Services information available for the 158.6 follows:] million addresses served by the USPS. * * * * * c. If the carrier route code (and accuracy) of an address, used on a It will maximize mailers’ ability to 602 Addressing obtain postage discounts and improve mailpiece in a carrier route mailing at the ability to sort that mail to the proper * * * * * one class of mail and price, is updated carrier and in the proper sequence for 6.0 ZIP Code Accuracy Standards with an approved method, the same delivery. address may be used during the The proposed release schedule allows 6.1 Basic Standards following 60 days to meet the carrier for an overlap in dates for product use Except for mail bearing a simplified route accuracy standard required for and will allow mailers adequate time to address, addresses used on pieces in a mailing at any other class of mail and transfer and install the new data files mailing at all commercial First-Class price. and test their systems. Mailers will be Mail, nonbarcoded presorted * * * * * expected to update their systems with Periodicals, USPS Marketing Mail, the latest data files as soon as Parcel Select Lightweight, and Bound 9.0 Coding Accuracy Support System practicable and should not wait until Printed Matter presorted and carrier (CASS) the ‘‘last permissible use’’ date. route prices are subject to the ZIP Code * * * * *

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9.3 Date of Address Matching and * * * Coding must be done no more * * * The ‘‘current USPS database’’ Coding than 60 days before the mailing date for product cycle is defined by the table in 9.3.1 Update Standards all carrier route mailings and for all Exhibit 9.3.1. non-carrier route automation price [Delete current table under 9.3.1 and [Revise the second sentence and last mailings. * * * add new table as Exhibit 9.3.1 to read sentence of 9.3.1 to read as follows:] as follows:]

EXHIBIT 9.3.1—USPS DATABASE PRODUCT CYCLE

Release date Product date Mandatory begin usage Expiration date Last permissible mailing (posted) date (last permissible use date) date Use of file And must end no later released on (Publish date) Must begin no later than than (Exp date + 30 days)

November 15 ...... December 1 ...... January 1 ...... February 28/29 ...... March 31 December 15 ...... January 1 ...... February 1 ...... March 31 ...... April 30 January 15 ...... February 1 ...... March 1 ...... April 30 ...... May 31 February 15 ...... March 1 ...... April 1 ...... May 31 ...... June 30 March 15 ...... April 1 ...... May 1 ...... June 30 ...... July 31 April 15 ...... May 1 ...... June 1 ...... July 31 ...... August 31 May 15 ...... June 1 ...... July 1 ...... August 31 ...... September 30 June 15 ...... July 1 ...... August 1 ...... September 30 ...... October 31 July 15 ...... August 1 ...... September 1 ...... October 31 ...... November 30 August 15 ...... September 1 ...... October 1 ...... November 30 ...... December 31 September 15 ...... October 1 ...... November 1 ...... December 31 ...... January 31 October 15 ...... November 1 ...... December 1 ...... January 31 ...... February 28/29

* * * * * below. If commenters have already FOR FURTHER INFORMATION CONTACT: John submitted comments, they need not Chi, EPA Region 10, Air and Radiation Joshua J. Hofer, resubmit them, because they will be Division, 1200 Sixth Avenue–Suite 155, Attorney, Federal Compliance. routed to the correct docket. Seattle, WA 98101, at 206–553–1185, or [FR Doc. 2020–19096 Filed 9–21–20; 8:45 am] [email protected]. BILLING CODE 7710–12–P DATES: The comment period for the proposed rule published on July 27, SUPPLEMENTARY INFORMATION: 2020 (85 FR 45146), is reopened. Correction ENVIRONMENTAL PROTECTION Comments must be received on or AGENCY before October 22, 2020. On July 27, 2020 (85 FR 45146), we, ADDRESSES: Submit your comments, the EPA, published a proposed 40 CFR Part 52 identified by Docket ID No. EPA–R10– rulemaking finding that the Washington [EPA–R10–OAR–2018–0062; FRL–10013– OAR–2018–0062, at https:// SIP meets CAA interstate transport 67–Region 10] www.regulations.gov. Follow the online requirements for the 2010 1-hour SO2 instructions for submitting comments. NAAQS. In that publication, we Air Plan Approval; WA; Interstate Once submitted, comments cannot be supplied an incorrect docket number for Transport Requirements for the 2010 edited or removed from regulations.gov. commenters to use when they submit Sulfur Dioxide National Ambient Air the EPA may publish any comment comments. We are publishing this Quality Standards; Correction and received to its public docket. Do not document to clarify that the correct Reopening of Comment Period submit electronically any information docket number is EPA–R10–OAR–2018– AGENCY: Environmental Protection you consider to be Confidential 0062. However, if you already submitted Agency (EPA). Business Information (CBI) or other a comment, you need not resubmit it, information the disclosure of which is ACTION: Proposed rule; correction and because it will be routed to the correct reopening of comment period. restricted by statute. Multimedia docket. For details on the proposed submissions (audio, video, etc.) must be rulemaking, please refer to the Federal SUMMARY: On July 27, 2020, the accompanied by a written comment. Register publication at 85 FR 45146, Environmental Protection Agency (EPA) The written comment is considered the July 27, 2020. published a proposed rulemaking official comment and should include finding that the Washington State discussion of all points you wish to Dated: August 12, 2020. Implementation Plan (SIP) meets make. The EPA will generally not Christopher Hladick, specific Clean Air Act (CAA) interstate consider comments or comment Regional Administrator, Region 10. transport requirements for the 2010 1- contents located outside of the primary [FR Doc. 2020–17979 Filed 9–21–20; 8:45 am] hour Sulfur Dioxide (SO2) National submission (i.e., on the web, cloud, or BILLING CODE 6560–50–P Ambient Air Quality Standards other file sharing system). For (NAAQS). In that publication, we additional submission methods, the full supplied an incorrect docket number for EPA public comment policy, commenters to use when submitting information about CBI or multimedia comments. The correct docket number submissions, and general guidance on is EPA–R10–OAR–2018–0062 and making effective comments, please visit appears in the heading and the https://www.epa.gov/dockets/ ADDRESSES sections read correctly, commenting-epa-dockets.

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DEPARTMENT OF THE INTERIOR FWS–R4–ES–2018–0046 or by mail (c) Historical and current range, from the Raleigh Ecological Services including distribution patterns; Fish and Wildlife Service Field Office (see FOR FURTHER (d) Historical and current population INFORMATION CONTACT). levels, and current and projected trends; 50 CFR Part 17 Written comments: You may submit and [Docket No. FWS–R4–ES–2018–0046; written comments by one of the (e) Past and ongoing conservation FF09E21000 FXES11110900000 201] following methods: measures for the species, its habitat, or (1) Electronically: Go to the Federal both. RIN 1018–BD12 eRulemaking Portal: http:// (2) Factors that may affect the www.regulations.gov. In the Search box, Endangered and Threatened Wildlife continued existence of the species, enter FWS–R4–ES–2018–0046, which is and Plants; Threatened Species Status which may include habitat modification the docket number for this rulemaking. With Section 4(d) Rule and Critical or destruction, overutilization, disease, Then, click on the Search button. On the Habitat Designation for Atlantic Pigtoe predation, the inadequacy of existing resulting page, in the Search panel on regulatory mechanisms, or other natural AGENCY: Fish and Wildlife Service, the left side of the screen, under the or manmade factors. Interior. Document Type heading, click on the (3) Biological, commercial trade, or ACTION: Proposed rule; revisions and Proposed Rule box to locate this other relevant data concerning any reopening of comment period. document. You may submit a comment threats (or lack thereof) to this species by clicking on ‘‘Comment Now!’’ and existing regulations that may be SUMMARY: We, the U.S. Fish and (2) By hard copy: Submit your addressing those threats. Wildlife Service (Service), announce the comments by U.S. mail to: Public (4) Additional information concerning reopening of the comment period on our Comments Processing, Attn: FWS–R4– the historical and current status, range, October 11, 2018, proposed rule to list ES–2018–0046, U.S. Fish and Wildlife distribution, and population size of this the Atlantic pigtoe (Fusconaia masoni) Service, MS: JAO/1N, 5275 Leesburg species, including the locations of any as a threatened species with a section Pike, Falls Church, VA 22041–3803. additional populations of this species. 4(d) rule, and to designate critical We request that you send comments (5) Information on activities that are habitat for the species, under the only by the methods described above. necessary and advisable for the Endangered Species Act of 1973, as We will post all comments on http:// conservation of the Atlantic pigtoe to amended (Act). In this document, we www.regulations.gov. This generally include in a section 4(d) rule for the present revisions to the section 4(d) rule means that we will post any personal species. In particular, we request language and to the critical habitat information you provide us (see Public information concerning the extent to designation we proposed for the species Comments, below, for more which we should include any of the on October 11, 2018. As a result of the information). section 9 prohibitions in the 4(d) rule or critical habitat revisions, we now FOR FURTHER INFORMATION CONTACT: Pete whether any other forms of take should propose to designate a total of 566 miles Benjamin, Field Supervisor, U.S. Fish be excepted from the prohibitions in the (910 kilometers) as critical habitat for and Wildlife Service, Raleigh Ecological 4(d) rule. the Atlantic pigtoe across 18 units Services Field Office, 551F Pylon Drive, (6) The reasons why we should or within portions of 14 counties in Raleigh, NC 27606; telephone 919–856– should not designate habitat as ‘‘critical Virginia and 17 counties in North 4520. Persons who use a habitat’’ under section 4 of the Act, Carolina. This amounts to an increase of telecommunications device for the deaf including whether there are threats to 24 miles (38 kilometers) in our proposed (TDD) may call the Federal Relay the species from human activity, the critical habitat designation for the Service at 800–877–8339. degree of which can be expected to species. We are reopening the comment SUPPLEMENTARY INFORMATION: increase due to the designation, and period to allow all interested parties the whether that increase in threat opportunity to comment on the October Public Comments outweighs the benefit of designation 11, 2018, proposed rule, as well as the We will accept written comments and such that the designation of critical revisions described in this document. information during this reopened habitat may not be prudent. Comments previously submitted need comment period on our October 11, (7) Specific information on: not be resubmitted, as they will be fully 2018, proposed listing determination (a) The amount and distribution of considered in preparation of the final with section 4(d) rule and designation of Atlantic pigtoe habitat; rule. critical habitat for the Atlantic pigtoe (b) What areas, that were occupied at DATES: The comment period for the (83 FR 51570), the revisions to the the time of listing and that contain the proposed rule published October 11, section 4(d) rule and proposed critical physical or biological features essential 2018, at 83 FR 51570 is reopened. So habitat designation that are described in to the conservation of the species, that we can fully consider your this document, and our draft economic should be included in the designation comments in our final determination, assessment (DEA) of the proposed and why; submit them on or before October 22, critical habitat designation. We will (c) Special management 2020. Comments submitted consider information and considerations or protection that may be electronically using the Federal recommendations from all interested needed in critical habitat areas we are eRulemaking Portal (see ADDRESSES, parties. We are particularly interested in proposing, including managing for the below) must be received by 11:59 p.m. comments concerning: potential effects of climate change; and Eastern Time on the closing date. (1) The Atlantic pigtoe’s biology, (d) What areas not occupied at the ADDRESSES: range, and population trends, including: time of listing are essential for the Document availability: You may (a) Biological or ecological conservation of the species and why. obtain copies of the October 11, 2018, requirements of the species, including (8) Land use designations and current proposed rule and associated habitat requirements for feeding, or planned activities in the subject areas documents on the internet at http:// breeding, and sheltering; and their possible impacts on proposed www.regulations.gov under Docket No. (b) Genetics and taxonomy; critical habitat.

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(9) Any probable economic, national DEA, will be available for public provide for the conservation’’ of species security, or other relevant impacts of inspection on http:// listed as threatened. The U.S. Supreme designating any area that may be www.regulations.gov at Docket No. Court has noted that very similar included in the final designation, and FWS–R4–ES–2018–0046, or by statutory language demonstrates a large the benefits of including or excluding appointment, during normal business degree of deference to the agency (see areas that may be impacted. hours, at the U.S. Fish and Wildlife Webster v. Doe, 486 U.S. 592 (1988)). (10) Information on the extent to Service, Raleigh Ecological Services Conservation is defined in the Act to which the description of probable Field Office (see FOR FURTHER mean ‘‘the use of all methods and economic impacts in the DEA is a INFORMATION CONTACT). You may obtain procedures which are necessary to bring reasonable estimate of the likely copies of the proposed rule and the DEA any endangered species or threatened economic impacts and the description on the internet at http:// species to the point at which the of the environmental impacts in the www.regulations.gov at Docket No. measures provided pursuant to [the Act] draft environmental assessment is FWS–R4–ES–2018–0046, or by mail are no longer necessary.’’ Additionally, complete and accurate. from the Raleigh Ecological Services section 4(d) of the Act states that the (11) Whether any specific areas we are Field Office. Secretary ‘‘may by regulation prohibit proposing for critical habitat with respect to any threatened species Background designation should be considered for any act prohibited under section 9(a)(1), exclusion under section 4(b)(2) of the It is our intent to discuss in this in the case of fish or wildlife, or section Act, and whether the benefits of document only those topics directly 9(a)(2), in the case of plants.’’ Thus, potentially excluding any specific area relevant to the revised proposed section regulations promulgated under section outweigh the benefits of including that 4(d) rule and designation of critical 4(d) of the Act provide the Secretary area under section 4(b)(2) of the Act. habitat. For more information on the with wide latitude of discretion to select (12) Whether we could improve or species, its habitat, and previous appropriate provisions tailored to the modify our approach to designating Federal actions concerning the Atlantic specific conservation needs of the critical habitat in any way to provide for pigtoe, refer to the proposed rule threatened species. The statute grants greater public participation and published in the Federal Register on particularly broad discretion to the understanding, or to better October 11, 2018 (83 FR 51570). Service when adopting the prohibitions accommodate public concerns and In our October 11, 2018, proposed under section 9. comments. rule, we proposed to list the Atlantic The courts have recognized the extent If you submitted comments or pigtoe as a threatened species with a of the Secretary’s discretion under this information on the October 11, 2018, section 4(d) rule, including exceptions standard to develop rules that are proposed rule or DEA during the for species restoration efforts by State appropriate for the conservation of a comment period that was open from wildlife agencies, channel restoration species. For example, courts have October 11, 2018, to December 10, 2018, projects, bank stabilization projects, and approved rules developed under section please do not resubmit them. Any such silvicultural practices and forest 4(d) that include a taking prohibition for comments are already part of the public management activities. That rule also threatened wildlife, or include a limited record of this rulemaking proceeding, proposed to designate critical habitat in taking prohibition (see Alsea Valley and we will fully consider them in the 16 units encompassing approximately Alliance v. Lautenbacher, 2007 U.S. preparation of our final determination. 542 stream miles (872 kilometers) in Dist. Lexis 60203 (D. Or. 2007); Our final determination will take into Craig, Botetourt, Fluvanna, Washington Environmental Council v. consideration all written comments and Buckingham, Nottoway, Lunenburg, National Marine Fisheries Service, 2002 any additional information we receive Brunswick, Dinwiddie, Greensville, U.S. Dist. Lexis 5432 (W.D. Wash. during both comment periods. The final Mecklenburg, and Halifax Counties in 2002)). Courts have also approved 4(d) decision may differ from this revised Virginia, and in Rockingham, Granville, rules that do not address all of the proposed rule, based on our review of Vance, Franklin, Nash, Halifax, Warren, threats a species faces (see State of all information we receive during this Edgecombe, Pitt, Person, Durham, Louisiana v. Verity, 853 F.2d 322 (5th rulemaking proceeding. Orange, Wake, Johnston, Wilson, Cir. 1988)). As noted in the legislative You may submit your comments and Randolph, and Montgomery Counties in history when the Act was initially materials by one of the methods listed North Carolina. In addition, we enacted, ‘‘once an animal is on the in ADDRESSES. We request that you send announced the availability of a DEA of threatened list, the Secretary has an comments only by the methods the proposed critical habitat almost infinite number of options described in ADDRESSES. designation. We accepted comments on available to him with regard to the If you submit a comment via http:// the proposed rule and DEA for 60 days, permitted activities for those species. He www.regulations.gov, your entire ending December 10, 2018. Based on may, for example, permit taking, but not comment—including any personal information we received during the importation of such species, or he may identifying information—will be posted public comment period, we propose to choose to forbid both taking and on the website. We will post all revise the proposed section 4(d) rule importation but allow the transportation hardcopy comments on http:// and critical habitat designation, and are of such species’’ (H.R. Rep. No. 412, www.regulations.gov as well. If you therefore reopening the comment period 93rd Cong., 1st Sess. 1973). submit a hardcopy comment that to allow the public additional time to Although the statute does not require includes personal identifying submit comments on both the October the Service to make a ‘‘necessary and information, you may request at the top 11, 2018, proposed rule, as well as the advisable’’ finding with respect to the of your document that we withhold this revisions described in this document. adoption of specific prohibitions under information from public review. section 9, we find that this rule is However, we cannot guarantee that we New Information and Revisions to necessary and advisable to provide for will be able to do so. Proposed Section 4(d) Rule the conservation of the Atlantic pigtoe. Comments and materials we receive, Section 4(d) of the Act states that the The Service proposed a species-specific as well as supporting documentation we ‘‘Secretary shall issue such regulations 4(d) rule that is designed to address the used in preparing the proposed rule and as he deems necessary and advisable to Atlantic pigtoe’s specific threats and

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conservation needs. It would promote the prohibitions set forth at 50 CFR position to assist the Services in conservation of the Atlantic pigtoe by 17.31(a). Instead, we propose to refer to implementing all aspects of the Act. In encouraging management of the the prohibitions set forth at 50 CFR this regard, section 6 of the Act provides landscape in ways that meet both land 17.21, which apply to endangered that the Services shall cooperate to the management considerations and species. However, the substance of the maximum extent practicable with the meeting the conservation needs of the prohibitions, and exceptions to those States in carrying out programs Atlantic pigtoe. It would be one of many prohibitions, in the proposed 4(d) rule authorized by the Act. Therefore, any tools that the Service would use to for the Atlantic pigtoe have not qualified employee or agent of a State promote the conservation of the Atlantic changed. As we stated in the October conservation agency that is a party to a pigtoe. It would apply only if and when 11, 2018, proposed rule, the species cooperative agreement with the Service the Service makes final the listing of the needs active conservation to improve in accordance with section 6(c) of the Atlantic pigtoe as a threatened species. the quality of its habitat. By excepting Act, who is designated by his or her As discussed under the October 11, some of the general prohibitions of 50 agency for such purposes, would be able 2018, proposed rule’s Summary of CFR 17.21, these excepted actions can to conduct activities designed to Biological Status and Threats (83 FR encourage cooperation by landowners conserve Atlantic pigtoe that may result 51570, pp. 83 FR 51572–51577), and other affected parties in in otherwise prohibited take for wildlife declines in water quality, loss of stream implementing conservation measures. without additional authorization. flow, riparian and instream This would allow use of the land while We propose revisions to the second fragmentation, and deterioration of at the same time ensuring the protection exception for channel restoration instream habitats are affecting the status of suitable habitat and minimizing projects based on public comments of the Atlantic pigtoe. These threats, impact on the species. received. This exception retains most of which are expected to be exacerbated by We are retaining the exceptions to the the language from the October 11, 2018, continued urbanization and the effects prohibitions proposed in the October proposed rule for creation of natural, of climate change, were central to our 11, 2018, section 4(d) rule. We believe physically stable, ecologically assessment of the future viability of the that those actions and activities, while functioning streams that are Atlantic pigtoe. Therefore, we prohibit they may have some minimal level of reconnected with their groundwater actions that result in the incidental take disturbance to the Atlantic pigtoe, are aquifer (83 FR 51570, p. 83 FR 51593). of Atlantic pigtoe by altering or unlikely to negatively impact the Second- to third-order, headwater degrading the habitat. Regulating species’ conservation and recovery streams reconstructed in this way would incidental take resulting from these efforts. The proposed exceptions to offer suitable habitats for the Atlantic activities would help preserve the these prohibitions include (1) species pigtoe and contain stable channel species’ remaining populations, slow its restoration efforts by State wildlife features, such as pools, glides, runs, and rate of decline, and decrease synergistic, agencies, (2) channel restoration riffles, which could be used by the negative effects from other stressors. projects, (3) bank stabilization projects, species and its host fish for spawning, This 4(d) rule would provide for the and (4) silvicultural practices and forest rearing, growth, feeding, migration, and conservation of the Atlantic pigtoe by management activities. other normal behaviors. In this prohibiting the following activities, During the comment period on the document, we propose to add language except as otherwise authorized or October 11, 2018, proposed rule, we that would require surveys and permitted: Importing or exporting; take; received numerous comments from the relocation for Atlantic pigtoes observed possession and other acts with public and peer reviewers on several of prior to commencement of restoration unlawfully taken specimens; delivering, the exceptions to the prohibitions in the action. receiving, transporting, or shipping in proposed 4(d) rule. As a result, we The third exception for bank interstate or foreign commerce in the retain the four exceptions but propose to stabilization projects remains largely course of commercial activity; or selling revise some of them. Below, we describe unchanged from what we proposed on or offering for sale in interstate or the four exceptions and their proposed October 11, 2018, except that we foreign commerce. revisions, if any. propose to include a requirement that Under the Act, ‘‘take’’ means to The first exception for species appropriate ‘‘native’’ vegetation, harass, harm, pursue, hunt, shoot, restoration efforts by State wildlife including woody species appropriate for wound, kill, trap, capture, or collect, or agencies remains unchanged from what the region and habitat, should be used to attempt to engage in any such we proposed on October 11, 2018 (83 FR for stabilization. We propose this conduct. Some of these provisions have 51570, p. 83 FR 51593), and includes revision based on comments we been further defined in regulation at 50 collection of broodstock, tissue received. CFR 17.3. Take can result knowingly or collection for genetic analysis, captive During the public comment period, otherwise, by direct and indirect propagation, and subsequent stocking the Service received several comments impacts, intentionally or incidentally. into currently occupied and unoccupied on the fourth exception for silvicultural Regulating incidental and/or intentional areas within the historical range of the practices and forest management take would help preserve the species’ species. The Service recognizes our activities, including seeking further remaining populations, slow their rate special and unique relationship with clarification of the meaning of ‘‘highest of decline, and decrease synergistic, our State natural resource agency standard’’ best management practices negative effects from other stressors. partners in contributing to conservation (BMPs). As a result, we propose to Therefore, we proposed to prohibit of listed species. State agencies often revise the language to clarify that the intentional take of the Atlantic pigtoe, possess scientific data and valuable BMPs must result in protection of the including, but not limited to, capturing, expertise on the status and distribution habitat features that provide for the handling, trapping, collecting, or other of endangered, threatened, and breeding, feeding, sheltering, and activities. In this proposed revision, we candidate species of wildlife and plants. dispersal needs of the Atlantic pigtoe. would change the way in which the State agencies, because of their Specifically concerning streamside provisions of the 4(d) rule for the authorities and their close working management zones (SMZs), the Atlantic pigtoe would appear in 50 CFR relationships with local governments proposed 4(d) rule has been revised to 17.45, and we would no longer refer to and landowners, are in a unique provide details about SMZ widths that

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would be most protective of the habitat insects) into the food chain (VADF 2019, pp. 29, 41, 47, 57). Transformed for the species, similar to those more 2011, p. 37). Ninety percent of the food juvenile mussels require clean gravel/ substantial BMPs considered for in forested streams comes from coarse sand substrates with oxygenated ‘‘special/sensitive’’ streams that are bordering vegetation (NCWRC 2002, p. water to successfully become adults designated ‘‘trout waters’’ and already 6; USFWS 2006, p. 6; Stewart et al. (USFWS 2019, p. 11). Lastly, a silted implemented by both Virginia and 2000, p. 210; USFWS 2019, p. 55). bottom substrate can result in mortality North Carolina State forestry programs Freshwater mussels require cool, well- (USFWS 2019, pp. 29, 59). (North Carolina Forest Service (NCFS) oxygenated water, and a clean stream Accordingly, we have clarified the 2006, entire; Virginia Department of bottom (USFWS 2019, p. 11). A lack of intent of the fourth exception for Forestry (VADF) 2011, entire). SMZs for these features limits the number of silviculture practices and forest waterbodies that are occupied by the freshwater mussels a stream can management activities to those that Atlantic pigtoe are intended to be support. Aquatic habitat and suitable implement State-approved best water temperature can be maintained similar to the trout water SMZs, as management practices (BMPs), which even during logging operations when described in the Virginia BMP include the following specifications for streamside vegetation is left intact streamside management zones (SMZ), Technical Manual (VADF 2011, p. 37), (VADF 2011, p. 37). the North Carolina Forestry BMP In addition, we propose to revise the stream crossings, and access roads: Manual to Protect Water Quality (NCFS 4(d) rule to provide details on how 1. A two-zoned SMZ is established 2006, pp. 21, 30–31), and life-history access roads, skid trails, and crossings and maintained along each side of the requirements as documented in the can be used in a way that would be most margins of intermittent streams, species status assessment (SSA) for the protective of the habitat by reducing perennial streams, and perennial Atlantic pigtoe (USFWS 2019, pp. 5– sedimentation (NCFS 2018, entire). waterbodies (see table for example of 11). In waterbodies that support listed Silted stream bottoms suffocate filter- current specifications based on slope freshwater mussel species, a wider SMZ feeding animals and decrease the similar to Trout Waters (VADF 2011, is more effective at reducing stream’s insect population, an important p.15)). The SMZ is measured from the sedimentation, maintaining lower water source of food for host fish (VADF 2011, top of the stream bank, and is expected temperatures through shading, and p. 37). Siltation also makes mussel and to confine visible sediment resulting introducing food (such as leaves and host fish reproduction difficult (USFWS from accelerated erosion.

TABLE 1—STREAMSIDE MANAGEMENT ZONE (SMZ) FOR WATERBODIES OCCUPIED BY ATLANTIC PIGTOE.

Zone 2 Zone 1 (selective harvest Total SMZ width Percent slope of adjacent lands (%) (no touch/no harvest; allowed; measured (measured in feet) measured in feet) in feet)

0–10 ...... 50 16 66 11–20 ...... 50 25 75 21–45 ...... 50 50 100 46+ ...... 50 70 120

2. Access roads and skid trails that control structures to restrain accelerated • https://www.stateforesters.org/bmps/ cross an intermittent stream, a perennial erosion and prevent visible sediment • https://www.ncforestservice.gov/ stream, or a perennial waterbody are from entering intermittent streams, publications/Forestry%20Leaflets/ installed using properly designed and perennial streams, and perennial WQ01.pdf constructed structures installed at right waterbodies; and • http://www.dof.virginia.gov/infopubs/ angles to the stream. Structures do not e. Native ground cover, or best BMP-Technical-Guide_pub.pdf • impede fish passage or stream flow, and management practices, that prevent https://www.sfiprogram.org/wp- _ minimize the amount of visible visible sediment from entering content/uploads/2015 2019Standards intermittent streams, perennial streams, andRulesSection2Oct2015.pdf sediment that enters that stream or • waterbody. Number of crossings is and perennial waterbodies are provided https://us.fsc.org/download.fsc-us- minimized, and stable sites for crossings within 10 working days of initial forest-management-standard-v1- are chosen. These crossings are installed disturbance and are maintained until 0.95.htm • https://www.treefarmsystem.org/ so that: the site is permanently stabilized. a. Stream flow is not obstructed or 3. All access roads and skid trails are certification-american-tree-farm- impeded; located outside of SMZs unless no other standards b. No intermittent stream channel, alternative exists. We reiterate that these actions and perennial stream channel, or perennial State-approved forestry BMPs are activities may have some minimal level waterbody is used as an access road or upheld by North Carolina’s Forest of take of the Atlantic pigtoe, but are not skid trail; Practice Guidelines (FPGs) related to expected to negatively impact the c. Crossings are provided with water quality standards, the Virginia species’ conservation and recovery effective structures or native ground Department of Forestry, and the efforts. Rather, we expect they would cover to protect the stream banks and Sustainable Forestry Initiative/Forest have a net beneficial effect on the stream channel from accelerated Stewardship Council/American Tree species. Across the species’ range, erosion; Farm System certification standards for instream habitats have been degraded d. Crossings have sufficient water both forest management and responsible physically by sedimentation and by control devices to collect and divert fiber sourcing, and are publicly direct channel disturbance. The surface flow from the access road or available on websites for these activities in the proposed 4(d) rule skid trail into undisturbed areas or other organizations, as follows: would correct some of these problems,

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creating more favorable habitat of the Service to enter into partnerships remain the same. All revised changes to conditions for the species. for the management and protection of unit numbers are described below and Further, the proposed 4(d) rule would the Atlantic pigtoe. However, listed in Table 2. Specifically, we allow the issuance of permits to carry interagency cooperation may be further propose to add two units based on out otherwise prohibited activities, streamlined through planned updated observations of the species in including those described above, programmatic consultations for the locations previously considered involving threatened wildlife under species between Federal agencies and historical; the new Unit 4 is 4 miles (6.6 certain circumstances. Regulations the Service. Anyone undertaking km) of Sappony Creek in the Chowan governing permits are codified at 50 activities that are not covered by the River Basin in Dinwiddie County, CFR 17.32. With regard to threatened provisions and that may result in take Virginia (J. Stanhope 2019, pers. wildlife, a permit may be issued for the would need to ensure, in consultation comm.), and the new Unit 9 is 3 miles following purposes: for scientific with the Service, that those activities are (4.8 km) of Little Grassy Creek in the purposes, to enhance the propagation or not likely to jeopardize the continued Roanoke River Basin in Granville survival of the species, for economic existence of the species where the entity County, North Carolina (NCWRC 2018, hardship, for zoological exhibition, for is a Federal agency or there is a Federal p.6). We also propose to revise Unit 5 educational purposes, for incidental nexus, or consider applying for a permit (previously Unit 4) to add 3.5 river taking, or for special purposes before proceeding with the activity (if miles (5.6 km) of Sturgeon Creek based consistent with the purposes of the Act. there is no Federal nexus). on a 2015 observation of Atlantic pigtoe The Service recognizes the special not included in the October 11, 2018, and unique relationship with our State New Information and Revisions to Proposed Critical Habitat proposed rule, and 10.3 river miles (16.6 natural resource agency partners in km) of Nottoway River based on contributing to conservation of listed During the public comment period, accidental omission of data in the species. State agencies often possess we received 12 comment letters October 11, 2018, proposed rule scientific data and valuable expertise on containing over 80 comments on the (J.Stanhope 2018, pers. comm.). We the status and distribution of proposed critical habitat designation. propose to revise Unit 7 (previously endangered, threatened, and candidate Some of the comments from the North Unit 6) to add 7 miles (11.3 km) of the species of wildlife and plants. State Carolina Wildlife Resources Dan River in Rockingham County, North agencies, because of their authorities Commission (NCWRC) provided Carolina, based on a 2017 observation of and their close working relationships information that recommended Atlantic pigtoe (NCWRC 2018, p.6). We shortening proposed units to better with local governments and propose to revise Unit 10 (previously match the Natural Heritage Program landowners, are in a unique position to Unit 8) to remove two portions from this element occurrences. The NCWRC also assist the Services in implementing all unit totaling 3.75 miles (3.4 miles (5.5 aspects of the Act. In this regard, section provided new observation data collected km) from unnamed tributary to Bear 6 of the Act provides that the Services since the first version of the SSA report, Swamp Creek and 0.35 miles (0.6 km) shall cooperate to the maximum extent which was finalized in December 2016, from unnamed tributary to Cub Creek) practicable with the States in carrying including updated 2017 and 2018 to better match the Natural Heritage out programs authorized by the Act. survey records in Little Grassy Creek Element Occurrence data, and add one Therefore, any qualified employee or (Dan River Basin, Granville County, portion of 10 miles (16.1 km) to the Tar agent of a State conservation agency that North Carolina), the Dan River River in Nash County, North Carolina, is a party to a cooperative agreement (Rockingham County, North Carolina), based on a 2016 observation of Atlantic with the Service in accordance with and the Tar River (Nash County, North pigtoe. We also propose to revise Unit section 6(c) of the Act, who is Carolina), and an updated 2015 survey designated by his or her agency for such location in Sturgeon Creek (Nottoway 11 (previously, Unit 9) to remove 8 purposes, would be able to conduct River Basin, Dinwiddie County, miles (12.9 km) from Sandy Creek to activities designed to conserve the Virginia). We also determined we had better match the Natural Heritage Atlantic pigtoe that may result in accidentally omitted observations from Element Occurrence data in response to otherwise prohibited take without 2011 in Sappony Creek (Nottoway River the public comments from the NCWRC. additional authorization. Basin, Dinwiddie County, Virginia) and All of the additional stream miles are Finally, the proposed 4(d) rule would the Nottoway River (in Brunswick, currently occupied, contain most or all allow take of the Atlantic pigtoe without Dinwiddie, and Greensville Counties, of the physical or biological features to a permit by any employee or agent of Virginia) in the October 11, 2018, support life-history functions essential the Service or a State conservation proposed rule (83 FR 51570). We also to the conservation of the Atlantic agency designated by his agency for noted an error in the critical habitat pigtoe, and may require special such purposes and when acting in the table, where the measurement for the management considerations or course of his official duties if such New Hope Creek unit is 4 river miles protection from threats as described in action is necessary to aid a sick, injured, (6.4 kilometers (km)), not 6 river miles the October 11, 2018, proposed rule (83 or orphaned specimen; to dispose of a (9.7 km). This information had been FR 51570). For clarity, we also propose dead specimen; or to salvage a dead included in the SSA report but not in to add short textual descriptions of each specimen which may be useful for the proposed critical habitat proposed unit in the regulatory text of scientific study. In addition, Federal designation. the critical habitat designation. and State law enforcement officers may Therefore, in this document, we The DEA for the proposed critical possess, deliver, carry, transport, or ship propose certain revisions to the critical habitat designation has not been Atlantic pigtoe taken in violation of the habitat designation we proposed for the revised. The counties containing the Act as necessary. Atlantic pigtoe on October 11, 2018 (83 new units (Units 4 and 9) and the Nothing in this proposed 4(d) rule FR 51570). Because of these revisions, revised units (Units 7, 10, and 11) are would change in any way the recovery the numbering for most of the critical included in the DEA’s analysis that uses planning provisions of section 4(f) of the habitat units has changed from the the consultation efforts occurring in Act, the consultation requirements October 11, 2018, proposed rule, counties, which overlap with the under section 7 of the Act, or the ability although the names and descriptions October 11, 2018, proposed designation

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for Atlantic pigtoe critical habitat, as the Revised Proposed Critical Habitat River, (8) Aarons Creek, (9) Little Grassy basis of determining incremental costs. Designation Creek, (10) Upper/Middle Tar River The revised Unit 5 (previously Unit 4) In total, we now propose to designate Subbasin, (11) Sandy/Swift Creek, (12) includes 0.99 river miles (1.6 km) in approximately 566 miles (910 Fishing Creek Subbasin, (13) Lower Tar Sussex County, Virginia, which was not kilometers) in 18 units in Virginia and River, (14) Upper Neuse River Subbasin, considered in our DEA. However, given North Carolina as critical habitat for the (15) Middle Neuse River Subbasin, (16) the small amount of habitat and zero Atlantic pigtoe. The proposed critical New Hope Creek, (17) Deep River consultation efforts on co-occurring habitat areas described below constitute Subbasin, and (18) Little River species (yellow lance and Roanoke our best assessment, at this time, of Subbasin. Table 2 shows the name, land logperch) to date in this area of the Unit, areas that meet the definition of critical ownership of the riparian areas we do not anticipate an increase in the habitat, and all units are considered surrounding the units, and approximate overall incremental costs of designating currently occupied by the species. river miles of the proposed designated critical habitat for the Atlantic pigtoe. Those 18 units are: (1) Craig Creek, (2) units for the Atlantic pigtoe. Where Mill Creek, (3) Middle James River, (4) appropriate, Table 2 also notes the Sappony Creek, (5) Nottoway River previous number for units for which the Subbasin, (6) Meherrin River, (7) Dan numbering has changed.

TABLE 2—REVISED PROPOSED CRITICAL HABITAT UNITS FOR THE ATLANTIC PIGTOE

River miles Previous unit Critical habitat unit Riparian ownership (kilometers) Proposed changes numbering

Unit 1. JR1—Craig Creek ...... Private; Federal ...... 29 (46.7) None ...... Unit 1: JR1 Unit 2. JR2—Mill Creek ...... Federal ...... 1 (1.6) None ...... Unit 2: JR2 Unit 3. JR3—Middle James River ...... Private ...... 3 (4.8) None ...... Unit 3: JR3 Unit 4. CR1—Sappony Creek ...... Private ...... 4 (6.6) New Unit ...... New Unit Unit 5. CR2—Nottoway River Subbasin ...... Private; Federal ...... 64 (103) + 14 mi (22.5 km) ...... Unit 4: CR1 Unit 6. CR3—Meherrin River ...... Private ...... 5 (8) None ...... Unit 5: CR2 Unit 7. RR1—Dan River ...... Private ...... 14 (22.5) +7 mi (11.2 km) ...... Unit 6: RR1 Unit 8. RR2—Aarons Creek ...... Private ...... 12 (19.3) None ...... Unit 7: RR2 Unit 9. RR3—Little Grassy Creek ...... Private ...... 3 (4.8) New Unit ...... New Unit Unit 10. TR1—Upper/Middle Tar River Subbasin ... Private; Easements ...... 91 (146.5) +6 mi (9.7 km) ...... Unit 8: TR1 Unit 11. TR2—Sandy/Swift Creek ...... Private; State; Ease- 50 (80.5) ¥8 mi (12.8 km) ...... Unit 9: TR2 ments. Unit 12. TR3—Fishing Creek Subbasin ...... Private; State; Ease- 85 (136.8) None ...... Unit 10: TR3 ments. Unit 13. TR4—Lower Tar River ...... Private; State; Ease- 30 (48.3) None ...... Unit 11: TR4 ments. Unit 14. NR1—Upper Neuse River Subbasin ...... Private; Federal; State; 60 (95) None ...... Unit 12: NR1 Easements. Unit 15. NR2—Middle Neuse River Subbasin ...... Private; State; County; 61 (98.2) None ...... Unit 13: NR2 Easements. Unit 16. CF1—New Hope Creek ...... Private; Easements ...... 4 (6.4) ¥2 mi (3.3 km) ...... Unit 14: CF1 Unit 17. CF2—Deep River Subbasin ...... Private ...... 10 (16.1) None ...... Unit 15: CF2 Unit 18. YR1– Little River Subbasin ...... Private; Easements ...... 40 (64.4) None ...... Unit 16: YR1

Total ...... 566 (910) +24 mi (38 km). Note: Distances may not sum due to rounding.

The revised proposed critical habitat The proposed designated area begins of the Nottoway River and a portion of designation is defined by the map or just upstream of the Seaboard Railroad Sturgeon Creek in Nottoway, maps, as modified by any accompanying crossing and ends just downstream of Lunenburg, Brunswick, Dinwiddie, regulatory text, presented at the end of the Shippings Road (SR 709) crossing. Greensville, and Sussex Counties, this document under Proposed The riparian areas on either side of the Virginia. The proposed designation Regulation Promulgation. For units river are privately owned. The unit begins downstream of the Nottoway where there is no change from the currently supports all breeding, feeding, River’s confluence with Dickerson Creek October 11, 2018, proposed rule, please and sheltering needs for the species. and ends at Little Mill Road, and refer to information at http:// Special management considerations includes Sturgeon Creek downstream of www.regulations.gov under Docket No. or protection may be required to address Old Stage Road. We propose to revise FWS–R4–ES–2018–0046. We include excess sediment and pollutants that this unit to add 3.5 river miles (5.6 km) more detailed information on the enter the creek and serve as indicators of Sturgeon Creek based on a 2015 boundaries of the revised proposed of other forms of pollution such as observation of Atlantic pigtoe not critical habitat designation in the bacteria and toxins, reducing water included in the October 11, 2018, discussion of new and revised proposed quality for the species. Sources of these proposed rule, and 10.3 river miles (16.6 individual units below. types of pollution are likely agricultural km) of Nottoway River based on and silvicultural runoff. accidental omission of data in that Unit 4: CR1—Sappony Creek proposed rule. Land bordering the river This is a new unit. Unit 4 consists of Unit 5: CR2—Nottoway River Subbasin is primarily privately owned, except for 4 river miles (6.6 river km) of Sappony Revised Unit 5 (previously Unit 4) some land (14 miles) that is part of the Creek in Dinwiddie County, Virginia. consists of 64 river miles (103 river km) Fort Pickett National Guard Installation

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and therefore is owned by the United Grassy Creek in Granville County, North discharged into the waters, causing too States. The unit currently supports all Carolina. The proposed designated area much growth of microscopic or breeding, feeding, and sheltering needs begins at the Davis Chapel Road macroscopic vegetation and leading to of the species. crossing and ends at the confluence extremely low levels of dissolved Special management considerations with Grassy Creek. The riparian areas on oxygen. As a result, there are six or protection may be required within either side of the river are privately ‘‘impaired’’ stream reaches (as identified this unit to address a variety of threats. owned. The unit currently supports all on the State’s Clean Water Act section In the past decade, the Nottoway River breeding, feeding, and sheltering needs 303d list) totaling approximately 32 suffered from several seasonal drought for the species. miles in the unit. Expansion or addition events, which not only caused very low Special management considerations of new wastewater discharges are also a dissolved oxygen conditions but also or protection may be required to address threat to habitat in this unit. Special decreased food delivery because of excess sediment and pollutants that management focused on agricultural minimal flows. In addition, these enter the creek and serve as indicators BMPs, implementing highest levels of conditions led to increased predation of other forms of pollution such as treatment of wastewater practicable, rates on potential host fishes that were bacteria and toxins, reducing water maintenance of forested buffers, and concentrated into low-flow refugia (e.g., quality for the species. Sources of these connection of protected riparian pools). Urban stormwater and nonpoint types of pollution are likely agricultural corridors will benefit habitat for the source pollution have been identified as and silvicultural runoff. species in this unit. contributing to water quality issues in Unit 10: TR1—Upper/Middle Tar River this unit; therefore, special management Unit 11: TR2—Sandy/Swift Creek Subbasin considerations for riparian buffer This revised unit (previously Unit 9) restoration, reduced surface and This revised unit (previously Unit 8) consists of a 50-mile (80.5-km) segment groundwater withdrawals, and consists of 91 miles (146.5 km) of the of Sandy/Swift Creek beginning at stormwater retrofits will benefit the mainstem of the upper and middle Tar Southerland Mill Road downstream to habitat in this unit. Additional threats to River as well as several tributaries (Bear NC 301 in Granville, Vance, Franklin, this system include oil and gas pipeline Swamp Creek, Fox Creek, Crooked and Nash Counties, North Carolina. We projects that propose to cross streams at Creek, Cub Creek, and Shelton Creek), propose to revise this unit to remove 8 locations where the species occurs. in Granville, Vance, Franklin, and Nash miles (12.9 km) from the upstream limit Additional special management Counties, North Carolina. The portion of of Sandy Creek based on Natural considerations or protection may be Cub Creek starts near Hobgood Road Heritage Element Occurrence data in required within this unit to address low and continues to the confluence with response to comments from the water levels as a result of water the Tar River; the Tar River portion NCWRC. Land bordering the river and withdrawals and drought, as well as starts just upstream of the NC 158 bridge creeks is mostly (50 mi (80 km)) recommendation of alternate routes for and goes downstream to the NC 581 privately owned, with some areas (8 mi oil and gas pipelines, or directional bore crossing; the Shelton Creek portion (13 km)) covered by protective for those projects. starts upstream of NC 158 downstream easements held by a local land trust and to the confluence with the Tar River; the the North Carolina Division of Unit 7: RR1—Dan River Bear Swamp Creek portion begins Mitigation Services. The unit currently Revised Unit 7 (previously Unit 6) upstream of Dyking Road downstream supports all breeding, feeding, and consists of 14 river miles (22.5 river km) to the confluence with the Tar River sheltering needs for the species. of the Dan River along the border of (and includes an unnamed tributary Special management considerations Virginia and North Carolina from NC upstream of Beasley Road); the Fox or protection may be required within Highway 700 near Eden, North Carolina, Creek portion begins downstream of NC this unit to address a variety of threats. into Pittsylvania County, Virginia, and 561 to the confluence with the Tar Excessive amounts of nitrogen and downstream to the confluence with River; and the Crooked Creek portion phosphorus run off the land or are Williamson Creek in Rockingham begins upstream of NC 98 crossing discharged into the waters, causing County, North Carolina. We propose to downstream to confluence with Tar excessive growth of microscopic or revise this unit to add 7 miles (11.3 km) River. We propose revisions to remove macroscopic vegetation and leading to in Rockingham County, North Carolina, two portions from this unit (3.4 miles extremely low levels of dissolved based on a 2017 observation of Atlantic (5.5 km) from unnamed tributary to Bear oxygen; there is one ‘‘impaired’’ stream pigtoe. The land on either side of the Swamp Creek and 0.35 miles (0.6 km) reach totaling approximately 5 miles (8 proposed critical habitat unit is from unnamed tributary to Cub Creek) km) in this unit. Special management privately owned. The unit currently based on Natural Heritage Element focused on agricultural BMPs, supports all breeding, feeding, and Occurrence data, and to add 10 miles maintenance of forested buffers, and sheltering needs for the species. (16.1 km) to the Tar River in Nash connection of protected riparian Special management considerations County, North Carolina, based on a 2016 corridors will benefit habitat for the or protection may be required within observation of Atlantic pigtoe. Land species in this unit. this unit to address threats. For bordering the river and creeks is mostly example, a Duke Energy coal ash spill (79 mi (119 km)) privately owned, References Cited occurred upstream of this unit in except for some areas (12 mi (17 km)) A complete list of references cited in February 2014; subsequent actions in public ownership or easements. The this document is available on the related to mitigating the effects of the unit currently supports all breeding, internet at http://www.regulations.gov spill will ultimately benefit the habitat feeding, and sheltering needs for the and upon request from the Raleigh in this unit, potentially allowing species species. Ecological Services Field Office (see FOR restoration efforts. Special management considerations FURTHER INFORMATION CONTACT). or protection may be required within Unit 9: RR3—Little Grassy Creek this unit to address a variety of threats. Authors This is a new unit. Unit 9 consists of Excessive amounts of nitrogen and The primary authors of this document 3 river miles (4.8 river km) of Little phosphorus run off the land or are are the staff members of the U.S. Fish

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and Wildlife Service Species (ii) Take as set forth at § 17.21(c)(3) rooted tree species layered between Assessment Team and Raleigh and (c)(4) for endangered wildlife. successive lifts of soil fill). Native Ecological Services Field Office. (iii) Take as set forth at § 17.31(b). vegetation includes woody species (iv) Possess and engage in other acts, appropriate for the region and habitat List of Subjects in 50 CFR Part 17 as set forth at § 17.21(d)(2) for conditions. These methods must not Endangered and threatened species, endangered wildlife. include the sole use of quarried rock Exports, Imports, Reporting and (v) Take incidental to the following (rip-rap) or the use of rock baskets or recordkeeping requirements, activities: gabion structures. (A) Species restoration efforts by State Transportation. (D) Silviculture practices and forest wildlife agencies, including collection Proposed Regulation Promulgation of broodstock, tissue collection for management activities that implement genetic analysis, captive propagation, State-approved best management Accordingly, we propose to further practices for sensitive areas, including a amend part 17, subchapter B of chapter and subsequent stocking into currently occupied and unoccupied areas within two-zoned streamside management zone I, title 50 of the Code of Federal (SMZ) (Zone 1 width is a 50-foot Regulations, as proposed to be amended the historical range of the species. (B) Channel restoration projects that minimum with no harvest allowed; at 83 FR 51570 (October 11, 2018) as set Zone 2 width is variable depending on forth below: create natural, physically stable, ecologically functioning streams (or slope and includes selective harvest) PART 17—ENDANGERED AND stream and wetland systems) that are established and maintained along each THREATENED WILDLIFE AND PLANTS reconnected with their groundwater side of the margins of intermittent aquifers. These projects can be streams, perennial streams, and ■ 1. The authority citation for part 17 accomplished using a variety of perennial waterbodies. The SMZ is continues to read as follows: methods, but the desired outcome is a measured from the top of the stream natural channel with low shear stress bank, and will confine visible sediment Authority: 16 U.S.C. 1361–1407; 1531– resulting from accelerated erosion. 1544; and 4201–4245, unless otherwise (force of water moving against the noted. channel); bank heights that enable Access roads and skid trails that cross reconnection to the floodplain; a an intermittent stream, a perennial ■ 2. Add § 17.45 to read as set forth reconnection of surface and stream, or a perennial waterbody must below: groundwater systems, resulting in be installed using properly designed § 17.45 Special rules—snails and clams. perennial flows in the channel; riffles and constructed structures installed at and pools comprised of existing soil, right angles to the stream, must not (a) Atlantic pigtoe (Fusconaia rock, and wood instead of large impede fish passage or stream flow, and masoni). imported materials; low compaction of must minimize the amount of visible (1) Prohibitions. Except as noted in soils within adjacent riparian areas; and sediment that enters that stream or paragraph (a)(2) of this section and inclusion of riparian wetlands. Prior to waterbody. The number of crossings § 17.4, it is unlawful for any person restoration action, surveys to determine must be minimized, stable sites for subject to the jurisdiction of the United presence of Atlantic pigtoe must be crossings must be chosen, and access States to commit, to attempt to commit, performed, and if located, mussels must roads and skid trails must be located to solicit another to commit, or cause to be relocated prior to project outside of SMZs unless no other be committed, any of the following acts implementation. alternative exists. in regard to this species: (C) Bank stabilization projects that use (b) [Reserved] (i) Import or export, as set forth at bioengineering methods to replace pre- ■ § 17.21(b) for endangered wildlife. 3. Amend § 17.95(f), the entry existing, bare, eroding stream banks proposed at 83 FR 51570 for ‘‘Atlantic (ii) Take, as set forth at § 17.21(c)(1) with vegetated, stable stream banks, for endangered wildlife. Pigtoe (Fusconaia masoni)’’, by revising thereby reducing bank erosion and paragraphs (5) through (21) and by (iii) Possession and other acts with instream sedimentation and improving unlawfully taken specimens, as set forth adding paragraphs (22) and (23), to read habitat conditions for the species. as follows: at § 17.21(d)(1) for endangered wildlife. Following these bioengineering (iv) Interstate or foreign commerce in methods, stream banks may be § 17.95 Critical habitat—fish and wildlife. the course of commercial activity, as set stabilized using native species live * * * * * forth at § 17.21(e) for endangered stakes (live, vegetative cuttings inserted (f) Clams and Snails. wildlife. or tamped into the ground in a manner (v) Sale or offer for sale, as set forth that allows the stake to take root and * * * * * at § 17.21(f) for endangered wildlife. grow), native species live fascines (live Atlantic Pigtoe (Fusconaia masoni) (2) Exceptions from prohibitions. In branch cuttings, usually willows, bound * * * * * regard to this species, you may: together into long, cigar shaped (i) Conduct activities as authorized by bundles), or native species brush (5) Note: Index map follows: a permit under § 17.32. layering (cuttings or branches of easily BILLING CODE 4333–15–P

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Index Map ofCritical HabitatUnitsforAtlanticPtgtoe

0 ~.. C/ibl.Habitat Vllaterslled Boi.iiii:lllriea state Bi>ijru:lariea () Q County Boulldaiiea,

(6) Unit 1: JR1—Craig Creek, Craig near VA Route 616 west of New Castle (ii) Map of Unit 1 (Craig Creek) and Botetourt Counties, Virginia. downstream to just below VA Route 817 follows: (i) This unit consists of 29 river miles crossing. (46.7 river kilometers) of Craig Creek

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Map of UniM -.JR1 Craig Creek Critical Habitat Unit for Atlantic Pigtoe

0 _,_--, ___ , rvtaj1>r~rs _""-,;, Crftcar Habitat

0 F.~Z;,;J City Si)uiidlirie& Caµnty B

(7) Unit 2: JR2—Mill Creek, Bath (i) This unit consists of a 1-mile (1.6- (ii) Map of Unit 2 (Mill Creek) County, Virginia. kilometer) segment of Mill Creek at the follows: VA 39 (Mountain Valley Road) crossing.

Map of Unit 2 - JR2 - Mill Creek Cn"tical HabitatUnitJor Atlantic Pigtoe

0 11 Mites ~ Cmical Habitat ----, __, Major Rivers. City Boundaries 0 4.25 a.5. f7 Kilome\'1rs County Boundaries

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(8) Unit 3: JR3—Middle James River, River downstream of its confluence with (ii) Map of Unit 3 (Middle James Fluvanna and Buckingham Counties, the Slate River, under the crossing of River) follows: Virginia. VA Hwy 15 (James Madison Highway) (i) This unit consists of a 3-mile (4.8- along the boundary of Fluvanna and kilometer) segment of the Middle James Buckingham Counties, Virginia.

M1tp of U11it 3 ~ JR3 ~ Mi

0 ~ ~IJlabllat .~, ~., MajorRille!I>

0 Clti .Boi:irid;itifit Co!Jll!y Eloundarlel; e

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(9) Unit 4: CR1—Sappony Creek, in Dinwiddie County, Virginia. The just downstream of the Shippings Road Dinwiddie County, Virginia. designated area begins just upstream of (SR 709) crossing. (i) This unit consists of 4 river miles the Seaboard Railroad crossing and ends (ii) Map of Unit 4 (Sappony Creek) (6.6 river kilometers) of Sappony Creek follows:

Map of Unit 4 - CR1 - Sappony Creek Critical Habitat Unit for Atlantic Pigtoe

Oinwlddle. C,,,UII\V; Y,A

0 ·"""-· Crilica,i Habitat •. ,,.-,·~" Maier ru.11ts Cify. 8oundariiia 0 2 4Ki1om

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(10) Unit 5: CR2—Nottoway River (i) This unit consists of 64 river miles Dickerson Creek and ends at Little Mill Subbasin, Nottoway, Lunenburg, (103 river kilometers) of the Nottoway Road, and includes Sturgeon Creek Brunswick, Dinwiddie, Greensville, and River, and a portion of Sturgeon Creek. downstream of Old Stage Road. Sussex Counties, Virginia. The designation begins downstream of (ii) Map of Unit 5 (Nottoway River the Nottoway River’s confluence with Subbasin) follows:

Map of Unit 5 ., CR2 - Nottaway River Subbasin Critical Habitat Unit for Atlantic Pigtoe

0 10 20 Miles ~ Critleal Habitat ffi ft Pickett DOD Exempt Area I I I I I 0 5 10 20 Kllometers .. ~ '·-·' Major Rivers ~ City Boundaries County Boundaries·

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(11) Unit 6: CR3—Meherrin River, approximately 1.5 river miles below the (ii) Map of Unit 6 (Meherrin River) Brunswick County, Virginia. confluence with Saddletree Creek under follows: (i) This unit consists of 5 miles (8 VA Hwy 46 (Christana Highway) to VA kilometers) of the Meherrin River from 715 (Iron Bridge Road).

Map of Unit:8 - CR4 - Meherrin River Critical Habitat Unit for Atlantic Pigtoe

() ""'- Critical Habitat ''"'\,s,, MajarRl\iets

0 7 ~ilom11le!$ Clfy Botittdaniit County Sou~artes

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(12) Unit 7: RR1—Dan River, along the border of Virginia and North the confluence with Williamson Creek Pittsylvania County, Virginia, and Carolina from NC Highway 700 near in Rockingham County, North Carolina. Rockingham County, North Carolina. Eden, North Carolina, into Pittsylvania (ii) Map of Unit 7 (Dan River) follows: (i) This unit consists of 14 river miles County, Virginia, and downstream to (22.5 river kilometers) of the Dan River

Map of Unit- 7 RR1 - Dan River Critical Habitat.Unit for Atlantic Pigtoe

0 ~.¢riliealHabltat "\.• ,, MajorRwelli

0 1 Ci(y Eli>liriil\lries Collrity Sotmdarl$s

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(13) Unit 8: RR2—Aarons Creek, (i) This unit consists of 12 miles (19.3 Road) along the Mecklenburg County- Granville County, North Carolina, and kilometers) of Aarons Creek, from NC 96 Halifax County line in Virginia. Mecklenburg and Halifax Counties, in Granville County, North Carolina, (ii) Map of Unit 8 (Aarons Creek) Virginia. downstream across the North Carolina- follows: Virginia border to VA 602 (White House

Map of Unit 8 - RR2 - Aarons Creek Critical Habitat Unit for Atlantic Pigtoe

Mecklenburg County, VA

P,,rso?· County, NC Granville County, NC ,,,.-/' ; ,./

1.25 2.5 5Mile• ~ Critical Habitat -·'-·-·· Major Rivers ~ City Boundaries 8 KIiometers · County Boundaries

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(14) Unit 9: RR3—Little Grassy Creek, Creek in Granville County, North ends at the confluence with Grassy Granville County, North Carolina. Carolina. The designated area begins at Creek. (i) This unit consists of 3 river miles the Davis Chapel Road crossing and (ii) Map of Unit 9 (Little Grassy Creek) (4.8 river kilometers) of Little Grassy follows:

.Map of Unit 9 - R.R3 - Little Grassy Creek Critical HabitatUnitfor Atlantic Pigtoe

Qran•lli..eoun~. NC

j r' / \ I i I: ' 'I ,>:_/ "\.

() "°'-· ¢!itii;at Hii bilat .. ~ ·,._., MajotRiiier& ¢ity !'loundiirieii Q 1.5 li K11omeie111 Cour!ty Elounda!iils

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(15) Unit 10: TR1—Upper/Middle Tar starts near Hobgood Road and continues tributary upstream of Beasley Road); the River Subbasin, Granville, Vance, to the confluence with the Tar River; the Fox Creek portion begins downstream of Franklin, and Nash Counties, North Tar River portion starts just upstream of NC 561 to the confluence with the Tar Carolina. the NC 158 bridge and goes downstream River; and the Crooked Creek portion (i) This unit consists of 91 miles to the NC 581 crossing; the Shelton begins upstream of NC 98 crossing (146.5 kilometers) of the mainstem of Creek portion starts upstream of NC 158 downstream to confluence with Tar the upper and middle Tar River as well downstream to the confluence with the River. as several tributaries (Bear Swamp Tar River; the Bear Swamp Creek Creek, Fox Creek, Crooked Creek, Cub portion begins upstream of Dyking Road (ii) Map of Unit 10 (Upper/Middle Tar Creek, and Shelton Creek), all in North downstream to the confluence with the River Subbasin) follows: Carolina. The portion of Cub Creek Tar River (and includes an unnamed

Map of Unit 10 • TR1 • Upper/Middle Tar River Subbasin Critical Habitat Unit for Atlantic Pigtoe

,' J '\.,.'

r1r~{--7.ebu!n{ ~C '.1 '\.')

5 10 20Mlles ~ Critical Habitat ----, .. _ • Major Rivers

City Boundaries 10 20 40 KIiometers ~ I County Boundaries

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(16) Unit 11: TR2—Sandy/Swift (i) This unit consists of a 50-mile county line downstream to NC 301 in Creek, Warren, Franklin, and Nash (80.5-kilometer) segment of Sandy/Swift Franklin County. Counties, North Carolina. Creek beginning at Vance/Warren (ii) Map of Unit 11 (Sandy/Swift Creek) follows:

Map of Unit 11 - TR2- Sandy/SwiftCreek Critical Habitat Unit.for Atlantic Pigtoe

() $ 10 2QMila ~cri!icaLHabttat .l f l l ·"''·"'··' MlijqtR!vers

0 25 City $ourular~ C)c,urity lliou~aiies

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(17) Unit 12: TR3—Fishing Creek portion begins downstream of the NC 58 Little Fishing Creek begins upstream of Subbasin, Warren, Halifax, Franklin, bridge and continues to the confluence Briston Brown Road (SR 1532) and Nash Counties, North Carolina. with Fishing Creek; the entirety of downstream to the confluence with (i) This unit consists of 85 miles Maple Branch is included, down to the Fishing Creek. (136.8 kilometers) in Fishing Creek, confluence with Fishing Creek; Fishing (ii) Map of Unit 12 (Fishing Creek Little Fishing Creek, Shocco Creek, and Creek begins at Axtell Ridgeway Road Subbasin) follows: Maple Branch. The Shocco Creek (SR 1112) downstream to I–95; and

Map of Unit 1.2 - TR3 - fishing Creek. Subbasin Critical Habitat Unit for Atlantic Pigtoe

j \, i \. '· ·'I '\ .\\'\,. F,rj/i,lif, NC ~....,...... _~""""-'-·'>~·''\:1~"'''

0 ll fl"\,,,, Ctltit:alHabllat •·--.,,_, Major Rilil1111

(l 5 Hi. Otty &ounliatM C:ounty• Boundaries.

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(18) Unit 13: TR4—Lower Tar River, lower Swift Creek, and Fishing Creek in (ii) Map of Unit 13 (Lower Tar River) Edgecombe and Pitt Counties, North Edgecombe County, North Carolina, follows: Carolina. from NC 97 near Leggett, North (i) This unit consists of 30 miles (48.3 Carolina, to the Edgecombe-Pitt County kilometers) of the Lower Tar River, line near NC 33.

Map of Unit 13 - TR4 - Lower Tar River Critical Habitat. Unit for Atlantic Pigtoe

0 ~ !,iltica!Hab~t .c-·,- "'' Majbt f!ivel'S

(i City. l:loundamili county aouooarles e

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(19) Unit 14: NR1—Upper Neuse Coleman Road, the North Flat River near Carolina, including the West Fork Eno River Subbasin, Person, Durham, and Parsonage Road, and Deep Creek near River upstream of Cedar Grove Road to Orange Counties, North Carolina. Helena-Moriah Road downstream where the confluence with McGowan Creek. (i) This unit consists of 60 river miles each river converges into the Flat River The Eno River reach consists of 18 river (95 river kilometers) in four reaches downstream of State Forest Road. The miles (29 river kilometers) in Orange including Flat River, Little River, Eno Little River Subbasin includes 18 river and Durham Counties, North Carolina, River, and the Upper Eno River. The miles (29 river kilometers) of the North from below Eno Mountain Road to NC Flat River reach consists of 19 river Fork and South Fork Little Rivers in 15–501. miles (30.6 river kilometers) in the Flat Orange and Durham Counties, North River Subbasin in Person and Durham Carolina. The Upper Eno River reach (ii) Map of Unit 14 (Upper Neuse Counties, North Carolina, including the consists of 4 river miles (6.4 river River Subbasin) follows: South Flat River downstream of Dick kilometers) in Orange County, North

Map ofUrUt 14 - NRt -Upper Neuse River Subbasin Critical Habitat UnitforAtlanticPigtoe

0 ·~. Ciiti~I.Habital r,.~., Major RM,rs

0 8;!i City• Soundarl&i Courity Elt>undarles;

(20) Unit 15: NR2—Middle Neuse Crantock Road, and the Swift Creek river miles (17.7 river kilometers) from River Subbasin, Wake, Johnston, and reach is 25 river miles (40.2 river Atkinsons Mill downstream to NC 301 Wilson Counties, North Carolina. kilometers) from Lake Benson in Johnston County, North Carolina. The (i) This unit consists of 61 river miles downstream to confluence with the Contentnea Creek reach consists of 2 (98.2 river kilometers) in five reaches Neuse, both in Wake and Johnston river miles (3.2 river kilometers) below including Swift Creek, Middle Creek, Counties. The Upper Little River reach Buckhorn Reservoir to just below Sadie Upper Little River, Middle Little River, includes 4 miles (6.4 kilometers) of the Road near NC 581 in Wilson County, and Contentnea Creek, all in North Upper Little River from the confluence North Carolina. Carolina. The Middle Creek reach is 19 with Perry Creek to Fowler Road in river miles (30.6 river kilometers) below Wake County, North Carolina. The (ii) Map of Unit 15 (Middle Neuse Old Stage Road downstream to below Middle Little River reach includes 11 River Subbasin) follows:

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Map of Unit 15 - NR2 - Middle Neuse River Subbasln Critical Habitat Unit for Atlantic Pigtoe

t t ~~ \i __ _jri. l --- ·,~ ) ,,.--"' 1 ecmtentnea 'i?c__ Ci'oak \ ~~~.;~ -

0 4i.5 9 ~ Critical Habitat ----, __ , Major Rivers

City Boundaries 0 $ 10 20Kllome!en. : County So\lndarias

(21) Unit 16: CF1—New Hope Creek, (i) This unit consists of 4 mi (6.4 km) (ii) Map of Unit 16 (New Hope Creek) Orange County, North Carolina. of habitat in the New Hope Creek from follows: NC 86 to Mimosa Road.

Map of Unit 16 - .CF1 - New Hope CreekCriticaLHabitat Unit for Atlantic Pigtoe

-~-1::rHlcaf Hab.~t ;~,_, -~-- MaJor.·.Riliers City B\)Uridanes 0 1 C:ounty Bo11!)darill$

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(22) Unit 17: CF2—Deep River kilometers), including the mainstem Brush Creek Road to the confluence Subbasin, Randolph County, North between Richland and Brush Creeks as with the Deep River. Carolina. well as Richland Creek from Little (ii) Map of Unit 17 (Deep River (i) The Deep River Subbasin unit Beane Store Road to the confluence with Subbasin) follows: consists of 10 river miles (16.1 river the Deep River and Brush Creek from

Map of Unit 1.7 - •CF2 -Deep River. Subbasin CriticatHabitat UniUor.Attantic,Pigtoe

0 ~Clilllcli:i Habiiat i '""':>"·' MiijOtftilieni Q ·~ CiljtBoundafi# c'Oi.lnty~mi~

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(23) Unit 18: YR1—Little River (i) This unit consists of 40 miles (64.4 from NC 134 to the confluence with the Subbasin, Randolph and Montgomery kilometers) of Little River from SR 1114 Little River. Counties, North Carolina. downstream to Okeewemee Star Road, (ii) Map of Unit 18 (Little River including the West Fork Little River Subbasin) follows:

Map of Unit 18 -YR1 -Little River Subbasin Critical Habitat Unit for Atlantic PigtQe

~.¢rltlcall-labltal '"°"\.~., Miij(!IRiven. I ( I Cify Boiiridaiie& () 5 10 20J

* * * * * Aurelia Skipwith, Director, U.S. Fish and Wildlife Service. [FR Doc. 2020–19095 Filed 9–21–20; 8:45 am] BILLING CODE 4333–15–C

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Notices Federal Register Vol. 85, No. 184

Tuesday, September 22, 2020

This section of the FEDERAL REGISTER persons are not required to respond to DEPARTMENT OF AGRICULTURE contains documents other than rules or the collection of information unless it proposed rules that are applicable to the displays a currently valid OMB control Submission for OMB Review; public. Notices of hearings and investigations, number. Comment Request committee meetings, agency decisions and rulings, delegations of authority, filing of Agricultural Marketing Service September 17, 2020. petitions and applications and agency The Department of Agriculture has statements of organization and functions are Title: Laboratory Approval Programs. submitted the following information examples of documents appearing in this OMB Control Number: 0581–0251. collection requirement(s) to OMB for section. review and clearance under the Summary of Collection: The Paperwork Reduction Act of 1995, Agricultural Marketing Act (AMA) of Public Law 104–13. Comments are DEPARTMENT OF AGRICULTURE 1946, as amended, provides analytical requested regarding: Whether the testing services that facilitate marketing Submission for OMB Review; collection of information is necessary and allow products to obtain grade Comment Request for the proper performance of the designations or meet marketing or functions of the agency, including September 17, 2020. quality standards. Pursuant to this whether the information will have The Department of Agriculture will authority, AMS develops and maintains practical utility; the accuracy of the submit the following information laboratory certification verification and agency’s estimate of burden including collection requirement(s) to OMB for approval programs as needed by the the validity of the methodology and review and clearance under the agricultural industry, to support assumptions used; ways to enhance the Paperwork Reduction Act of 1995, domestic and international marketing of quality, utility and clarity of the Public Law 104–13 on or after the date U.S. products. To ensure that a information to be collected; and ways to of publication of this notice. Comments laboratory is capable of accurately minimize the burden of the collection of are requested regarding: whether the performing the specified analyses, it information on those who are to collection of information is necessary must adhere to certain good laboratory respond, including through the use of for the proper performance of the practice and show technical proficiency appropriate automated, electronic, functions of the agency, including in the required areas. mechanical, or other technological whether the information will have collection techniques or other forms of practical utility; the accuracy of the Need and Use of the Information: information technology. agency’s estimate of burden including Checklist and forms have been Comments regarding this information the validity of the methodology and developed that ask the laboratory for collection received by October 22, 2020 assumptions used; ways to enhance the information concerning procedures, the will be considered. Written comments quality, utility and clarity of the physical facility, employees, and their and recommendations for the proposed information to be collected; and ways to training. The laboratory must also information collection should be minimize the burden of the collection of provide Standard Operating Procedures submitted within 30 days of the information on those who are to for the analyses and quality assurance. publication of this notice on the respond, including through the use of The laboratory certification and following website www.reginfo.gov/ appropriate automated, electronic, approval programs are voluntary, fee for public/do/PRAMain. Find this mechanical, or other technological service, and for admission into one of particular information collection by collection techniques or other forms of these programs a laboratory must have selecting ‘‘Currently under 30-day information technology Comments a client who requires the specific Review—Open for Public Comments’’ or regarding these information collections testing. It is necessary to collect and by using the search function. are best assured of having their full require the laboratory to attest to the An agency may not conduct or effect if received by October 22, 2020. performance elements necessary to sponsor a collection of information Written comments and determine the credibility of the unless the collection of information recommendations for the proposed laboratory. To do less would be a displays a currently valid OMB control information collection should be number and the agency informs submitted within 30 days of the disservice to the agricultural community. potential persons who are to respond to publication of this notice on the the collection of information that such following website www.reginfo.gov/ Description of Respondents: Business persons are not required to respond to public/do/PRAMain. Find this or other for-profit; Farms. the collection of information unless it particular information collection by Number of Respondents: 60. displays a currently valid OMB control selecting ‘‘Currently under 30-day number. Review—Open for Public Comments’’ or Frequency of Responses: Reporting: by using the search function On occasion. Rural Business-Cooperative Service An agency may not conduct or Total Burden Hours: 1,204. Title: Voluntary Labeling Program for sponsor a collection of information Biobased Products. unless the collection of information Ruth Brown, OMB Control Number: 0570–0071. displays a currently valid OMB control Departmental Information Collection Summary of Collection: Section number and the agency informs Clearance Officer. 9002(h) of the Farm Security and Rural potential persons who are to respond to [FR Doc. 2020–20901 Filed 9–21–20; 8:45 am] Investment Act (FSRIA) of 2002, as the collection of information that such BILLING CODE 3410–02–P amended by the Food, Conservation,

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and Energy Act (FCEA) of 2008 and the DEPARTMENT OF AGRICULTURE statistics, environmental statistics Agricultural Act of 2014, and the related to agriculture and also to Agricultural Improvement Act of 2018, National Agricultural Statistics Service conduct the Census of Agriculture. requires the Secretary of Agriculture to The Water Use survey program will implement a voluntary labeling program Notice of Intent To Request Revision collect information on water usage for that would enable qualifying biobased and Extension of a Currently Approved North Carolina agricultural operations products to be certified with a ‘‘USDA Information Collection that likely use between 10,000 and Certified Biobased Product’’ label. The AGENCY: National Agricultural Statistics 1,000,000 gallons per day. Agricultural voluntary labeling program is one of the Service, Agriculture (USDA). operations who use over 1,000,000 gallons in any one day are required to two main initiatives of the BioPreferred ACTION: Notice and request for report their water usage directly to Program, which is currently comments. implemented by USDA’s Rural North Carolina Department of Business-Cooperative Service (RBCS). SUMMARY: In accordance with the Environmental Quality (NCDEQ) and The voluntary labeling program is Paperwork Reduction Act of 1995 this are not included in this survey. The required to be consistent, where notice announces the intention of the program will help the North Carolina possible, with the guidelines National Agricultural Statistics Service Department of Agriculture and implementing the preferred (NASS) to seek approval to conduct a Consumer Services (NCDACS) and procurement of biobased products by new information collection to gather NCDEQ fulfill the requirements of North Federal agencies, which is the second data related to water usage for North Carolina state legislation enacted in main initiative of the BioPreferred Carolina agricultural operations that 2008 (SL2008–0143). All questionnaires Program. The procurement initiative is likely use between 10,000 and 1,000,000 included in this information collection also authorized under section 9002 of gallons per day. will be voluntary. This project is conducted as a cooperative effort with FSRIA and referred to hereafter as the DATES: Comments on this notice must be the North Carolina Department of Federal preferred procurement program. received by November 23, 2020 to be Agriculture and Consumer Services. Under the preferred procurement assured of consideration. program, Federal agencies are required Funding for this survey is being ADDRESSES: You may submit comments, provided by NCDACS. to purchase with certain exceptions, identified by docket number 0535–0262, biobased products that are identified, by Authority: These data will be by any of the following methods: collected under authority of 7 U.S.C. rulemaking, for preferred procurement. • Email: [email protected]. 2204(a). Individually identifiable data Need and Use of the Information: Include docket number above in the collected under this authority are Under the voluntary labeling program, subject line of the message. governed by Section 1770 of the Food manufacturers and vendors must • E-fax: (855) 838–6382. • Security Act of 1985 as amended, 7 complete an application for each stand- Mail: Mail any paper, disk, or CD– U.S.C. 2276, which requires USDA to alone biobased product or biobased ROM submissions to: David Hancock, afford strict confidentiality to non- product family for which they wish to NASS Clearance Officer, U.S. aggregated data provided by use the label. The application process is Department of Agriculture, Room 5336 respondents. This Notice is submitted in electronic and is accessible through the South Building, 1400 Independence accordance with the Paperwork BioPreferred Program website. In Avenue SW, Washington, DC 20250– Reduction Act of 1995 (Pub. L. 104–113, addition, manufacturers and vendors 2024. • 44 U.S.C. 3501, et seq.) and Office of whose applications have been Hand Delivery/Courier: Hand Management and Budget regulations at conditionally approved must provide deliver to: David Hancock, NASS 5 CFR part 1320. certain information for RBCS to post on Clearance Officer, U.S. Department of NASS also complies with OMB the BioPreferred Program website. For Agriculture, Room 5336 South Building, Implementation Guidance, each product approved by the Agency 1400 Independence Avenue SW, ‘‘Implementation Guidance for Title V for use of the label, the manufacturer or Washington, DC 20250–2024. of the E-Government Act, Confidential vendor must keep that information for FOR FURTHER INFORMATION CONTACT: Information Protection and Statistical each certified product up to date. The Kevin Barnes, Associate Administrator, Efficiency Act of 2002 (CIPSEA),’’ information requested for inclusion in National Agricultural Statistics Service, Federal Register, Vol. 72, No. 115, June the application are: (1) Contact U.S. Department of Agriculture, 15, 2007, p. 33362. information (of the manufacturer or (202)720–4333. Copies of this Estimate of Burden: Public reporting vendor and preparer of application) and information collection and related burden for this information collection is (2) product identification information, instructions can be obtained without based on similar surveys with expected including brand name(s), the applicable charge from David Hancock, NASS— response time of 30 minutes. The designated item category or categories or OMB Clearance Officer, at (202)690– estimated sample size will be equivalent, and the biobased content of 2388 or at [email protected]. approximately 3,300. The frequency of the product. SUPPLEMENTARY INFORMATION: data collection for the different surveys Description of Respondents: Business Title: Water Use Survey. is annual. Estimated number of or other for-profit. OMB Control Number: 0535–0262. responses per respondent is 1. Publicity Number of Respondents: 200. Type of Request: Intent to seek materials and instruction sheets will Frequency of Responses: approval to revise and extend an account for approximately 5 minutes of Recordkeeping; Reporting: Other (once). information collection for a period of additional burden per respondent. Total Burden Hours: 1,800. three years. Respondents who refuse to complete a Abstract: The primary objective of the survey will be allotted 2 minutes of Ruth Brown, National Agricultural Statistics Service burden per attempt to collect the data. Departmental Information Collection (NASS) is to collect, prepare and issue Respondents: North Carolina Clearance Officer. State and national estimates of crop and agricultural operations that likely use [FR Doc. 2020–20898 Filed 9–21–20; 8:45 am] livestock production, prices, and between 10,000 and 1,000,000 gallons BILLING CODE 3410–XY–P disposition; as well as economic annually.

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Estimated Number of Respondents: DATES: The conference call will be held The Committee works in the interest 3,300. Wednesday, October 7, 2020 at 1:00 of the public to ensure socially Estimated Total Annual Burden on p.m.–5:30 p.m. Central Standard Time disadvantaged farmers have equal Respondents: 1,582 hours. (CST). access to USDA programs. The Comments: Comments are invited on: Public Call-in Information: Committee advises the Secretary on the (a) Whether the proposed collection of Conference call-in number: Dial-in 888– implementation of section 2501 of the information is necessary for the proper 251–2949 or 215–861–0694 Participant Food, Agriculture, Conservation, and performance of the functions of the Access Code: 4711144#. Please be Trade Act of 1990; methods of agency, including whether the advised that before placing them into maximizing the participation of information will have practical utility; the conference call, the operator will ask minority farmers and ranchers in U.S. (b) the accuracy of the agency’s estimate callers to provide their names, their Department of Agriculture programs; of the burden of the proposed collection organizational affiliations (if any), and and civil rights activities within the of information including the validity of email addresses (so that callers may be Department, as such activities relate to the methodology and assumptions used; notified of future meetings). Callers can participants in such programs. (c) ways to enhance the quality, utility, expect to incur charges for calls they Dated: September 16, 2020. initiate over wireless lines, and the and clarity of the information to be Cikena Reid, collected; and (d) ways to minimize the USDA will not refund any incurred charges. Callers will incur no charge for USDA Committee Management Officer. burden of the collection of information [FR Doc. 2020–20819 Filed 9–21–20; 8:45 am] on those who are to respond, through calls they initiate over land-line BILLING CODE 3412–88–P the use of appropriate automated, connections to the toll-free conference electronic, mechanical, technological, or call-in number. other forms of information technology Public Comments: Written comments COMMISSION ON CIVIL RIGHTS collection methods. for the Committee’s consideration may All responses to this notice will be submitted to email: [email protected]. Written comments must be received by Notice of Public Meeting of the Arizona become a matter of public record and be Advisory Committee summarized in the request for OMB October 6, 2020. approval. Availability of Materials for the AGENCY: U.S. Commission on Civil Meeting: General information about the Rights. Signed at Washington, DC, September 15, ACMF as well as any updates ACTION: Announcement of meeting. 2020. concerning the meeting announced in Kevin Barnes, this notice, may be found on the ACMF SUMMARY: Notice is hereby given, Associate Administrator. website at https://www.usda.gov/ pursuant to the provisions of the rules [FR Doc. 2020–20814 Filed 9–21–20; 8:45 am] partnerships/advisory-committee-on- and regulations of the U.S. Commission BILLING CODE 3410–20–P minority-farmers. on Civil Rights (Commission) and the Accessibility: USDA is committed to Federal Advisory Committee Act ensuring that all persons are included in (FACA) that a teleconference meeting of DEPARTMENT OF AGRICULTURE our programs and events. If you are a the Arizona Advisory Committee person with a disability and require (Committee) to the Commission will be Office of Partnerships and Public reasonable accommodations to held at 12:00 p.m. (Arizona Time) Engagement participate in this meeting please Tuesday, September 29, 2020. The Advisory Committee on Minority contact Eston Williams at purpose of the meeting is for the Farmers; Meeting [email protected] or (202) 596– Committee to discuss their next project 0226. topic. AGENCY: Office of Partnerships and Individuals who use DATES: The meeting will be held on Public Engagement, USDA. telecommunication devices for the deaf Tuesday, September 29, 2020 at 12:00 (TDD) may call the Federal Information ACTION: Notice of conference call p.m. Arizona Time. Relay Service (FIRS) at 1–800–877–8339 meeting. Public Call Information: between 8:00 a.m. and 8:00 p.m., Dial: 800–367–2403. SUMMARY: Notice is hereby given, Eastern Standard Time, Monday Conference ID: 6120013. pursuant to the provisions of the rules through Friday. FOR FURTHER INFORMATION CONTACT: and regulations of the Department of FOR FURTHER INFORMATION CONTACT: Brooke Peery, Designated Federal Agriculture and the Federal Advisory General information about the Officer, (DFO) at [email protected] or by Committee Act (FACA), that a public committee can also be found at https:// phone at (202) 701–1376. teleconference of the Advisory www.usda.gov/partnerships/advisory- SUPPLEMENTARY INFORMATION: This Committee on Minority Farmers committee-on-minority-farmers. Any meeting is available to the public (ACMF) will be held to discuss USDA member of the public wishing to obtain through the following toll-free call-in outreach, technical assistance, and information concerning this public number: 800–367–2403, conference ID capacity building for and with minority meeting may contact Eston Williams, number: 6120013. Any interested farmers; the implementation of the Designated Federal Officer (DFO), at member of the public may call this Socially Disadvantaged and Veteran [email protected] or at (202) number and listen to the meeting. Farmer and Rancher Grant Program 596–0226. Callers can expect to incur charges for (2501 Program); and methods of SUPPLEMENTARY INFORMATION: calls they initiate over wireless lines, maximizing the participation of Background: The Committee was and the Commission will not refund any minority farmers and ranchers in the established in the U.S. Department of incurred charges. Callers will incur no U.S. Department of Agriculture; and to Agriculture pursuant to section 14008 of charge for calls they initiate over land- plan mechanisms for best providing the Food Conservation and Energy Act line connections to the toll-free advice to the Secretary on the issues of 2008, Public Law 110–246, 122 Stat. telephone number. Persons with hearing outlined above. 1651, 2008 (7 U.S.C. 2279). impairments may also follow the

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proceedings by first calling the Federal Federal Advisory Committee Act Regional Programs Unit at the above Relay Service at 1–800–877–8339 and (FACA) that a teleconference meeting of email or street address. providing the Service with the the Arizona Advisory Committee Agenda conference call number and conference (Committee) to the Commission will be ID number. held at 12:00 p.m. (Arizona Time) I. Welcome & Introductions Members of the public are entitled to Tuesday, October 20, 2020. The purpose II. Approval of Minutes make comments during the open period of the meeting is for the Committee to III. Discuss Project Topic at the end of the meeting. Members of discuss their next project topic. IV. Public Comment V. Adjournment the public may also submit written DATES: The meeting will be held on Dated: September 16, 2020. comments; the comments must be Tuesday, October 20, 2020 at 12:00 p.m. received in the Regional Programs Unit Arizona Time. David Mussatt, within 30 days following the meeting. Public Call Information: Supervisory Chief, Regional Programs Unit. Written comments may be mailed to the Dial: 800–367–2403. [FR Doc. 2020–20821 Filed 9–21–20; 8:45 am] Western Regional Office, U.S. Conference ID: 6120013. BILLING CODE P Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los FOR FURTHER INFORMATION CONTACT: Angeles, CA 90012. Brooke Peery, Designated Federal COMMISSION ON CIVIL RIGHTS Records and documents discussed Officer, (DFO) at [email protected] or by during the meeting will be available for phone at (202) 701–1376. Notice of Public Meeting of the Alaska public viewing prior to and after the SUPPLEMENTARY INFORMATION: This Advisory Committee meetings at https:// meeting is available to the public AGENCY: U.S. Commission on Civil www.facadatabase.gov/FACA/FACA through the following toll-free call-in Rights. PublicViewCommitteeDetails?id= number: 800–367–2403, conference ID ACTION: Announcement of meeting. a10t0000001gzl2AAA. number: 6120013. Any interested Please click on the ‘‘Committee member of the public may call this SUMMARY: Notice is hereby given, Meetings’’ tab. Records generated from number and listen to the meeting. pursuant to the provisions of the rules these meetings may also be inspected Callers can expect to incur charges for and regulations of the U.S. Commission and reproduced at the Regional calls they initiate over wireless lines, on Civil Rights (Commission) and the Programs Unit, as they become and the Commission will not refund any Federal Advisory Committee Act available, both before and after the incurred charges. Callers will incur no (FACA) that a teleconference meeting of meetings. Persons interested in the work charge for calls they initiate over land- the Alaska Advisory Committee of this Committee are directed to the line connections to the toll-free (Committee) to the Commission will be Commission’s website, https:// telephone number. Persons with hearing held at 11:00 a.m. Alaska Time (AKT) www.usccr.gov, or may contact the impairments may also follow the on Monday, September 28, 2020. The Regional Programs Unit at the above proceedings by first calling the Federal purpose of the meeting is to review their email or street address. Relay Service at 1–800–877–8339 and statement on Alaska Native concerns. Agenda providing the Service with the DATES: The meeting will be held on conference call number and conference Monday, September 28, 2020 at 11:00 I. Welcome & Introductions ID number. a.m. AKT. II. Approval of Minutes Members of the public are entitled to Public Call Information: III. Discuss Project Topic make comments during the open period Dial: 800–367–2403. IV. Public Comment Conference ID: 7981070. V. Adjournment at the end of the meeting. Members of FOR FURTHER INFORMATION CONTACT: Ana Exceptional Circumstance: Pursuant the public may also submit written Victoria Fortes (DFO) at afortes@ to 41 CFR 102–3.150, the notice for this comments; the comments must be usccr.gov or by phone at (202) 681– meeting is given less than 15 calendar received in the Regional Programs Unit 0857. days prior to the meeting because of the within 30 days following the meeting. exceptional circumstances of the COVID Written comments may be mailed to the SUPPLEMENTARY INFORMATION: This crisis and DFO availability. Western Regional Office, U.S. meeting is available to the public Commission on Civil Rights, 300 North through the following toll-free call-in Dated: September 16, 2020. Los Angeles Street, Suite 2010, Los number: 800–367–2403, conference ID David Mussatt, Angeles, CA 90012. number: 7981070. Any interested Supervisory Chief, Regional Programs Unit. Records and documents discussed member of the public may call this [FR Doc. 2020–20820 Filed 9–21–20; 8:45 am] during the meeting will be available for number and listen to the meeting. BILLING CODE P public viewing prior to and after the Callers can expect to incur charges for meetings at https:// calls they initiate over wireless lines, www.facadatabase.gov/FACA/ and the Commission will not refund any COMMISSION ON CIVIL RIGHTS FACAPublicViewCommitteeDetails?id= incurred charges. Callers will incur no a10t0000001gzl2AAA. charge for calls they initiate over land- Notice of Public Meeting of the Arizona Please click on the ‘‘Committee line connections to the toll-free Advisory Committee Meetings’’ tab. Records generated from telephone number. Persons with hearing AGENCY: U.S. Commission on Civil these meetings may also be inspected impairments may also follow the Rights. and reproduced at the Regional proceedings by first calling the Federal ACTION: Announcement of meeting. Programs Unit, as they become Relay Service at 1–800–877–8339 and available, both before and after the providing the Service with the SUMMARY: Notice is hereby given, meetings. Persons interested in the work conference call number and conference pursuant to the provisions of the rules of this Committee are directed to the ID number. and regulations of the U.S. Commission Commission’s website, https:// Members of the public are entitled to on Civil Rights (Commission) and the www.usccr.gov, or may contact the make comments during the open period

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at the end of the meeting. Members of the General Services Administration’s ACTION: Notice. the public may also submit written Committee Management Secretariat comments; the comments must be regarding the TAC’s renewal. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, ED is received in the Regional Programs Unit FOR FURTHER INFORMATION CONTACT: proposing a revision of a currently within 30 days following the meeting. Meghan Tente, TAC Designated Federal approved information collection. Written comments may be mailed to the Officer, at 202–418–5785 or mtente@ Western Regional Office, U.S. cftc.gov. DATES: Interested persons are invited to Commission on Civil Rights, 300 North submit comments on or before SUPPLEMENTARY INFORMATION: Los Angeles Street, Suite 2010, Los The TAC’s November 23, 2020. Angeles, CA 90012 or email Ana objectives and scope of activities shall ADDRESSES: To access and review all the Victoria Fortes at [email protected]. be to conduct public meetings, to documents related to the information Records and documents discussed submit reports and recommendations to collection listed in this notice, please during the meeting will be available for the Commission, and to otherwise assist use http://www.regulations.gov by public viewing prior to and after the the Commission in identifying and searching the Docket ID number ED– meeting at. https:// understanding the impact and 2020–SCC–0155. Comments submitted www.facadatabase.gov/FACA/FACA implications of technological innovation in response to this notice should be PublicViewCommitteeDetails?id= in the financial services and commodity submitted electronically through the a10t0000001gzljAAA Please click on the markets. The TAC will provide advice Federal eRulemaking Portal at http:// ‘‘Meeting Details’’ and ‘‘Documents’’ on the application and utilization of www.regulations.gov by selecting the links. Records generated from this new technologies in financial services Docket ID number or via postal mail, meeting may also be inspected and and commodity markets, as well as by commercial delivery, or hand delivery. reproduced at the Regional Programs market professionals and market users. If the regulations.gov site is not Unit, as they become available, both The TAC may further provide advice to available to the public for any reason, before and after the meeting. Persons the Commission on the appropriate ED will temporarily accept comments at interested in the work of this Committee level of investment in technology at the [email protected]. Please include the are directed to the Commission’s Commission to meet its surveillance and docket ID number and the title of the website, https://www.usccr.gov, or may enforcement responsibilities, and advise information collection request when contact the Regional Programs Unit at the Commission on the need for requesting documents or submitting the above email or street address. strategies to implement rules and comments. Please note that comments regulations to support the Commission’s submitted by fax or email and those Agenda mission of ensuring the integrity of the submitted after the comment period will I. Welcome markets. not be accepted. Written requests for II. Review Statement on Alaska Native The TAC will operate for two years information or comments submitted by Concerns from the date of renewal unless the postal mail or delivery should be III. Public Comment Commission directs that the TAC addressed to the Director of the Strategic VI. Adjournment terminate on an earlier date. A copy of Collections and Clearance Governance the TAC renewal charter has been filed Exceptional Circumstance: Pursuant and Strategy Division, U.S. Department with the Commission; the Senate to 41 CFR 102–3.150, the notice for this of Education, 400 Maryland Ave. SW, Committee on Agriculture, Nutrition meeting is given less than 15 calendar LBJ, Room 6W208B, Washington, DC and Forestry; the House Committee on days prior to the meeting because of the 20202–8240. Agriculture; the Library of Congress; exceptional circumstances of the COVID FOR FURTHER INFORMATION CONTACT: For and the General Services crisis and DFO availability. specific questions related to collection Administration’s Committee activities, please contact Carrie Clarady, Dated: September 16, 2020. Management Secretariat. A copy of the 202–245–6347. David Mussatt, renewal charter will be posted on the SUPPLEMENTARY INFORMATION: Supervisory Chief, Regional Programs Unit. Commission’s website at https:// The Department of Education (ED), in [FR Doc. 2020–20830 Filed 9–21–20; 8:45 am] www.cftc.gov. accordance with the Paperwork BILLING CODE P Dated: September 17, 2020. Reduction Act of 1995 (PRA) (44 U.S.C. Robert Sidman, 3506(c)(2)(A)), provides the general Deputy Secretary of the Commission. public and Federal agencies with an COMMODITY FUTURES TRADING [FR Doc. 2020–20903 Filed 9–21–20; 8:45 am] opportunity to comment on proposed, COMMISSION BILLING CODE 6351–01–P revised, and continuing collections of Renewal of the Technology Advisory information. This helps the Department Committee assess the impact of its information DEPARTMENT OF EDUCATION collection requirements and minimize AGENCY: Commodity Futures Trading the public’s reporting burden. It also [Docket No.: ED–2020–SCC–0155] Commission. helps the public understand the ACTION: Notice of technology advisory Agency Information Collection Department’s information collection committee renewal. Activities; Comment Request; Early requirements and provide the requested Childhood Longitudinal Study, data in the desired format. ED is SUMMARY: The Commodity Futures Kindergarten Class of 2022–23 (ECLS– soliciting comments on the proposed Trading Commission (Commission) is K:2023) Kindergarten and First-Grade information collection request (ICR) that publishing this notice to announce the Field Test Data Collection, National is described below. The Department of renewal of the Technology Advisory Sampling, and National Recruitment Education is especially interested in Committee (TAC). The Commission has public comment addressing the determined that the renewal of the TAC AGENCY: National Center for Education following issues: (1) Is this collection is necessary and in the public’s interest, Statistics (NCES), Department of necessary to the proper functions of the and the Commission has consulted with Education (ED). Department; (2) will this information be

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processed and used in a timely manner; schooling, including children’s home Federal eRulemaking Portal at http:// (3) is the estimate of burden accurate; environments and access to early care www.regulations.gov by selecting the (4) how might the Department enhance and education. The ECLS–K:2023 will Docket ID number or via postal mail, the quality, utility, and clarity of the focus on children’s early school commercial delivery, or hand delivery. information to be collected; and (5) how experiences continuing through the fifth If the regulations.gov site is not might the Department minimize the grade, and will include collection of available to the public for any reason, burden of this collection on the data from parents, teachers, and school ED will temporarily accept comments at respondents, including through the use administrators, as well as direct child [email protected]. Please include the of information technology. Please note assessments. A previous request to docket ID number and the title of the that written comments received in conduct a field test of the ECLS–K:2023 information collection request when response to this notice will be preschool data collection activities from requesting documents or submitting considered public records. January through October 2020, to field comments. Please note that comments Title of Collection: Early Childhood test the preschool data collection submitted by fax or email and those Longitudinal Study, Kindergarten Class materials and procedures, was approved submitted after the comment period will of 2022–23 (ECLS–K:2023) Kindergarten in November 2019, with updates in not be accepted. Written requests for and First-Grade Field Test Data January and July 2020. This ECLS– information or comments submitted by Collection, National Sampling, and K:2023 preschool field test will be postal mail or delivery should be National Recruitment. followed by the kindergarten-first grade addressed to the Director of the Strategic OMB Control Number: 1850–0750. field test (planned for August–December Collections and Clearance Governance Type of Review: A revision of a 2021), the spring preschool national and Strategy Division, U.S. Department currently approved information data collection (January–June 2022), and of Education, 400 Maryland Ave. SW, collection. the fall (August–December 2022) and LBJ, Room 6W208B, Washington, DC Respondents/Affected Public: spring (March–July 2023) kindergarten 20202–8240. Individuals or Households. national data collections. In this Total Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: For Responses: 20,895. package, burden is requested for several specific questions related to collection Total Estimated Number of Annual new parts of the project, including K– activities, please contact Alfreida Burden Hours: 15,510. 1 Field Test Recruitment, K–1 Field Test Pettiford, 202–245–6115. Abstract: The Early Childhood Data Collection, and the beginning of SUPPLEMENTARY INFORMATION: Longitudinal Study (ECLS) program, the National Study Recruitment. The Department of Education (ED), in conducted by the National Center for Dated: September 17, 2020. Education Statistics (NCES) within the accordance with the Paperwork Stephanie Valentine, Reduction Act of 1995 (PRA) (44 U.S.C. Institute of Education Sciences (IES) of PRA Coordinator, Strategic Collections and the U.S. Department of Education (ED), 3506(c)(2)(A)), provides the general Clearance Governance and Strategy Division, public and Federal agencies with an draws together information from Office of Chief Data Officer, Office of multiple sources to provide rich, Planning, Evaluation and Policy opportunity to comment on proposed, descriptive data on child development, Development. revised, and continuing collections of information. This helps the Department early learning, and school progress. The [FR Doc. 2020–20895 Filed 9–21–20; 8:45 am] assess the impact of its information ECLS program studies deliver national BILLING CODE 4000–01–P data on children’s status at birth and at collection requirements and minimize various points thereafter; children’s the public’s reporting burden. It also transitions to nonparental care, early DEPARTMENT OF EDUCATION helps the public understand the Department’s information collection care and education programs, and [Docket No.: ED–2020–SCC–0156] school; and children’s experiences and requirements and provide the requested data in the desired format. ED is growth through the elementary grades. Agency Information Collection soliciting comments on the proposed The Early Childhood Longitudinal Activities; Comment Request; Generic information collection request (ICR) that Study, Kindergarten Class of 2022–23 Application Package for Departmental is described below. The Department of (ECLS–K:2023) is the fourth cohort in Generic Grant Programs the series of early childhood Education is especially interested in longitudinal studies. The study will AGENCY: Office of Finance and public comment addressing the advance research in child development Operations (OFO), Department of following issues: (1) Is this collection and early learning by providing a Education (ED). necessary to the proper functions of the detailed and comprehensive source of ACTION: Notice. Department; (2) will this information be current information on children’s early processed and used in a timely manner; learning and development, transitions SUMMARY: In accordance with the (3) is the estimate of burden accurate; into kindergarten and beyond, and Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance progress through school. The ECLS– proposing an extension of a currently the quality, utility, and clarity of the K:2023 will provide data about the approved information collection. information to be collected; and (5) how population of children who will be DATES: Interested persons are invited to might the Department minimize the kindergartners in the 2022–23 school submit comments on or before burden of this collection on the year, and will go beyond its predecessor November 23, 2020. respondents, including through the use kindergarten cohort studies by adding a ADDRESSES: To access and review all the of information technology. Please note round of data collection in the spring documents related to the information that written comments received in prior to children’s kindergarten year, collection listed in this notice, please response to this notice will be known as the ‘‘preschool round.’’ use http://www.regulations.gov by considered public records. Collecting parent data beginning in searching the Docket ID number ED– Title of Collection: Generic preschool will enable the study to 2020–SCC–0156. Comments submitted Application Package for Departmental measure influences on children’s in response to this notice should be Generic Grant Programs. development before entry into formal submitted electronically through the OMB Control Number: 1894–0006.

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Type of Review: An extension of a Disposed Onsite at the Hanford Site, Determination, whether the VLAW is currently approved information Washington (Draft WIR Evaluation). The incidental to reprocessing, is non-HLW, collection. original comment period began on May and may be managed (disposed of onsite Respondents/Affected Public: State, 26, 2020 and ended on September 26, at the Integrated Disposal Facility) as Local and Tribal Organizations. 2020. This notice announces an low-level radioactive waste. Total Estimated Number of Annual extension of the comment period on the Responses: 9,861. Draft WIR Evaluation until November Signing Authority Total Estimated Number of Annual 27, 2020; any comments received after This document of the Department of Burden Hours: 447,089. that date will be considered to the Energy was signed on September 15, Abstract: The Department is extent practical. 2020, by Elizabeth A. Connell, Associate requesting an extension of the approval DATES: The comment period in the Principal Deputy Assistant Secretary for for the Generic Application Package that Notice of Availability, published on Regulatory and Policy Affairs, pursuant numerous ED discretionary grant May 26, 2020 (85 FR 31479), is extended to delegated authority from the programs use to provide to applicants until November 27, 2020. Any Secretary of Energy. That document the forms and information needed to comments received after that date will with the original signature and date is apply for new grants under those grant be considered to the extent practical. maintained by DOE. For administrative program competitions. The Department ADDRESSES: Comments may be purposes only, and in compliance with will use this Generic Application submitted by email to ILAWDraftWIR@ requirements of the Office of the Federal package for discretionary grant rl.gov. Alternately, written comments Register, the undersigned DOE Federal programs that: (1) Use the standard ED may also be sent by mail to: Jennifer Register Liaison Officer has been or Federal-wide grant applications Colburn, U.S. Department of Energy, authorized to sign and submit the forms that have been cleared separately P.O. Box 450, MSIN H6–60, Richland, document in electronic format for through OMB under the terms of this WA 99354. The Draft WIR Evaluation is publication, as an official document of generic clearance as approved by OMB available on the internet at https:// the Department of Energy. This and (2) use selection criteria from the www.hanford.gov/page.cfm/Vitrified administrative process in no way alters Education Department General LowActivityWaste and will be publicly the legal effect of this document upon Administrative Regulations (EDGAR); available for review at the following publication in the Federal Register. selection criteria that reflect statutory or locations once these facilities re-open Signed in Washington, DC, on September regulatory provisions that have been following resolution of public health 17, 2020. developed under 34 CFR 75.209, 75.210, concerns associated with the Treena V. Garrett, or a combination of EDGAR, statutory or coronavirus: U.S. DOE Public Reading ‘‘approved’’ regulatory criteria or other Federal Register Liaison Officer, U.S. Room, 1000 Independence Avenue SW, Department of Energy. provisions, as authorized under 34 CFR Washington, DC 20585, phone: (202) 75.200, 75.209 and 75.210. The use of [FR Doc. 2020–20910 Filed 9–21–20; 8:45 am] 586–5955, or fax: (202) 586–0575; and BILLING CODE 6450–01–P the standard ED grant application forms U.S. DOE Public Reading Room located and the use of EDGAR and/or criteria at 2770 University Drive, Consolidated developed under §§ 75.200 and 75.209, Information Center (CIC), Room 101L, DEPARTMENT OF ENERGY and 75.210 promotes the Richland, WA 99354, phone: (509) 372– standardization and streamlining of ED 7303. Energy Information Administration discretionary grant application FOR FURTHER INFORMATION CONTACT: Mr. packages. Agency Information Collection Gary L. Pyles by email at gary.pyles@ Extension Dated: September 17, 2020. rl.doe.gov, by mail at U.S. Department of Stephanie Valentine, Energy, Richland Operations Office, AGENCY: U.S. Energy Information PRA Coordinator, Strategic Collections and 2420 Stevens Center Place H520, Administration (EIA), Department of Clearance, Governance and Strategy Division, Richland, WA 99354, or by phone at Energy (DOE). Office of Chief Data Officer, Office of (509) 376–2670. Planning, Evaluation and Policy ACTION: Notice and request for SUPPLEMENTARY INFORMATION: On May Development. comments. 26, 2020, DOE published in the Federal [FR Doc. 2020–20897 Filed 9–21–20; 8:45 am] Register a notice of availability of the SUMMARY: EIA invites public comment BILLING CODE 4000–01–P Draft WIR Evaluation for comment by on the proposed three-year extension, States, Tribal Nations, stakeholders and with changes, to the Uranium Data the public (85 FR 31479). The original Program (UDP) as required under the DEPARTMENT OF ENERGY comment period began on May 26, 2020 Paperwork Reduction Act of 1995. The and ended on September 26, 2020. UDP consists of three surveys: Form Extension of Comment Period, Draft In response to requests to extend the EIA–851A Domestic Uranium Waste Incidental to Reprocessing comment period, DOE is extending the Production Report (Annual), which Evaluation for Vitrified Low-Activity comment period by 60 days, until collects annual data from the U.S. Waste Disposed Onsite at the Hanford November 27, 2020. DOE will consider uranium industry on uranium milling Site, Washington comments received after that date to the and processing, uranium feed sources, AGENCY: Department of Energy. extent practical. uranium mining, employment, drilling, ACTION: Extension of comment period. After carefully considering comments expenditures, and uranium reserves; received, consulting with the Nuclear Form EIA–851Q Domestic Uranium SUMMARY: On May 26, 2020, the U.S. Regulatory Commission, and performing Production Report (Quarterly), which Department of Energy (‘‘DOE’’) any necessary revisions of analyses and collects monthly data that is reported on published in the Federal Register a technical documents, DOE plans to a quarterly basis, on uranium Notice of Availability of the Draft Waste issue a final WIR Evaluation. Based on production on a quarterly basis; and Incidental to Reprocessing Evaluation the final WIR Evaluation, DOE may Form EIA–858 Uranium Marketing for Vitrified Low-Activity Waste determine, in a future WIR Annual Survey, which collects annual

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data from the U.S. uranium market on except for production data. Production domestic production has steadily uranium contracts and deliveries, data will be considered public and may declined over the past 15 years as inventories, enrichment services be publicly released in an identifiable imports of uranium dominate U.S. purchased, uranium in fuel assemblies, form. For the past six years, the items uranium markets and domestic firms feed deliveries to enrichers, and unfilled ‘‘Respondent and Contact either cease operations or merge with market requirements for the current year Identification’’, ‘‘Company Name’’, and other companies. As fewer respondents and the following ten years. all of ‘‘Item 1: Facility Information’’ on contribute to the published aggregates, DATES: EIA must receive all comments Forms EIA–851Q and EIA–851A are EIA needs to withhold from publication on this proposed information collection considered public information and are all of the data at the state and regional no later than November 23, 2020. If you publicly released in company or level. The practical utility of the anticipate any difficulties in submitting individually identifiable form on EIA’s information collected is undermined by your comments by the deadline, contact website. Data protection methods will EIA withholding most of the data it the person listed in ADDRESSES section continue to be applied to the statistical collects on these survey forms. of this notice as soon as possible. information reported on Forms EIA– Cognitive research showed that the ADDRESSES: Send comments to Tim 851A and EIA–851Q, except for majority of the respondents to Forms Shear by email to Uranium2021@ production data. EIA–851A and EIA–851Q are not eia.gov. The data protection statement in the concerned if informed users infer instructions to Forms EIA–851A and reported values from published FOR FURTHER INFORMATION CONTACT: Tim EIA–851Q will state: statistical aggregates in data tables. The Shear, U.S. Energy Information The ‘Respondent and Contact main reason survey respondents Administration, telephone (202) 586– provided was that the information 0403, email [email protected]. The Identification’ (Company Name), ‘Item 1: Facility Information’, and production data reported on Forms EIA–851A and EIA– draft forms and instructions are reported on Form EIA–851Q/A are 851Q is already publicly available. In available at https://www.eia.gov/survey/ considered public information and may be addition, since 2016, the current changes/uranium/2020/. released in company identifiable form. instructions to Forms EIA–851A and SUPPLEMENTARY INFORMATION: This Additional information reported on this form EIA–851Q have stated the name and information collection request contains: may be protected and may not be disclosed address of the respondent are (1) OMB No.: 1905–0160; to the public to the extent that it satisfies the considered public information. (2) Information Collection Request criteria for exemption under the Freedom of (5) Annual Estimated Number of Title: Uranium Data Program; Information Act (FOIA), 5 U.S.C. 552, the Department of Energy (DOE) regulations, 10 Respondents: 102; (3) Type of Request: Three-year (6) Annual Estimated Number of extension with changes; CFR 1004, implementing the FOIA, and the Trade Secrets Act, 18 U.S.C. 1905. Total Responses: 135; (4) Purpose: Uranium Data Program The Federal Energy Administration Act (7) Annual Estimated Number of collects data on domestic uranium requires EIA to provide company-specific Burden Hours: 1098; supply and demand activities, including data to other Federal agencies when (8) Annual Estimated Reporting and production, exploration and requested for official use. The information Recordkeeping Cost Burden: EIA development, trade, purchases and sales reported on this form may also be made estimates that there are no capital and available to the U.S. The users of these available, upon request, to another start-up costs associated with this data data include Congress, Executive component of the Department of Energy collection. The information is Branch agencies, the nuclear and (DOE); to any Committee of Congress, the maintained during the normal course of uranium industry, electric power Government Accountability Office, or other Federal agencies authorized by law to receive business. The cost of the burden hours industry, and the public. Form EIA– such information. A court of competent is estimated to be $87,993.72 (1,098 851A data is published in EIA’s jurisdiction may obtain this information in burden hours times $80.14 per hour). Domestic Uranium Production Report— response to an order. The information may be Other than the cost of burden hours, EIA Annual, at http://www.eia.gov/uranium/ used for any non-statistical purposes such as estimates that there are no additional production/annual/. Form EIA–851Q administrative, regulatory, law enforcement, costs for generating, maintaining, and data is published in EIA’s Domestic or adjudicatory purposes. providing this information. Uranium Production Report—Quarterly Data protection methods are applied to the Comments are invited on: (a) Whether at http://www.eia.gov/uranium/ statistical information reported on Forms the proposed collection of information production/quarterly/. Form EIA–858 EIA–851A and EIA–851Q, except for is necessary for the proper performance production data. data is published in EIA’s Uranium of the functions of the agency, including Marketing Annual Report at http:// The reason EIA is proposing this whether the information has practical www.eia.gov/uranium/marketing/ and change in the data protection for Forms utility; (b) the accuracy of the agency’s Domestic Uranium Production Report— EIA–851A and EIA–851Q is due to a estimate of the burden of the proposed Annual at http://www.eia.gov/uranium/ material change in circumstances that collection of information, including the production/annual/; occurred over the past 15 years in the validity of the methodology and (4a) Proposed change to information domestic uranium production markets assumptions used; (c) ways to enhance collection: EIA will no longer protect that was unforeseen when EIA initially the quality, utility, and clarity of the information reported on Form EIA– placed these surveys under CIPSEA information to be collected; and (d) 851A and EIA–851Q under the protection in 2004. Domestic uranium ways to minimize the burden of the Confidential Information Protection and production has significantly decreased collection of information on Statistical Efficiency Act of 2018 from a recent high of 4,891 thousand respondents, including through the use (CIPSEA). Information reported on Form pounds U3O8 in 2014 to 174 thousand of automated collection techniques or EIA–858 will continue to be protected pounds U3O8 in 2019. Over 90% of the other forms of information technology. uranium purchased by owners and under CIPSEA. Statutory Authority: Section 13(b) of the EIA proposes to apply exemptions operators of U.S. civilian nuclear power Federal Energy Administration Act of 1974, under the Freedom of Information Act reactors in 2018 and 2019 was from Pub. L. 93–275, codified as 15 U.S.C. 772(b) (FOIA) to protect information reported uranium imports of foreign origin. The and the DOE Organization Act of 1977, Pub. on Forms EIA–851A and EIA–851Q number of respondents reporting L. 95–91, codified at 42 U.S.C. 7101.

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Signed in Washington, DC, on September Description: Report Filing: EAL Filed Date: 9/16/20. 16, 2020. Refund Report (ER18–1247–001) to be Accession Number: 20200916–5043. Thomas Leckey, effective N/A. Comments Due: 5 p.m. ET 10/7/20. Assistant Administrator for Energy Statistics, Filed Date: 9/16/20. Docket Numbers: ER20–2889–000. U.S. Energy Information Administration. Accession Number: 20200916–5056. Applicants: Alabama Power [FR Doc. 2020–20870 Filed 9–21–20; 8:45 am] Comments Due: 5 p.m. ET 10/7/20. Company. BILLING CODE 6450–01–P Docket Numbers: ER18–1639–007. Description: § 205(d) Rate Filing: Applicants: Constellation Mystic Swallowtail Solar LGIA Filing to be Power, LLC. effective 9/1/2020. DEPARTMENT OF ENERGY Description: Compliance filing: Filed Date: 9/16/20. Revised Mystic Agreement Compliance Accession Number: 20200916–5044. Federal Energy Regulatory Filing to be effective 6/1/2022. Comments Due: 5 p.m. ET 10/7/20. Commission Filed Date: 9/15/20. Accession Number: 20200915–5070. Docket Numbers: ER20–2890–000. Combined Notice of Filings #1 Comments Due: 5 p.m. ET 10/6/20. Applicants: California Independent System Operator Corporation. Docket Numbers: ER20–1958–001. Take notice that the Commission Description: § 205(d) Rate Filing: Applicants: Puget Sound Energy, Inc. received the following electric corporate 2020–09–16 Hybrid Resources to be filings: Description: Compliance filing: Order 864 Amended Compliance Filing to be effective 12/1/2020. Docket Numbers: EC20–102–000. effective 1/27/2020. Filed Date: 9/16/20. Applicants: Terra-Gen Power Filed Date: 9/15/20. Accession Number: 20200916–5055. Holdings II, LLC, Golden NA Power Accession Number: 20200915–5064. Comments Due: 5 p.m. ET 10/7/20. Holdings LLC, Energy Capital Partners Comments Due: 5 p.m. ET 10/6/20. Docket Numbers: ER20–2891–000. III, LLC. Docket Numbers: ER20–2005–001. Applicants: PJM Interconnection, Description: Application for Applicants: Midcontinent L.L.C. Authorization Under Section 203 of the Independent System Operator, Inc. Description: § 205(d) Rate Filing: Federal Power Act, et al. of Terra-Gen Description: Tariff Amendment: Original WMPA, Service Agreement No. Power Holdings II, LLC, et al. 2020–09–16_Deficiency Response to 5759; Queue No. AF2–277 to be Filed Date: 9/15/20. Intermittent Resource Deliverability effective 8/18/2020. Accession Number: 20200915–5141. Filing to be effective 8/19/2020. Filed Date: 9/16/20. Comments Due: 5 p.m. ET 10/6/20. Filed Date: 9/16/20. Accession Number: 20200916–5070. Take notice that the Commission Accession Number: 20200916–5083. Comments Due: 5 p.m. ET 10/7/20. received the following exempt Comments Due: 5 p.m. ET 10/7/20. Docket Numbers: ER20–2892–000. wholesale generator filings: Docket Numbers: ER20–2878–001. Applicants: Midcontinent Docket Numbers: EG20–245–000. Applicants: Pacific Gas and Electric Independent System Operator, Inc. Applicants: Townsite Solar, LLC. Company. Description: § 205(d) Rate Filing: Description: Notice of Self- Description: Tariff Amendment: First 2020–09–16_SA 2974 Termination of Certification of Exempt Wholesale Amendment to Wholesale Distribution Missouri Basin-Marshall Cogen GIA Generator Status of Townsite Solar, Tariff Rate Case 2020 (WDT3), CCSF to (J391) to be effective 4/19/2020. LLC. be effective 11/15/2020. Filed Date: 9/16/20. Filed Date: 9/15/20. Filed Date: 9/16/20. Accession Number: 20200916–5073. Accession Number: 20200915–5041. Accession Number: 20200916–5057. Comments Due: 5 p.m. ET 10/7/20. Comments Due: 5 p.m. ET 10/6/20. Comments Due: 5 p.m. ET 10/7/20. Docket Numbers: ER20–2893–000. Take notice that the Commission Docket Numbers: ER20–2878–002. Applicants: PJM Interconnection, received the following electric rate Applicants: Pacific Gas and Electric L.L.C. filings: Company. Description: § 205(d) Rate Filing: Description: Tariff Amendment: Docket Numbers: ER11–2154–011. Original WMPA, Service Agreement No. Second Amendment to Wholesale Applicants: Twin Eagle Resource 5760; Queue No. AF2–278 to be Distribution Tariff Rate Case 2020 Management, LLC. effective 8/18/2020. (WDT3), Port to be effective 11/15/2020. Description: Second Amendment to Filed Date: 9/16/20. Filed Date: 9/16/20. Accession Number: 20200916–5076. March 30, 2020 and April 2, 2020 Accession Number: 20200916–5069. Comments Due: 5 p.m. ET 10/7/20. Notice of Change in Status of Twin Comments Due: 5 p.m. ET 10/7/20. Eagle Resource Management, LLC. Docket Numbers: ER20–2887–000. Docket Numbers: ER20–2894–000. Filed Date: 8/20/20. Applicants: New York Independent Applicants: PJM Interconnection, Accession Number: 20200820–5149. System Operator, Inc., Niagara Mohawk L.L.C. Comments Due: 5 p.m. ET 9/28/20. Power Corporation. Description: § 205(d) Rate Filing: Docket Numbers: ER17–104–006; Description: § 205(d) Rate Filing: Joint Original WMPA, Service Agreement No. ER17–105–006. NYISO & NMPC 205 filing re: SGIA 5761; Queue No. AF2–279 to be Applicants: Broadview Energy JN, SA2544 Pattersonville Solar Facility, effective 8/18/2020. LLC, Broadview Energy KW, LLC. LLC to be effective 9/3/2020. Filed Date: 9/16/20. Description: Notice of Change in Filed Date: 9/16/20. Accession Number: 20200916–5081. Status of Broadview Energy JN, LLC, et Accession Number: 20200916–5010. Comments Due: 5 p.m. ET 10/7/20. al. Comments Due: 5 p.m. ET 10/7/20. Docket Numbers: ER20–2896–000. Filed Date: 9/15/20. Docket Numbers: ER20–2888–000. Applicants: New England Power Accession Number: 20200915–5119. Applicants: Townsite Solar, LLC. Company. Comments Due: 5 p.m. ET 10/6/20. Description: Baseline eTariff Filing: Description: Notice of Cancellation of Docket Numbers: ER18–1247–001. Townsite Solar, LLC MBR Tariff to be Large Generator Interconnection Applicants: Entergy Arkansas, Inc. effective 9/17/2020. Agreement (First Revised Service

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Agreement No. IA–NEP–5), et al. of New Dated: September 16, 2020. proceeding may seek the opportunity to England Power Company. Nathaniel J. Davis, Sr., respond to any facts or contentions Filed Date: 9/16/20. Deputy Secretary. made in a prohibited off-the-record Accession Number: 20200916–5095. [FR Doc. 2020–20917 Filed 9–21–20; 8:45 am] communication and may request that the Commission place the prohibited Comments Due: 5 p.m. ET 10/7/20. BILLING CODE 6717–01–P communication and responses thereto Docket Numbers: ER20–2897–000. in the decisional record. The Applicants: New England Power DEPARTMENT OF ENERGY Commission will grant such a request Company. only when it determines that fairness so Description: Notice of Cancellation of Federal Energy Regulatory requires. Any person identified below as Large Generator Interconnection Commission having made a prohibited off-the-record Agreement (First Revised Service [Docket No. RM98–1–000] communication shall serve the Agreement No. IA–NEP–6), et al. of New document on all parties listed on the England Power Company. Records Governing Off-the-Record official service list for the applicable Filed Date: 9/16/20. Communications; Public Notice proceeding in accordance with Rule 2010, 18 CFR 385.2010. Accession Number: 20200916–5101. This constitutes notice, in accordance Exempt off-the-record Comments Due: 5 p.m. ET 10/7/20. with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications are included in the The filings are accessible in the decisional record of the proceeding, Commission’s eLibrary system (https:// communications. Order No. 607 (64 FR 51222, unless the communication was with a elibrary.ferc.gov/idmws/search/ September 22, 1999) requires cooperating agency as described by 40 fercgensearch.asp) by querying the Commission decisional employees, who CFR 1501.6, made under 18 CFR docket number. make or receive a prohibited or exempt 385.2201(e) (1) (v). Any person desiring to intervene or off-the-record communication relevant The following is a list of off-the- protest in any of the above proceedings to the merits of a contested proceeding, record communications recently must file in accordance with Rules 211 to deliver to the Secretary of the received by the Secretary of the and 214 of the Commission’s Commission, a copy of the Commission. The communications Regulations (18 CFR 385.211 and communication, if written, or a listed are grouped by docket numbers in 385.214) on or before 5:00 p.m. Eastern summary of the substance of any oral ascending order. These filings are time on the specified comment date. communication. available for electronic review at the Protests may be considered, but Prohibited communications are Commission in the Public Reference intervention is necessary to become a included in a public, non-decisional file Room or may be viewed on the party to the proceeding. associated with, but not a part of, the Commission’s website at http:// eFiling is encouraged. More detailed decisional record of the proceeding. www.ferc.gov using the eLibrary link. information relating to filing Unless the Commission determines that Enter the docket number, excluding the requirements, interventions, protests, the prohibited communication and any last three digits, in the docket number service, and qualifying facilities filings responses thereto should become a part field to access the document. For can be found at: http://www.ferc.gov/ of the decisional record, the prohibited assistance, please contact FERC Online docs-filing/efiling/filing-req.pdf. For off-the-record communication will not Support at FERCOnlineSupport@ other information, call (866) 208–3676 be considered by the Commission in ferc.gov or toll free at (866) 208–3676, or (toll free). For TTY, call (202) 502–8659. reaching its decision. Parties to a for TTY, contact (202)502–8659.

Docket No. File date Presenter or requester

Prohibited: ER20–1718–001 ...... 9–11–2020 FERC Staff.1 Exempt: 1. CP16–22–000 ...... 9–9–2020 U.S. Representative Bob Gibbs. 2. RP20–859–000 ...... 9–9–2020 U.S. Representative Kelly Armstrong. 3. CP16–10–000 ...... 9–9–2020 U.S. Senate.2 4. CP17–458–000 ...... 9–10–2020 U.S. Representative Markwayne Mullin. 5. RP20–859–000 ...... 9–11–2020 U.S. Senate.3 1 Email communication on 9/11/2020 from Gord McCuaig to Commissioner Glick. 2 U.S. Senators Mark Warner and Tim Kaine. 3 U.S. Senators John Hoeven and Kevin Cramer.

Dated: September 16, 2020. DEPARTMENT OF ENERGY Description: Compliance filing PXP Nathaniel J. Davis, Sr., Phase III Compliance Filing to be Deputy Secretary. Federal Energy Regulatory effective 11/1/2020. Commission [FR Doc. 2020–20913 Filed 9–21–20; 8:45 am] Filed Date: 9/15/20. Accession Number: 20200915–5010. BILLING CODE 6717–01–P Combined Notice of Filings Comments Due: 5 p.m. ET 9/28/20. Take notice that the Commission has Docket Numbers: RP20–1190–000. received the following Natural Gas Applicants: Empire Pipeline, Inc. Pipeline Rate and Refund Report filings: Description: § 4(d) Rate Filing: New Docket Numbers: RP20–1189–000. Map Link 2020 (Empire) to be effective Applicants: Portland Natural Gas 10/1/2020. Transmission System. Filed Date: 9/15/20.

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Accession Number: 20200915–5032. DEPARTMENT OF ENERGY Rockville, Maryland 20852. The first Comments Due: 5 p.m. ET 9/28/20. page of any filing should include docket Federal Energy Regulatory number P–2307–083. Comments Docket Numbers: RP20–1191–000. Commission emailed to Commission staff are not Applicants: National Fuel Gas Supply [Project No. 2307–083] considered part of the Commission Corporation. record. The Commission’s Rules of Practice Description: § 4(d) Rate Filing: New Alaska Electric Light & Power Company; Notice of Application and Procedure require all intervenors Map Links 2020 (Supply) to be effective Accepted for Filing and Soliciting filing documents with the Commission 10/1/2020. Comments, Motions To Intervene, and to serve a copy of that document on Filed Date: 9/15/20. Protests each person whose name appears on the Accession Number: 20200915–5034. official service list for the project. Take notice that the following Further, if an intervenor files comments Comments Due: 5 p.m. ET 9/28/20. hydroelectric application has been filed or documents with the Commission Docket Numbers: RP20–1192–000. with the Commission and is available relating to the merits of an issue that for public inspection: may affect the responsibilities of a Applicants: Midship Pipeline a. Application Type: Amendment of particular resource agency, they must Company, LLC. License. also serve a copy of the document on Description: § 4(d) Rate Filing: b. Project No: P–2307–083. that resource agency. Request for Service/Execution of Service c. Date Filed: July 1, 2020. k. Description of Request: The Agmts to be effective 10/15/2020. d. Applicant: Alaska Electric Light & licensee proposes to replace the 105- Power Company (licensee). year-old riveted steel Annex Creek Filed Date: 9/15/20. e. Name of Project: Annex Creek and penstock, which runs from the Accession Number: 20200915–5066. Salmon Creek Hydroelectric Project. valvehouse to the powerhouse. The Comments Due: 5 p.m. ET 9/28/20. f. Location: The project is located on licensee states that the penstock must be Annex and Salmon Creeks in the City replaced to ensure safe and reliable Docket Numbers: RP20–1193–000. and Borough of Juneau, Alaska. The operation of the project for the Applicants: Paiute Pipeline Company. project occupies federal land within the remainder of the project license. As Tongass National Forest, administered proposed, the licensee would remove Description: § 4(d) Rate Filing: Non- by the U.S. Forest Service. Conforming TSA Removals and the existing penstock and penstock g. Filed Pursuant to: Federal Power bridge installed in 1915 and replace Restatements of TSA Nos. F29, F32, Act, 16 U.S.C. 791a–825r. them with a new welded steel penstock F34, F51 to be effective 9/15/2020. h. Applicant Contact: Christy and steel bridge in the existing Filed Date: 9/15/20. Yearous, Generation Engineer, Alaska alignment. The valvehouse would also Accession Number: 20200915–5076. Electric Light & Power Company, 5601 be expanded to include an automated Tonsgard Court, Juneau, AK 99801; valve and controls located immediately Comments Due: 5 p.m. ET 9/28/20. telephone: (907) 463–6387. downstream of the originally manually The filings are accessible in the i. FERC Contact: Marybeth Gay, (202) operated gate valve. Commission’s eLibrary system (https:// 502–6125, [email protected]. l. Locations of the Application: This elibrary.ferc.gov/idmws/search/ j. Deadline for filing comments, filing may be viewed on the fercgensearch.asp) by querying the motions to intervene, and protests: Commission’s website at http:// October 16, 2020. docket number. www.ferc.gov using the ‘‘eLibrary’’ link. The Commission strongly encourages Enter the docket number excluding the Any person desiring to intervene or electronic filing. Please file comments, last three digits in the docket number protest in any of the above proceedings motions to intervene, and protests using field to access the document. You may must file in accordance with Rules 211 the Commission’s eFiling system at also register online at http:// and 214 of the Commission’s http://www.ferc.gov/docs-filing/ www.ferc.gov/docs-filing/ Regulations (18 CFR 385.211 and efiling.asp. Commenters can submit esubscription.asp to be notified via 385.214) on or before 5:00 p.m. Eastern brief comments up to 6,000 characters, email of new filings and issuances time on the specified comment date. without prior registration, using the related to this or other pending projects. Protests may be considered, but eComment system at http:// For assistance, call 1–866–208–3676 or intervention is necessary to become a www.ferc.gov/docs-filing/ email [email protected], for party to the proceeding. ecomment.asp. You must include your TTY, call (202) 502–8659. Agencies may name and contact information at the end eFiling is encouraged. More detailed obtain copies of the application directly of your comments. For assistance, information relating to filing from the applicant. please contact FERC Online Support at m. Individuals desiring to be included requirements, interventions, protests, [email protected], (866) on the Commission’s mailing list should service, and qualifying facilities filings 208–3676 (toll free), or (202) 502–8659 so indicate by writing to the Secretary can be found at: http://www.ferc.gov/ (TTY). In lieu of electronic filing, you of the Commission. docs-filing/efiling/filing-req.pdf. For may submit a paper copy. Submissions n. Comments, Protests, or Motions to other information, call (866) 208–3676 sent via the U.S. Postal Service must be Intervene: Anyone may submit (toll free). For TTY, call (202) 502–8659. addressed to: Kimberly D. Bose, comments, a protest, or a motion to Dated: September 16, 2020. Secretary, Federal Energy Regulatory intervene in accordance with the Nathaniel J. Davis, Sr., Commission, 888 First Street NE, Room requirements of Rules of Practice and 1A, Washington, DC 20426. Procedure, 18 CFR 385.210, .211, .214, Deputy Secretary. Submissions sent via any other carrier respectively. In determining the [FR Doc. 2020–20912 Filed 9–21–20; 8:45 am] must be addressed to: Kimberly D. Bose, appropriate action to take, the BILLING CODE 6717–01–P Secretary, Federal Energy Regulatory Commission will consider all protests or Commission, 12225 Wilkins Avenue, other comments filed, but only those

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who file a motion to intervene in 4304 East Hill Rd., Plainfield, VT 05667, Energy Regulatory Commission, 888 accordance with the Commission’s Phone: (415) 260–6890, Email: arion@ First Street NE, Washington, DC 20426, Rules may become a party to the ar-ion.net. in accordance with Rules 211 and 214 proceeding. Any comments, protests, or FERC Contact: Anumzziatta of the Commission’s Rules of Practice motions to intervene must be received Purchiaroni, (202) 502–6191, and Procedure (18 CFR 385.211 and on or before the specified comment date [email protected]. 385.214). Anyone filing a motion to for the particular application. Deadline for filing comments, motions intervene or protest must serve a copy o. Filing and Service of Documents: to intervene, and protests: 30 days from of that document on the Applicant. Any filing must (1) bear in all capital the date that the Commission issues this Notice is hereby given that the letters the title ‘‘COMMENTS’’, notice. The Commission strongly deadline for filing protests with regard ‘‘PROTEST’’, or ‘‘MOTION TO encourages electronic filing. Please file to the applicant’s request for blanket INTERVENE’’ as applicable; (2) set forth comments, motions to intervene, and authorization, under 18 CFR part 34, of in the heading the name of the applicant protests using the Commission’s eFiling future issuances of securities and and the project number of the system at http://www.ferc.gov/docs- application to which the filing filing/efiling.asp. Commenters can assumptions of liability, is October 6, responds; (3) furnish the name, address, submit brief comments up to 6,000 2020. and telephone number of the person characters, without prior registration, The Commission encourages commenting, protesting or intervening; using the eComment system at http:// electronic submission of protests and and (4) otherwise comply with the www.ferc.gov/docs-filing/ interventions in lieu of paper, using the requirements of 18 CFR 385.2001 ecomment.asp. You must include your FERC Online links at http:// through 385.2005. All comments, name and contact information at the end www.ferc.gov. To facilitate electronic motions to intervene, or protests must of your comments. For assistance, service, persons with internet access set forth their evidentiary basis. Any please contact FERC Online Support at who will eFile a document and/or be filing made by an intervenor must be [email protected], (866) listed as a contact for an intervenor accompanied by proof of service on all 208–3676 (toll free), or (202) 502–8659 must create and validate an (TTY). persons listed in the service list eRegistration account using the In lieu of electronic filing, please send prepared by the Commission in this a paper copy to: Secretary, Federal eRegistration link. Select the eFiling proceeding, in accordance with 18 CFR Energy Regulatory Commission, 888 link to log on and submit the 385.2010. First Street NE, Washington, DC 20426. intervention or protests. Dated: September 16, 2020. Submissions sent via any other carrier Persons unable to file electronically Nathaniel J. Davis, Sr., must be addressed to Kimberly D. Bose, may mail similar pleadings to the Deputy Secretary. Secretary, Federal Energy Regulatory Federal Energy Regulatory Commission, [FR Doc. 2020–20916 Filed 9–21–20; 8:45 am] Commission, 12225 Wilkins Avenue, 888 First Street NE, Washington, DC BILLING CODE 6717–01–P Rockville, Maryland 20852. The first 20426. Hand delivered submissions in page of any filing should include docket docketed proceedings should be number P–14308–011. Comments delivered to Health and Human DEPARTMENT OF ENERGY emailed to Commission staff are not Services, 12225 Wilkins Avenue, considered part of the Commission Rockville, Maryland 20852. Federal Energy Regulatory record. Commission In addition to publishing the full text Dated: September 16, 2020. of this document in the Federal [Project No. 14308–011] Nathaniel J. Davis, Sr., Register, the Commission provides all Deputy Secretary. interested persons an opportunity to Carbon Zero, LLC; North Bennington [FR Doc. 2020–20914 Filed 9–21–20; 8:45 am] view and/or print the contents of this Hydroelectric LLC; Notice of BILLING CODE 6717–01–P document via the internet through the Application for Transfer of License and Commission’s Home Page (http:// Soliciting Comments, Motions To ferc.gov) using the ‘‘eLibrary’’ link. Intervene, and Protests DEPARTMENT OF ENERGY Enter the docket number excluding the last three digits in the docket number On August 31, 2020, Carbon Zero, Federal Energy Regulatory field to access the document. At this LLC (transferor) and North Bennington Commission Hydroelectric LLC (transferee) filed time, the Commission has suspended jointly an application for the transfer of [Docket No. ER20–2881–000] access to the Commission’s Public license of the Vermont Tissue Mill Dam Reference Room, due to the Hydroelectric Project No. 14308. The Harts Mill Solar, LLC; Supplemental proclamation declaring a National project is located on the Walloomsac Notice That Initial Market-Based Rate Emergency concerning the Novel River, Bennington County, Vermont. Filing Includes Request for Blanket Coronavirus Disease (COVID–19), issued The applicants seek Commission Section 204 Authorization by the President on March 13, 2020. For approval to transfer the license for the This is a supplemental notice in the assistance, contact the Federal Energy Vermont Tissue Mill Dam Hydroelectric above-referenced proceeding of Harts Regulatory Commission at Project from the transferor to the Mill Solar, LLC’s application for market- [email protected] or call transferee. based rate authority, with an toll-free, (886) 208–3676 or TYY, (202) Applicants Contact: For transferor: accompanying rate tariff, noting that 502–8659. Maria Scully, Carbon Zero, LLC, P.O. such application includes a request for Dated: September 16, 2020. Box 338, North Bennington, VT 05257, blanket authorization, under 18 CFR Nathaniel J. Davis, Sr., Phone: (802) 688–5175, Email: mscully@ part 34, of future issuances of securities outlook.com. and assumptions of liability. Deputy Secretary. For transferee: Arion Thiboumery, Any person desiring to intervene or to [FR Doc. 2020–20915 Filed 9–21–20; 8:45 am] North Bennington Hydroelectric LLC, protest should file with the Federal BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION SAB Peer Review of EPA’s Revised Oral Statements: In general, AGENCY Guidelines for Preparing Economic individuals or groups requesting an oral Analyses. Background information presentation at a public teleconference [FRL–10014–92–OA] about this activity is available on the will be limited to three minutes. Persons Notification of a Public Meeting of the SAB website at: https:// interested in providing oral statements Chartered Science Advisory Board yosemite.epa.gov/sab/sabproduct.nsf/0/ should contact Dr. Thomas Armitage, 30D5E59E8DC91C22 DFO, in writing via email) at the contact AGENCY: Environmental Protection 85258403006EEE00?OpenDocument. information noted above by November Agency (EPA). The SAB will also conduct a quality 5, 2020, to be placed on the list of ACTION: Notice. review of the SAB Reduced- Form Tools registered speakers. Review Panel report titled Review of Written Statements: Written SUMMARY: The Environmental Protection EPA’s Reduced Form Tools Evaluation. statements will be accepted throughout Agency (EPA) Science Advisory Board Background information about this the advisory process; however, for (SAB) Staff Office announces a public activity is available on the SAB website timely consideration by SAB members, meeting of the Chartered SAB. The at: https://yosemite.epa.gov/sab/ statements should be received in the Chartered SAB will meet to conduct sabproduct.nsf//0/46C3F741097CD6348 SAB Staff Office by November 5, 2020, quality reviews of two draft SAB 52585500048F4BA?OpenDocument. with original signature. Submitters are reports: (1) SAB Peer Review of EPA’s The SAB quality review process ensures requested to provide a signed and Revised Guidelines for Preparing that all draft reports developed by SAB unsigned version of each document Economic Analyses, and (2) Review of panels, committees or workgroups are because the SAB Staff Office does not EPA’s Reduced Form Tools Evaluation. reviewed and approved by the publish documents with signatures on DATES: The public meeting of the Chartered SAB before being finalized its websites. Members of the public Chartered Science Advisory Board will and transmitted to the EPA should be aware that their personal be held on Thursday, November 12, Administrator. These reviews are contact information, if included in any 2020, from 1 p.m. to 5 p.m. (Eastern conducted in a public meeting as written comments, may be posted to the Time). required by FACA. SAB website. Copyrighted material will Technical Contacts: Any technical not be posted without explicit ADDRESSES: The public meeting will be questions concerning EPA’s document permission of the copyright holder. conducted remotely via webcast and titled Guidelines for Preparing Accessibility: For information on telephone. Please refer to the SAB Economic Analyses should be directed access or services for individuals with website at http://www.epa.gov/sab for to Dr. Al McGartland mcgartland.al@ disabilities, please contact Dr. Armitage information on how to access the epa.gov and Dr. [email protected] at the phone number or email address meeting. Simon. Any technical questions noted above, preferably at least ten days FOR FURTHER INFORMATION CONTACT: Any concerning EPA’s document titled prior to the meeting, to give the EPA as member of the public who wants further Evaluating Reduced-Form Tools for much time as possible to process your information concerning the public Estimating Air Quality Benefits should request. meeting may contact Dr. Thomas be directed to Dr. Erika Sasser V. Khanna Johnston, Armitage, Designated Federal Officer ([email protected]). (DFO), U.S. EPA Science Advisory Deputy Director, EPA Science Advisory Board Availability of Meeting Materials: Staff Office. Board, via telephone/voice mail (202) Prior to the meeting, an agenda and 564–2155, or email at armitage.thomas@ other meeting materials will be placed [FR Doc. 2020–20883 Filed 9–21–20; 8:45 am] epa.gov. General information on the SAB website at http://epa.gov/ BILLING CODE 6560–50–P concerning the SAB can be found on the sab. EPA website at http://www.epa.gov/sab. Procedures for Providing Public Input: ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Public comment for consideration by AGENCY Background: The SAB was established EPA’s federal advisory committees and pursuant to the Environmental panels has a different purpose from [CERCLA 02–2020–2013; FRL–10014–16– Research, Development, and public comment provided to EPA Region 2] program offices. Therefore, the process Demonstration Authorization Act Proposed CERCLA Cost Recovery for submitting comments to a federal (ERDDAA), codified at 42 U.S.C. 4365, Settlement for Operable Unit Two of advisory committee is different from the to provide independent scientific and the Diamond Alkali Superfund Site, In process used to submit comments to an technical advice to the Administrator on or About Essex and Hudson Counties, EPA program office. the scientific and technical basis for New Jersey agency positions and regulations. The Federal advisory committees and SAB is a Federal Advisory Committee panels, including scientific advisory AGENCY: Environmental Protection chartered under the Federal Advisory committees, provide independent Agency. Committee Act (FACA), 5 U.S.C., App. advice to the EPA. Members of the ACTION: Notice; request for public 2. The SAB will comply with the public can submit relevant comments comment. provisions of FACA and all appropriate pertaining to the committee’s charge or SAB Staff Office procedural policies. meeting materials. Input from the public SUMMARY: In accordance with the Pursuant to FACA and EPA policy, to the SAB will have the most impact if Comprehensive Environmental notice is hereby given that the Chartered it provides specific scientific or Response, Compensation, and Liability SAB will hold a public meeting to technical information or analysis for the Act of 1980, as amended (‘‘CERCLA’’), discuss and deliberate on the topics SAB to consider or if it relates to the notice is hereby given by the U.S. below. clarity or accuracy of the technical Environmental Protection Agency The Chartered SAB will conduct a information. Members of the public (‘‘EPA’’), Region 2, of a proposed cost quality review of the SAB Economic wishing to provide comment should recovery settlement agreement pursuant Guidelines Review Panel report titled contact the DFO directly. to CERCLA, between the EPA and six

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settling parties (‘‘Settling Parties’’) ENVIRONMENTAL PROTECTION withdraw its consent to the proposed regarding Operable Unit Two of the AGENCY modification if comments received disclose facts or considerations that Diamond Alkali Superfund Site (‘‘Site’’), [CERCLA–02–2017–2008; FRL–10013–40– located in or about Essex and Hudson Region 2] indicate that the proposed modification Counties, New Jersey. Pursuant to the is inappropriate, improper, or proposed cost recovery settlement Proposed CERCLA Sections 104, 106, inadequate. EPA’s response to any agreement, each Settling Party shall pay 107 and 122 Modification to Settlement comments received will be available for to EPA $280,600.00 for each facility Agreement and Order on Consent for public inspection online and/or at EPA listed for the Settling Party in Appendix Removal Action by Bona Fide Region 2, 290 Broadway, New York, A of the proposed settlement agreement Prospective Purchaser for the Alfred New York 10007–1866. to resolve the Settling Party’s civil Heller Heat Treating Superfund Site, Dated: September 14, 2020. liability under CERCLA, related to City of Clifton, Passaic County, New Pasquale Evangelista, Operable Unit Two of the Site for the Jersey Director, Superfund and Emergency Management Division, U.S. Environmental facility. AGENCY: Environmental Protection Protection Agency, Region 2. Agency. DATES: Comments must be submitted on [FR Doc. 2020–20809 Filed 9–21–20; 8:45 am] or before October 22, 2020. ACTION: Notice; request for public comment. BILLING CODE 6560–50–P ADDRESSES: The proposed settlement agreement is available for public SUMMARY: In accordance with the Comprehensive Environmental ENVIRONMENTAL PROTECTION inspection at https://semspub.epa.gov/ AGENCY src/document/02/591178. Response, Compensation and Liability Act (‘‘CERCLA’’) of 1980, as amended, [EPA–HQ–OPP–2017–0751; FRL–10014–69] FOR FURTHER INFORMATION CONTACT: notice is hereby given by the U.S. Juan M. Fajardo, Assistant Regional Environmental Protection Agency Pesticide Registration Review; Interim Counsel, Office of Regional Counsel, (‘‘EPA’’), Region 2, of a proposed Decisions for the Triazines; Notice of U.S. Environmental Protection Agency. modification to a bona fide prospective Availability purchaser settlement agreement, with Email: [email protected] Telephone: AGENCY: Environmental Protection 212–637–3132. 356 Getty Avenue, LLC for the Alfred Agency (EPA). Heller Heat Treating Superfund Site ACTION: SUPPLEMENTARY INFORMATION: The (‘‘Site’’), located in the City of Clifton, Notice. proposed cost recovery settlement Passaic County, New Jersey. SUMMARY: This notice announces the agreement is subject to a thirty (30) day DATES: Comments must be submitted on availability of EPA’s interim registration public comment period. Following the or before October 7, 2020. review decisions for the triazines date of publication of this notice, EPA ADDRESSES: Comments can be sent via (atrazine, propazine, and simazine). will receive written comments email to Deborah Schwenk at FOR FURTHER INFORMATION CONTACT: concerning the proposed cost recovery [email protected]. Comments For pesticide specific information, settlement agreement. Comments to the should reference the Alfred Heller Heat contact: The Chemical Review Manager proposed settlement agreement should Treating Superfund Site, City of Clifton, for the pesticide of interest identified in reference Operable Unit Two of the Passaic County, New Jersey, Index No. the Table in Unit IV. Diamond Alkali Superfund Site, Index II–CERCLA–02–2017–2008. The For general information on the No. CERCLA–02–2020–2013. EPA will proposed settlement is available for registration review program, contact: consider all comments received during public inspection at this weblink: Melanie Biscoe, Pesticide Re-evaluation the 30-day public comment period and https://semspub.epa.gov/src/document/ Division (7508P), Office of Pesticide may modify or withdraw its consent to 02/598770. Programs, Environmental Protection the settlement agreement if comments FOR FURTHER INFORMATION CONTACT: Agency, 1200 Pennsylvania Ave. NW, received disclose facts or considerations Deborah Schwenk, Assistant Regional Washington, DC 20460–0001; telephone that indicate that the proposed Counsel, Office of Regional Counsel, number: (703) 305–7106; email address: settlement agreement is inappropriate, U.S. Environmental Protection Agency. [email protected]. improper, or inadequate. EPA’s Email: [email protected]. SUPPLEMENTARY INFORMATION: response to comments will be available Telephone: 212–637–3149. I. General Information for public inspection online and/or at SUPPLEMENTARY INFORMATION: Under the EPA’s Region 2 offices located at 290 proposed modification, 356 Getty Does this action apply to me? Broadway, New York, NY 10007–1866. Avenue, LLC agrees to perform certain This action is directed to the public response actions at the Site in addition in general, and may be of interest to a Date: September 14, 2020. to those already required by the bona wide range of stakeholders including Pasquale Evangelista, fide prospective purchaser agreement. environmental, human health, farm Director, Superfund and Emergency The terms and conditions of the bona worker, and agricultural advocates; the Management Division, U.S. Environmental fide prospective purchaser agreement chemical industry; pesticide users; and Protection Agency, Region 2. are neither altered nor affected by the members of the public interested in the [FR Doc. 2020–20811 Filed 9–21–20; 8:45 am] proposed modification except as sale, distribution, or use of pesticides. BILLING CODE 6560–50–P expressly provided in the proposed Since others also may be interested, the modification. For fourteen (14) days Agency has not attempted to describe all following the date of publication of this the specific entities that may be affected document, EPA will receive written by this action. If you have any questions comments relating to the proposed regarding the applicability of this action modification. EPA will consider all to a particular entity, consult the comments received and may modify or pesticide specific contact person listed

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under FOR FURTHER INFORMATION including its effects on human health in accordance with widespread and CONTACT section. and the environment. commonly recognized practice, the pesticide product must perform its II. Background III. Authority intended function without unreasonable Registration review is EPA’s periodic EPA is conducting its registration adverse effects on the environment; that review of pesticide registrations to review of the chemicals listed in the is, without any unreasonable risk to ensure that each pesticide continues to Table in Unit IV pursuant to section 3(g) man or the environment, or a human satisfy the statutory standard for of the Federal Insecticide, Fungicide, dietary risk from residues that result registration, that is, the pesticide can and Rodenticide Act (FIFRA) and the from the use of a pesticide in or on food. perform its intended function without Procedural Regulations for Registration unreasonable adverse effects on human Review at 40 CFR part 155, subpart C. IV. What action is the Agency taking? health or the environment. As part of Section 3(g) of FIFRA provides, among Pursuant to 40 CFR 155.58, this notice the registration review process, the other things, that the registrations of announces the availability of EPA’s Agency has completed interim decisions pesticides are to be reviewed every 15 interim registration review decisions for for all pesticides listed in the Table in years. Under FIFRA, a pesticide product the pesticides shown in the following Unit IV. Through this program, EPA is may be registered or remain registered table. The interim registration review ensuring that each pesticide’s only if it meets the statutory standard decisions are supported by rationales registration is based on current for registration given in FIFRA section included in the docket established for scientific and other knowledge, 3(c)(5) (7 U.S.C. 136a(c)(5)). When used each chemical.

REGISTRATION REVIEW INTERIM DECISIONS BEING ISSUED

Registration review case name and No. Docket ID No. Chemical review manager and contact information

Atrazine, Case Number 0062 ...... EPA–HQ–OPP–2013–0266 ...... Alexander Hazlehurst, [email protected], (703) 347– 0221. Propazine, Case Number 0230 ...... EPA–HQ–OPP–2013–0250 ...... Carolyn Smith, [email protected], (703) 347–8325. Simazine, Case Number 0070 ...... EPA–HQ–OPP–2013–0251 ...... Christian Bongard, [email protected], (703) 347–0337.

The proposed interim registration ENVIRONMENTAL PROTECTION Gas Company (‘‘PSE&G’’) (and its review decisions for the chemicals in AGENCY affiliate, PSEG Fossil, LLC); Sasol North the table above were posted to the America Inc. and Sasol Chemicals docket and the public was invited to [CERCLA–02–2019–2008; FRL–10014–05- (USA) LLC; and Superfund Management submit any comments or new Region 2] Operations, a series of Evergreen Resources Group, LLC on behalf of itself information. EPA addressed the Proposed Administrative Settlement and ETC Sunoco Holdings LLC f/k/a comments or information received Agreement and Order on Consent for Sunoco, Inc. (collectively during the 60-day comment period for Removal Action for the Pure Earth ‘‘Respondents’’). the proposed interim decisions in the Recycling Superfund Site, City of discussion for each pesticide listed in Vineland, Cumberland County, New DATES: Comments must be submitted on the table. Comments from the 60-day Jersey or before October 22, 2020. comment period that were received may ADDRESSES: Comments can be sent via AGENCY: Environmental Protection or may not have affected the Agency’s email to Clay Monroe at monroe.clay@ Agency. interim decision. Pursuant to 40 CFR epa.gov. Comments should reference the 155.58(c), the registration review case ACTION: Notice; request for public Pure Earth Recycling Superfund Site, docket for the chemicals listed in the comment. City of Vineland, New Jersey, Table will remain open until all actions Administrative Settlement Agreement SUMMARY: In accordance with the required in the interim decision have Comprehensive Environmental and Order on Consent for Removal been completed. Response, Compensation, and Liability Action, Index No. CERCLA–02–2019– Background on the registration review Act of 1980, as amended (‘‘CERCLA’’), 2008. program is provided at: http:// notice is hereby given that the U.S. The proposed Settlement Agreement is available for public inspection at this www.epa.gov/pesticide-reevaluation. Environmental Protection Agency weblink: https://semspub.epa.gov/src/ Authority: 7 U.S.C. 136 et seq. (‘‘EPA’’), Region 2, has entered into a proposed settlement, embodied in an document/02/615528. Dated: September 9, 2020. Administrative Settlement Agreement FOR FURTHER INFORMATION CONTACT: Clay Mary Reaves, and Order on Consent for Removal Monroe, Attorney, Office of Regional Acting Director, Pesticide Re-Evaluation Action (‘‘Settlement Agreement’’), with Counsel, New Jersey Superfund Branch, Division, Office of Pesticide Programs. Consolidated Edison Company of New U.S. Environmental Protection Agency. Email: [email protected]. [FR Doc. 2020–20879 Filed 9–18–20; 12:00 pm] York, Inc.; Exxon Mobil Corporation Telephone: 212–637–3142. BILLING CODE 6560–50–P and ExxonMobil Oil Corp.; Hess Corporation; International-Matex Tank SUPPLEMENTARY INFORMATION: Under the Terminals LLC; Infineum USA L.P.; Settlement Agreement, the Respondents Lorco Petroleum Services; National Grid agree to carry out a removal action to USA; Patrick J. Kelly Drums, Inc.; remove sludge from an above-ground Philadelphia Gas Works, by the storage tank at the Pure Earth Recycling Philadelphia Facilities Management Superfund Site (‘‘Site’’). In addition, the Corporation; Public Service Electric and Respondents agree to pay a portion of

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the past costs incurred by EPA at the products containing currently registered applies to them. Potentially affected Site (‘‘Past Response Costs’’) and certain active ingredients. Pursuant to the entities may include: future response costs to be incurred by Federal Insecticide, Fungicide, and • Crop production (NAICS code 111). EPA during the removal action (‘‘Future Rodenticide Act (FIFRA), EPA is hereby • Animal production (NAICS code Response Costs’’). providing notice of receipt and 112). Notice of this proposed administrative opportunity to comment on these • Food manufacturing (NAICS code settlement is made in accordance with applications. 311). section 122(i) of CERCLA. The DATES: Comments must be received on B. What should I consider as I Prepare Settlement Agreement concerns a or before October 22, 2020. my comments for EPA? removal action to be performed at the ADDRESSES: Submit your comments, Site by the Respondents. The 1. Submitting CBI. Do not submit this identified by the docket identification performance of this work by the information to EPA through (ID) number and the File Symbol of the Respondents will be approved and regulations.gov or email. Clearly mark EPA registration Number of interest as monitored by EPA. Under the the part or all of the information that shown in the body of this document, by Settlement Agreement EPA will also you claim to be CBI. For CBI one of the following methods: receive from the Respondents a payment information in a disk or CD–ROM that • Federal eRulemaking Portal: http:// of $750,000.00 in partial reimbursement you mail to EPA, mark the outside of the www.regulations.gov. Follow the online for Past Response Costs incurred by EPA disk or CD–ROM as CBI and then instructions for submitting comments. with respect to the Site. This represents identify electronically within the disk or Do not submit electronically any a compromise payment for Past CD–ROM the specific information that information you consider to be Response Costs. The Settlement is claimed as CBI. In addition to one Confidential Business Information (CBI) Agreement provides, in exchange for the complete version of the comment that or other information whose disclosure is work and above payment, a covenant includes information claimed as CBI, a restricted by statute. not to sue by EPA or to take copy of the comment that does not • Mail: OPP Docket, Environmental administrative action against the contain the information claimed as CBI Protection Agency Docket Center (EPA/ Respondents pursuant to Sections 106 must be submitted for inclusion in the DC), (28221T), 1200 Pennsylvania Ave. and 107(a) of CERCLA, 42 U.S.C. 9606 public docket. Information so marked NW, Washington, DC 20460–0001. and 9607(a), with regard to Work, Past will not be disclosed except in • Hand Delivery: To make special Response Costs, or Future Response accordance with procedures set forth in arrangements for hand delivery or Costs. 40 CFR part 2. delivery of boxed information, please 2. Tips for preparing your comments. For thirty (30) days following the date follow the instructions at https:// When preparing and submitting your of publication of this notice, EPA will www.epa.gov/dockets/where-send- comments, see the commenting tips at receive written comments relating to the comments-epa-dockets. https://www.epa.gov/dockets/ Settlement Agreement. EPA will Due to the public health concerns commenting-epa-dockets. consider all comments received and related to COVID–19, the EPA Docket may modify or withdraw its consent to Center (EPA/DC) and Reading Room is II. Registration Applications the settlement if comments received closed to visitors with limited EPA has received applications to disclose facts or considerations that exceptions. The staff continues to register new uses for pesticide products indicate that the proposed settlement is provide remote customer service via containing currently registered active inappropriate, improper, or inadequate. email, phone, and webform. For the ingredients. Pursuant to the provisions EPA’s response to any comments latest status information on EPA/DC of FIFRA section 3(c)(4) (7 U.S.C. received will be available for public services and docket access, visit https:// 136a(c)(4)), EPA is hereby providing inspection online and/or at EPA Region www.epa.gov/dockets. notice of receipt and opportunity to 2, 290 Broadway, New York, NY 10007– comment on these applications. Notice 1866. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration of receipt of these applications does not Dated: September 16, 2020. Division (7505P), main telephone imply a decision by the Agency on these Pasquale Evangelista, number: (703) 305–7090, email address: applications. Director, Superfund & Emergency [email protected]. The mailing A. Notice of Receipts—New Uses Management Division, U.S. Environmental address is: Office of Pesticide Programs, Protection Agency, Region 2. Environmental Protection Agency, 1200 1. EPA Registration Numbers: 62719– [FR Doc. 2020–20813 Filed 9–21–20; 8:45 am] Pennsylvania Ave. NW, Washington, DC 437, 62719–442. Docket ID number: EPA–HQ–OPP–2020–0336. Applicant: BILLING CODE 6560–50–P 20460–0001. As part of the mailing address, include the contact person’s Dow AgroSciences LLC, 9330 Zionsville name, division, and mail code. Road, Indianapolis, IN, 46268. Active ENVIRONMENTAL PROTECTION ingredient: Methoxyfenozide. Product SUPPLEMENTARY INFORMATION: AGENCY type: Insecticide. Proposed uses: I. General Information Vegetable, leafy, group 4–16; vegetable, [EPA–HQ–OPP–2020–0052; FRL–10014–76] brassica, head and stem, group 5–16; A. Does this action apply to me? Pesticide Product Registration; celtuce; fennel, Florence, fresh leaves Receipt of Applications for New Uses You may be potentially affected by and stalk; kohlrabi; leaf petiole (August 2020) this action if you are an agricultural vegetable subgroup 22B; tropical and producer, food manufacturer, or subtropical, palm fruit, edible peel, AGENCY: Environmental Protection pesticide manufacturer. The following subgroup 23C; tropical and subtropical, Agency (EPA). list of North American Industrial small fruit, inedible peel, subgroup 24A; ACTION: Notice. Classification System (NAICS) codes is cottonseed subgroup 20C; French bean, not intended to be exhaustive, but rather edible podded; garden bean, edible SUMMARY: EPA has received applications provides a guide to help readers podded; green bean, edible podded; to register new uses for pesticide determine whether this document scarlet runner bean, edible podded;

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snap bean, edible podded; kidney bean, bean, dry seed; moth bean, dry seed; FOR FURTHER INFORMATION CONTACT: edible podded; navy bean, edible rice bean, dry seed; urd bean, dry seed; Henry Guzman, Attorney, Office of podded; wax bean, edible podded; yardlong bean, dry seed; broad bean, dry Regional Counsel, New York/Caribbean asparagus bean, edible podded; catjang seed; guar bean, dry seed; goa bean, dry Superfund Branch, U.S. Environmental bean, edible podded; Chinese longbean, seed; horse gram, dry seed; jackbean, Protection Agency, 290 Broadway, 17th edible podded; cowpea, edible podded; dry seed; lablab bean, dry seed; morama Floor, New York, NY 10007–1866. moth bean, edible podded; mung bean, bean, dry seed; sword bean, dry seed; Email: [email protected], edible podded; rice bean, edible winged pea, dry seed; velvet bean, seed, Telephone: 212–637–3166. podded; urd bean, edible podded; dry seed; vegetable soybean, dry seed; SUPPLEMENTARY INFORMATION: The yardlong bean, edible podded; goa bean, field pea, dry seed; dry pea, dry seed; Settling Party will pay $30,000 to the edible podded; guar bean, edible green pea, dry seed; garden pea, dry EPA Hazardous Substance Superfund in podded; jackbean, edible podded; lablab seed; chickpea, dry seed; lentil, dry reimbursement of EPA’s past response bean, edible podded; vegetable soybean, seed; grass-pea, dry seed; pigeon pea, costs paid at or in connection with the edible podded; sword bean, edible dry seed; rice. Contact: RD. Site, and it also agrees to market and podded; winged pea, edible podded; Authority: 7 U.S.C. 136 et seq. sell those portions of the Site property velvet bean, edible podded; dwarf pea, Dated: September 10, 2020. owned by the Settling Party (‘‘Site edible podded; edible podded pea, Property’’) and pay to EPA the net Delores Barber, edible podded; green pea, edible proceeds from the sale of the Site podded; snap pea, edible podded; snow Director, Information Technology and Property. Resources Management Division, Office of pea, edible podded; sugar snap pea, Pesticide Programs. The settlement includes a covenant by edible podded; grass-pea, edible EPA not to sue or to take administrative podded; lentil, edible podded; pigeon [FR Doc. 2020–20884 Filed 9–21–20; 8:45 am] action against the Settling Party pea, edible podded; chickpea, edible BILLING CODE 6560–50–P pursuant to section 107(a) of CERCLA, podded; Lima bean, succulent shelled; 42 U.S.C. 9607(a), with regard to the scarlet runner bean, succulent shelled; ENVIRONMENTAL PROTECTION response costs related to the work wax bean, succulent shelled; blackeyed AGENCY performed at the Site by EPA as pea, succulent shelled; moth bean, enumerated in the settlement succulent shelled; catjang bean, [CERCLA–02–2020–2012; FRL 10014–52– agreement. For thirty (30) days succulent shelled; cowpea, succulent Region 2] following the date of publication of this shelled; crowder pea, succulent shelled; notice of the proposed settlement, EPA southern pea, succulent shelled; Proposed CERCLA Cost Recovery will receive written comments relating Andean lupin, succulent shelled; blue Settlement for the Charlestown Mall to the settlement. EPA will consider all lupin, succulent shelled; grain lupin, Site, Utica and Frankfort, Oneida and comments received and may modify or succulent shelled; sweet lupin, Herkimer Counties, New York withdraw its consent to the settlement succulent shelled; white lupin, if comments received disclose facts or succulent shelled; white sweet lupin, AGENCY: Environmental Protection considerations that indicate that the succulent shelled; yellow lupin, Agency. proposed settlement is inappropriate, succulent shelled; broad bean, succulent ACTION: Notice; request for public improper, or inadequate. EPA’s shelled; jackbean, succulent shelled; goa comment. response to any comments received will bean, succulent shelled; lablab bean, be available for public inspection at succulent shelled; vegetable soybean, SUMMARY: In accordance with the EPA Region 2, 290 Broadway, New succulent shelled; velvet bean, Comprehensive Environmental York, New York 10007–1866. succulent shelled; chickpea, succulent Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), Dated: September 14, 2020. shelled; English pea, succulent shelled; Pasquale Evangelista, garden pea, succulent shelled; green notice is hereby given by the U.S. Director, Superfund & Emergency pea, succulent shelled; pigeon pea, Environmental Protection Agency (‘‘EPA’’), Region 2, of a proposed cost Management Division, U.S. Environmental succulent shelled; lentil, succulent Protection Agency, Region 2. shelled; African yam-bean, dry seed; recovery settlement agreement pursuant [FR Doc. 2020–20812 Filed 9–21–20; 8:45 am] American potato bean, dry seed; to CERCLA with Charlestown Mall of Andean lupin bean, dry seed; blue lupin Utica, LLC (the ‘‘Settling Party’’) for the BILLING CODE 6560–50–P bean, dry seed; grain lupin bean, dry Charlestown Mall Site, consisting of two seed; sweet lupin bean, dry seed; white adjacent parcels, one in the City of lupin bean, dry seed; white sweet lupin Utica, Oneida County, New York, the FEDERAL COMMUNICATIONS bean, dry seed; yellow lupin bean, dry other in the Town of Frankfort, COMMISSION seed; black bean, dry seed; cranberry Herkimer County, New York. bean, dry seed; dry bean, dry seed; field DATES: Comments must be submitted on [DA 20–1066; FRS 17073] or before October 22, 2020. bean, dry seed; French bean, dry seed; Disability Advisory Committee; ADDRESSES: garden bean, dry seed; great northern The proposed settlement is Announcement of Fourth Meeting bean, dry seed; green bean, dry seed; available for public inspection at EPA kidney bean, dry seed; Lima bean, dry Region 2 offices at 290 Broadway, New AGENCY: Federal Communications seed; navy bean, dry seed; pink bean, York, New York 10007–1866. Comments Commission. dry seed; pinto bean, dry seed; red bean, should reference the Charlestown Mall ACTION: Notice. dry seed; scarlet runner bean, dry seed; Site, located in Utica and Frankfort, tepary bean, dry seed; yellow bean, dry Oneida and Herkimer Counties, New SUMMARY: In this document, the seed; adzuki bean, dry seed; asparagus York, Index No. CERCLA–02–2020– Commission announces and provides an bean, dry seed; catjang bean, dry seed; 2012. To request a copy of the proposed agenda for the fourth meeting of the Chinese longbean, dry seed; cowpea, settlement agreement, please contact the third term of its Disability Advisory dry seed; crowder pea, dry seed; mung EPA employee identified below. Committee (DAC or Committee).

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DATES: Wednesday, October 14, 2020. § 225.41 of the Board’s Regulation Y (12 DEPARTMENT OF HEALTH AND The meeting will come to order at 1:30 CFR 225.41) to acquire shares of a bank HUMAN SERVICES p.m. Eastern Time. or bank holding company. The factors ADDRESSES: The DAC meeting will be that are considered in acting on the Administration for Children and held remotely, with video and audio applications are set forth in paragraph 7 Families coverage at www.fcc.gov/live. of the Act (12 U.S.C. 1817(j)(7)). [OMB #0970–0446] FOR FURTHER INFORMATION CONTACT: Will The public portions of the Schell, Designated Federal Officer applications listed below, as well as Proposed Information Collection (DFO), at (202) 418–0767 or DAC@ other related filings required by the Activity; TANF Expenditure Report, fcc.gov; or Debra Patkin, Deputy DFO, at Board, if any, are available for ACF–196R (202) 870–5226. immediate inspection at the Federal Reserve Bank(s) indicated below and at AGENCY: Office of Family Assistance, SUPPLEMENTARY INFORMATION: This the offices of the Board of Governors. Administration for Children and meeting is open to members of the Families, HHS. general public. The meeting will be This information may also be obtained ACTION: webcast with American Sign Language on an expedited basis, upon request, by Request for public comment. contacting the appropriate Federal interpreters and open captioning at: SUMMARY: The Administration for www.fcc.gov/live. In addition, a Reserve Bank and from the Board’s Freedom of Information Office at Children and Families (ACF) is reserved amount of time will be requesting a 3-year extension of the available on the agenda for comments https://www.federalreserve.gov/foia/ request.htm. Interested persons may Temporary Assistance for Needy and inquiries from the public. Members Families (TANF) Expenditure Report, of the public may comment or ask express their views in writing on the standards enumerated in paragraph 7 of Form ACF–196R (OMB #0970–0446, questions of presenters via the email expiration 2/28/2021). ACF is reporting address [email protected]. the Act. Comments regarding each of these a change to remove certain guidance Requests for other reasonable that was associated with an earlier accommodations or for materials in applications must be received at the Reserve Bank indicated or the offices of ACF–196 report in order to devote the accessible formats for people with instructions to the singular ACF–196R disabilities should be submitted via the Board of Governors, Ann E. Misback, Secretary of the Board, 20th report. In addition, ACF has clarified email to: [email protected] or by calling instructions where states have the Consumer and Governmental Affairs Street and Constitution Avenue NW, Washington DC 20551–0001, not later previously expressed confusion and has Bureau at (202) 418–0530. Such requests reorganized the format and chronology should include a detailed description of than October 7, 2020. A. Federal Reserve Bank of Boston of section headers to better reflect the the accommodation needed and a way (Prabal Chakrabarti, Senior Vice flow of the TANF reporting process. for the FCC to contact the requester if President) 600 Atlantic Avenue, Boston, DATES: more information is needed to fill the Comments due within 60 days of Massachusetts 02210–2204. Comments request. Requests should be made as publication. In compliance with the can also be sent electronically to early as possible; last minute requests requirements of Section 3506(c)(2)(A) of BOS.SRC.Applications.Comments@ will be accepted but may not be possible the Paperwork Reduction Act of 1995, bos.frb.org: the Administration for Children and to accommodate. 1. James S. Wilson Family Trust, Proposed Agenda: At this meeting, Families is soliciting public comment James S. Wilson, as trustee, both of the DAC is expected to receive and on the specific aspects of the Lexington, Massachusetts; to acquire consider reports and recommendations information collection described above. voting shares of Patriot Community from its subcommittees. The DAC may ADDRESSES: Copies of the proposed Bank, Woburn, Massachusetts. also receive briefings from Commission collection of information can be B. Federal Reserve Bank of staff on issues of interest to the obtained and comments may be Minneapolis (Chris P. Wangen, Committee and may discuss topics of forwarded by emailing infocollection@ Assistant Vice President), 90 Hennepin interest to the committee, including, but acf.hhs.gov. Alternatively, copies can Avenue, Minneapolis, Minnesota not limited to, matters concerning also be obtained by writing to the 55480–0291: Administration for Children and communications transitions, 1. The Vanguard Group, Inc., telecommunications relay services, Families, Office of Planning, Research, Malvern, Pennsylvania; on behalf of and Evaluation (OPRE), 330 C Street emergency access, and video itself, its subsidiaries and affiliates, programming accessibility. SW, Washington, DC 20201, Attn: ACF including investment companies Reports Clearance Officer. All requests, Federal Communications Commission. registered under the Investment emailed or written, should be identified Suzanne Singleton, Company Act of 1940, other pooled by the title of the information collection. Chief, Disability Rights Office, Consumer and investment vehicles, and institutional SUPPLEMENTARY INFORMATION: Governmental Affairs Bureau. accounts that are sponsored, managed, Description: Grantees of the TANF [FR Doc. 2020–20857 Filed 9–21–20; 8:45 am] or advised by Vanguard; to acquire more program are required by statute to report BILLING CODE 6712–01–P than 15 percent of the voting shares of Ameriprise Financial, Inc., and thereby financial data on a quarterly basis. Form indirectly acquire voting shares of ACF–196R is used by states administering the TANF program to FEDERAL RESERVE SYSTEM Ameriprise Bank, FSB, both of Minneapolis, Minnesota. report these quarterly expenditure data Change in Bank Control Notices; and to request quarterly grant funds. Board of Governors of the Federal Reserve Failure to collect the data would Acquisitions of Shares of a Bank or System, September 17, 2020. Bank Holding Company seriously compromise the Office of Yao-Chin Chao, Family Assistance and ACF’s ability to The notificants listed below have Assistant Secretary of the Board. monitor TANF expenditures and applied under the Change in Bank [FR Doc. 2020–20889 Filed 9–21–20; 8:45 am] compliance with statutory requirements. Control Act (Act) (12 U.S.C. 1817(j)) and BILLING CODE P These data are also needed to estimate

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outlays and to prepare reports and Respondents: State agencies budget submissions for Congress. administering the TANF program (50 States and the District of Columbia).

ANNUAL BURDEN ESTIMATES

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

TANF Expenditure Report, Form ACF–196R ...... 51 4 14 2,856 952

Estimated Total Annual Burden Organ Donation Program). This final Summary of Comments and HRSA Hours: 952. notice responds to comments, describes Responses Comments: The Department the revision to the eligibility criteria to On March 31, 2020 (85 FR 17894), specifically requests comments on (a) incorporate the reimbursable categories HRSA published a notice in the Federal whether the proposed collection of of qualifying expenses added by an HHS Register requesting comments on the information is necessary for the proper final rule published elsewhere in the proposed eligibility criteria for the performance of the functions of the issue of the Federal Register, and Program. HRSA requested public agency, including whether the finalizes the Program Eligibility comment concerning proposed changes information shall have practical utility; Guidelines. to the guidelines to: Increase the (b) the accuracy of the agency’s estimate FOR FURTHER INFORMATION CONTACT: household income eligibility threshold of the burden of the proposed collection Frank Holloman, Director, Division of to 350 percent of the HHS Poverty of information; (c) the quality, utility, Transplantation, Healthcare Systems Guidelines (from the current threshold and clarity of the information to be Bureau, HRSA, 5600 Fishers Lane, of 300 percent) for living organ donors collected; and (d) ways to minimize the Room 08W53A, Rockville, Maryland and organ recipients, clarify the use of burden of the collection of information 20857; telephone (301) 443–7577; or the existing preference categories in on respondents, including through the email [email protected]. relation to the proposed household use of automated collection techniques SUPPLEMENTARY INFORMATION: Congress income eligibility threshold, and clarify or other forms of information has provided specific authority under that travel and subsistence expenses technology. Consideration will be given section 377 of the Public Health Service incurred by non-directed living organ to comments and suggestions submitted (PHS) Act, as amended, 42 U.S.C. 274f, donors 1 qualify as reimbursable within 60 days of this publication. for providing reimbursement of expenses under the Program. HRSA also Authority: Social Security Act, Section qualifying expenses incurred toward proposed revision of the Program 409; 45 CFR 265.3–265.9. living organ donation with preference eligibility guidelines’ background John M. Sweet Jr., for those for whom paying such section to ensure that the information expenses would create a financial ACF/OPRE Certifying Officer. aligns with the Program’s legislative hardship. In August 2019, HRSA authority. These proposed guidelines [FR Doc. 2020–20900 Filed 9–21–20; 8:45 am] awarded a 5-year, $16,250,000 would apply to the Program regardless BILLING CODE 4184–36–P cooperative agreement to the University of the recipient of the cooperative of Kansas Medical Center Research agreement that administers the Program. Institute, Inc. to administer this DEPARTMENT OF HEALTH AND HRSA received a total of seventy- Program. HUMAN SERVICES seven comments from the public. Congress requires that the Secretary in Comments were received from Health Resources and Services carrying out this Program give individuals, including prior living Administration preference to those individuals the donors, and professional and patient Secretary determines are more likely to stakeholder organizations. None of the Reimbursement of Travel and be unable to pay for the qualifying commenters opposed HRSA’s efforts to Subsistence Expenses Toward Living expenses associated with the donation expand eligibility under the Program, Organ Donation Program Eligibility process. In addition, Congress requires although two commenters expressed Guidelines that funds from the Program not be used concern about the effectiveness of the to reimburse qualifying expenses Program, and most commenters AGENCY: Health Resources and Services associated with being a living organ expressed interest in further expanding Administration (HRSA), Department of donor, if the donor has received any the program. Sixty-eight of the Health and Human Services (HHS). payments or is expected to receive any commenters proposed that HRSA ACTION: Final notice; response to payments related to these expenses increase the income eligibility threshold solicitation of comments and from: for the recipient and the donor of the publication of final program eligibility (1) Any State compensation program, organ beyond the proposed 350 percent guidelines an insurance policy, or a Federal or of the HHS Poverty Guidelines. HRSA State health benefits program; assumes that recipients whose income SUMMARY: A notice was published in the (2) an entity that provides health Federal Register on March 31, 2020, to services on a prepaid basis; or 1 Living organ donations can be either ‘‘directed’’ solicit comments on the eligibility (3) the recipient of the organ. (the organ is intended for an individual named or criteria that were proposed by HRSA In addition, the authorizing statute specified by the living organ donor), or ‘‘non- concerning the Living Organ Donation requires the Secretary to give preference directed’’ (the organ is intended for an individual neither named nor specified by the donor) as Reimbursement Program (formerly to living organ donors who are ‘‘more defined at https://optn.transplant.hrsa.gov/ Reimbursement of Travel and likely to be otherwise unable to meet resources/ethics/living-non-directed-organ- Subsistence Expenses toward Living such expenses.’’ donation/.

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exceeds this level will have the ability indicate undue hardship if the recipient expected to be reimbursed by the to reimburse the living organ donor for were to reimburse the donor’s expenses. recipient of the organ. Therefore, HRSA the qualified expenses incurred toward HRSA will closely monitor the expects the recipient of the cooperative living organ donation. HRSA also Program’s ability to adequately address agreement to provide education and assumes that donors whose income is the reimbursement needs of applicants clarity on the process for demonstrating below this threshold are ‘‘more likely to meeting any of the four preference financial hardship. HRSA acknowledges be otherwise unable to meet such categories based on the 350 percent that determining recipients’ financial expenses.’’ Fifty-one of these income threshold defined in the hardship may be administratively eligibility criteria, including those commenters specified that the threshold burdensome and is committed to applicants who meet the financial should be at least 500 percent of the working with the recipient of the HHS Poverty Guidelines. Forty-four hardship criteria. This is especially important to monitor in relation to cooperative agreement to develop commenters suggested that eligibility procedures to minimize burden while should not be linked to the recipient’s HRSA’s recent regulatory action meeting the statutory requirements. income. Four commenters remarked that permitting reimbursement of lost wages Therefore, HRSA has decided to reimbursement should be available to and child-care and elder-care expenses all living organ donors without through the Program. This expansion of maintain consideration of recipient conditions. Finally, three commenters eligible expenses is expected to further income in the preference categories at expressed concern that the eligibility remove financial disincentives to living this time. organ donation and expand criteria do not adequately consider the III. Response to Comment That participation in the Program. However, financial burdens that may occur when Reimbursement Should Be Provided to the full impact of the expansion of both the living organ donor and the All Living Donors Without Regard to transplant recipient reside in the same eligible expenses and the increased income eligibility threshold on the Financial Situation of the Donor or household. Recipient HRSA wishes to thank the participation in the Program is not yet respondents for the quality and fully known. HRSA will monitor and Four respondents commented that analyze the impact of this change to thoroughness of their comments. reimbursement should be available to inform future program operations HRSA’s response to the comments all living organ donors regardless of received and final decisions are II. Response To Comment That their financial situation. The discussed below. Recipient Income Should Not Be authorizing statute prohibits HRSA from Considered in Determining Eligibility I. Response to Comment To Increase the providing reimbursement to living organ Income Threshold to 500 Percent of the Forty-four commenters suggested that donors if it is reasonable to expect the HHS Poverty Guidelines eligibility should not be linked to the donor will receive reimbursement for recipient’s income. As stated these expenses from other sources, Sixty-eight of the commenters previously, the authorizing statute including the recipient of the organ. proposed that HRSA increase the requires that HRSA consider the Thus, HRSA is required to establish threshold beyond the proposed 350 recipient’s ability to reimburse the criteria to assess the donor’s ability to be percent of the HHS Poverty Guidelines, donor’s expenses and prohibits the reimbursed from these sources. with many of these commenters Program from reimbursing expenses that Therefore, HRSA is maintaining these specifying that the threshold should be can reasonably be expected to be at least 500 percent of the HHS Poverty criteria with regard to donors eligible for covered by the transplant recipient. reimbursement. Guidelines consistent with a HRSA specifically sought input from the recommendation of the HHS Advisory public regarding whether an organ IV. Response to Concern That Financial Committee on Organ Transplantation. recipient’s reasonable ability to pay for Burden Is Not Adequately Addressed HRSA notes that the authorizing a donor’s expenses should remain tied for Situations Where Donor and statute requires the Program to give to the Program’s income eligibility Recipient Reside in Same Household preference to individuals who are ‘‘more threshold and whether or not the likely to be otherwise unable to meet proposed threshold is appropriate and/ Three commenters suggested that the such expenses.’’ The authorizing statute or justified. Some respondents Program does not adequately address also requires that the Program not suggested that the Program require a the financial hardship often experienced provide reimbursement for donor certification from donors that they do when the donor and recipient reside in expenses that have been paid, or can not expect to be reimbursed by the the same household and incur expenses reasonably be expected to be paid by recipient. Similarly, some commenters and potential loss of income as a result other existing programs or by the suggested that such a certification and of their surgeries. HRSA acknowledges recipient of the organ. Based on these means testing are not necessary because the importance of ensuring that the requirements, and in an effort to provide in practice donors’ expenses are not Program consider the financial hardship for a transparent and administratively being regularly reimbursed by that some households may experience manageable mechanism to assess an recipients. However, these suggestions as a result of living organ donation. individual’s ability to pay for covered do not meet the statutory requirement HRSA is open to working with the expenses, HRSA believes that an income that HRSA prohibit payment for recipient of the cooperative agreement threshold based on the recipient’s expenses that ‘‘can reasonably be to ensure that the Program’s process for income in relation to the HHS Poverty expected to be made’’ by the recipient requesting consideration of financial Guidelines provides a reasonable of the organ. HRSA acknowledges that hardship is sufficient to meet the needs mechanism for evaluating this standard. recipient income is not a full measure HRSA also notes the importance of of whether recipients can reasonably be of these donor and recipient household maintaining a mechanism for applicants expected to reimburse their donor for pairs; however, HRSA does not believe to the Program to demonstrate financial qualified expenses. However, HRSA is that revision of the preference categories hardship not adequately reflected by the prohibited by statute from reimbursing or eligibility criteria is warranted to recipient’s income, which would donor expenses that can reasonably be address this concern.

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V. Response to Comments That reimbursement for such expenses is not to provide reimbursement only in those Program Is Insufficient and Should Be ‘‘valuable consideration’’ for purposes circumstances when payment cannot Restructured of section 301 of NOTA 84 FR 70139 reasonably be covered by other specified Two commenters argued that the (Dec. 17, 2019). Thus, such payments do sources of reimbursement. Program is ineffective at providing the not violate the criminal prohibition The recipient of the cooperative necessary protections for living organ against the exchange of valuable agreement, under Federal law, cannot donors and is inferior to the efforts of consideration for organs for use in provide reimbursement to any living another existing program. Further, these transplantation. organ donor for listed qualifying commenters suggest that HRSA consider This notice also revises the Program expenses if the donor can receive restructuring the reimbursement activity Eligibility Guidelines to incorporate reimbursement for these expenses from to collaborate with the other existing these new qualifying expenses finalized any of the following sources: effort, which, in the commenters’ through the OPTN Final Rule. Among (1) Any State compensation program, an description, provides a broader array of other clarifying updates, a section has insurance policy, or any Federal or State support. HRSA appreciates the feedback been added to the Guidelines to provide health benefits program; and will continue to consider other that qualifying expenses also include (2) an entity that provides health services lost wages, child-care expenses, and on a prepaid basis; or models for possible future actions to (3) the recipient of the organ. support living organ donors. HRSA is elder-care expenses incurred by the open to considering innovative donor and/or his/her accompanying or In 2007, in response to public approaches to this Program consistent assisting person(s) as part of: solicitation of comments, a threshold of with the provisions of the authorizing 1. Donor evaluation and/or income eligibility for the recipient and statute. To that end, HRSA notes that 2. Hospitalization for the living donor the donor of the organ was set at 300 other entities, including the current surgical procedure, and/or percent of the HHS Poverty Guidelines recipient of the cooperative agreement 3. Non-hospital post-surgery recovery time, in effect at the time of the eligibility and/or referenced above, are eligible to determination. Pursuant to section 8 of 4. Medical or surgical follow-up, clinic Executive Order 13879, ‘‘Advancing compete for future cooperative visits, or hospitalization within 2 calendar agreements for the operation of the years following the living donation American Kidney Health’’ (July 10, Program. Those entities are encouraged procedure (or beyond the 2-year period if 2019) and feedback from the organ to submit proposals when the exceptional circumstances exist). donation and transplantation opportunity becomes available. community, HRSA revised the threshold Conclusion of income eligibility for the recipient VI. Other Issues HRSA has reviewed and considered and the donor of the organ to 350 No commenters expressed concern all comments in response to the March percent of the HHS Poverty Guidelines, about HRSA’s proposed revisions to the 31, 2020, notice and has determined in effect at the time of the eligibility eligibility criteria to clarify that travel that no additional modifications of the determination. HRSA assumes that and subsistence expenses incurred by eligibility criteria proposed in that recipients whose income exceeds this non-directed living organ donors qualify notice are warranted at this time. HRSA level will have the ability to reimburse as reimbursable expenses under the is also incorporating changes to the the living organ donor for the travel, Program. Nor did HRSA receive Guidelines to include lost wages, child- subsistence, and other incidental non- comments expressing concern about care expenses, and elder-care expenses medical expenses authorized by the revisions to the background section to as qualifying expenses under the Secretary of HHS. ensure that the information aligns with Program, in accordance with the final HRSA provides an exception to this the Program’s legislative authority and rule published elsewhere in this issue of rule for financial hardships. A that the guidelines would apply to the the Federal Register. transplant social worker or appropriate Program regardless of the recipient of HRSA will continually monitor the transplant center representative, based the cooperative agreement that effectiveness of the Program and the on a complete recipient evaluation, can administers the Program. These changes availability of funds for the Program. provide an official statement, to the guidelines will be finalized as The final eligibility criteria are included notwithstanding the recipient’s income proposed. in this document. level, that the recipient of the organ would face significant financial Inclusion of Additional Qualifying Living Organ Donation Reimbursement hardship if required to pay for the Expenses Program Eligibility Guidelines as qualifying living organ donor expenses. Elsewhere in this issue of the Federal Amended A recipient’s financial hardship is Register, HHS is publishing a final rule Section 3 of the Organ Donation and defined as circumstances in which the that expands the scope of reimbursable Recovery Improvement Act, 42 U.S.C. recipient’s income exceeds 350 percent expenses incurred by living organ 274f, establishes the authority and of the HHS Poverty Guidelines in effect donors to include lost wages and child- legislative parameters to provide at the time of the eligibility care and elder-care expenses. This is the qualifying expenses incurred towards determination, but the individual will first time the Secretary determined that living organ donation. HRSA provides have difficulty paying the donor’s certain categories of ‘‘incidental non- this support to living organ donors expenses due to other significant medical expenses’’ incurred toward through the Living Organ Donation expenses. Determination of hardship in living organ donation are appropriate Reimbursement Program (formerly a particular case requires a fact-specific for reimbursement under this Program. Reimbursement of Travel and analysis; examples of significant In the notice of proposed rulemaking Subsistence Expenses toward Living expenses include circumstances such as proposing to amend the Organ Organ Donation Program) herein paying for medical expenses not Procurement and Transplantation referred to as the Program, administered covered by insurance or providing Network (OPTN) Final Rule to permit through a cooperative agreement. As significant financial support for a family these expenses as ‘‘incidental non- provided for in the statutory member not living in the household medical expenses,’’ HHS clarified that authorization, the Program is authorized (e.g., elderly parent). Waiver requests by

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the transplant center, on behalf of the Preference Category 1: The donor’s 6. The transplant center where the donor, shall be made in writing and income and the recipient’s income are donation procedure occurs certifies to shall clearly describe the circumstances each 350 percent or less of the HHS its status of good standing with the for the waiver request. The recipient of Poverty Guidelines in effect at the time OPTN. the cooperative agreement will review of the eligibility determination in their Qualifying Expenses waiver requests and make a respective states of primary residence. recommendation to HRSA to either Preference Category 2: Although the For the purposes of the approve or deny the request. HRSA will donor’s income exceeds 350 percent of Reimbursement of Travel and make the final determination and the HHS Poverty Guidelines in effect in Subsistence Expenses toward Living communicate its final determination to the State of primary residence at the Organ Donation Program, qualifying the recipient of the cooperative time of the eligibility determination, the expenses include agreement. HRSA’s determination will donor demonstrates financial hardship. I. Travel, lodging, meals and not be subject to appeal. The recipient’s income is at or below incidental expenses incurred by the All persons who wish to become 350 percent of the HHS Poverty donor and/or his/her accompanying living organ donors are eligible to Guidelines in effect in the State of person(s) as part of: receive reimbursement for their primary residence at the time of the (1) Donor evaluation and/or qualifying expenses if they cannot eligibility determination. (2) Hospitalization for the living receive reimbursement from the sources Preference Category 3: Any living donor surgical procedure, and/or (3) Medical or surgical follow-up, outlined above and if all the organ donor, regardless of income or clinic visits, or hospitalization within 2 requirements outlined in the Criteria for financial hardship, if the recipient’s calendar years following the living Donor Reimbursement Section are income is at or below 350 percent of the donation procedure (or beyond the 2- satisfied. However, because HHS Poverty Guidelines in effect in the year period if exceptional circumstances reimbursement is subject to the recipient’s State of primary residence at exist). availability of funds, prospective living the time of the eligibility determination. II. Lost wages, child-care expenses, organ donors who are most likely not Preference Category 4: Any living and elder-care expenses incurred by the able to cover these expenses will receive organ donor, regardless of income or donor and/or his/her accompanying or priority. The ability to cover these financial hardship, if the recipient (with assisting person(s) as part of: expenses is determined based on an income above 350 percent of the HHS (1) Donor evaluation and/or evaluation of (1) the donor and Poverty Guidelines in effect in the State (2) Hospitalization for the living recipient’s income, in relation to the of primary residence at the time of the donor surgical procedure, and/or HHS Poverty Guidelines and (2) eligibility determination) demonstrates (3) Non-hospital post-surgery recovery financial hardship. As a general matter, financial hardship. time, and/or income refers to the donor or recipient’s The recipient of the cooperative (4) Medical or surgical follow-up, total household income. agreement will accept and process clinic visits, or hospitalization within 2 A donor may also be able to applications beginning with Preference calendar years following the living demonstrate financial hardship, even if Category 1. The recipient of the donation procedure (or beyond the 2- the donor’s income exceeds 350 percent cooperative agreement will inform year period if exceptional circumstances of the HHS Poverty Guidelines if the participating transplant programs exist). donor will have difficulty paying the directly and the public via its website The recipient of the cooperative qualifying expenses due to other whenever funding levels allow it to agreement will pay for a total of up to significant expenses. Although all accept and/or process applications five trips; three for the donor and two requests will be reviewed on a case-by- under additional preference categories. for accompanying persons. However, in case basis, examples of significant The HHS Poverty Guidelines for 2020 cases in which the transplant center expenses include circumstances such as are located at 85 FR 3060 (January 14, requests the donor to return to the providing significant financial support 2020). transplant center for additional visits as for a family member not living in the Criteria for Donor Reimbursement a result of donor complications or other household (e.g., elderly parent), and loss health related issues, the recipient of the of income due to donation process. 1. Any individual who in good faith cooperative agreement may provide Waiver requests by the transplant incurs travel and other qualifying reimbursement for the additional visit(s) center, on behalf of the donor, shall be expenses toward the intended donation for the donor and an accompanying made in writing and shall clearly of an organ. person. The accompanying persons describe the circumstances for the 2. Donor and recipient of the organ need not be the same in each trip. waiver request. The recipient of the are U.S. citizens or lawfully present in Reimbursement for travel, lodging, cooperative agreement will review the U.S. meals, and incidental expenses, as waiver requests and make a 3. Donor and recipient have primary appropriate, shall be provided at the recommendation to HRSA to either residences in the U.S. or its territories. Federal per diem rate, except for hotel approve or deny the request. HRSA will 4. Travel is originating from the accommodation, which shall be make the final determination and donor’s primary residence. reimbursed at no more than 150 percent communicate its final determination to 5. Donor and recipient certify that of the Federal per diem rate. the recipient of the cooperative they understand and are in compliance Donors may receive up to four weeks agreement. HRSA’s determination is not with Section 301 of NOTA (42 U.S.C. of reimbursement for lost wages, child- subject to appeal. 274e) which states in part that it shall care expenses, and elder-care expenses Donors meeting the criteria for be unlawful for any person to associated with the surgery and reimbursement will be given preference knowingly acquire, receive, or otherwise recovery time. In addition, donors may in the following order of priority, with transfer any human organ for valuable receive reimbursement for up to two non-directed donors placed in a consideration for use in human additional weeks for lost wages, child- category based solely on the donor’s transplantation if the transfer affects care expenses, and elder-care expenses income: interstate commerce. if the donor requires follow-up visits

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and hospitalization as a result of donor donation process shall not exceed DEPARTMENT OF HEALTH AND complications or other health related $6,000. HUMAN SERVICES issues. For donor and recipient pairs Reimbursement for lost wages is participating in a paired exchange Health Resources and Services based on the donor providing program, the applicable eligibility Administration appropriate documentation, such as pay criteria for the originally intended Notice of a Maternal and Child Health stubs, to the program. Reimbursement of recipient shall be considered for the Bureau-Initiated Supplemental Award lost wages is not limited to traditional purpose of reimbursement of qualifying to the Immune Deficiency Foundation wage rate income. Donors may receive donor expenses even though the final for the Severe Combined reimbursement for non-traditional or recipient of the donated organ may not Immunodeficiency Screening and irregular income through the program if be the recipient identified in the Education Program they provide sufficient documentation original donor-recipient pair. of the expected lost wages. Given that non-directed donors have AGENCY: Health Resources and Services In order to qualify for reimbursement served as catalysts in transplant chains Administration (HRSA), Department of of child-care expenses and elder-care of multiple recipients, they are Health and Human Services. expenses, a donor shall have caretaker considered donating individuals eligible ACTION: Notice of a supplemental award. responsibilities for: to receive reimbursement for qualifying SUMMARY: HRSA announces the award (1) A minor child and/or expenses, if all other relevant program (2) An elder who requires caretaker requirements are satisfied. In applying of a supplement of approximately assistance. the preference categories to non- $3,000,000 to the Immune Deficiency directed donors, the recipient of the Foundation (IDF) for the Severe Caretaker responsibilities are not cooperative agreement will review the Combined Immunodeficiency (SCID) limited to familial relationships household income of the non-directed Screening and Education program for between the donor and/or the donor against the current income fiscal year (FY) 2020. The supplement accompanying or assisting person(s), threshold in effect at the time of the will add another year of funding to the and the aforementioned individuals. eligibility determination. current recipient, during the period of In considering requests for 08/01/2020–07/31/2021, to allow the reimbursement for child-care expenses Maximum Number of Prospective recipient to provide increased and elder-care expenses, the recipient of Donors per Recipient implementation, education, and the cooperative agreement is encouraged • Kidney: One donor at a time with a awareness of newborn screening for to adopt a consistent application of maximum of three donors SCID. ‘‘child’’ and ‘‘elder.’’ The recipient of • Liver: One donor at a time with a FOR FURTHER INFORMATION CONTACT: Debi the cooperative agreement may consider maximum of five donors Sarkar, Division of Children with applicable laws within the jurisdiction • Lung: Two donors at a time with a Special Health Needs, Maternal and in which the caretaker resides in maximum of six donors Child Health Bureau, HRSA, 5600 reviewing requests for reimbursement Fishers Lane, Room 18W65, Rockville, for expenses for care of a ‘‘child,’’ and, Special Provisions MD 20857 Email: [email protected] or in reviewing requests for reimbursement Many factors may prevent the Phone: (301) 443–0959 for elder-care expenses, may consider intended and willing donor from SUPPLEMENTARY INFORMATION: ‘‘elder’’ to refer to an individual age 60 proceeding with the donation. Intended Recipient of Award: Immune and older, consistent with the Older Circumstances that would prevent the Deficiency Foundation. Americans Act, 42 U.S.C. 3002(40). transplant or donation from proceeding Amount of Non-Competitive Award: Requests for reimbursement for the include: Present health status of the Approximately $3,000,000 for fiscal expenses of persons accompanying or intended donor or recipient, perceived year FY 2020. assisting the donor for travel, housing, long-term risks to the intended donor, Period of Supplemental Funding: 08/ meals, and incidental expenses are justified circumstances such as acts of 01/2020- 07/31/2021. considered under the preference God (e.g., major storms or hurricanes), CFDA Number: 93.110. categories and processed for or a circumstance when an intended Authority: Public Health Service Act, reimbursement at the same time as donor proceeds toward donation in § 1109 (42 U.S.C. 300b–8). requests for reimbursement for expenses good faith, subject to a case-by-case Justification: The Explanatory incurred by the donor. Requests for evaluation by the recipient of the Statement accompanying the Further reimbursement for the expenses of cooperative agreement, but then elects Consolidated Appropriations Act, 2020 persons accompanying or assisting the not to pursue donation. In such cases, indicated that: ‘‘Within the total for the donor for lost wages, child-care the intended donor and accompanying Heritable Disorders Program, the expenses, and elder-care expenses are persons may receive reimbursement for agreement includes no less than considered under the preference qualifying expenses incurred as if the $3,000,000 for the third year of a grant categories and will be processed donation had been completed. The to support implementation, education, separately. Requests for these expenses recipient of the cooperative agreement and awareness of newborn screening for will be processed after all requests for will file a form with the Internal Severe Combined Immunodeficiency expenses incurred by the donor, and Revenue Service reporting funds and related disorders.’’ Therefore, expenses for persons accompanying or disbursed as income for expenses not following an objective review, HRSA assisting the donor for qualifying incurred. awarded $3,000,000 to the Immune expenses for travel, housing, meals, and Deficiency Foundation and extended incidental expenses, have been Dated: September 15, 2020. the 2-year period of performance to a processed under all four preference Thomas J. Engels, third year, so that IDF can provide categories. Administrator. increased implementation, education, The total Federal reimbursement for [FR Doc. 2020–20805 Filed 9–18–20; 8:45 am] and awareness of newborn screening for all qualifying expenses during the BILLING CODE 4165–15–P SCID

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Although all 50 states have legislation Furthermore, many infants detected about SCID and other immune to screen for SCID, access to pediatric through newborn screening do not have deficiencies that are identified when immunology and infectious disease classical SCID but have one of a number screening for SCID; specialists for SCID diagnosis and of other immune deficiency disorders, • Connect families with SCID to treatment is mostly found in urban so information is needed for families pediatric immunology and infectious areas, posing access challenges for and providers on other detected disease specialists, and pediatricians in families in rural and other medically conditions. urban areas; underserved areas. SCID education and Within the scope of the Notice of • awareness resources that are Opportunity (HRSA 18–188), proposed Implement telehealth/telemedicine linguistically and culturally sensitive activities include: outreach to families residing in rural are critical for diverse and medically • Develop and implement a plan to and medically underserved areas; and underserved families. In addition, long- engage families and treatment centers to • Support an annual SCID meeting term follow-up of infants identified obtain follow-up information; that includes state newborn screening through SCID newborn screening is • Develop and disseminate staff, pediatricians, immunology and critical to obtain clinical outcomes data linguistically and culturally appropriate infectious diseases specialists, and and inform future treatment options. education and awareness materials families.

FY 2020 Grantee/organization name Grant No. State funding

Immune Deficiency Foundation ...... SC1MC31881 MD ...... $3,000,000

Thomas J. Engels, www.hrsa.gov/vaccinecompensation/ under section 2111 the Secretary shall Administrator. index.html. publish notice of such petition in the Federal Register.’’ Set forth below is a [FR Doc. 2020–20856 Filed 9–21–20; 8:45 am] SUPPLEMENTARY INFORMATION: The list of petitions received by HRSA on BILLING CODE 4165–15–P Program provides a system of no-fault August 1, 2020, through August 31, compensation for certain individuals 2020. This list provides the name of who have been injured by specified DEPARTMENT OF HEALTH AND petitioner, city and state of vaccination childhood vaccines. Subtitle 2 of Title HUMAN SERVICES (if unknown then city and state of XXI of the PHS Act, 42 U.S.C. 300aa– person or attorney filing claim), and 10 et seq., provides that those seeking Health Resources and Services case number. In cases where the Court compensation are to file a petition with Administration has redacted the name of a petitioner the United States Court of Federal and/or the case number, the list reflects Claims and to serve a copy of the National Vaccine Injury Compensation such redaction. petition to the Secretary of HHS, who is Program; List of Petitions Received Section 2112(b)(2) also provides that named as the respondent in each the special master ‘‘shall afford all AGENCY: Health Resources and Services proceeding. The Secretary has delegated interested persons an opportunity to Administration (HRSA), Department of this responsibility under the Program to submit relevant, written information’’ Health and Human Services (HHS). HRSA. The Court is directed by statute relating to the following: ACTION: Notice. to appoint special masters who take 1. The existence of evidence ‘‘that evidence, conduct hearings as there is not a preponderance of the SUMMARY: HRSA is publishing this appropriate, and make initial decisions evidence that the illness, disability, notice of petitions received under the as to eligibility for, and amount of, injury, condition, or death described in National Vaccine Injury Compensation compensation. the petition is due to factors unrelated Program (the Program) as required, by A petition may be filed with respect to the administration of the vaccine the Public Health Service (PHS) Act, as to injuries, disabilities, illnesses, described in the petition,’’ and amended. While the Secretary of HHS is conditions, and deaths resulting from 2. Any allegation in a petition that the named as the respondent in all vaccines described in the Vaccine Injury petitioner either: proceedings brought by the filing of Table (the Table) set forth at 42 CFR a. ‘‘[S]ustained, or had significantly petitions for compensation under the 100.3. This Table lists for each covered aggravated, any illness, disability, Program, the United States Court of childhood vaccine the conditions that injury, or condition not set forth in the Federal Claims is charged by statute may lead to compensation and, for each Vaccine Injury Table but which was with responsibility for considering and condition, the time period for caused by’’ one of the vaccines referred acting upon the petitions. occurrence of the first symptom or to in the Table, or FOR FURTHER INFORMATION CONTACT: For manifestation of onset or of significant b. ‘‘[S]ustained, or had significantly information about requirements for aggravation after vaccine aggravated, any illness, disability, filing petitions, and the Program in administration. Compensation may also injury, or condition set forth in the general, contact Lisa L. Reyes, Clerk of be awarded for conditions not listed in Vaccine Injury Table the first symptom Court, United States Court of Federal the Table and for conditions that are or manifestation of the onset or Claims, 717 Madison Place NW, manifested outside the time periods significant aggravation of which did not Washington, DC 20005, (202) 357–6400. specified in the Table, but only if the occur within the time period set forth in For information on HRSA’s role in the petitioner shows that the condition was the Table but which was caused by a Program, contact the Director, National caused by one of the listed vaccines. vaccine’’ referred to in the Table. Vaccine Injury Compensation Program, Section 2112(b)(2) of the PHS Act, 42 In accordance with Section 5600 Fishers Lane, Room 08N146B, U.S.C. 300aa–12(b)(2), requires that 2112(b)(2), all interested persons may Rockville, Maryland 20857; (301) 443– ‘‘[w]ithin 30 days after the Secretary submit written information relevant to 6593, or visit our website at: http:// receives service of any petition filed the issues described above in the case of

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the petitions listed below. Any person 16. Reginald Reese on behalf of The 39. Carlos Diaz, Enfield, Connecticut, choosing to do so should file an original Estate of Rodney Reese, Deceased, Court of Federal Claims No: 20– and three (3) copies of the information Atlanta, Georgia, Court of Federal 1003V with the Clerk of the United States Claims No: 20–0968V 40. Edward Espinosa, San Diego, Court of Federal Claims at the address 17. Antoni Baluta, New York, New California, Court of Federal Claims listed above (under the heading FOR York, Court of Federal Claims No: No: 20–1004V FURTHER INFORMATION CONTACT), with a 20–0970V 41. Benzion Zimmer, Brooklyn, New copy to HRSA addressed to Director, 18. Tiffani Cuyler, Bedford, Texas, Court York, Court of Federal Claims No: Division of Injury Compensation of Federal Claims No: 20–0971V 20–1005V Programs, Healthcare Systems Bureau, 19. Eleanor Casebolt, Pinellas Park, 42. Alva Moffit, Philadelphia, 5600 Fishers Lane, 08N146B, Rockville, Florida, Court of Federal Claims No: Pennsylvania, Court of Federal Maryland 20857. 20–0974V Claims No: 20–1006V The Court’s caption (Petitioner’s 20. Lynda Smith, Calhoun, Georgia, 43. Debbie Myers, Egg Harbor Name v. Secretary of HHS) and the Court of Federal Claims No: 20– Township, New Jersey, Court of docket number assigned to the petition 0976V Federal Claims No: 20–1007V should be used as the caption for the 21. Carla Amor, Provo, Utah, Court of 44. Victor Johnson, Woodhaven, written submission. Chapter 35 of title Federal Claims No: 20–0978V Michigan, Court of Federal Claims 44, United States Code, related to 22. Jeanette Lingafelt, Middletown, No: 20–1008V paperwork reduction, does not apply to Delaware, Court of Federal Claims 45. Brenda Whipkey, Parma, Ohio, information required for purposes of No: 20–0979V Court of Federal Claims No: 20– carrying out the Program. 23. Leila M. Hubbard on behalf of J. B. 1015V 46. Gregory Yates, Colonial Heights, Thomas J. Engels, B., Seneca, South Carolina, Court of Federal Claims No: 20–0981V Virginia, Court of Federal Claims Administrator. 24. Kathryn Martinez and Arthur No: 20–1016V List of Petitions Filed Martinez on behalf of C. M., Austin, 47. Andrew Finneran, New York, New York, Court of Federal Claims No: 1. Wendy M. Meichtry, Peoria, Illinois, Texas, Court of Federal Claims No: 20–0982V 20–1017V Court of Federal Claims No: 20– 48. Donna Warren, Florence, Alabama, 25. Abbie Dover, Atlanta, Georgia, Court 0950V Court of Federal Claims No: 20– of Federal Claims No: 20–0983V 2. Marilyn Sue Schmid, Orem, Utah, 1018V 26. Randy Richards, Gig Harbor, Court of Federal Claims No: 20– 49. George Luhrmann, Boston, Washington, Court of Federal 0951V Massachusetts, Court of Federal Claims No: 20–0984V 3. Dawn Allison, Canton, Ohio, Court of Claims No: 20–1019V Federal Claims No: 20–0953V 27. Amy Goode, Overland Park, Kansas, 50. Max Mayhew, New York, New York, 4. Hannah Baker, Camden, South Court of Federal Claims No: 20– Court of Federal Claims No: 20– Carolina, Court of Federal Claims 0985V 1020V No: 20–0956V 28. Lyndsay Randle, Forrest City, 51. Heidi Seiken, Centennial, Colorado, 5. Samuel Sterling, Davenport, Florida, Arkansas, Court of Federal Claims Court of Federal Claims No: 20– Court of Federal Claims No: 20– No: 20–0986V 1021V 0957V 29. Dave Scruggs, Flower Mound, Texas, 52. Demetra Dicembrino, Weston, 6. Crystal Cervantez-Tkac, Denver, Court of Federal Claims No: 20– Florida, Court of Federal Claims No: Colorado, Court of Federal Claims 0988V 20–1022V No: 20–0958V 30. Gabrielle Natale, Weymouth, 7. Marla Miller, Palm Coast, Florida, 53. Julie Dahlgard, Weston, Florida, Massachusetts, Court of Federal Court of Federal Claims No: 20– Court of Federal Claims No: 20– Claims No: 20–0989V 0959V 1024V 31. Mark Alcantara, Carlsbad, 54. Sharla Doucette, Pocatello, Idaho, 8. Tracy Sprinkle, Kernersville, North California, Court of Federal Claims Carolina, Court of Federal Claims Court of Federal Claims No: 20– No: 20–0990V 1026V No: 20–0960V 32. Muhammad Jafary, Beckley, West 9. Pamela Flowers on behalf of A. R., 55. Victor Haughton, Delafield, Virginia, Court of Federal Claims Los Angeles, California, Court of Wisconsin, Court of Federal Claims No: 20–0991V Federal Claims No: 20–0961V No: 20–1027V 10. Sharon Sirkis, Palm City, Florida, 33. Phil E. Mullins, Evanston, Illinois, 56. Jeffrey Hoddick, Honolulu, Hawaii, Court of Federal Claims No: 20– Court of Federal Claims No: 20– Court of Federal Claims No: 20– 0962V 0992V 1028V 11. Dennis Cashel, Arnold, Missouri, 34. Tammy Davis, Rochester, New York, 57. Helena Johnson, Tell City, Indiana, Court of Federal Claims No: 20– Court of Federal Claims No: 20– Court of Federal Claims No: 20– 0963V 0994V 1030V 12. Joanne Garston, Boston, 35. Scott Smith, Dallas, Texas, Court of 58. Zuleika Aponte, Lacey, Washington, Massachusetts, Court of Federal Federal Claims No: 20–0995V Court of Federal Claims No: 20– Claims No: 20–0964V 36. Ammar Halloum, Phoenix, Arizona, 1031V 13. Richard Knippschild, Sacramento, Court of Federal Claims No: 20– 59. John Roper on behalf of J. R., Croton California, Court of Federal Claims 0997V on the Hudson, New York, Court of No: 20–0965V 37. Jennifer Bolz, Oak Lawn, Illinois, Federal Claims No: 20–1032V 14. Gina Driscoll, Orlando, Florida, Court of Federal Claims No: 20– 60. Stephanie Eckert, Springdale, Ohio, Court of Federal Claims No: 20– 0998V Court of Federal Claims No: 20– 0966V 38. Fetlework Yohannes Norvell, 1035V 15. Regina Saliot on behalf of Richard Wellesley Hills, Massachusetts, 61. Thelma Andras, Raceland, Saliot, Honolulu, Hawaii, Court of Court of Federal Claims No: 20– Louisiana, Court of Federal Claims Federal Claims No: 20–0967V 1001V No: 20–1036V

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62. Jennifer Arnold, Redding, California, 85. Diane Bushemi, Chicago, Illinois, 108. Evan Hirsch, Waupaca, Wisconsin, Court of Federal Claims No: 20– Court of Federal Claims No: 20– Court of Federal Claims No: 20– 1038V 1083V 1110V 63. Madeleine Kates, Williamsville, 86. Stacy Nicole Willis, Southaven, [FR Doc. 2020–20850 Filed 9–21–20; 8:45 am] Mississippi, Court of Federal New York, Court of Federal Claims BILLING CODE 4165–15–P No: 20–1039V Claims No: 20–1085V 64. Kendra Owen, Nashville, Tennessee, 87. Laura Papa, St. Charles, Illinois, Court of Federal Claims No: 20– Court of Federal Claims No: 20– DEPARTMENT OF HEALTH AND 1041V 1086V HUMAN SERVICES 65. Michael W. Gladish, La Quinta, 88. Jennie Fields, Boston, California, Court of Federal Claims Massachusetts, Court of Federal [Document Identifier: OS–0990–xxxx] Claims No: 20–1087V No: 20–1042V Agency Information Collection 66. John Tisdel, Carmel, New York, 89. Kimberleigh Peet, Olathe, Kansas, Request. 60-Day Public Comment Court of Federal Claims No: 20– Court of Federal Claims No: 20– Request 1044V 1088V 67. Jodie Barrette, Green Bay, 90. Amy Bandolik, Vails Gate, New AGENCY: Office of the Secretary, HHS. York, Court of Federal Claims No: Wisconsin, Court of Federal Claims ACTION: Notice. No: 20–1046V 20–1090V 68. Claudius Williams, Louisville, 91. Sharon Miller, Chicago Heights, SUMMARY: In compliance with the Kentucky, Court of Federal Claims Illinois, Court of Federal Claims No: requirement of the Paperwork No: 20–1048V 20–1091V Reduction Act of 1995, the Office of the 69. Hansaben Anand, Glenn Oaks, New 92. Paula Johnson, San Antonio, Texas, Secretary (OS), Department of Health York, Court of Federal Claims No: Court of Federal Claims No: 20– and Human Services, is publishing the 20–1053V 1092V following summary of a proposed 70. Barbara J. Giddens, Fayetteville, 93. Sylvia Rowe, Rochester, New York, collection for public comment. Court of Federal Claims No: 20– North Carolina, Court of Federal DATES: Comments on the ICR must be Claims No: 20–1056V 1093V 94. Renee Clark Pierson on behalf of The received on or before November 23, 71. Tracy Dawn McKay, Seattle, 2020. Washington, Court of Federal Estate of David Pierson, Deceased, ADDRESSES: Submit your comments to Claims No: 20–1057V Metairie, Louisiana, Court of [email protected] or by calling 72. Linda Brantley-Karasinski, Clinton Federal Claims No: 20–1094V (202) 795–7714. Charter Township, Michigan, Court 95. Claudia Mercado, El Centro, of Federal Claims No: 20–1058V California, Court of Federal Claims FOR FURTHER INFORMATION CONTACT: 73. Heather Calhoun on behalf of Z. C., No: 20–1095V When submitting comments or 96. Lori Kaiser, Boston, Massachusetts, Boston, Massachusetts, Court of requesting information, please include Court of Federal Claims No: 20– Federal Claims No: 20–1059V the document identifier 0990–New– 74. Diana Hopkins, Gaylord, Michigan, 1096V 60D, and project title for reference, to 97. Elenora Plavnik, Langhorne, Court of Federal Claims No: 20– Sherrette Funn, the Reports Clearance Pennsylvania, Court of Federal 1060V Officer, [email protected], or call Claims No: 20–1097V 202–795–7714. 75. Monique Maccarone, Austin, Texas, 98. Katelynn McGuire, Stafford, Texas, SUPPLEMENTARY INFORMATION: Interested Court of Federal Claims No: 20– Court of Federal Claims No: 20– persons are invited to send comments 1062V 1098V 76. Renae Fitzgerald, South Holland, 99. Stephen Peka, St. Cloud, Minnesota, regarding this burden estimate or any Illinois, Court of Federal Claims No: Court of Federal Claims No: 20– other aspect of this collection of 20–1064V 1099V information, including any of the 77. Peter Blaiwas, Boston, 100. John Banks, San Antonio, Texas, following subjects: (1) The necessity and Massachusetts, Court of Federal Court of Federal Claims No: 20– utility of the proposed information Claims No: 20–1065V 1100V collection for the proper performance of 78. Leigh Anne Hall, Memphis, 101. Maureena Walker, Blue Ash, Ohio, the agency’s functions; (2) the accuracy Tennessee, Court of Federal Claims Court of Federal Claims No: 20– of the estimated burden; (3) ways to No: 20–1066V 1101V enhance the quality, utility, and clarity 79. Kristen Coons, Rochester, 102. Kimberly Wirtz, Olympia, of the information to be collected; and Minnesota, Court of Federal Claims Washington, Court of Federal (4) the use of automated collection No: 20–1067V Claims No: 20–1103V techniques or other forms of information 80. Taimur Shaikh, Champaign, Illinois, 103. Nakia Copeland, Boston, technology to minimize the information Court of Federal Claims No: 20– Massachusetts, Court of Federal collection burden. 1069V Claims No: 20–1104V Title of the Collection: Incident Report 81. Vicki Hollingsworth, High Point, 104. Stephanie Scott, New York, New Form. North Carolina, Court of Federal York, Court of Federal Claims No: Type of Collection: 0990–NEW/Office Claims No: 20–1070V 20–1105V of the Assistant Secretary for Health, 82. Nicole Arney, Boston, 105. Mario Castillo, Rich Creek, Office for Human Research Protections. Massachusetts, Court of Federal Virginia, Court of Federal Claims Abstract: The Office of the Assistant Claims No: 20–1072V No: 20–1106V Secretary for Health, Office for Human 83. Susan Sullivan, Boston, 106. Ashley Gibson Long, Dublin, Research Protections is requesting Massachusetts, Court of Federal Georgia, Court of Federal Claims approval for three years of a new Claims No: 20–1076V No: 20–1107V information collection on the OHRP 84. Linda Schweder, Shelby Township, 107. Crystal Smith, Aiken, South Incident Report Form. This form will Michigan, Court of Federal Claims Carolina, Court of Federal Claims facilitate prompt reporting of specific No: 20–1077V No: 20–1109V human subject protection incidents to

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OHRP by organizations and institutions human research subjects involved in Likely Respondents: Institutions or conducting or reviewing human subject non-exempt HHS-conducted or— organizations conducting non-exempt research, and will provide a simplified supported research and to ensure that HHS-conducted or—supported human standardized format for the reports. The the research is conducted in accordance subjects research. information collected on the form will with the HHS Protection of Human help OHRP to ensure the safety of Subjects regulations at 45 CFR part 46.

ANNUALIZED BURDEN HOUR TABLE

Responses per Number of Hours per Total burden Forms Respondents respondent responses response hours

Incident Report Form ...... 500 1 500 0.5 250 Incident Report Form ...... 200 2 400 0.5 200 Incident Report Form ...... 100 3 300 0.5 150

Total ...... 600

Dated: September 16, 2020. Vascular Diseases Research; 93.838, Lung Research, NINDS/NIH/DHHS/Neuroscience Sherrette A. Funn, Diseases Research; 93.839, Blood Diseases Center, 6001 Executive Blvd., Suite 3208, Office of the Secretary, Paperwork Reduction and Resources Research, National Institutes MSC 9529, Bethesda, MD 20892, (301) 402– Act Reports Clearance Officer. of Health, HHS) 0288, [email protected]. [FR Doc. 2020–20832 Filed 9–21–20; 8:45 am] Dated: September 16, 2020. Name of Committee: National Institute of BILLING CODE 4150–36–P Ronald J. Livingston, Jr., Neurological Disorders and Stroke Special Program Analyst, Office of Federal Advisory Emphasis Panel (TBI CWOW) Review Committee Policy. Meeting. DEPARTMENT OF HEALTH AND [FR Doc. 2020–20822 Filed 9–21–20; 8:45 am] Date: November 12–13, 2020. Time: 8:00 a.m. to 6:00 p.m. HUMAN SERVICES BILLING CODE 4140–01–P Agenda: To review and evaluate grant National Institutes of Health applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, NSC National Heart, Lung, and Blood Building, 6001 Executive Boulevard, HUMAN SERVICES Institute; Notice of Closed Meeting Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health Contact Person: Natalia Strunnikova, Pursuant to section 10(d) of the Ph.D., Scientific Review Officer, Scientific Federal Advisory Committee Act, as National Institute of Neurological Review Branch, Division of Extramural amended, notice is hereby given of the Research, NINDS/NIH/DHHS/Neuroscience following meeting. The meeting will be Disorders and Stroke; Notice of Closed Meetings Center, 6001 Executive Blvd., Suite 3208, closed to the public in accordance with MSC 9529, Bethesda, MD 20892, (301) 402– the provisions set forth in sections Pursuant to section 10(d) of the 0288 [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as Name of Committee: National Institute of as amended. The grant applications and amended, notice is hereby given of the Neurological Disorders and Stroke Special the discussions could disclose following meetings. Emphasis Panel; NINDS Research Program confidential trade secrets or commercial The meetings will be closed to the Award (R35 Clinical Trial Optional). property such as patentable material, public in accordance with the Date: November 12–13, 2020. and personal information concerning provisions set forth in sections Time: 9:00 a.m. to 6:30 p.m. individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant applications, the disclosure of which as amended. The grant applications and applications and/or proposals. would constitute a clearly unwarranted the discussions could disclose Place: National Institutes of Health, NSC invasion of personal privacy. confidential trade secrets or commercial Building, 6001 Executive Boulevard, property such as patentable material, Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Heart, Lung, and Contact Person: Marilyn Moore-Hoon, Blood Initial Review Group; NHLBI and personal information concerning Ph.D., Scientific Review Officer, Scientific Mentored Patient-Oriented Research Review individuals associated with the grant Review Branch, Division of Extramural Committee. applications, the disclosure of which Date: October 29–30, 2020. Activities, National Institute of Neurological would constitute a clearly unwarranted Disorders and Stroke, Bethesda, MD 20892, Time: 10:00 a.m. to 6:00 p.m. invasion of personal privacy. Agenda: To review and evaluate grant 301 827–9087, [email protected]. applications. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Neurological Disorders and Stroke Initial Program Nos. 93.853, Clinical Research Rockledge I, 6705 Rockledge Drive, Bethesda, Review Group; Neurological Sciences and Related to Neurological Disorders; 93.854, MD 20814 (Virtual Meeting). Disorders A. Biological Basis Research in the Contact Person: Stephanie Johnson Webb, Date: October 19–20, 2020. Neurosciences, National Institutes of Health, Ph.D., Scientific Review Officer, Office of Time: 8:00 a.m. to 6:00 p.m. HHS) Scientific Review/DERA, National Heart, Agenda: To review and evaluate grant Lung, and Blood Institute, National Institutes applications. Dated: September 16, 2020. of Health, 6705 Rockledge Drive, Room 208– Place: National Institutes of Health, NSC Tyeshia M. Roberson, V, Bethesda, MD 20892, (301) 827–7992, Building, 6001 Executive Boulevard, Program Analyst, Office of Federal Advisory [email protected]. Bethesda, MD 20892 (Virtual Meeting). Committee Policy. (Catalogue of Federal Domestic Assistance Contact Person: Natalia Strunnikova, Program Nos. 93.233, National Center for Ph.D., Scientific Review Officer, Scientific [FR Doc. 2020–20864 Filed 9–21–20; 8:45 am] Sleep Disorders Research; 93.837, Heart and Review Branch Division of Extramural BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Name of Committee: Bioengineering amended, notice is hereby given of the HUMAN SERVICES Sciences & Technologies Integrated Review following meetings. Group; Modeling and Analysis of Biological The meetings will be closed to the National Institutes of Health Systems Study Section. public in accordance with the Date: October 21–22, 2020. Time: 9:00 a.m. to 6:00 p.m. provisions set forth in sections Center for Scientific Review: Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Closed Meetings Agenda: To review and evaluate grant applications. as amended. The grant applications and Pursuant to section 10(d) of the Place: National Institutes of Health, the discussions could disclose Federal Advisory Committee Act, as Rockledge II, 6701 Rockledge Drive, confidential trade secrets or commercial amended, notice is hereby given of the Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, Contact Person: Craig Giroux, Ph.D., and personal information concerning following meetings. Scientific Review Officer, BST IRG, Center The meetings will be closed to the individuals associated with the grant for Scientific Review, National Institutes of applications, the disclosure of which public in accordance with the Health, 6701 Rockledge Drive, Room 5150, provisions set forth in sections Bethesda, MD 20892, 301–435–2204, would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. invasion of personal privacy. as amended. The grant applications and Name of Committee: Center for Scientific Name of Committee: National Institute on the discussions could disclose Review Special Emphasis Panel RFA Panel: Drug Abuse Special Emphasis Panel Device- confidential trade secrets or commercial Research Training in the Biology of the Inner Based Treatments for Substance Use property such as patentable material, Ear. Disorders (UG3/UH3) (Clinical Trial and personal information concerning Date: October 21–22, 2020. Optional). Date: October 19, 2020. individuals associated with the grant Time: 9:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant Time: 1:00 p.m. to 4:00 p.m. applications, the disclosure of which applications. Agenda: To review and evaluate grant would constitute a clearly unwarranted Place: National Institutes of Health, applications. invasion of personal privacy. Rockledge II, 6701 Rockledge Drive, Place: National Institutes of Health, Name of Committee: Center for Scientific Bethesda, MD 20892 (Virtual Meeting). National Institute on Drug Abuse, 301 North Review Special Emphasis Panel Topics in Contact Person: Brian H Scott, Ph.D., Stonestreet, Avenue Bethesda, MD 20892 Aging and Adult Psychopathology. Scientific Review Officer, National Institutes (Virtual Meeting). Date: October 16, 2020. of Health, Center for Scientific Review, 6701 Contact Person: Ivan K. Navarro, Ph.D., Time: 12:00 p.m. to 1:00 p.m. Rockledge Drive, Bethesda, MD 20892, 301– Scientific Review Officer, Office of Agenda: To review and evaluate grant 827–7490, [email protected]. Extramural Policy and Review, Division of applications. Name of Committee: Center for Scientific Extramural Research, National Institute on Place: National Institutes of Health, Review Special Emphasis Panel Member Drug Abuse, NIH, 301 North Stonestreet Rockledge II, 6701 Rockledge Drive, Conflict: Bioengineering Sciences and Avenue, 3 WFN 9th Floor, MSC 6021, Bethesda, MD 20892, (301) 827–5833, Bethesda, MD 20892 (Virtual Meeting). Technologies. [email protected]. Contact Person: Maribeth Champoux, Date: October 21–22, 2020. Ph.D., BA, MS, Scientific Review Officer, Time: 9:30 a.m. to 6:30 p.m. Name of Committee: National Institute on Center for Scientific Review, National Agenda: To review and evaluate grant Drug Abuse Special Emphasis Panel NIDA Institutes of Health, 6701 Rockledge Drive, applications. Translational Avant-Garde Award for Room 3182, MSC 7848, Bethesda, MD 20892, Place: National Institutes of Health, Development of Medication to Treat (301) 594–3163, [email protected]. Rockledge II, 6701 Rockledge Drive, Substance Use Disorders (UG3/UH3, Clinical Name of Committee: Integrative, Bethesda, MD 20892 (Virtual Meeting). Trial Optional). Functional and Cognitive Neuroscience Contact Person: Nitsa Rosenzweig, Ph.D., Date: October 26, 2020. Integrated Review Group; Auditory System Scientific Review Officer, Center for Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant Study Section. Scientific Review, National Institutes of applications. Date: October 21–22, 2020. Health, 6701 Rockledge Drive, Room 4152, Place: National Institutes of Health, Time: 9:00 a.m. to 6:00 p.m. MSC 7760, Bethesda, MD 20892, (301) 404– National Institute on Drug Abuse, 301 North Agenda: To review and evaluate grant 7419, [email protected]. Stonestreet Avenue, Bethesda, MD 20892 applications. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, (Virtual Meeting). Program Nos. 93.306, Comparative Medicine; Contact Person: Ivan K. Navarro, Ph.D., Rockledge II, 6701 Rockledge Drive, 93.333, Clinical Research, 93.306, 93.333, Bethesda, MD 20892 (Virtual Meeting). Scientific Review Officer, Office of 93.337, 93.393–93.396, 93.837–93.844, Extramural Policy and Review, Division of Contact Person: Brian H Scott, Ph.D., 93.846–93.878, 93.892, 93.893, National Scientific Review Officer, National Institutes Extramural Research, National Institute on Institutes of Health, HHS) of Health, Center for Scientific Review, 6701 Drug Abuse, NIH, 301 North Stonestreet Rockledge Drive, Bethesda, MD 20892, 301– Dated: September 16, 2020. Avenue, 3 WFN 9th Floor, MSC 6021, 827–7490, [email protected]. Bethesda, MD 20892, (301) 827–5833, Ronald J. Livingston, Jr., [email protected]. Name of Committee: Genes, Genomes, and Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Genetics Integrated Review Group; Committee Policy. Genomics, Computational Biology and Program Nos. 93.277, Drug Abuse Scientist [FR Doc. 2020–20823 Filed 9–21–20; 8:45 am] Technology Study Section. Development Award for Clinicians, Scientist Date: October 21–22, 2020. BILLING CODE 4140–01–P Development Awards, and Research Scientist Time: 9:00 a.m. to 6:00 p.m. Awards; 93.278, Drug Abuse National Agenda: To review and evaluate grant Research Service Awards for Research applications. DEPARTMENT OF HEALTH AND Training; 93.279, Drug Abuse and Addiction Place: National Institutes of Health, HUMAN SERVICES Research Programs, National Institutes of Rockledge II, 6701 Rockledge Drive, Health, HHS) Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health Dated: September 16, 2020. Contact Person: Baishali Maskeri, Ph.D., Tyeshia M. Roberson, Scientific Review Officer, Center for National Institute on Drug Abuse; Program Analyst, Office of Federal Advisory Scientific Review, National Institutes of Notice of Closed Meetings Committee Policy. Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301–827–2864, maskerib@ Pursuant to section 10(d) of the [FR Doc. 2020–20863 Filed 9–21–20; 8:45 am] mail.nih.gov. Federal Advisory Committee Act, as BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND The meetings will be closed to the Place: National Institutes of Health, HUMAN SERVICES public in accordance with the Rockledge II, 6701 Rockledge Drive, provisions set forth in sections Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Kevin Czaplinski, Ph.D., Scientific Review Officer, Center for as amended. The grant applications and Scientific Review, 6901 Rockledge Drive, National Institute of Allergy And the discussions could disclose Infectious Diseases; Notice of Closed Bethesda, MD 20892, 301–435–0000, confidential trade secrets or commercial [email protected]. Meeting property such as patentable material, Name of Committee: Center for Scientific Pursuant to section 10(d) of the and personal information concerning Review Special Emphasis Panel; The Blood- Federal Advisory Committee Act, as individuals associated with the grant Brain Barrier, Neurovascular System and amended, notice is hereby given of the applications, the disclosure of which CNS Therapeutics. following meeting. would constitute a clearly unwarranted Date: October 20, 2020. The meeting will be closed to the invasion of personal privacy. Time: 10:00 a.m. to 4:00 p.m. Agenda: To review and evaluate grant public in accordance with the Name of Committee: Center for Scientific applications. provisions set forth in sections Review Special Emphasis Panel; Arthritis Place: National Institutes of Health, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Connective Tissue. Rockledge II, 6701 Rockledge Drive, as amended. The grant applications and Date: October 1, 2020. Bethesda, MD 20892 (Virtual Meeting). the discussions could disclose Time: 4:00 p.m. to 5:00 p.m. Contact Person: Linda MacArthur, Ph.D., confidential trade secrets or commercial Agenda: To review and evaluate grant Scientific Review Officer, Center for property such as patentable material, applications. Scientific Review, National Institutes of Place: National Institutes of Health, Health, 6701 Rockledge Drive, Room 4187, and personal information concerning Rockledge II, 6701 Rockledge Drive, individuals associated with the grant Bethesda, MD 20892, 301–537–9986, Bethesda, MD 20892 (Telephone Conference [email protected]. applications, the disclosure of which Call). would constitute a clearly unwarranted Name of Committee: Center for Scientific Contact Person: Robert Gersch, Ph.D., Review Special Emphasis Panel; PAR 20– invasion of personal privacy. Scientific Review Officer, Center for 153: NIH Science Education Partnership Name of Committee: National Institute of Scientific Review, National Institutes of Award (SEPA) (R25—Clinical Trial Not Allergy and Infectious Diseases Special Health, 6701 Rockledge Drive, Bethesda, MD Allowed). Emphasis Panel NIAID Investigator Initiated 20817, 301–867–5309, [email protected]. Date: October 20–21, 2020. Program Project Applications (P01). This notice is being published less than 15 Time: 10:00 a.m. to 6:00 p.m. Date: October 21, 2020. days prior to the meeting due to the timing Agenda: To review and evaluate grant Time: 11:00 a.m. to 5:00 p.m. limitations imposed by the review and applications. Agenda: To review and evaluate grant funding cycle. Place: National Institutes of Health, applications. Name of Committee: Center for Scientific Rockledge II, 6701 Rockledge Drive, Place: National Institute of Allergy and Review Special Emphasis Panel; Bethesda, MD 20892 (Virtual Meeting). Infectious Diseases, National Institutes of Collaborative Applications: Clinical Studies Contact Person: Jonathan Arias, Ph.D., Health, 5601 Fishers Lane, Room 3G42B, of Mental Illness. Scientific Review Officer, Center for Rockville, MD 20892 (Telephone Conference Date: October 16, 2020. Scientific Review, National Institutes of Call). Time: 11:00 a.m. to 12:00 p.m. Health, 6701 Rockledge Drive, Room 5170, Contact Person: Louis A. Rosenthal, Ph.D., Agenda: To review and evaluate grant MSC 7840, Bethesda, MD 20892, 301–435– Scientific Review Officer, Scientific Review applications. 2406, [email protected]. Program, Division of Extramural Activities, Place: National Institutes of Health, Name of Committee: Center for Scientific National Institute of Allergy and Infectious Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; Exploration Diseases, National Institutes of Health, 5601 Bethesda, MD 20892 (Virtual Meeting). Fishers Lane, Room 3G42B, Bethesda, MD of Antimicrobial Therapeutics and Contact Person: Benjamin G. Shapero, Resistance. 20892–9834, (240) 669–5070, rosenthalla@ Ph.D., Scientific Review Officer, Center for niaid.nih.gov. Date: October 20, 2020. Scientific Review, National Institutes of Time: 2:00 p.m. to 4:00 p.m. (Catalogue of Federal Domestic Assistance Health, 6701 Rockledge Drive, Room 3182, Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, Bethesda, MD 20892, (301) 402–4786, applications. and Transplantation Research; 93.856, [email protected]. Place: National Institutes of Health, Microbiology and Infectious Diseases Name of Committee: Center for Scientific Rockledge II, 6701 Rockledge Drive, Research, National Institutes of Health, HHS) Review Special Emphasis Panel; Special Bethesda, MD 20892 (Virtual Meeting). Dated: September 16, 2020. Topics: Vision Imaging, Bioengineering and Contact Person: Guangyong Ji, Ph.D., Tyeshia M. Roberson, Low Vision Technology Development. Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory Date: October 20–21, 2020. Scientific Review, National Institutes of Committee Policy. Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 3211, Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, 301–435– [FR Doc. 2020–20862 Filed 9–21–20; 8:45 am] applications. 1146, [email protected]. BILLING CODE 4140–01–P Place: National Institutes of Health, Name of Committee: Biological Chemistry Rockledge II, 6701 Rockledge Drive, and Macromolecular Biophysics Integrated Bethesda, MD 20892 (Virtual Meeting). Review Group; Macromolecular Structure DEPARTMENT OF HEALTH AND Contact Person: Susan Gillmor, Ph.D., and Function B Study Section. HUMAN SERVICES Scientific Review Officer, National Institutes Date: October 21–22, 2020. of Health, Center for Scientific Review, 6701 Time: 8:00 a.m. to 5:00 p.m. National Institutes of Health Rockledge Drive, Bethesda, MD 20892, 240– Agenda: To review and evaluate grant 762–3076, [email protected]. applications. Center for Scientific Review; Notice of Name of Committee: Cell Biology Place: National Institutes of Health, Closed Meetings Integrated Review Group; Membrane Biology Rockledge II, 6701 Rockledge Drive, and Protein Processing Study Section. Bethesda, MD 20892 (Virtual Meeting). Pursuant to section 10(d) of the Date: October 20, 2020. Contact Person: C–L Albert Wang, Ph.D., Federal Advisory Committee Act, as Time: 10:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for amended, notice is hereby given of the Agenda: To review and evaluate grant Scientific Review, National Institutes of following meetings. applications. Health, 6701 Rockledge Drive, Room 4146,

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MSC 7806, Bethesda, MD 20892, 301–435– Dated: September 16, 2020. DEPARTMENT OF HEALTH AND 1016, [email protected]. Tyeshia M. Roberson, HUMAN SERVICES (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory Program Nos. 93.306, Comparative Medicine; Committee Policy. National Institutes of Health 93.333, Clinical Research, 93.306, 93.333, [FR Doc. 2020–20861 Filed 9–21–20; 8:45 am] 93.337, 93.393–93.396, 93.837–93.844, National Heart, Lung, and Blood BILLING CODE 4140–01–P 93.846–93.878, 93.892, 93.893, National Institute; Notice of Closed Meetings Institutes of Health, HHS) Pursuant to section 10(d) of the Dated: September 16, 2020. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Ronald J. Livingston, Jr., HUMAN SERVICES amended, notice is hereby given of the following meetings. The meetings will Program Analyst, Office of Federal Advisory be closed to the public in accordance Committee Policy. National Institutes of Health with the provisions set forth in sections [FR Doc. 2020–20825 Filed 9–21–20; 8:45 am] National Center for Advancing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–P Translational Sciences; Notice of as amended. The grant applications and Closed Meeting the discussions could disclose confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the property such as patentable material, HUMAN SERVICES Federal Advisory Committee Act, as and personal information concerning individuals associated with the grant National Institutes of Health amended, notice is hereby given of the following meeting. applications, the disclosure of which National Institute of Allergy and The meeting will be closed to the would constitute a clearly unwarranted invasion of personal privacy. Infectious Diseases; Notice of Closed public in accordance with the Meeting provisions set forth in sections Name of Committee: National Heart, Lung, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Blood Institute Special Emphasis Panel; STIMULATE–2: T4 Implementation Research Pursuant to section 10(d) of the as amended. The grant applications and Federal Advisory Committee Act, as for HLBS Diseases and Disorders (R61/R33). the discussions could disclose Date: October 22, 2020. amended, notice is hereby given of the confidential trade secrets or commercial Time: 10:00 a.m. to 6:00 p.m. following meeting. property such as patentable material, Agenda: To review and evaluate grant The meeting will be closed to the and personal information concerning applications. public in accordance with the individuals associated with the grant Place: National Institutes of Health, applications, the disclosure of which Rockledge I, 6705 Rockledge Drive, Bethesda, provisions set forth in sections MD 20814 (Virtual Meeting). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Contact Person: Susan Wohler Sunnarborg, as amended. The grant applications and invasion of personal privacy. Ph.D., Scientific Review Officer, Office of the discussions could disclose Name of Committee: National Center for Scientific Review/DERA, National, Heart, confidential trade secrets or commercial Advancing Translational Sciences Special Lung, and Blood Institute, National Institutes of Health, 6705 Rockledge Drive, Room 208– property such as patentable material, Emphasis Panel NTU. Z, Bethesda, MD 20892, (301) 827–7987, and personal information concerning Date: October 14, 2020. [email protected]. individuals associated with the grant Time: 1:00 p.m. to 3:30 p.m. Name of Committee: National Heart, Lung, applications, the disclosure of which Agenda: To review and evaluate grant and Blood Institute Special Emphasis Panel; would constitute a clearly unwarranted applications. Technologies For Independent Living. invasion of personal privacy. Place: National Center for Advancing Date: October 23, 2020. Translational Sciences, National Institutes of Time: 10:00 a.m. to 4:30 p.m. Name of Committee: Allergy, Immunology, Health, 6701 Democracy Boulevard, Room Agenda: To review and evaluate grant and Transplantation Research Committee. 1078, Bethesda, MD 20892 (Telephone applications. Date: October 15–16, 2020. Conference Call). Place: National Institutes of Health, Time: 10:00 a.m. to 5:00 p.m. Contact Person: Rahat (Rani) Khan, Ph.D., Rockledge I, 6705 Rockledge Drive, Bethesda, MD 20814 (Virtual Meeting). Agenda: To review and evaluate grant Scientific Review Officer, Office of Scientific Contact Person: Michael P. Reilly, Ph.D., applications. Review, National Center for Advancing Place: National Institute of Allergy and Scientific Review Officer, Office of Scientific Translational Sciences, National Institutes of Review/DERA, National Heart, Lung, and Infectious Diseases, National Institutes of Health, 6701 Democracy Boulevard, Room Health, 5601 Fishers Lane, Room 3G31B, Blood Institute, National Institutes of Health, 1078, Bethesda, MD 20892, 301–594–7319, 6705 Rockledge Drive, Room 208–Z, Rockville, MD 20892 (Telephone Conference [email protected]. Bethesda, MD 20892, (301) 827–7975, Call). (Catalogue of Federal Domestic Assistance [email protected]. Contact Person: James T. Snyder, Ph.D., Program Nos. 93.859, Pharmacology, (Catalogue of Federal Domestic Assistance Scientific Review Officer, Scientific Review Physiology, and Biological Chemistry Program Nos. 93.233, National Center for Program, Division of Extramural Activities, Research; 93.350, B—Cooperative Sleep Disorders Research; 93.837, Heart and National Institute of Allergy and Infectious Agreements; 93.859, Biomedical Research Vascular Diseases Research; 93.838, Lung Diseases, National Institutes of Health, 5601 Diseases Research; 93.839, Blood Diseases and Research Training, National Institutes of Fishers Lane, Room 3G31B, Bethesda, MD and Resources Research, National Institutes Health, HHS) 20892–9834 (240) 669–5060, james.snyder@ of Health, HHS) nih.gov. Dated: September 16, 2020. Dated: September 16, 2020. (Catalogue of Federal Domestic Assistance Melanie J. Pantoja, Ronald J. Livingston, Jr., Program Nos. 93.855, Allergy, Immunology, Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory and Transplantation Research; 93.856, Committee Policy. Committee Policy. Microbiology and Infectious Diseases [FR Doc. 2020–20824 Filed 9–21–20; 8:45 am] [FR Doc. 2020–20860 Filed 9–21–20; 8:45 am] Research, National Institutes of Health, HHS) BILLING CODE 4140–01–P BILLING CODE 4140–01–P

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DEPARTMENT OF HOMELAND Federal agencies to comment on the to facilitate the determination for SECURITY proposed and/or continuing information admissibility or may ask for an collections pursuant to the Paperwork extension of time to bring the U.S. Customs and Border Protection Reduction Act of 1995 (44 U.S.C. 3501 merchandise into compliance. Notice of [1651–0073] et seq.). This process is conducted in Detention is authorized by 19 U.S.C. accordance with 5 CFR 1320.8. Written 1499 and provided for in 19 CFR 151.16, Agency Information Collection comments and suggestions from the 133.21, 133.25, and 133.43. Activities: Notice of Detention public and affected agencies should Estimated Number of Respondents: address one or more of the following 1,350. AGENCY: U.S. Customs and Border four points: (1) Whether the proposed Estimated Number of Annual Protection (CBP), Department of collection of information is necessary Responses per Respondent: 1. Homeland Security. for the proper performance of the Estimated Number of Total Annual ACTION: 60-Day notice and request for functions of the agency, including Responses: 1,350. comments; extension of an existing whether the information will have Estimated Time per Response: 2 collection of information. practical utility; (2) the accuracy of the hours. agency’s estimate of the burden of the Estimated Total Annual Burden SUMMARY: The Department of Homeland proposed collection of information, Hours: 2,700. Security, U.S. Customs and Border including the validity of the Dated: September 17, 2020. Protection will be submitting the methodology and assumptions used; (3) Seth D. Renkema, following information collection request suggestions to enhance the quality, to the Office of Management and Budget utility, and clarity of the information to Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. (OMB) for review and approval in be collected; and (4) suggestions to accordance with the Paperwork minimize the burden of the collection of [FR Doc. 2020–20896 Filed 9–21–20; 8:45 am] Reduction Act of 1995 (PRA). The information on those who are to BILLING CODE P information collection is published in respond, including through the use of the Federal Register to obtain comments appropriate automated, electronic, from the public and affected agencies. mechanical, or other technological INTERNATIONAL TRADE Comments are encouraged and must be collection techniques or other forms of COMMISSION submitted (no later than November 23, information technology, e.g., permitting [Investigation No. 337–TA–1169] 2020) to be assured of consideration. electronic submission of responses. The ADDRESSES: Written comments and/or comments that are submitted will be Certain Fish-Handling Pliers and suggestions regarding the item(s) summarized and included in the request Packaging Thereof Issuance of a contained in this notice must include for approval. All comments will become Corrected General Exclusion Order the OMB Control Number 1651–0073 in a matter of public record. the subject line and the agency name. AGENCY: U.S. International Trade Overview of This Information To avoid duplicate submissions, please Commission. Collection use only one of the following methods ACTION: Notice. to submit comments: Title: Notice of Detention. (1) Email: Submit comments to: CBP_ OMB Number: 1651–0073. SUMMARY: Notice is hereby given that [email protected]. Form number: None. the U.S. International Trade (2) Mail: Submit written comments to Current Actions: CBP proposes to Commission has determined to issue a CBP Paperwork Reduction Act Officer, extend the expiration date of this corrected general exclusion order U.S. Customs and Border Protection, information collection with no change (‘‘GEO’’) in the above-captioned Office of Trade, Regulations and to the burden hours or the information investigation. Rulings, Economic Impact Analysis collected. Type of Review: Extension (without FOR FURTHER INFORMATION CONTACT: Branch, 90 K Street NE, 10th Floor, change). Robert Needham, Esq., Office of the Washington, DC 20229–1177. Affected Public: Businesses. General Counsel, U.S. International FOR FURTHER INFORMATION CONTACT: Abstract: Customs and Border Trade Commission, 500 E Street SW, Requests for additional PRA information Protection (CBP) may detain Washington, DC 20436, telephone (202) should be directed to Seth Renkema, merchandise when it has reasonable 708–5468. Copies of non-confidential Chief, Economic Impact Analysis suspicion that the subject merchandise documents filed in connection with this Branch, U.S. Customs and Border may be inadmissible but requires more investigation may be viewed on the Protection, Office of Trade, Regulations information to make a positive Commission’s electronic docket (EDIS) and Rulings, 90 K Street NE, 10th Floor, determination. If CBP decides to detain at https://edis.usitc.gov. For help Washington, DC 20229–1177, merchandise, a Notice of Detention is accessing EDIS, please email Telephone number 202–325–0056 or via sent to the importer or to the importer’s [email protected]. General email [email protected]. Please broker/agent no later than 5 business information concerning the Commission note that the contact information days from the date of examination. The may also be obtained by accessing its provided here is solely for questions Notice must state that merchandise has internet server at https://www.usitc.gov. regarding this notice. Individuals been detained, the reason for the Hearing-impaired persons are advised seeking information about other CBP detention, the anticipated length of the that information on this matter can be programs should contact the CBP detention, the nature of the tests or obtained by contacting the National Customer Service Center at inquires to be conducted, and the nature Commission’s TDD terminal on (202) 877–227–5511, (TTY) 1–800–877–8339, of any information that could be 205–1810. or CBP website at https://www.cbp. supplied to CBP and possibly accelerate SUPPLEMENTARY INFORMATION: The gov/. the disposition of the detention. The Commission instituted this investigation SUPPLEMENTARY INFORMATION: CBP recipient of this notice may respond by on July 29, 2019, based on a complaint invites the general public and other providing information to CBP in order filed by complainant United Plastic

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Molders, Inc. of Jackson, Mississippi Issued: September 17, 2020. December 10, 2020; final release of (‘‘UPM’’). 84 FR 36620–21 (July 29, Lisa Barton, information is on December 29, 2020; 2019). The complaint, as supplemented, Secretary to the Commission. and final party comments are due on alleged violations of section 337 of the [FR Doc. 2020–20886 Filed 9–21–20; 8:45 am] December 31, 2020. Tariff Act of 1930, as amended, 19 BILLING CODE 7020–02–P For further information concerning U.S.C. 1337, in the importation into the the conduct of this phase of the United States, the sale for importation, investigation, hearing procedures, and or the sale within the United States after INTERNATIONAL TRADE rules of general application, consult the importation of certain fish-handling COMMISSION Commission’s Rules of Practice and pliers and packaging thereof by reason Procedure, part 201, subparts A and B of infringement of claims 1–11 of U.S. [Investigation No. 731–TA–1465 (Final)] (19 CFR part 201), and part 207, Patent No. 6,256,923 and U.S. 4th Tier Cigarettes From Korea; subparts A and C (19 CFR part 207). Trademark Registration Nos. 4,980,923 Revised Schedule of the Final Phase of Authority: This investigation is being (‘‘the ’923 mark’’) and 5,435,944 (‘‘the Antidumping Duty Investigation conducted under authority of title VII of the ’944 mark’’). Id. The complaint further Tariff Act of 1930; this notice is published alleged that a domestic industry exists. AGENCY: United States International pursuant to § 207.21 of the Commission’s Id. The Commission’s notice of Trade Commission. rules. investigation named as respondents ACTION: Notice. By order of the Commission. Yixing Five Union Industry & Trade Co., Issued: September 16, 2020. DATES: August 19, 2020. Ltd. of Yixing City, China; NOEBY Lisa Barton, Fishing Tackle Co., Ltd. of Weihai, FOR FURTHER INFORMATION CONTACT: Secretary to the Commission. China (‘‘NOEBY’’); Weihai iLure Fishing Nitin Joshi ((202) 708–1669), Office of [FR Doc. 2020–20833 Filed 9–21–20; 8:45 am] Tackle Co., Ltd. of Weihai, China; Investigations, U.S. International Trade SamsFX of Yangzhou City, China Commission, 500 E Street SW, BILLING CODE 7020–02–P (‘‘SamsFX’’); and Weihai Lotus Outdoor Washington, DC 20436. Hearing- Co., Ltd. of Weihai, China. Id. The impaired persons can obtain INTERNATIONAL TRADE Office of Unfair Import Investigations is information on this matter by contacting COMMISSION participating in the investigation. Id. the Commission’s TDD terminal on 202– On August 10, 2020, the Commission 205–1810. Persons with mobility [Investigation No. 337–TA–1082 determined that UPM has shown a impairments who will need special (Modification)] violation of section 337(a)(1)(C), 19 assistance in gaining access to the U.S.C. 1337(a)(1)(C), by NOEBY and Commission should contact the Office Certain Gas Spring Nailer Products SamsFX with respect to the ’923 and of the Secretary at 202–205–2000. and Components Thereof; Institution ’944 marks, and determined to issue a General information concerning the of a Modification Proceeding GEO with respect to those trademarks. Commission may also be obtained by AGENCY: accessing its internet server (https:// U.S. International Trade That GEO, however, inadvertently Commission. contained language referring to the www.usitc.gov). The public record for duration of a patent. The Commission this investigation may be viewed on the ACTION: Notice. Commission’s electronic docket (EDIS) has determined to issue a corrected GEO SUMMARY: Notice is hereby given that at https://edis.usitc.gov. that removes that language. the U.S. International Trade The Commission vote for these SUPPLEMENTARY INFORMATION: On July Commission has determined to institute determinations took place on September 15, 2020, the Commission established a a modification proceeding in the above- 16, 2020. schedule for the conduct of the final captioned investigation. phase of the antidumping investigation The authority for the Commission’s FOR FURTHER INFORMATION CONTACT: (85 FR 46718, August 3, 2020). determination is contained in section Clint Gerdine, Office of the General 337 of the Tariff Act of 1930, as Subsequently, the Department of Commerce (‘‘Commerce’’) postponed the Counsel, U.S. International Trade amended (19 U.S.C. 1337), and in Part Commission, 500 E Street SW, 210 of the Commission’s Rules of deadline for issuing the final determination to December 4, 2020 (85 Washington, DC 20436, telephone (202) Practice and Procedure (19 CFR part 708–2310. Copies of non-confidential 210). FR 51011, August 19, 2020). The Commission, therefore, is revising its documents filed in connection with this While temporary remote operating schedule to conform with Commerce’s investigation may be viewed on the procedures are in place in response to new schedule. Commission’s electronic docket (EDIS) COVID–19, the Office of the Secretary is The Commission’s revised dates in at https://edis.usitc.gov. For help not able to serve parties that have not the schedule are as follows: The accessing EDIS, please email retained counsel or otherwise provided prehearing staff report will be placed in [email protected]. General a point of contact for electronic service. the nonpublic record on November 16, information concerning the Commission Accordingly, pursuant to Commission 2020; the deadline for filing prehearing may also be obtained by accessing its Rules 201.16(a) and 210.7(a)(1) (19 CFR briefs is November 23, 2020; requests to internet server at https://www.usitc.gov. 201.16(a), 210.7(a)(1)), the Commission appear at the hearing should be filed on Hearing-impaired persons are advised orders that the Complainant(s) complete or before November 25, 2020; a that information on this matter can be service for any party/parties without a prehearing conference is on December 1, obtained by contacting the method of electronic service noted on 2020, if deemed necessary; the hearing Commission’s TDD terminal, telephone the attached Certificate of Service and is on Thursday, December 3, 2020 at 202–205–1810. shall file proof of service on the 9:30 a.m.; the deadline for filing SUPPLEMENTARY INFORMATION: The Electronic Document Information posthearing briefs and for written Commission instituted this investigation System (EDIS). statements from any person who has not on November 20, 2017, based on a By order of the Commission. entered an appearance as a party is complaint filed on behalf of Kyocera

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Senco Brands Inc.1 (‘‘Kyocera’’ or if the redesign is outside of the scope of Paperwork Reduction Act of 1995 (the ‘‘Requester’’) of Cincinnati, Ohio. 82 FR the LEO and CDO and to modify the Act), of the current generic clearance for 55118–19 (Nov. 20, 2017). The orders to specify the status of the the Collection of Qualitative Feedback complaint, as amended and redesigns. On August 27, 2020, Koki on Agency Service Delivery that the supplemented, alleged violations of filed an opposition to the petition. Office of Management and Budget section 337, based upon the importation The Commission has determined that (OMB) previously approved. This into the United States, the sale for Requester’s petition complies with the collection was developed as part of a importation, and the sale within the requirements for institution of a Federal Government-wide effort to United States after importation of modification proceeding under streamline the process for seeking certain gas spring nailer products and Commission Rule 210.76(a)(1) (19 CFR feedback from the public on service components thereof by reason of 210.76(a)(1)) to determine whether delivery. The current generic survey infringement of certain claims of U.S. Koki’s redesigned, accused products clearance is assigned OMB Control No. Patent Nos. 8,387,718 (‘‘the ’718 infringe claims 1, 10, or 16 of the ’718 3117–0222; it will expire on November patent’’); 8,011,547 (‘‘the ’547 patent’’); patent and whether the order should be 30, 2020. The Commission requests 8,267,296 (‘‘the ’296 patent’’); 8,27,297 modified to specify that. Accordingly, comments concerning the proposed (‘‘the ’297 patent’’); 8,286,722 (‘‘the ’722 the Commission has determined to information collections under section patent’’); and 8,602,282 (‘‘the ’282 institute a modification proceeding and 3506(c)(2)(A) of the Act; this notice patent’’).2 The complaint further alleged refer Requester’s petition to the Chief describes such comments in greater the existence of a domestic industry. Administrative Law Judge as detailed in detail in the SUPPLEMENTARY The Commission’s notice of the accompanying Order. The assigned INFORMATION section. investigation named as a respondent ALJ will make findings, may request DATES: To assure that the Commission Hitachi Koki U.S.A., Ltd.3 (‘‘Koki’’) of briefing, and will issue a recommended will consider your comments, it must Braselton, Georgia. The Office of Unfair determination (‘‘RD’’) to the receive them no later than 60 days after Import Investigations did not participate Commission at the earliest practicable publication of this notice in the Federal in the investigation. The ’547 patent was time after the date of publication of this Register. terminated from the investigation and, notice in the Federal Register. The ADDRESSES: All Commission offices, prior to the evidentiary hearing, the Commission will issue a modification including the Commission’s hearing parties stipulated that the ’718 patent is opinion within 60 days of receipt of the rooms, are located in the United States the only patent at issue since no ALJ’s RD unless the Commission International Trade Commission violation could be shown as to the ’296, otherwise orders. The following entities Building, 500 E Street SW, Washington, ’297, ’722, and ’282 patents. See Order are named as parties to the proceeding: DC. All written comments should be No. 28 (Oct. 24, 2018); see also Joint (1) Kyocera and (2) Koki. addressed to the Secretary, United Stipulation Regarding Order No. 28 The Commission vote for this States International Trade Commission, (Oct. 26, 2018). determination took place on September 500 E Street SW, Washington, DC 20436 On March 5, 2020, the Commission 16, 2020. and filed electronically on the issued its final determination finding a The authority for the Commission’s Commission’s electronic docket (EDIS) violation of section 337 based on determination is contained in sections at https://edis.usitc.gov. infringement, satisfaction of the 335 and 337 of the Tariff Act of 1930, FOR FURTHER INFORMATION CONTACT: You domestic industry requirement, and as amended (19 U.S.C. 1335, 1337), and may obtain copies of supporting non-invalidity with respect to the ’718 in Part 210 of the Commission’s Rules documents from Zachary Coughlin patent. 85 FR 14244–46 (Mar. 11, 2020). of Practice and Procedure (19 CFR part The Commission issued a limited ([email protected] or 202– 210). 205–3435). Hearing-impaired persons exclusion order (‘‘LEO’’) directed By order of the Commission. against Koki’s infringing products, and can obtain information on this matter by Issued: September 16, 2020. a cease and desist order (‘‘CDO’’) contacting the Commission’s TDD directed against Koki. Id. On July 1, Lisa Barton, terminal on 202–205–1810. You may 2020, Koki filed an appeal to the U.S. Secretary to the Commission. also obtain general information Court of Appeals for the Federal Circuit [FR Doc. 2020–20842 Filed 9–21–20; 8:45 am] concerning the Commission by which is currently pending (Appeal No. BILLING CODE 7020–02–P accessing its website (https:// 20–2050). www.usitc.gov). On June 30, 2020, U.S. Customs and SUPPLEMENTARY INFORMATION: Border Protection issued a ruling, INTERNATIONAL TRADE Written Comments pursuant to 19 CFR part 177, that a COMMISSION redesign of Koki’s is outside of the You may submit comments, identified scope of the LEO issued in the Submission for OMB Review; by docket number MISC–034. All investigation. In response, on August Comment Request; Notice of Request submissions should be addressed to the 17, 2020, Kyocera petitioned for for Extension of Previously Approved Secretary and must conform to the institution of a modification proceeding, Generic Clearance for the Collection of provisions of section 201.8 of the requesting the Commission to determine Qualitative Feedback on Agency Commission’s Rules of Practice and Service Delivery Procedure (19 CFR 201.8). Section 201.8 1 During the investigation, Kyocera Senco Brands AGENCY: United States International and the Commission’s Handbook on Inc. changed its name to Kyocera Senco Industrial Filing Procedures require that interested Tools, Inc. See Final Initial Determination at 3 n.3 Trade Commission. (citing Kyocera’s Initial Post-Hearing Br. at 4 n.3). ACTION: 60-Day notice and request for parties file documents electronically on 2 The Commission terminated the ’547 patent comments. or before the filing deadline. Please note from the investigation in June 2018. See Order No. the Secretary’s Office will accept only 13 (June 4, 2018), unreviewed by Comm’n Notice SUMMARY: This notice announces the electronic filings during this time. (June 22, 2018). intention of the U.S. International Trade Filings must be made through the 3 During the investigation, Hitachi Koki U.S.A., Ltd. changed its name to Koki Holdings America Commission (Commission) to request a Commission’s Electronic Document Ltd. See Hitachi’s Initial Post-Hearing Br. at 3. three-year extension, under the Information System (EDIS, https://

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edis.usitc.gov). No in-person paper- issues with service delivery. Responses as though the results are generalizable to based filings or paper copies of any will be assessed to plan and inform the population of study. electronic filings will be accepted until efforts to improve or maintain the (3) Estimated Burden of the Proposed further notice. Persons with questions quality of service offered to the public. Information Collection regarding filing should contact the If this information is not collected, vital Secretary at [email protected]. feedback from customers and The Commission estimates that stakeholders on the Agency’s services information collections issued under the Request for Comments will be unavailable. Feedback collected requested generic clearance will impose The Commission solicits comments as under this generic clearance provides an average annual burden of 300 hours to: (1) Whether the proposed useful information, but it does not yield on 600 respondents. information collection is necessary for data that can be generalized to the No record keeping burden is known to the proper performance of the overall population. This type of generic result from the proposed collection of Commission’s functions, including clearance for qualitative information information. whether the information will have will not be used for quantitative By order of the Commission. practical utility; (2) the accuracy of the information collections that are Issued: September 17, 2020. Commission’s estimate of the burden of designed to yield reliably actionable Lisa Barton, the proposed information collection, results, such as monitoring trends over Secretary to the Commission. including the validity of the time or documenting program [FR Doc. 2020–20873 Filed 9–21–20; 8:45 am] methodology and assumptions used; (3) performance. Such data uses require the quality, utility, clarity, and design of more rigorous designs that address: The BILLING CODE 7020–02–P the information to be collected; and (4) target population to which minimization of the burden of the generalizations will be made, the INTERNATIONAL TRADE proposed information collection on sampling frame, the sample design COMMISSION those who are to respond (including (including stratification and clustering), through the use of appropriate the precision requirements or power [Investigation Nos. 731–TA–1014 and 1016 automated, electronic, mechanical, or calculations that justify the proposed (Third Review)] other technological forms of information sample size, the expected response rate, Polyvinyl Alcohol From China and technology (e.g., permitting electronic methods for assessing potential Japan; Scheduling of Full Five-Year submission of responses)). To the extent nonresponse bias, the protocols for data Reviews appropriate, please cite to specific collection, and any testing procedures experiences that your firm has had with that were or will be undertaken prior to AGENCY: International Trade other governmental surveys and data fielding the study. As a general matter, Commission. collections. information collections will not result ACTION: Notice. Summary of the Proposed Information in any new system of records containing SUMMARY: The Commission hereby gives Collections privacy information and will not ask questions of a sensitive nature. notice of the scheduling of full reviews (1) Need for the Proposed Information The Agency will only submit a pursuant to the Tariff Act of 1930 (‘‘the Collections collection for approval under this Act’’) to determine whether revocation The proposed information collection generic clearance if it meets the of the antidumping duty orders on activity provides a means to garner following conditions: polyvinyl alcohol from China and Japan • qualitative customer and stakeholder The collections are voluntary; would be likely to lead to continuation feedback in an efficient, timely manner. • The collections are low-burden for or recurrence of material injury within This qualitative feedback provides respondents (based on considerations of a reasonably foreseeable time. useful insights on perceptions and total burden hours, total number of DATES: September 17, 2020. opinions of customers and stakeholders. respondents, or burden-hours per FOR FURTHER INFORMATION CONTACT: The feedback helps the Commission respondent) and are low-cost for both Alejandro Orozco (202–205–3177), gain understanding into customer or the respondents and the Federal Office of Investigations, U.S. stakeholder experiences and Government; International Trade Commission, 500 E expectations and provides an early • The collections are Street SW, Washington, DC 20436. warning of issues with service, or focus noncontroversial and do not raise issues Hearing-impaired persons can obtain attention on areas where of concern to other Federal agencies; information on this matter by contacting communication, training or changes in • Any collection is targeted to the the Commission’s TDD terminal on 202– operations might improve delivery of solicitation of opinions from 205–1810. Persons with mobility products or services. These collections respondents who have experience with impairments who will need special allow for ongoing, collaborative and the program or may have experience assistance in gaining access to the actionable communications between the with the program in the near future; Commission should contact the Office Commission and its customers and • Personally identifiable information of the Secretary at 202–205–2000. stakeholders and contribute directly to (PII) is collected only to the extent General information concerning the the improvement of program necessary and is not retained; Commission may also be obtained by management. • Information gathered will be used accessing its internet server (https:// only internally for general service www.usitc.gov). The public record for (2) Description of the Information To Be improvement and program management these reviews may be viewed on the Collected purposes and is not intended for release Commission’s electronic docket (EDIS) The solicitation of feedback will target outside of the agency; at https://edis.usitc.gov. areas such as: Timeliness, • Information gathered will yield SUPPLEMENTARY INFORMATION: appropriateness, accuracy of qualitative information; the collections Background.—On July 6, 2020, the information, courtesy, efficiency of will not be designed or expected to Commission determined that responses service delivery, and resolution of yield statistically reliable results or used to its notice of institution of the subject

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five-year reviews were such that full Secretary for those parties authorized to comments must not contain new factual reviews should proceed (85 FR 42005, receive BPI under the APO. information and must otherwise comply July 13, 2020); accordingly, full reviews Staff report.—The prehearing staff with section 207.68 of the Commission’s are being scheduled pursuant to section report in the reviews will be placed in rules. All written submissions must 751(c)(5) of the Tariff Act of 1930 (19 the nonpublic record on January 14, conform with the provisions of section U.S.C. 1675(c)(5)). A record of the 2021, and a public version will be 201.8 of the Commission’s rules; any Commissioners’ votes, the issued thereafter, pursuant to section submissions that contain BPI must also Commission’s statement on adequacy, 207.64 of the Commission’s rules. conform with the requirements of and any individual Commissioner’s Hearing.—The Commission will hold sections 201.6, 207.3, and 207.7 of the statements are available from the Office a hearing in connection with the Commission’s rules. The Commission’s of the Secretary and at the reviews beginning at 9:30 a.m. on Handbook on Filing Procedures, Commission’s website. February 2, 2021. Information about the available on the Commission’s website Participation in the reviews and place and form of the hearing, including at https://www.usitc.gov/documents/ public service list.—Persons, including about how to participate in and/or view handbook_on_filing_procedures.pdf, industrial users of the subject the hearing, will be posted on the elaborates upon the Commission’s merchandise and, if the merchandise is Commission’s website at https:// procedures with respect to filings. sold at the retail level, representative www.usitc.gov/calendarpad/ Additional written submissions to the consumer organizations, wishing to calendar.html. Interested parties should Commission, including requests participate in these reviews as parties check the Commission’s website pursuant to section 201.12 of the must file an entry of appearance with periodically for updates. Commission’s rules, shall not be the Secretary to the Commission, as Requests to appear at the hearing accepted unless good cause is shown for provided in section 201.11 of the should be filed in writing with the accepting such submissions, or unless Commission’s rules, by 45 days after Secretary to the Commission on or the submission is pursuant to a specific publication of this notice. A party that before January 26, 2021. A nonparty request by a Commissioner or filed a notice of appearance following who has testimony that may aid the Commission staff. publication of the Commission’s notice Commission’s deliberations may request In accordance with sections 201.16(c) of institution of these reviews need not permission to present a short statement and 207.3 of the Commission’s rules, file an additional notice of appearance. at the hearing. All parties and each document filed by a party to the The Secretary will maintain a public nonparties desiring to appear at the reviews must be served on all other service list containing the names and hearing and make oral presentations parties to the reviews (as identified by addresses of all persons, or their should participate in a prehearing either the public or BPI service list), and representatives, who are parties to the conference to be held on February 1, a certificate of service must be timely reviews. 2021, if deemed necessary. Oral filed. The Secretary will not accept a Please note the Secretary’s Office will testimony and written materials to be document for filing without a certificate accept only electronic filings during this submitted at the public hearing are of service. time. Filings must be made through the governed by sections 201.6(b)(2), Authority: These reviews are being Commission’s Electronic Document 201.13(f), 207.24, and 207.66 of the conducted under authority of title VII of Information System (EDIS, https:// Commission’s rules. Parties must submit the Tariff Act of 1930; this notice is edis.usitc.gov.) No in-person paper- any request to present a portion of their published pursuant to section 207.62 of based filings or paper copies of any hearing testimony in camera no later the Commission’s rules. electronic filings will be accepted until than 7 business days prior to the date of By order of the Commission. further notice. the hearing. For further information concerning Written submissions.—Each party to Issued: September 17, 2020. the conduct of these reviews and rules the reviews may submit a prehearing Lisa Barton, of general application, consult the brief to the Commission. Prehearing Secretary to the Commission. Commission’s Rules of Practice and briefs must conform with the provisions [FR Doc. 2020–20919 Filed 9–21–20; 8:45 am] Procedure, part 201, subparts A and B of section 207.65 of the Commission’s BILLING CODE 7020–02–P (19 CFR part 201), and part 207, rules; the deadline for filing is January subparts A, D, E, and F (19 CFR part 25, 2021. Parties may also file written 207). testimony in connection with their INTERNATIONAL TRADE Limited disclosure of business presentation at the hearing, as provided COMMISSION proprietary information (BPI) under an in section 207.24 of the Commission’s administrative protective order (APO) rules, and posthearing briefs, which Notice of Receipt of Complaint; and BPI service list.—Pursuant to must conform with the provisions of Solicitation of Comments Relating to section 207.7(a) of the Commission’s section 207.67 of the Commission’s the Public Interest rules, the Secretary will make BPI rules. The deadline for filing AGENCY: U.S. International Trade gathered in these reviews available to posthearing briefs is February 10, 2021. Commission. authorized applicants under the APO In addition, any person who has not ACTION: Notice. issued in the reviews, provided that the entered an appearance as a party to the application is made by 45 days after reviews may submit a written statement SUMMARY: Notice is hereby given that publication of this notice. Authorized of information pertinent to the subject of the U.S. International Trade applicants must represent interested the reviews on or before February 10, Commission has received a complaint parties, as defined by 19 U.S.C. 1677(9), 2021. On March 4, 2021, the entitled Certain Shingled Solar who are parties to the reviews. A party Commission will make available to Modules, Components Thereof, and granted access to BPI following parties all information on which they Methods for Manufacturing the Same, publication of the Commission’s notice have not had an opportunity to DN 3491; the Commission is soliciting of institution of the reviews need not comment. Parties may submit final comments on any public interest issues reapply for such access. A separate comments on this information on or raised by the complaint or service list will be maintained by the before March 8, 2021, but such final complainant’s filing pursuant to the

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Commission’s Rules of Practice and In particular, the Commission is electronic filings will be accepted until Procedure. interested in comments that: further notice. Persons with questions FOR FURTHER INFORMATION CONTACT: Lisa (i) Explain how the articles regarding filing should contact the R. Barton, Secretary to the Commission, potentially subject to the requested Secretary at [email protected]. remedial orders are used in the United U.S. International Trade Commission, Any person desiring to submit a 500 E Street SW, Washington, DC States; (ii) identify any public health, safety, document to the Commission in 20436, telephone (202) 205–2000. The confidence must request confidential public version of the complaint can be or welfare concerns in the United States relating to the requested remedial treatment. All such requests should be accessed on the Commission’s directed to the Secretary to the Electronic Document Information orders; (iii) identify like or directly Commission and must include a full System (EDIS) at https://edis.usitc.gov. statement of the reasons why the For help accessing EDIS, please email competitive articles that complainant, Commission should grant such [email protected]. its licensees, or third parties make in the General information concerning the United States which could replace the treatment. See 19 CFR 201.6. Documents Commission may also be obtained by subject articles if they were to be for which confidential treatment by the accessing its internet server at United excluded; Commission is properly sought will be States International Trade Commission (iv) indicate whether complainant, treated accordingly. All information, (USITC) at https://www.usitc.gov. The complainant’s licensees, and/or third including confidential business public record for this investigation may party suppliers have the capacity to information and documents for which be viewed on the Commission’s replace the volume of articles confidential treatment is properly Electronic Document Information potentially subject to the requested sought, submitted to the Commission for System (EDIS) at https://edis.usitc.gov. exclusion order and/or a cease and purposes of this Investigation may be Hearing-impaired persons are advised desist order within a commercially disclosed to and used: (i) By the that information on this matter can be reasonable time; and Commission, its employees and Offices, (v) explain how the requested obtained by contacting the and contract personnel (a) for remedial orders would impact United Commission’s TDD terminal on (202) developing or maintaining the records 205–1810. States consumers. Written submissions on the public of this or a related proceeding, or (b) in SUPPLEMENTARY INFORMATION: The interest must be filed no later than by internal investigations, audits, reviews, Commission has received a complaint close of business, eight calendar days and evaluations relating to the and a submission pursuant to § 210.8(b) after the date of publication of this programs, personnel, and operations of of the Commission’s Rules of Practice notice in the Federal Register. There the Commission including under 5 and Procedure filed on behalf of The will be further opportunities for U.S.C. Appendix 3; or (ii) by U.S. Solaria Corporation on September 15, comment on the public interest after the government employees and contract 2020. The complaint alleges violations issuance of any final initial personnel,2 solely for cybersecurity of section 337 of the Tariff Act of 1930 determination in this investigation. Any purposes. All nonconfidential written (19 U.S.C. 1337) in the importation into written submissions on other issues submissions will be available for public the United States, the sale for must also be filed by no later than the inspection at the Office of the Secretary importation, and the sale within the close of business, eight calendar days and on EDIS.3 United States after importation of after publication of this notice in the This action is taken under the certain shingled solar modules, Federal Register. Complainant may file components thereof, and methods for authority of section 337 of the Tariff Act replies to any written submissions no of 1930, as amended (19 U.S.C. 1337), manufacturing the same. The complaint later than three calendar days after the and of §§ 201.10 and 210.8(c) of the names as respondents: Canadian Solar date on which any initial submissions Commission’s Rules of Practice and Inc. of Canada; and Canadian Solar were due. Any submissions and replies Procedure (19 CFR 201.10, 210.8(c)). (USA) Inc. of Walnut Creek, CA. The filed in response to this Notice are complainant requests that the limited to five (5) pages in length, By order of the Commission. Commission issue a limited exclusion inclusive of attachments. Issued: September 16, 2020. order, cease and desist orders, and Persons filing written submissions Lisa Barton, impose a bond to prevent further injury must file the original document Secretary to the Commission. to the domestic industry of Complainant electronically on or before the deadlines relating to the Asserted Patents during stated above. Submissions should refer [FR Doc. 2020–20834 Filed 9–21–20; 8:45 am] the 60-day Presidential review period to the docket number (‘‘Docket No. BILLING CODE 7020–02–P pursuant to 19 U.S.C. 1337(j). 3491’’) in a prominent place on the Proposed respondents, other cover page and/or the first page. (See interested parties, and members of the Handbook for Electronic Filing public are invited to file comments on Procedures, Electronic Filing any public interest issues raised by the Procedures 1). Please note the complaint or § 210.8(b) filing. Secretary’s Office will accept only Comments should address whether electronic filings during this time. issuance of the relief specifically Filings must be made through the requested by the complainant in this Commission’s Electronic Document investigation would affect the public Information System (EDIS, https:// health and welfare in the United States, edis.usitc.gov). No in-person paper- competitive conditions in the United based filings or paper copies of any States economy, the production of like 2 All contract personnel will sign appropriate or directly competitive articles in the 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. United States, or United States https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System consumers. filing_procedures.pdf. (EDIS): https://edis.usitc.gov.

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INTERNATIONAL TRADE Issued: September 17, 2020. the United States after importation of COMMISSION Lisa Barton, certain luxury vinyl tiles by reason of Secretary to the Commission. infringement of certain claims of U.S. [Investigation Nos. 701–TA–415 and 731– [FR Doc. 2020–20918 Filed 9–21–20; 8:45 am] Patent Nos. 9,200,460 (‘‘the ’460 TA–933–934 (Third Review)] BILLING CODE 7020–02–P patent’’); 10,208,490 (‘‘the ’490 patent’’); and 10,233,655 (‘‘the ’655 patent’’) Polyethylene Terephthalate (PET) Film, (collectively, ‘‘the Asserted Patents’’). Sheet, and Strip From India and INTERNATIONAL TRADE Id. The complaint further alleges that a Taiwan COMMISSION domestic industry exists. Id. The Commission’s notice of investigation Determination [Investigation No. 337–TA–1155] names forty-five respondents, including: ABK Trading Corp. of Katy, Texas 1 Certain Luxury Vinyl Tile and On the basis of the record developed (‘‘ABK’’); Aurora Flooring LLC of in the subject five-year reviews, the Components Thereof; Issuance of a General Exclusion Order and Cease Kennesaw, Georgia (‘‘Aurora’’); United States International Trade Changzhou Runchang Wood Co., Ltd. of Commission (‘‘Commission’’) and Desist Orders; Termination of the Investigation Jiangsu, China (‘‘Runchang’’); Go-Higher determines, pursuant to the Tariff Act of Trading (Jiangsu) Co., Ltd. of Jiangsu, 1930 (‘‘the Act’’), that revocation of the AGENCY: U.S. International Trade China (‘‘Go-Higher’’); Jiangsu Divine antidumping duty and countervailing Commission. Building Technology Development Co. duty orders on polyethylene ACTION: Notice. Ltd. Jiangsu, China (‘‘Divine’’); Jiangsu terephthalate film, sheet, and strip from Lejia Plastic Co. Ltd. of Jiangsu, China India and Taiwan would be likely to SUMMARY: Notice is hereby given that (‘‘Lejia’’); JiangSu Licheer Wood Co., lead to continuation or recurrence of the U.S. International Trade Ltd. of Jiangsu, China (‘‘Licheer’’); material injury to an industry in the Commission has affirmed a summary Maxwell Flooring Distribution LLC of United States within a reasonably determination of violation of section 2 Houston, Texas (‘‘Maxwell Flooring’’); foreseeable time. 337 with respect to certain defaulting Mr. Hardwood Inc. of Acworth, Georgia Background respondents and has determined to (‘‘Mr. Hardwood’’); and Sam Houston issue a general exclusion order (‘‘GEO’’) Hardwood Inc. of Houston, Texas (‘‘Sam The Commission instituted these denying entry of certain infringing Houston’’) (collectively, ‘‘Defaulting reviews on July 1, 2019 (84 FR 31343) luxury vinyl tile and components Respondents’’). Id. The Office of Unfair and determined on October 4, 2019 that thereof as well as cease and desist Import Investigations (‘‘OUII’’) is also it would conduct full reviews (84 FR orders (‘‘CDOs’’) against certain of the participating in the investigation. Id. 67960, December 12, 2019). Notice of defaulting respondents. The The Commission previously the scheduling of the Commission’s investigation is terminated. terminated the investigation as to thirty- reviews and of a public hearing to be FOR FURTHER INFORMATION CONTACT: five respondents based on settlement, held in connection therewith was given Lynde Herzbach, Office of the General consent order, or partial withdrawal of by posting copies of the notice in the Counsel, U.S. International Trade the complaint. See Order No. 14 (Sept. Office of the Secretary, U.S. Commission, 500 E Street SW, 26, 2019), unreviewed by, Notice (Oct. International Trade Commission, Washington, DC 20436, telephone (202) 17, 2019); Order Nos. 15–21 (Sept. 27, Washington, DC, and by publishing the 205–3228. Copies of non-confidential 2019 for all), unreviewed by, Notice notice in the Federal Register on March documents filed in connection with this (Oct. 17, 2019); Order Nos. 23–25 (Oct. 25, 2020 (85 FR 16957). Subsequently, investigation may be viewed on the 2, 2019 for all), unreviewed by, Notice the Commission cancelled its previously Commission’s electronic docket (EDIS) (Oct. 23, 2019); Order No. 27 (Oct. 9, scheduled hearing following a request at https://edis.usitc.gov. For help 2019), unreviewed by, Notice (Nov. 6, on behalf of the domestic interested accessing EDIS, please email 2019); Order No. 26 (Oct. 9, 2019)), parties (85 FR 43602, July 17, 2020). [email protected]. General unreviewed by, Notice (Nov. 8, 2019); The Commission made these information concerning the Commission Order No. 30 (Oct. 25, 2019), determinations pursuant to section may also be obtained by accessing its unreviewed by, Notice (Nov. 21, 2019); 751(c) of the Act (19 U.S.C. 1675(c)). internet server at https://www.usitc.gov. Order No. 34 (Nov. 7, 2019), unreviewed The Commission determined that these Hearing-impaired persons are advised by, Notice (Dec. 11, 2019); Order No. 35 reviews were extraordinarily that information on this matter can be (Jan. 24, 2020), unreviewed by, Notice complicated and extended the review obtained by contacting the (Feb. 25, 2020). period by up to 90 days. It completed Commission’s TDD terminal on (202) On November 21, 2019, the and filed its determinations in these 205–1810. Commission found respondent Go- reviews on September 17, 2020. The SUPPLEMENTARY INFORMATION: On May Higher in default. See Order No. 31 views of the Commission are contained 16, 2019, the Commission instituted this (Oct. 25, 2019), unreviewed by, Notice in USITC Publication 5117 (September investigation based on a complaint filed (Nov. 21, 2019). On November 22, 2019, 2020), entitled Polyethylene by Mohawk Industries, Inc. of Calhoun, the Commission found an additional Terephthalate (PET) Film, Sheet, and Georgia; Flooring Industries Ltd. Sarl of eight respondents in default: ABK; Strip from India and Taiwan: Bertrange, Luxembourg; and IVC US Inc. Aurora; Divine; Lejia; Licheer; Maxwell Investigation Nos. 701–TA–415 and of Dalton, Georgia (collectively, Flooring; Mr. Hardwood; and Sam 731–TA–933–934 (Third Review). ‘‘Complainants’’). 84 FR 22161 (May 16, Houston. See Order No. 32 (Oct. 30, By order of the Commission. 2019). The complaint, as supplemented, 2019), unreviewed by, Notice (Nov. 22, alleges a violation of section 337 of the 2019). On November 25, 2019, the Tariff Act of 1930, as amended, 19 Commission found respondent 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 U.S.C. 1337 (‘‘section 337’’) in the Runchang in default. See Order No. 33 CFR 207.2(f)). importation into the United States, the (Oct. 30, 2019), unreviewed by, Notice 2 Chair Jason E. Kearns not participating. sale for importation, or the sale within (Nov. 25, 2019).

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On January 15, 2020, Complainants 2020, OUII submitted a reply to The authority for the Commission’s filed a motion for summary Complainants’ response. No other determination is contained in section determination that Complainants have submissions were filed in response to 337 of the Tariff Act of 1930, as satisfied the domestic industry the Notice. amended (19 U.S.C. 1337), and in Part requirement and of a violation of section As noted above, the Commission 210 of the Commission’s Rules of 337 by the Defaulting Respondents. affirms the ID’s finding that there is a Practice and Procedure (19 CFR part Complainants filed supplements to their violation of section 337 with respect to 210). Defaulting Respondents. Moreover, the summary determination motion on By order of the Commission. January 23, 2020, February 11, 2020, Commission finds that the statutory Issued: September 16, 2020. and February 19, 2020. On February 12, requirements for issuance of a GEO 2020, OUII filed a response to under section 337(d)(2) are met with Lisa Barton, Complainants’ motion. On May 14, respect to the Defaulting Respondents. Secretary to the Commission. 2020, OUII filed a supplemental See 19 U.S.C. 1337(d)(2). The [FR Doc. 2020–20843 Filed 9–21–20; 8:45 am] response. Commission also finds that issuance of BILLING CODE 7020–02–P On May 15, 2020, the ALJ issued CDOs against the five domestic Order No. 36 granting the motion for Defaulting Respondents is appropriate summary determination and finding a under 337(f)(1). See 19 U.S.C. 1337(f)(1). DEPARTMENT OF JUSTICE violation of section 337 by the In addition, the Commission finds that Defaulting Respondents. The ALJ the public interest factors do not Executive Office for Immigration recommended that the Commission preclude issuance of the requested Review issue a GEO prohibiting entry of luxury relief. See 19 U.S.C. 1337(d)(1), (f)(1). [OMB Number 1125–0005] vinyl tiles that infringe the asserted The Commission therefore has claims of the Asserted Patents and CDOs determined that the appropriate remedy Agency Information Collection against the five domestic Defaulting in this investigation is: (1) A GEO Activities; Proposed Collection; Respondents: ABK, Aurora, Maxwell prohibiting the unlicensed entry of Comments Requested; Notice of Entry Flooring, Mr. Hardwood, and Sam certain luxury vinyl tile and of Appearance as Attorney or Houston. The ALJ also recommended components thereof that infringe one or Representative Before the Board of setting a bond of $0.08 per square foot more of claims 7–8, 13, 15–17, 20–23, Immigration Appeals of luxury vinyl tile product and and 30 of the ’460 patent, claims 1–6, components thereof imported during the 8, 10–11, 13–16, and 18 of the ’490 AGENCY: Executive Office for period of Presidential review. Id. No patent, and claims 1–4, 6–16, 18, and Immigration Review, Department of party petitioned for review of the ID. 20–26 of the ’655 patent; and (2) CDOs Justice. On June 30, 2020, the Commission against ABK, Aurora, Maxwell Flooring, ACTION: 30-Day notice. determined to review the ID in part. 85 Mr. Hardwood, and Sam Houston. The FR 40683 (July 7, 2020). On review, the Commission has also determined that SUMMARY: The Department of Justice Commission affirmed the finding of the bond during the period of (DOJ), Executive Office for Immigration violation of section 337 by the Presidential review shall be in the Review (EOIR), will be submitting the Defaulting Respondents’ importation of amount of $0.08 per square foot of following information collection request luxury vinyl tile and components imported luxury vinyl tile and to the Office of Management and Budget thereof that infringe one or more claims components thereof that are subject to (OMB) for review and approval in of the Asserted Patents. Id. Further, the the GEO and CDOs. See 19 U.S.C. accordance with the Paperwork Commission determined to review and, 1337(j). The Commission has further Reduction Act of 1995. on review, to take no position on the determined to vacate the findings under DATES: Comments are encouraged and ID’s findings regarding the economic review to the extent the ID adjudicates will be accepted for an additional days prong of the domestic industry infringement of the Asserted Patents as until October 22, 2020. requirement under subsection to non-respondents. 337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)) The Commission’s orders were FOR FURTHER INFORMATION CONTACT: with respect to the ’460 patent. Id. The delivered to the President and to the Written comments and Commission also determined to review United States Trade Representative on recommendations for the proposed the ID’s findings regarding a domestic the day of their issuance. The information collection should be sent industry for the ’490 and ’655 patents, investigation is terminated. within 30 days of publication of this and on review, to clarify that the While temporary remote operating notice to www.reginfo.gov/public/do/ Commission did not intend to imply procedures are in place in response to PRAMain. Find this particular that the investments already made with COVID–19, the Office of the Secretary is information collection by selecting respect to those patents are not not able to serve parties that have not ‘‘Currently under 30-day Review—Open significant or could not be used to show retained counsel or otherwise provided for Public Comments’’ or by using the the existence of a domestic industry a point of contact for electronic service. search function. under section 337(a)(3). Id. The Accordingly, pursuant to Commission If you need a copy of the proposed Commission further determined to Rules 201.16(a) and 210.7(a)(1) (19 CFR information collection instrument with review the ID’s findings as to two 201.16(a), 210.7(a)(1)), the Commission instructions or additional information, products from non-parties, i.e., the orders that the Complainant complete please contact Lauren Alder Reid, Quickstyle and Uniflor Aqua products. service for any party without a method Assistant Director, Office of Policy, Id. The Notice also requested written of electronic service noted on the Executive Office for Immigration submissions on remedy, public interest, attached Certificate of Service and shall Review, 5107 Leesburg Pike, Suite 2500, and bonding. See id. file proof of service on the Electronic Falls Church, VA 22041, telephone: On July 15, 2020, Complainants and Document Information System (EDIS). (703) 305–0289. OUII submitted briefs on remedy, public The Commission vote for this SUPPLEMENTARY INFORMATION: Written interest, and bonding supporting the determination took place on September comments and suggestions from the ALJ’s recommendations. On July 22, 16, 2020. public and affected agencies concerning

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the proposed collection of information Dated: September 16, 2020. —Evaluate whether and if so how the are encouraged. Your comments should Melody D. Braswell, quality, utility, and clarity of the address one or more of the following Department Clearance Officer for PRA, U.S. information to be collected can be four points: Department of Justice. enhanced; and —Evaluate whether the proposed [FR Doc. 2020–20818 Filed 9–21–20; 8:45 am] —Minimize the burden of the collection collection of information is necessary BILLING CODE 4410–30–P of information on those who are to for the proper performance of the respond, including through the use of functions of the agency, including appropriate automated, electronic, whether the information will have DEPARTMENT OF JUSTICE mechanical, or other technological practical utility; collection techniques or other forms Federal Bureau of Investigation —Evaluate the accuracy of the agency’s of information technology, e.g., estimate of the burden of the [OMB Number 1110–0005] permitting electronic submission of proposed collection of information, responses. Agency Information Collection including the validity of the Overview of This Information Activities; Proposed eCollection methodology and assumptions used; Collection eComments Requested; Extension —Enhance the quality, utility, and Without Change, of a Currently (1) Type of Information Collection: clarity of the information to be Approved Collection; Age, Sex, Race, Extension of a currently approved collected; and/or and Ethnicity of Persons Arrested collection. —Minimize the burden of the collection Under 18 Years of Age; Age, Sex Race, (2) The Title of the Form/Collection: of information on those who are to and Ethnicity of Persons Arrested 18 Age, Sex, Race, and Ethnicity of Persons respond, including through the use of Years of Age and Over Arrested Under 18 Years of Age; and appropriate automated, electronic, Age, Sex, Race, and Ethnicity of Persons AGENCY: mechanical, or other technological Criminal Justice Information Arrested 18 Years of Age and Over. collection techniques or other forms Services Division, Federal Bureau of (3) The agency form number, if any, of information technology, e.g., Investigation, Department of Justice. and the applicable component of the permitting electronic submission of ACTION: 30-Day notice. Department sponsoring the collection: responses. SUMMARY: The Department of Justice, The form number is 1–708 and 1–708a. Overview of This Information Federal Bureau of Investigation, The applicable component within the Collection Criminal Justice Information Services Department of Justice is the Criminal Justice Information Services Division, in (1) Type of Information Collection: Division, will be submitting the the Federal Bureau of Investigation. Revision and extension of a currently following information collection request (4) Affected public who will be asked approved collection. to the Office of Management and Budget for review and approval in accordance or required to respond, as well as a brief (2) The Title of the Form/Collection: abstract: Primary: Federal, state, county, Notice of Entry of Appearance as with the Paperwork Reduction Act of 1995. city, and tribal law enforcement Attorney or Representative Before the agencies. Abstract: Under the Uniform Board of Immigration Appeals. DATES: Comments are encouraged and Federal Crime Reporting Act, 34 U.S.C. (3) The agency form number: EOIR–27 will be accepted for 30 days until 41303; the William Wilberforce (OMB #1125–0005). November 23, 2020. Trafficking Victims Protection (4) Affected public who will be asked ADDRESSES: Written comments and Reauthorization Act of 2008, 34 U.S.C. or required to respond, as well as a brief recommendations for the proposed 41309 ; and 28 CFR 0.85(f), FBI, General abstract: Primary: Attorneys or information collection should be sent Functions, this collection requests the representatives notifying the Board of within 30 days of publication of this number of arrests from federal, state, Immigration Appeals (Board) that they notice to www.reginfo.gov/public/do/ county, city, and tribal law enforcement are representing a party in proceedings PRAMain. Find this particular agencies in order for the Federal Bureau before the Board. Other: None. Abstract: information collection by selecting of Investigation Uniform Crime This information collection is necessary ‘‘Currently under 30-day Review—Open Reporting Program to obtain ASRE data to allow an attorney or representative to for Public Comments’’ or by using the in furtherance of serving as the national notify the Board that he or she is search function. clearinghouse for the collection and representing a party before the Board. SUPPLEMENTARY INFORMATION: Written dissemination of criminal statistics and (5) An estimate of the total number of comments and suggestions from the to publish this data in Crime in the respondents and the amount of time public and affected agencies concerning United States. estimated for an average respondent to the proposed collection of information (5) An estimate of the total number of respond: It is estimated that 36,299 are encouraged. Your comments should respondents and the amount of time respondents will complete each form address one or more of the following estimated for an average respondent to within approximately 6 minutes. four points: respond: There are approximately 8,054 (6) An estimate of the total public —Evaluate whether the proposed law enforcement agency respondents burden (in hours) associated with the collection of information is necessary that submit monthly for a total of 88,637 collection: 3,630 annual burden hours. for the proper performance of the responses; calculated estimates indicate If additional information is required functions of the Federal Bureau of 12 minutes per response for form 1– contact: Melody D. Braswell, Investigation, including whether the 708a and 15 minutes per response for Department Clearance Officer, United information will have practical utility; form 1–708. States Department of Justice, Justice —Evaluate the accuracy of the agency’s (6) An estimate of the total public Management Division, Policy and estimate of the burden of the burden (in hours) associated with the Planning Staff, Two Constitution proposed collection of information, collection: There are approximately Square, 145 N Street NE, 3E.405B, including the validity of the 39,886 hours, annual burden, associated Washington, DC 20530. methodology and assumptions used; with this information collection.

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If additional information is required —Evaluate the accuracy of the agency’s If additional information is required contact: Melody Braswell, Department estimate of the burden of the contact: Melody Braswell, Department Clearance Officer, United States proposed collection of information, Clearance Officer, United States Department of Justice, Justice including the validity of the Department of Justice, Justice Management Division, Policy and methodology and assumptions used; Management Division, Policy and Planning Staff, Two Constitution —Evaluate whether and if so how the Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, quality, utility, and clarity of the Square, 145 N Street NE, 3E.405A, Washington, DC 20530. information to be collected can be Washington, DC 20530. Dated: September 16, 2020. enhanced; and Dated: September 16, 2020. —Minimize the burden of the collection Melody Braswell, Melody Braswell, of information on those who are to Department Clearance Officer for PRA, U.S. Department Clearance Officer for PRA, U.S. Department of Justice. respond, including through the use of Department of Justice. appropriate automated, electronic, [FR Doc. 2020–20816 Filed 9–21–20; 8:45 am] mechanical, or other technological [FR Doc. 2020–20817 Filed 9–21–20; 8:45 am] BILLING CODE 4410–02–P collection techniques or other forms BILLING CODE 4410–02–P of information technology, e.g., DEPARTMENT OF JUSTICE permitting electronic submission of DEPARTMENT OF JUSTICE responses. Federal Bureau of Investigation Overview of This Information Notice of Lodging of Proposed Consent Decree Under the Clean Air [OMB Number 1110–0008] Collection Act (1) Type of Information Collection: Agency Information Collection Extension of a currently approved On September 14, 2020, the Activities; Proposed Collection collection. Department of Justice lodged a proposed Comments Requested; Extension (2) The Title of the Form/Collection: consent decree with the United States Without Change, of a Currently Monthly Return of Arson Offenses District Court for the District of Approved Collection; Monthly Return Known to Law Enforcement. Columbia in United States v. Daimler of Arson Offenses Known to Law (3) The agency form number, if any, AG and Mercedes-Benz USA, LLC, Civil Enforcement and the applicable component of the Action No. 1:20–cv–2564. AGENCY: Federal Bureau of Department sponsoring the collection: The United States filed a complaint Investigation, Department of Justice. The form number is 1–725. The under Clean Air Act Sections 204 and 205, 42 U.S.C. 7523 and 7524, and ACTION: 30-Day notice. applicable component within the Department of Justice is the Criminal regulations promulgated under Clean SUMMARY: The Department of Justice, Justice Information Services Division, in Air Act Section 202, 42 U.S.C. 7521, and Federal Bureau of Investigation, the Federal Bureau of Investigation. codified at 40 CFR part 86, seeking Criminal Justice Information Services (4) Affected public who will be asked injunctive relief and civil penalties for Division, will be submitting the or required to respond, as well as a brief the Defendants’ sale of over 250,000 following information collection request abstract: diesel vans and passenger cars that the to the Office of Management and Budget Primary: Federal, state, county, city, United States contends contain for review and approval in accordance and tribal law enforcement agencies. undisclosed auxiliary emission control with the Paperwork Reduction Act of Abstract: Under 34 U.S.C. 41303, devices and ‘‘defeat devices’’ installed 1995. Uniform Federal Crime Reporting Act; in the vehicles’ complex emission the Anti-Arson Act of 1982; and Federal control systems to circumvent emissions DATES: Comments are encouraged and Bureau of Investigation, General testing. The United States will be accepted for 30 days until Functions, 28 CFR 0.85(f), this simultaneously lodged a consent decree October 22, 2020. collection requests the number of that would settle these claims and ADDRESSES: Written comments and reported arson offenses from federal, claims in a separate civil complaint recommendations for the proposed state, county, city, and tribal law filed by the California Resources Board information collection should be sent enforcement agencies in order for the (CARB) on the same day. within 30 days of publication of this Federal Bureau of Investigation Uniform Under the proposed decree, the notice to www.reginfo.gov/public/do/ Crime Reporting Program to serve as the Defendants will have to (1) recall and PRAMain. Find this particular national clearinghouse for the collection repair, at no cost to consumers, at least information collection by selecting and dissemination of arson data and to 85 percent of the affected vans and at ‘‘Currently under 30-day Review—Open publish these statistics in the least 85 percent of the affected for Public Comments’’ or by using the Preliminary report and Crime in the passenger cars to remove the defeat search function. United States. devices and bring the vehicles into SUPPLEMENTARY INFORMATION: Written 5 An estimate of the total number of compliance with applicable emissions comments and suggestions from the respondents and the amount of time standards; (2) perform a project to public and affected agencies concerning estimated for an average respondent to mitigate excess nitrogen oxides emitted the proposed collection of information respond: There are approximately 8,054 from the affected vehicles in all states are encouraged. Your comments should law enforcement agency respondents except the State of California; (3) pay address one or more of the following that submit monthly for a total of 88,637 $110,000 to CARB to fund mitigation four points: responses with an estimated response projects in California; (4) reform —Evaluate whether the proposed time of nine minutes per response. corporate compliance measures to try to collection of information is necessary 6 An estimate of the total public prevent future emissions cheating; and for the proper performance of the burden (in hours) associated with the (5) pay an $875 million civil penalty. Of functions of the Federal Bureau of collection. There are approximately this amount, the Defendants must pay Investigation, including whether the 13,296 hours, annual burden, associated $743,750,000 to the United States and information will have practical utility; with this information collection. $131,250,000 to CARB.

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The publication of this notice opens Sections 106 and 107(a) of the ENRD, P.O. Box 7611, Washington, DC a period for public comment on the Comprehensive Environmental 20044–7611. proposed consent decree. Comments Response, Compensation, and Liability Please enclose a check or money order should be addressed to the Assistant Act (‘‘CERCLA’’) and injunctive relief for $12.25 (25 cents per page Attorney General, Environment and under Tenn. Code Ann §§ 68–212–206 reproduction cost) payable to the United Natural Resources Division, and should and 68–212–227 relating to the release States Treasury. The document does not refer to United States v. Daimler AG and or threatened release of hazardous contain the exhibits and signature Mercedes-Benz USA, LLC, D.J. Ref. No. substances into the environment at pages. 90–5–2–1–11788. All comments must be Operable Unit Two (‘‘OU2’’) of the Lori Jonas, submitted no later than thirty (30) days National Fireworks Superfund Assistant Section Chief, Environmental after the publication date of this notice. Alternative Site (the ‘‘Site’’), located in Enforcement Section, Environment and Comments may be submitted either by Cordova, Shelby County, Tennessee. Natural Resources Division. Under the terms of the proposed email or by mail: [FR Doc. 2020–20908 Filed 9–21–20; 8:45 am] Consent Decree, Defendant will BILLING CODE 4410–15–P To submit Send them to: reimburse $677,715 of the costs comments: incurred by the United State Environmental Protection Agency By email ...... pubcomment-ees.enrd@ DEPARTMENT OF JUSTICE usdoj.gov. (‘‘EPA’’) and Defendant will reimburse By mail ...... Assistant Attorney General, $3,827.26 of the costs incurred by the Notice Lodging of Proposed Consent U.S. DOJ—ENRD, P.O. State of Tennessee (the ‘‘State’’) in Decree Under the Comprehensive Box 7611, Washington, DC connection with response actions at Environmental Response, 20044–7611. OU2 of the Site. Defendant also will Compensation, and Liability Act reimburse EPA and the State for their During the public comment period, future responses at OU2 and will On September 15, 2020 the the proposed consent decree may be perform the work set forth in the interim Department of Justice lodged a proposed examined and downloaded at this Record of Decision issued by EPA on Consent Decree with the United States Justice Department website: https:// September 30, 2014. The United States District Court for the Southern District www.justice.gov/enrd/consent-decrees. Department of Defense (‘‘DOD’’) is a of Iowa in the lawsuit entitled United We will provide a paper copy of the settling federal agency. Under the terms States v. Dico, Inc. and Titan Tire proposed consent decree upon written of the Consent Decree, DOD will pay Corporation, Civil Action No. 4:10–cv– request and payment of reproduction Defendant $1,304,985 towards a 00503–RP–RAW. costs. Please mail your request and percentage of Defendant’s past and The United States filed this lawsuit payment to: Consent Decree Library, future costs at OU2 and in contribution under the Comprehensive U.S. DOJ—ENRD, P.O. Box 7611, towards the payments that the Environmental Response, Washington, DC 20044–7611. Defendant is making for EPA’s and the Compensation, and Liability Act Please enclose a check or money order State’s response costs. (‘‘CERCLA’’). The United States’ for $37.00 (25 cents per page The publication of this notice opens complaint sought civil penalties and reproduction cost, excluding a period for public comment on the punitive damages against Dico, Inc. for appendices) payable to the United Consent Decree. Comments should be violations of an EPA order at the Des States Treasury. addressed to the Assistant Attorney Moines TCE Superfund Site and the General, Environment and Natural recovery of the United States’ past and Lori Jonas, Resources Division, and should refer to future response costs at the Southern Assistant Section Chief, Environmental United States and State of Tennessee v. Iowa Mechanical (‘‘SIM’’) Site against Enforcement Section, Environment and Security Signals, Inc., D.J. Ref. No. 90– Dico, Inc. and Titan Tire Corporation Natural Resources Division. 11–3–11315. All comments must be jointly and severally. The United States [FR Doc. 2020–20866 Filed 9–21–20; 8:45 am] submitted no later than thirty (30) days obtained judgments against Dico, Inc. BILLING CODE P after the publication date of this notice. for $1.62 million in civil penalties and Comments may be submitted either by $5.45 million in punitive damages, and email or by mail: against Dico, Inc. and Titan Tire DEPARTMENT OF JUSTICE Corporation jointly and severally for past response costs of $5.45 million and Notice of Lodging of Proposed To submit Send them to: comments: all future response costs at the SIM Site. Consent Decree Under the The Consent Decree requires the Comprehensive Environmental By email ...... pubcomment-ees.enrd@ Defendants and their ultimate parent Response, Compensation, and Liability usdoj.gov. company, Titan Tire International, Inc., Act (CERCLA) By mail ...... Assistant Attorney General, U.S. DOJ—ENRD, P.O. jointly and severally, to pay $11.5 On September 15, 2020, the Box 7611, Washington, DC million to satisfy these judgments and a Department of Justice lodged a proposed 20044–7611. separate judgment obtained by the Consent Decree with the United States United States on March 29, 2000 in Case District Court for the Western District of During the public comment period, No. 4–95–cv–10289 (S.D. Iowa) against Tennessee in the lawsuit entitled United the Consent Decree may be examined Dico, Inc. for $4.12 million in past States and State of Tennessee v. and downloaded at this Justice response costs at the Des Moines TCE Security Signals, Inc., Civil Action No. Department website: https:// Site. The Consent Decree also requires 2:20–cv–02689–JMP. www.justice.gov/enrd/consent-decrees. Dico, Inc. to donate or convey the Dico The Consent Decree resolves the We will provide a paper copy of the Property to the City of Des Moines (the United States and State of Tennessee’s Consent Decree upon written request ‘‘City’’) for no more than $10.00. Under claims set forth in the Complaint against and payment of reproduction costs. the Consent Decree, the City will Security Signals, Inc. (‘‘Defendant’’) for Please mail your request and payment undertake certain response actions at injunctive relief and cost recovery under to: Consent Decree Library, U.S. DOJ— the Dico Property, including ongoing

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operation and maintenance of the DEPARTMENT OF LABOR [email protected] or by mail to groundwater treatment remedy. EPA U.S. Department of Labor, 200 will also undertake certain response Employee Benefits Security Constitution Ave. NW, Suite N–5700, actions at the Site under the Consent Administration Washington, DC 20210. Nominations Decree, including demolition of the must be received on or before November Advisory Council on Employee Welfare remaining contaminated buildings, a 6, 2020. The Department will not and Pension Benefit Plans; consider nominations received after removal action at the South Pond, and Nominations for Vacancies an upgrade to the groundwater November 6, 2020. If sending treatment system. In exchange for these Section 512 of the Employee electronically, please use an attachment commitments, the United States agrees Retirement Income Security Act of 1974 in rich text, Word, or pdf format. Please not to sue the Defendants, Titan (ERISA), 88 Stat. 895, 29 U.S.C. 1142, allow three weeks for regular mail delivery to the Department of Labor. International, Inc., and the City under provides for the establishment of an Nominations may be in the form of a CERCLA Sections 106 and 107. Advisory Council on Employee Welfare and Pension Benefit Plans (the Council), letter, resolution, or petition signed by The publication of this notice opens consisting of 15 members appointed by the person making the nomination or, in a period for public comment on the the Secretary of Labor (the Secretary) as the case of a nomination by an Consent Decree. Comments should be follows: organization, by an authorized addressed to the Assistant Attorney • Three representatives of employee representative of the organization. The General, Environment and Natural organizations (at least one of whom Department of Labor encourages you to Resources Division, and should refer to shall be a representative of an include additional supporting letters of United States v. Dico, Inc. and Titan organization whose members are nomination. The Department of Labor Tire Corporation, D.J. Ref. No. 90–11–3– participants in a multiemployer plan); will not consider self-nominees who 09925. All comments must be submitted • three representatives of employers have no supporting letters. no later than thirty (30) days after the (at least one of whom shall be a Nominations, including supporting publication date of this notice. representative of employers maintaining letters, should: Comments may be submitted either by or contributing to multiemployer plans); • State the person’s qualifications to email or by mail: • three representatives from the serve on the Council (including any general public (one of whom shall be a particular specialized knowledge or experience relevant to the nominee’s To submit Send them to: person representing those receiving comments: benefits from a pension plan); and proposed Council position); • one representative each from the • state that the candidate will accept By email ...... pubcomment-ees.enrd@ fields of insurance, corporate trust, appointment to the Council if offered; usdoj.gov. actuarial counseling, investment • By mail ...... Assistant Attorney General, include which of the five positions U.S. DOJ—ENRD, P.O. counseling, investment management, (representing groups or fields) you are Box 7611, Washington, and accounting. nominating the candidate to fill; D.C. 20044–7611. No more than eight members of the • include the nominee’s full name, Council shall be members of the same work affiliation, mailing address, phone political party. During the public comment period, number, and email address; Council members must be qualified to • the Consent Decree may be examined include the nominator’s full name, appraise the programs instituted under work affiliation, mailing address, phone and downloaded at this Justice ERISA. Appointments are for three-year Department website: https:// number, and email address; terms. The Council’s prescribed duties • www.justice.gov/enrd/consent-decrees. include the nominator’s signature, are to advise the Secretary with respect whether sent by email or otherwise. We will provide a paper copy of the to carrying out his functions under Consent Decree upon written request Please do not include any information ERISA, and to submit to the Secretary, that you do not want publicly disclosed. and payment of reproduction costs. or his designee, related The Department of Labor will contact Please mail your request and payment recommendations. The Council will nominees for information on their to: Consent Decree Library, U.S. DOJ— meet at least four times each year. political affiliation and their status as ENRD, P.O. Box 7611, Washington, DC The terms of five Council members registered lobbyists. Anyone currently 20044–7611. expire at the end of this year. The subject to federal registration groups or fields they represent are as Please enclose a check or money order requirements as a lobbyist is not eligible follows: for $34.50 (25 cents per page for appointment. Nominees should be (1) Employee organizations; reproduction cost) payable to the United aware of the time commitment for (2) employers; States Treasury. For a paper copy attending meetings and actively (3) the general public; without the appendices and signature participating in the work of the Council. (4) corporate trust; and pages, the cost is $9.50. Historically, this has meant a (5) investment management. commitment of at least 20 days per year. The Department of Labor is Susan M. Akers, The Department of Labor has a process committed to equal opportunity in the Assistant Section Chief, Environmental for vetting nominees under workplace and seeks a broad-based and Enforcement Section, Environment and consideration for appointment. Natural Resources Division. diverse Council. Signed at Washington, DC, this 16th day of [FR Doc. 2020–20835 Filed 9–21–20; 8:45 am] If you or your organization wants to nominate one or more people for September, 2020. BILLING CODE 4410–15–P appointment to the Council to represent Jeanne Klinefelter Wilson, one of the groups or fields specified Acting Assistant Secretary, Employee Benefits above, submit nominations to Christine Security Administration. Donahue, Council Executive Secretary, [FR Doc. 2020–20875 Filed 9–21–20; 8:45 am] as email attachments to BILLING CODE 4510–29–P

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DEPARTMENT OF LABOR agency cautions commenters about can perform independent safety testing submitting statements they do not want and certification of the specific products Occupational Safety and Health made available to the public, or covered within the scope of recognition. Administration submitting comments that contain Each NRTL’s scope of recognition personal information (either about [Docket No. OSHA–2007–0083] includes (1) the type of products the themselves or others) such as Social NRTL may test, with each type specified Applied Research Laboratories of Security numbers, birth dates, and by the applicable test standard; and (2) South Florida LLC. Application for medical data. the recognized site(s) that has/have the Expansion of Recognition Docket: To read or download technical capability to perform the comments or other material in the product-testing and product- AGENCY: Occupational Safety and Health docket, go to https:// certification activities for test standards Administration (OSHA), Labor. www.regulations.gov or the OSHA within the NRTL’s scope. Recognition is ACTION: Docket Office at the above address. All Notice. not a delegation or grant of government documents in the docket (including this authority; however, recognition enables SUMMARY: In this notice, OSHA Federal Register notice) are listed in the announces the application of Applied https://www.regulations.gov index; employers to use products approved by Research Laboratories of South Florida however, some information (e.g., the NRTL to meet OSHA standards that LLC., for expansion of recognition as a copyrighted material) is not publicly require product testing and certification. Nationally Recognized Testing available to read or download through The agency processes applications by Laboratory (NRTL) and presents the the website. All submissions, including a NRTL for initial recognition and for an agency’s preliminary finding to grant copyrighted material, are available for expansion or renewal of this the application. inspection through the OSHA Docket recognition, following requirements in DATES: Submit comments, information, Office. Appendix A to 29 CFR 1910.7. This and documents in response to this Extension of comment period: Submit appendix requires that the agency notice, or requests for an extension of requests for an extension of the publish two notices in the Federal time to make a submission, on or before comment period on or before October 7, Register in processing an application. In October 7, 2020. 2020 to the Office of Technical the first notice, OSHA announces the ADDRESSES: Submit comments by any of Programs and Coordination Activities, application and provides a preliminary the following methods: Directorate of Technical Support and finding. In the second notice, the agency Emergency Management, Occupational Electronically: You may submit provides the final decision on the Safety and Health Administration, U.S. comments and attachments application. These notices set forth the Department of Labor, 200 Constitution electronically at https:// NRTL’s scope of recognition or Avenue NW, Room N–3653, www.regulations.gov, which is the modifications of that scope. OSHA Federal eRulemaking Portal. Follow the Washington, DC 20210, or by fax to (202) 693–1644. maintains an informational web page for instructions online for submitting each NRTL, including ARL, which comments. FOR FURTHER INFORMATION CONTACT: details the NRTL’s scope of recognition. Facsimile: If your comments, Information regarding this notice is These pages are available from the including attachments, are not longer available from the following sources: OSHA website at http://www.osha.gov/ than 10 pages, you may fax them to the Press inquiries: Contact Mr. Frank OSHA Docket Office at (202) 693–1648. Meilinger, Director, OSHA Office of dts/otpca/nrtl/index.html. Mail, hand delivery, express mail, Communications, U.S. Department of ARL currently has one facility (site) messenger, or courier service: When Labor, telephone: (202) 693–1999; recognized by OSHA for product testing using this method, you must submit a email: [email protected]. and certification, with headquarters copy of your comments and attachments General and technical information: located at: Applied Research to the OSHA Docket Office, Docket No. Contact Mr. Kevin Robinson, Director, Laboratories of South Florida LLC, 5371 OSHA–2007–0083, Occupational Safety Office of Technical Programs and NW 161st Street, Miami, Florida 33014. and Health Administration, U.S. Coordination Activities, Directorate of A complete list of ARL’s scope of Department of Labor, Room N–3653, Technical Support and Emergency recognition is available at https:// 200 Constitution Avenue NW, Management, Occupational Safety and www.osha.gov/dts/otpca/nrtl/arl.html. Washington, DC 20210; telephone: (202) Health Administration, U.S. Department 693–2350. OSHA’s TTY number is (877) of Labor, phone: (202) 693–2110 or II. General Background on the 889–5627. Please note: While OSHA’s email: [email protected]. Application docket office is continuing to accept and SUPPLEMENTARY INFORMATION: process submissions by regular mail, ARL submitted an application, dated due to the COVID–19 pandemic, the I. Notice of the Application for June 13, 2019 (OSHA–2007–0083– Docket Office is closed to the public and Expansion 0055), to expand recognition to include not able to receive submissions to the OSHA is providing notice that two additional test standards. OSHA rulemaking record by express delivery, Applied Research Laboratories of South staff performed a detailed analysis of the hand delivery, and messenger service. Florida LLC. (ARL), is applying for application packet and reviewed other Instructions: All submissions must expansion of recognition as a NRTL. pertinent information. OSHA did not include the agency name and OSHA ARL requests the addition of two test perform any on-site reviews in relation docket number (OSHA–2007–0083). standards to the NRTL scope of to this application. OSHA places comments and other recognition. Table 1 lists the appropriate test materials, including any personal OSHA recognition of a NRTL signifies standard found in ARL’s application to information, in the public docket that the organization meets the expand for testing and certification of without revision, and these materials requirements specified in 29 CFR products under the NRTL Program. will be available online at http:// 1910.7. Recognition is an www.regulations.gov. Therefore, the acknowledgment that the organization

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TABLE 1—PROPOSED LIST OF APPRO- IV. Authority and Signature use in the workplace. NRTLs are PRIATE TEST STANDARDS FOR IN- Loren Sweatt, Principal Deputy independent laboratories that meet CLUSION IN ARL’S NRTL SCOPE OF Assistant Secretary of Labor for OSHA’s requirements for performing RECOGNITION Occupational Safety and Health, safety testing and certification of authorized the preparation of this products used in the workplace. To Test standard Test standard title notice. Accordingly, the agency is obtain and retain OSHA recognition, the issuing this notice pursuant to 29 U.S.C. NRTLs must meet the requirements in ANSI/UL 399 .. Standard for Drinking-Water 657(g)(2), Secretary of Labor’s Order No. the NRTL Program regulations at 29 CFR Coolers. 1–2012 (77 FR 3912, Jan. 25, 2012), and 1910.7. More specifically, to be ANSI/UL 471 .. Standard for Commercial 29 CFR 1910.7. recognized by OSHA, an organization Refrigerators and Freez- must: (1) Have the appropriate ers. Signed at Washington, DC, on September capability to test, evaluate, and approve 15, 2020. products to assure their safe use in the III. Preliminary Findings on the Loren Sweatt, workplace; (2) be completely Application Principal Deputy Assistant Secretary of Labor independent of employers subject to the for Occupational Safety and Health. ARL submitted an acceptable tested equipment requirements, and application for expansion of [FR Doc. 2020–20872 Filed 9–21–20; 8:45 am] manufacturers and vendors of products recognition. OSHA’s review of the BILLING CODE 4510–26–P for which OSHA requires certification; application file, and pertinent (3) have internal programs that ensure documentation, indicates ARL can meet proper control of the testing and DEPARTMENT OF LABOR the requirements prescribed by 29 CFR certification process; and (4) have 1910.7 for expanding recognition to effective reporting and complaint Occupational Safety and Health handling procedures. Recognition is an include the addition of these two test Administration standards for NRTL testing and acknowledgement by OSHA that the certification listed above. This [Docket No. OSHA–2019–0009] NRTL has the capabilities to perform preliminary finding does not constitute independent safety testing and an interim or temporary approval of DEKRA Certification Inc.: Grant of certification of the specific products ARL’s application. Recognition and Modification to the covered within the NRTL’s scope of NRTL Program’s List of Appropriate OSHA welcomes public comment as recognition and is not a delegation or Test Standards to whether ARL meets the requirements grant of government authority. Recognition of a NRTL by OSHA also of 29 CFR 1910.7 for expansion of AGENCY: Occupational Safety and Health allows employers to use products recognition as a NRTL. Comments Administration (OSHA), Labor. certified by that NRTL to meet those should consist of pertinent written ACTION: Notice. documents and exhibits. Commenters OSHA standards that require product testing and certification. needing more time to comment must SUMMARY: In this notice, OSHA The agency processes applications for submit a request in writing, stating the announces the final decision to grant recognition to DEKRA Certification, initial recognition following reasons for the request. Commenters requirements in Appendix A of 29 CFR must submit the written request for an Inc., as a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA 1910.7. This appendix requires OSHA to extension by the due date for comments. publish two notices in the Federal OSHA will limit any extension to 10 announces the final decision to add two additional test standards to the NRTL Register in processing an application. In days unless the requester justifies a the first notice, OSHA announces the Program’s List of Appropriate Test longer period. OSHA may deny a application, provides the preliminary Standards. request for an extension if the request is finding, and solicits comments on the not adequately justified. To obtain or DATES: Recognition as a NRTL becomes preliminary findings. In the second review copies of the exhibits identified effective on September 22, 2020. notice, the agency provides the final in this notice, as well as comments FOR FURTHER INFORMATION CONTACT: decision on the application. These submitted to the docket, contact the Information regarding this notice is notices set forth the NRTL’s scope of Docket Office at the above address. available from the following sources: recognition. These materials also are available online Press inquiries: Contact Mr. Frank at http://www.regulations.gov under Meilinger, Director, OSHA Office of II. Notice of Final Decision Docket No. OSHA–2007–0083. Communications, U.S. Department of OSHA hereby gives notice of the OSHA staff will review all comments Labor, telephone: (202) 693–1999; agency’s decision to grant recognition to to the docket submitted in a timely email: [email protected]. DEKRA Certification, Inc., (DEKRA) as a manner. After addressing the issues General and technical information: NRTL. According to the public raised by these comments, the agency Contact Mr. Kevin Robinson, Director, information (see https://www.dekra- will make a recommendation to the Office of Technical Programs and product-safety.com/en/about-dekra), Assistant Secretary for Occupational Coordination Activities, Directorate of DEKRA states that it is an Safety and Health whether to grant Technical Support and Emergency internationally accredited testing ARL’s application for expansion of Management, Occupational Safety and laboratory. In the application, DEKRA recognition. The Assistant Secretary Health Administration, U.S. Department lists the current address of the will make the final decision on granting of Labor, phone: (202) 693–2110; email: headquarters as: DEKRA Certification, the application. In making this decision, [email protected]. Inc., 405 Glenn Drive, Suite 12, Sterling, the Assistant Secretary may undertake SUPPLEMENTARY INFORMATION: Virginia 20164. other proceedings prescribed in Each NRTL’s scope of recognition has Appendix A to 29 CFR 1910.7. I. Background two elements: (1) The type of products OSHA will publish a public notice of Many of OSHA’s workplace standards the NRTL may test, with each type the final decision in the Federal require that a NRTL test and certify specified by the applicable test Register. certain types of equipment as safe for standard; and (2) the recognized site(s)

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that have the technical capability to supplemental programs. OSHA and reviewed other pertinent perform the product-testing and published the preliminary notice information. OSHA staff also performed product-certification activities for the announcing DEKRA’s application for comprehensive on-site assessments of applicable test standards within the recognition in the Federal Register on DEKRA’s testing facilities, at DEKRA NRTL’s scope of recognition. DEKRA March 24, 2020 (85 FR 16673). The Arnhem, Netherlands on July 11–13, applied on December 8, 2016, for one agency requested comments by April 23, 2018, and DEKRA Sterling, Virginia on recognized site (OSHA–2019–0009– 2020, but it received no comments in October 30, 2018. Based on the review 0002). This application was amended on response to this notice. OSHA now is of this evidence, OSHA finds that October 4, 2018, to add a new site as the proceeding with this final notice to DEKRA meets the requirements of 29 company headquarters and requesting grant recognition to DEKRA as a NRTL. CFR 1910.7 for recognition as a NRTL, five supplemental programs within the To obtain or review copies of all subject to the limitations and conditions public documents pertaining to scope of recognition (OSHA–2019– listed below. OSHA, therefore is DEKRA’s application, go to 0009–0003). This application was proceeding with this final notice to www.regulations.gov or contact the amended again on October 8, 2019, to grant recognition to DEKRA as a NRTL. Docket Office, Occupational Safety and The following sections set forth the request thirty-four test standards be Health Administration, U.S. Department included within the scope of scope of recognition included in of Labor, 200 Constitution Avenue NW, DEKRA’s grant of recognition. recognition. On October 1, 2019, OSHA Room N–3647, Washington, DC 20210. published an update to the NRTL Docket No. OSHA–2019–0009 contains A. Standards Requested for Recognition Program Policies, Procedures and all materials in the record concerning Guidelines Directive, CPL–01–004, DEKRA’s recognition. OSHA limits DEKRA’s scope of which eliminates supplemental recognition to testing and certification programs from the NRTL Program. With III. Final Decision and Order of products for demonstration of this update, OSHA will no longer OSHA staff performed a detailed conformance to the test standards listed recognize NRTL applicants for analysis of DEKRA’s application packet in Table 1.

TABLE 1—APPROPRIATE TEST STANDARDS FOR INCLUSION IN DEKRA’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

AAMI 60601–1 ...... Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance. UL 1012 ...... Standard for Power Units Other Than Class 2. UL 1059 ...... Standard for Terminal Blocks. UL 1203 ...... Standard for Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Lo- cations. UL 121201 ...... Nonincendive Electrical Equipment for Use in Class I and II, Division 2 and Class III, Divisions 1 and 2 Haz- ardous (Classified) Locations. UL 1310 ...... Standard for Class 2 Power Units. UL 153 ...... Standard for Portable Electric Luminaires. UL 1598 ...... Luminaires. UL 1778 ...... Uninterruptible Power Systems. UL 2157 ...... Electric Clothes Washing Machines and Extractors. UL 50 ...... Enclosures for Electrical Equipment, Non-Environmental Considerations. UL 508A ...... Standard for Industrial Control Panels. UL 60065 ...... Standard for Audio, Video and Similar Electronic Apparatus—Safety Requirements. UL 60079–0 ...... Standard for Explosive Atmospheres—Part 0: Equipment—General Requirements. UL 60079–1 ...... Standard for Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’. UL 60079–2 ...... Standard for Explosive Atmospheres—Part 2: Equipment Protection by Pressurized Enclosure ‘p’. UL 60079–7 ...... Standard for Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘e’. UL 60079–11 ...... Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘‘i’’. UL 60079–15 ...... Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘n’. UL 60079–18 ...... Standard for Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘m’. UL 60079–26 ...... Standard for Explosive Atmospheres—Part 26: Equipment with Equipment Protection Level (EPL) Gas. UL 60079–30–1 ...... Standard for Explosive Atmospheres—Part 30–1: Electrical Resistance Trace Heating—General and Testing Re- quirements. UL 60079–31 ...... Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection by Enclosure ‘t’. UL 60730–1 ...... Automatic Electrical Controls—Part 1: General Requirements. UL 60730–2–9 ...... Standard for Automatic Electrical Controls—Part 2–9: Particular Requirements for Temperature Sensing Controls. UL 60950–1 ...... Information Technology Equipment—Safety—Part 1: General Requirements. UL 60950–22 ...... Information Technology Equipment—Safety—Part 22: Equipment to be Installed Outdoors. UL 61010–1 ...... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 1: General Requirements. UL 61058–1 ...... Switches for Appliances—Part 1: General Requirement. UL 62368–1 ...... Audio/video, Information and Communication Technology Equipment—Part 1: Safety Requirements. UL 858 ...... Standard for Household Electric Ranges. UL 858A ...... Safety-Related Solid-State Controls For Electric Ranges. UL 8750 ...... Standard for Light Emitting Diode (LED) Equipment for Use in Lighting Products. UL 913 ...... Standard for Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, III, Division 1, Haz- ardous (Classified) Locations.

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B. Sites Requested for Recognition to other NRTLs that operate multiple 3. DEKRA must continue to meet the sites. requirements for recognition, including OSHA limits DEKRA’s scope of all previously published conditions on recognition to include the two sites C. Conditions DEKRA’s scope of recognition, in all listed below: areas for which it has recognition. 1. DEKRA Certification, Inc., 405 In addition to those conditions Glenn Drive, Suite 12, Sterling, Virginia already required by 29 CFR 1910.7, IV. Final Decision To Add New Test 20164; and DEKRA also must abide by the Standards to the NRTL Program’s List following conditions of the recognition: 2. DEKRA Certification B.V. Arnhem of Appropriate Test Standards Meander 1051, 6825 MJ Arnhem, 1. DEKRA must inform OSHA as soon In this notice, OSHA also announces Gelderland, Netherlands. as possible, in writing, of any change of the addition of two new test standards OSHA’s recognition of these sites ownership, facilities, or key personnel, to the NRTL Program’s List of limits DEKRA to performing product and of any major change in the Appropriate Test Standards. Table 2, testing and certifications only to the test operations as a NRTL, and provide below, lists the test standards that are standards for which the site has the details of the change(s); new to the NRTL Program. OSHA has proper capability and programs, and for 2. DEKRA must meet all the terms of determined that these test standards are the test standards in DEKRA’s scope of the recognition and comply with all appropriate test standards and will recognition. This limitation is consistent OSHA policies pertaining to this include them in the NRTL Program’s with the recognition that OSHA grants recognition; and List of Appropriate Test Standards.

TABLE 2—TEST STANDARDS OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS

Test standard Test standard title

UL 60079–30–1 ...... Standard for Explosive Atmospheres—Part 30–1: Electrical Resistance Trace Heating—General and Testing Re- quirements. UL 60730–1 ...... Automatic Electrical Controls—Part 1: General Requirements.

Pursuant to the authority in 29 CFR SUMMARY: In this notice, OSHA due to the COVID–19 pandemic, the 1910.7, OSHA hereby grants recognition announces the applications of QAI docket office is closed to the public and to DEKRA as a NRTL, subject to these Laboratories, Ltd., for expansion of not able to receive submissions to the limitations and conditions specified recognition as a Nationally Recognized rulemaking record by express delivery, above. Testing Laboratory (NRTL) and presents hand delivery, and messenger service. the agency’s preliminary finding to Instructions: All submissions must V. Authority and Signature grant the applications. include the agency name and OSHA Loren Sweatt, Principal Deputy DATES: Submit comments, information, docket number (OSHA–2013–0017). Assistant Secretary of Labor for and documents in response to this OSHA places comments and other Occupational Safety and Health, notice, or requests for an extension of materials, including any personal authorized the preparation of this time to make a submission, on or before information, in the public docket notice. Accordingly, the agency is October 7, 2020. without revision, and these materials issuing this notice pursuant to 29 U.S.C. ADDRESSES: Submit comments by any of will be available online at http:// 657(g)(2), Secretary of Labor’s Order No. the following methods: www.regulations.gov. Therefore, the 1–2012 (77 FR 3912, Jan. 25, 2012), and Electronically: You may submit agency cautions commenters about 29 CFR 1910.7. comments and attachments submitting statements they do not want made available to the public, or Signed at Washington, DC, on September electronically at https:// 16, 2020. www.regulations.gov, which is the submitting comments that contain personal information (either about Loren Sweatt, Federal eRulemaking Portal. Follow the instructions online for submitting themselves or others) such as Social Principal Deputy Assistant Secretary of Labor Security numbers, birth dates, and for Occupational Safety and Health. comments. Facsimile: If your comments, medical data. [FR Doc. 2020–20877 Filed 9–21–20; 8:45 am] including attachments, are not longer Docket: To read or download BILLING CODE 4510–26–P than 10 pages, you may fax them to the comments or other material in the OSHA Docket Office at (202) 693–1648. docket, go to https:// Mail, hand delivery, express mail, www.regulations.gov or the OSHA DEPARTMENT OF LABOR messenger, or courier service: When Docket Office at the above address. All Occupational Safety and Health using this method, you must submit a documents in the docket (including this Administration copy of your comments and attachments Federal Register notice) are listed in the to the OSHA Docket Office, Docket No. https://www.regulations.gov index; OSHA–2013–0017, Occupational Safety however, some information (e.g., [Docket No. OSHA–2013–0017] and Health Administration, U.S. copyrighted material) is not publicly QAI Laboratories, Ltd. Applications for Department of Labor, Room N–3653, available to read or download through Expansion of Recognition 200 Constitution Avenue NW, the website. All submissions, including Washington, DC 20210; telephone: (202) copyrighted material, are available for AGENCY: Occupational Safety and Health 693–2350. OSHA’s TTY number is (877) inspection through the OSHA Docket Administration (OSHA), Labor. 889–5627. Please note: While OSHA’s Office. docket office is continuing to accept and Extension of comment period: Submit ACTION: Notice. process submissions by regular mail, requests for an extension of the

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comment period on or before October 7, requirements specified in 29 CFR These pages are available from the 2020 to the Office of Technical 1910.7. Recognition is an OSHA website at http://www.osha.gov/ Programs and Coordination Activities, acknowledgment that the organization dts/otpca/nrtl/index.html. Directorate of Technical Support and can perform independent safety testing QAI currently has two facilities (sites) Emergency Management, Occupational and certification of the specific products recognized by OSHA for product testing Safety and Health Administration, U.S. covered within the scope of recognition. and certification, with headquarters Department of Labor, 200 Constitution Each NRTL’s scope of recognition located at: QAI Laboratories, Ltd., 3980 Avenue NW, Room N–3653, includes (1) the type of products the North Fraser Way, Burnaby, BC, Canada, Washington, DC 20210, or by fax to NRTL may test, with each type specified V5J 5K5. A complete list of QAI’s scope (202) 693–1644. by the applicable test standard; and (2) of recognition is available at https:// FOR FURTHER INFORMATION CONTACT: the recognized site(s) that has/have the www.osha.gov/dts/otpca/nrtl/qai.html. Information regarding this notice is technical capability to perform the available from the following sources: product-testing and product- II. General Background on the Press inquiries: Contact Mr. Frank certification activities for test standards Applications Meilinger, Director, OSHA Office of within the NRTL’s scope. Recognition is Communications, U.S. Department of not a delegation or grant of government QAI submitted three applications, one Labor, telephone: (202) 693–1999; authority; however, recognition enables dated October 16, 2017 (OSHA–2013– email: [email protected]. employers to use products approved by 0017–0015), to expand recognition to General and technical information: the NRTL to meet OSHA standards that include seventeen additional test Contact Mr. Kevin Robinson, Director, require product testing and certification. standards. This application was Office of Technical Programs and amended on June 12, 2019 (OSHA– Coordination Activities, Directorate of The agency processes applications by 2013–0017–0016) to remove some a NRTL for initial recognition and for an Technical Support and Emergency standards from the original request and expansion or renewal of this Management, Occupational Safety and add others. This revised application was recognition, following requirements in Health Administration, U.S. Department amended again on February 11, 2020 Appendix A to 29 CFR 1910.7. This of Labor, phone: (202) 693–2110 or (OSHA–2013–0017–0017) to request appendix requires that the agency email: [email protected]. twenty-one additional standards to be SUPPLEMENTARY INFORMATION: publish two notices in the Federal Register in processing an application. In added to QAI’s NRTL scope of I. Notice of the Applications for the first notice, OSHA announces the recognition. OSHA staff performed a Expansion application and provides a preliminary detailed analysis of the application packet and reviewed other pertinent OSHA is providing notice that QAI finding. In the second notice, the agency information. OSHA did not perform any Laboratories, Ltd. (QAI), is applying for provides the final decision on the on-site reviews in relation to this expansion of recognition as a NRTL. application. These notices set forth the application. QAI requests the addition of one test NRTL’s scope of recognition or standard to the NRTL scope of modifications of that scope. OSHA Table 1 lists the appropriate test recognition. maintains an informational web page for standard found in QAI’s application to OSHA recognition of a NRTL signifies each NRTL, including QAI, which expand for testing and certification of that the organization meets the details the NRTL’s scope of recognition. products under the NRTL Program.

TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN QAI’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 1740 ...... Standard for Robots and Robotic Equipment. UL 22 ...... Standard for Amusement and Gaming Machines. UL 73 ...... Standard for Motor-Operated Appliances. UL 499 ...... Standard for Electric Heating Machines. UL 506 ...... Standard for Specialty Transformers. UL 676 ...... Standard for Underwater Luminaires and Submersible Junction Boxes. UL 1838 ...... Standard for Low Voltage Landscape Lighting Systems. UL 2202 ...... Standard for Electric Vehicle (EV) Charging System Equipment. UL 2388 ...... Standard for Flexible Lighting Products. UL 5085–1 ...... Low Voltage Transformers—Part 1: General Requirements. UL 5085–2 ...... Low Voltage Transformers—Part 2: General Purpose Transformers. UL 5085–3 ...... Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers. UL 8752 ...... Organic Light Emitting Diode (OLED) Panels. UL 60950–22 ...... Information Technology Equipment—Safety—Part 22: Equipment to be Installed Outdoors. UL 61010–2–010 ...... Electrical Equipment Measurement, Control and Laboratory Use—Part 2–010: Particular Requirements for Lab- oratory Equipment for the Heating of Materials. UL 61010–2–020 ...... Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–020: Particular Requirements for Laboratory Equipment for Laboratory Centrifuges. UL 61010–2–081 ...... Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–081: Particular Requirements for Laboratory Equipment for Automatic and Semi-Automatic Equipment for Analysis and Other Purposes. UL 61010–2–091 ...... Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–091: Particular Requirements for Laboratory Equipment for Cabinet X-Ray Systems. UL 61010–2–101 ...... Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–101: Particular Requirements for In Vitro Diagnostic (IVD) Medical Equipment. UL 62368–1 ...... Audio/Video, Information and Communication Technology Equipment—Part 1: Safety Requirements. ASME A17.5–2014 ...... Elevator and Escalator Electrical Equipment.

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III. Preliminary Findings on the Signed at Washington, DC, on September Washington, DC 20506, 202/682–5733, Applications 15, 2020. Voice/T.T.Y. 202/682–5496, at least Loren Sweatt, seven (7) days prior to the meeting. QAI submitted acceptable Principal Deputy Assistant Secretary of Labor The upcoming meeting is: applications for expansion of for Occupational Safety and Health. National Council on the Arts 201st recognition. OSHA’s review of the [FR Doc. 2020–20876 Filed 9–21–20; 8:45 am] Meeting application file, and pertinent BILLING CODE 4510–26–P This meeting will be held by documentation, indicates QAI can meet teleconference or videoconference. the requirements prescribed by 29 CFR Date and time: October 29, 2020; 2:00 1910.7 for expanding recognition to NATIONAL FOUNDATION ON THE p.m. to 2:30 p.m. include the addition of these twenty-one ARTS AND THE HUMANITIES There will be opening remarks and test standards for NRTL testing and voting on recommendations for grant certification listed above. This National Endowment for the Arts funding and rejection, followed by preliminary finding does not constitute updates from the NEA Chairman. an interim or temporary approval of National Council on the Arts 201st Dated: September 17, 2020. QAI’s applications. Meeting Sherry Hale, OSHA welcomes public comment as AGENCY: National Endowment for the Staff Assistant, National Endowment for the to whether QAI meets the requirements Arts. Arts. of 29 CFR 1910.7 for expansion of ACTION: Notice of meeting. [FR Doc. 2020–20868 Filed 9–21–20; 8:45 am] recognition as a NRTL. Comments BILLING CODE 7537–01–P should consist of pertinent written SUMMARY: Pursuant to the Federal documents and exhibits. Commenters Advisory Committee Act, as amended, needing more time to comment must notice is hereby given that a meeting of NUCLEAR REGULATORY submit a request in writing, stating the the National Council on the Arts will be COMMISSION reasons for the request. Commenters held open to the public by must submit the written request for an teleconference or videoconference. [NRC–2020–0216] extension by the due date for comments. DATES: See the SUPPLEMENTARY OSHA will limit any extension to 10 INFORMATION section for meeting time Biweekly Notice; Applications and days unless the requester justifies a and date. The meeting is Eastern time Amendments to Facility Operating longer period. OSHA may deny a and the ending time is approximate. Licenses and Combined Licenses Involving No Significant Hazards request for an extension if the request is ADDRESSES: The National Endowment Considerations not adequately justified. To obtain or for the Arts, Constitution Center, 400 review copies of the exhibits identified Seventh Street SW, Washington, DC AGENCY: Nuclear Regulatory in this notice, as well as comments 20560. This meeting will be held by Commission. submitted to the docket, contact the teleconference or videoconference. ACTION: Biweekly notice. Docket Office at the above address. Please see arts.gov for the most up-to- These materials also are available online date information. SUMMARY: Pursuant to section 189.a.(2) at http://www.regulations.gov under of the Atomic Energy Act of 1954, as Docket No. OSHA–2013–0017. FOR FURTHER INFORMATION CONTACT: Victoria Hutter, Office of Public Affairs, amended (the Act), the U.S. Nuclear OSHA staff will review all comments National Endowment for the Arts, Regulatory Commission (NRC) is to the docket submitted in a timely Washington, DC 20506, at 202/682– publishing this regular biweekly notice. manner. After addressing the issues 5570. The Act requires the Commission to raised by these comments, the agency publish notice of any amendments will make a recommendation to the SUPPLEMENTARY INFORMATION: If, in the issued, or proposed to be issued, and Assistant Secretary for Occupational course of the open session discussion, it grants the Commission the authority to Safety and Health whether to grant becomes necessary for the Council to issue and make immediately effective QAI’s applications for expansion of discuss non-public commercial or any amendment to an operating license recognition. The Assistant Secretary financial information of intrinsic value, or combined license, as applicable, will make the final decision on granting the Council will go into closed session upon a determination by the the applications. In making this pursuant to subsection (c)(4) of the Commission that such amendment decision, the Assistant Secretary may Government in the Sunshine Act, 5 involves no significant hazards undertake other proceedings prescribed U.S.C. 552b, and in accordance with the consideration (NSHC), notwithstanding in Appendix A to 29 CFR 1910.7. September 10, 2019 determination of the pendency before the Commission of the Chairman. Additionally, discussion OSHA will publish a public notice of a request for a hearing from any person. concerning purely personal information This biweekly notice includes all the final decision in the Federal about individuals, such as personal Register. amendments issued, or proposed to be biographical and salary data or medical issued, from August 25, 2020, to IV. Authority and Signature information, may be conducted by the September 7, 2020. The last biweekly Council in closed session in accordance notice was published on September 8, Loren Sweatt, Principal Deputy with subsection (c) (6) of 5 U.S.C. 552b. 2020. Assistant Secretary of Labor for Any interested persons may attend, as Occupational Safety and Health, observers, to Council discussions and DATES: Comments must be filed by authorized the preparation of this reviews that are open to the public. If October 22, 2020. A request for a notice. Accordingly, the agency is you need special accommodations due hearing or petitions for leave to issuing this notice pursuant to 29 U.S.C. to a disability, please contact Beth intervene must be filed by November 23, 657(g)(2), Secretary of Labor’s Order No. Bienvenu, Office of Accessibility, 2020. 1–2012 (77 FR 3912, Jan. 25, 2012), and National Endowment for the Arts, ADDRESSES: You may submit comments 29 CFR 1910.7. Constitution Center, 400 7th St. SW, by any of the following methods:

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• Federal Rulemaking Website: Go to The NRC cautions you not to include period such that failure to act in a https://www.regulations.gov and search identifying or contact information that timely way would result, for example in for Docket ID NRC–2020–0216. Address you do not want to be publicly derating or shutdown of the facility. If questions about NRC Docket IDs in disclosed in your comment submission. the Commission takes action prior to the Regulations.gov to Jennifer Borges; The NRC will post all comment expiration of either the comment period telephone: 301–287–9127; email: submissions at https:// or the notice period, it will publish in [email protected]. For technical www.regulations.gov as well as enter the the Federal Register a notice of questions, contact the individual(s) comment submissions into ADAMS. issuance. If the Commission makes a listed in the FOR FURTHER INFORMATION The NRC does not routinely edit final NSHC determination, any hearing CONTACT section of this document. comment submissions to remove will take place after issuance. The • Mail comments to: Office of identifying or contact information. Commission expects that the need to Administration, Mail Stop: TWFN–7– If you are requesting or aggregating take action on an amendment before 60 A60M, U.S. Nuclear Regulatory comments from other persons for days have elapsed will occur very Commission, Washington, DC 20555– submission to the NRC, then you should infrequently. 0001, ATTN: Program Management, inform those persons not to include identifying or contact information that A. Opportunity To Request a Hearing Announcements and Editing Staff. and Petition for Leave To Intervene For additional direction on obtaining they do not want to be publicly information and submitting comments, disclosed in their comment submission. Within 60 days after the date of see ‘‘Obtaining Information and Your request should state that the NRC publication of this notice, any persons Submitting Comments’’ in the does not routinely edit comment (petitioner) whose interest may be SUPPLEMENTARY INFORMATION section of submissions to remove such information affected by this action may file a request this document. before making the comment for a hearing and petition for leave to FOR FURTHER INFORMATION CONTACT: submissions available to the public or intervene (petition) with respect to the Lynn Ronewicz, Office of Nuclear entering the comment into ADAMS. action. Petitions shall be filed in Reactor Regulation, telephone: 301– accordance with the Commission’s II. Notice of Consideration of Issuance ‘‘Agency Rules of Practice and 415–1927, email: lynn.ronewicz@ of Amendments to Facility Operating nrc.gov, U.S. Nuclear Regulatory Procedure’’ in 10 CFR part 2. Interested Licenses and Combined Licenses and persons should consult a current copy Commission, Washington, DC 20555– Proposed No Significant Hazards 0001. of 10 CFR 2.309. The NRC’s regulations Consideration Determination are accessible electronically from the SUPPLEMENTARY INFORMATION: For the facility-specific amendment NRC Library on the NRC’s website at I. Obtaining Information and requests shown below, the Commission https://www.nrc.gov/reading-rm/doc- Submitting Comments finds that the licensee’s analyses collections/cfr/. If a petition is filed, the provided, consistent with title 10 of the Commission or a presiding officer will A. Obtaining Information Code of Federal Regulations (10 CFR) rule on the petition and, if appropriate, Please refer to Docket ID NRC–2020– section 50.91, is sufficient to support a notice of a hearing will be issued. 0216, facility name, unit number(s), the proposed determination that these As required by 10 CFR 2.309(d) the docket number(s), application date, and amendment requests involve NSHC. petition should specifically explain the subject when contacting the NRC about Under the Commission’s regulations in reasons why intervention should be the availability of information for this 10 CFR 50.92, operation of the facility permitted with particular reference to action. You may obtain publicly- in accordance with the proposed the following general requirements for available information related to this amendment would not (1) involve a standing: (1) The name, address, and action by any of the following methods: significant increase in the probability or telephone number of the petitioner; (2) • Federal Rulemaking Website: Go to consequences of an accident previously the nature of the petitioner’s right to be https://www.regulations.gov and search evaluated; or (2) create the possibility of made a party to the proceeding; (3) the for Docket ID NRC–2020–0216. a new or different kind of accident from nature and extent of the petitioner’s • NRC’s Agencywide Documents any accident previously evaluated; or property, financial, or other interest in Access and Management System (3) involve a significant reduction in a the proceeding; and (4) the possible (ADAMS): You may obtain publicly- margin of safety. effect of any decision or order which available documents online in the The Commission is seeking public may be entered in the proceeding on the ADAMS Public Documents collection at comments on this proposed petitioner’s interest. https://www.nrc.gov/reading-rm/ determination. Any comments received In accordance with 10 CFR 2.309(f), adams.html. To begin the search, select within 30 days after the date of the petition must also set forth the ‘‘Begin Web-based ADAMS Search.’’ For publication of this notice will be specific contentions which the problems with ADAMS, please contact considered in making any final petitioner seeks to have litigated in the the NRC’s Public Document Room determination. proceeding. Each contention must reference staff at 1–800–397–4209, 301– Normally, the Commission will not consist of a specific statement of the 415–4737, or by email to issue the amendment until the issue of law or fact to be raised or [email protected]. The ADAMS expiration of 60 days after the date of controverted. In addition, the petitioner accession number for each document publication of this notice. The must provide a brief explanation of the referenced (if it is available in ADAMS) Commission may issue the license bases for the contention and a concise is provided the first time that it is amendment before expiration of the 60- statement of the alleged facts or expert mentioned in this document. day period provided that its final opinion which support the contention determination is that the amendment and on which the petitioner intends to B. Submitting Comments involves NSHC. In addition, the rely in proving the contention at the Please include Docket ID NRC–2020– Commission may issue the amendment hearing. The petitioner must also 0216, facility name, unit number(s), prior to the expiration of the 30-day provide references to the specific docket number(s), application date, and comment period if circumstances sources and documents on which the subject in your comment submission. change during the 30-day comment petitioner intends to rely to support its

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position on the issue. The petition must should state the nature and extent of the filings unless they seek an exemption in include sufficient information to show petitioner’s interest in the proceeding. accordance with the procedures that a genuine dispute exists with the The petition should be submitted to the described below. applicant or licensee on a material issue Commission no later than 60 days from To comply with the procedural of law or fact. Contentions must be the date of publication of this notice. requirements of E-Filing, at least 10 limited to matters within the scope of The petition must be filed in accordance days prior to the filing deadline, the the proceeding. The contention must be with the filing instructions in the participant should contact the Office of one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at petitioner to relief. A petitioner who section of this document, and should [email protected], or by telephone fails to satisfy the requirements at 10 meet the requirements for petitions set at 301–415–1677, to (1) request a digital CFR 2.309(f) with respect to at least one forth in this section, except that under identification (ID) certificate, which contention will not be permitted to 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or participate as a party. governmental body, or Federally- representative) to digitally sign Those permitted to intervene become recognized Indian Tribe, or agency submissions and access the E-Filing parties to the proceeding, subject to any thereof does not need to address the system for any proceeding in which it limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be to participate fully in the conduct of the its boundaries. Alternatively, a State, submitting a petition or other hearing with respect to resolution of local governmental body, Federally- adjudicatory document (even in that party’s admitted contentions, recognized Indian Tribe, or agency instances in which the participant, or its including the opportunity to present thereof may participate as a non-party counsel or representative, already holds evidence, consistent with the NRC’s under 10 CFR 2.315(c). an NRC-issued digital ID certificate). regulations, policies, and procedures. If a hearing is granted, any person Based upon this information, the Petitions must be filed no later than who is not a party to the proceeding and Secretary will establish an electronic 60 days from the date of publication of is not affiliated with or represented by docket for the hearing in this proceeding this notice. Petitions and motions for a party may, at the discretion of the if the Secretary has not already leave to file new or amended presiding officer, be permitted to make established an electronic docket. contentions that are filed after the a limited appearance pursuant to the Information about applying for a deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the a determination by the presiding officer making a limited appearance may make NRC’s public website at https:// that the filing demonstrates good cause an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ by satisfying the three factors in 10 CFR position on the issues but may not getting-started.html. Once a participant 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. has obtained a digital ID certificate and must be filed in accordance with the A limited appearance may be made at a docket has been created, the filing instructions in the ‘‘Electronic any session of the hearing or at any participant can then submit Submissions (E-Filing)’’ section of this prehearing conference, subject to the adjudicatory documents. Submissions document. limits and conditions as may be must be in Portable Document Format If a hearing is requested, and the imposed by the presiding officer. Details (PDF). Additional guidance on PDF Commission has not made a final regarding the opportunity to make a submissions is available on the NRC’s determination on the issue of no limited appearance will be provided by public website at https://www.nrc.gov/ significant hazards consideration, the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A Commission will make a final scheduled. filing is considered complete at the time determination on the issue of no the document is submitted through the significant hazards consideration. The B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an final determination will serve to All documents filed in NRC electronic filing must be submitted to establish when the hearing is held. If the adjudicatory proceedings, including a the E-Filing system no later than 11:59 final determination is that the request for hearing and petition for p.m. Eastern Time on the due date. amendment request involves no leave to intervene (petition), any motion Upon receipt of a transmission, the E- significant hazards consideration, the or other document filed in the Filing system time-stamps the document Commission may issue the amendment proceeding prior to the submission of a and sends the submitter an email notice and make it immediately effective, request for hearing or petition to confirming receipt of the document. The notwithstanding the request for a intervene, and documents filed by E-Filing system also distributes an email hearing. Any hearing would take place interested governmental entities that notice that provides access to the after issuance of the amendment. If the request to participate under 10 CFR document to the NRC’s Office of the final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary significant hazards consideration, then 49139; August 28, 2007, as amended at that they wish to participate in the any hearing held would take place 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not before the issuance of the amendment Filing process requires participants to serve the document on those unless the Commission finds an submit and serve all adjudicatory participants separately. Therefore, imminent danger to the health or safety documents over the internet, or in some applicants and other participants (or of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system

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may seek assistance by contacting the Participants filing adjudicatory privacy information, such as social NRC’s Electronic Filing Help Desk documents in this manner are security numbers, home addresses, or through the ‘‘Contact Us’’ link located responsible for serving the document on personal phone numbers in their filings, on the NRC’s public website at https:// all other participants. Filing is unless an NRC regulation or other law www.nrc.gov/site-help/e- considered complete by first-class mail requires submission of such submittals.html, by email to as of the time of deposit in the mail, or information. For example, in some [email protected], or by a toll- by courier, express mail, or expedited instances, individuals provide home free call at 1–866–672–7640. The NRC delivery service upon depositing the addresses in order to demonstrate Electronic Filing Help Desk is available document with the provider of the proximity to a facility or site. With between 9 a.m. and 6 p.m., Eastern service. A presiding officer, having respect to copyrighted works, except for Time, Monday through Friday, granted an exemption request from limited excerpts that serve the purpose excluding government holidays. using E-Filing, may require a participant of the adjudicatory filings and would Participants who believe that they or party to use E-Filing if the presiding constitute a Fair Use application, have a good cause for not submitting officer subsequently determines that the participants are requested not to include documents electronically must file an reason for granting the exemption from copyrighted materials in their exemption request, in accordance with use of E-Filing no longer exists. submission. 10 CFR 2.302(g), with their initial paper Documents submitted in adjudicatory filing stating why there is good cause for proceedings will appear in the NRC’s The table below provides the plant not filing electronically and requesting electronic hearing docket which is name, docket number, date of authorization to continue to submit available to the public at https:// application, ADAMS accession number, documents in paper format. Such filings adams.nrc.gov/ehd, unless excluded and location in the application of the must be submitted by: (1) First class pursuant to an order of the Commission licensee’s proposed NSHC mail addressed to the Office of the or the presiding officer. If you do not determination. For further details with Secretary of the Commission, U.S. have an NRC-issued digital ID certificate respect to these license amendment Nuclear Regulatory Commission, as described above, click ‘‘cancel’’ when applications, see the application for Washington, DC 20555–0001, Attention: the link requests certificates and you amendment which is available for Rulemaking and Adjudications Staff; or will be automatically directed to the public inspection in ADAMS. For (2) courier, express mail, or expedited NRC’s electronic hearing dockets where additional direction on accessing delivery service to the Office of the you will be able to access any publicly information related to this document, Secretary, 11555 Rockville Pike, available documents in a particular see the ‘‘Obtaining Information and Rockville, Maryland 20852, Attention: hearing docket. Participants are Submitting Comments’’ section of this Rulemaking and Adjudications Staff. requested not to include personal document. TABLE 1—LICENSE AMENDMENT REQUESTS

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Beaver Valley Power Station, Units 1 and 2; Beaver County, PA, Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Davis-Besse Nuclear Power Station, Unit No. 1; Ottawa County, OH

Docket No(s) ...... 50–334, 50–346, 50–412. Application Date ...... July 27, 2020. ADAMS Accession No ...... ML20209A540. Location in Application of NSHC ...... Pages 6–8 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would change the Beaver Valley Power Station, Unit Nos. 1 and 2, and the Davis-Besse Nuclear Power Station, Unit No. 1, Technical Specification 5.2, ‘‘Unit Staff,’’ subpart 2.e, to align with the standard technical specifications (STS) for each type of facility. Additionally, a title listed in the STS would be revised to reflect a more generic title. These changes would not alter any technical re- quirements and are administrative in nature. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Rick Giannantonio, General Counsel, Energy Harbor Corp., 168 E Market Street, Akron, OH 44308–2014. NRC Project Manager, Telephone Number ...... Bhalchandra Vaidya, 301–415–3308.

Entergy Operations, Inc.; Waterford Steam Electric Station, Unit 3; St. Charles Parish, LA

Docket No(s) ...... 50–382. Application Date ...... June 1, 2020. ADAMS Accession No ...... ML20153A457. Location in Application of NSHC ...... Pages 6–7 of the Enclosure. Brief Description of Amendment(s) ...... The amendment would revise the emergency plan for the Waterford Steam Electric Station, Unit 3, to adopt (with deviations and differences) the Nuclear Energy Institute’s (NEI’s) revised emergency action level scheme described in NEI 99–01, Revision 6, ‘‘Development of Emergency Action Levels for Non-Passive Reactors’’ (ADAMS Accession No. ML12326A805). Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Anna Vinson Jones, Senior Counsel, Entergy Services, Inc., 101 Constitution Avenue NW, Suite 200 East, Washington, DC 20001. NRC Project Manager, Telephone Number ...... Audrey Klett, 301–415–0489.

NextEra Energy Point Beach, LLC; Point Beach Nuclear Plant, Units 1 and 2; Manitowoc County, WI

Docket No(s) ...... 50–266, 50–301. Application Date ...... July 30, 2020. ADAMS Accession No ...... ML20216A243. Location in Application of NSHC ...... Pages 10–11 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would modify the technical specifications for Point Beach Nuclear Plant, Units 1 and 2, to resolve nonconservative surveillance requirements by implementing selected improvements in the surveillance formulations and required actions for nuclear transient heat flux hot channel factor, FQ w(Z), proposed in Topical Report, WCAP–17661–P–A, Revision 1, ‘‘Improved RAOC and CAOC FQ Sur- veillance Technical Specifications’’ (ADAMS Accession No. ML18298A314 (non-publicly available)). Proposed Determination ...... NSHC.

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TABLE 1—LICENSE AMENDMENT REQUESTS—Continued Name of Attorney for Licensee, Mailing Address ...... Debbie Hendell, Managing Attorney—Nuclear, Florida Power & Light Company, 700 Universe Blvd., MS LAW/JB, Juno Beach, FL 33408–0420. NRC Project Manager, Telephone Number ...... Booma Venkataraman, 301–415–2934.

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

Docket No(s) ...... 50–354. Application Date ...... August 19, 2020. ADAMS Accession No ...... ML20232D120. Location in Application of NSHC ...... Page 3 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendment would modify the Hope Creek Technical Specification (TS) requirements for un- available barriers by adding Limiting Condition for Operation 3.0.9. This change is consistent with NRC- approved Industry Technical Specifications Task Force Change Traveler, TSTF–427, Revision 2, ‘‘Allow- ance for Non-Technical Specification Barrier Degradation on Supported System OPERABILITY.’’ The availability of this TS improvement was published in the FEDERAL REGISTER on November 21, 2007, as part of the Consolidated Line Item Improvement Process (CLllP) (72 FR 65610). Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Jodi Varon, PSEG Services Corporation, 80 Park Plaza, T–5, Newark, NJ 07101. NRC Project Manager, Telephone Number ...... James Kim, 301–415–4125.

Southern Nuclear Operating Company, Inc.; Joseph M. Farley Nuclear Plant, Units 1 and 2; Edwin I. Hatch Nuclear Plant, Units 1 and 2; Vogtle Electric Generating Plant, Units 1 and 2; and Vogtle Electric Generating Plant, Units 3 and 4; Burke County, GA

Docket No(s) ...... 50–321, 50–348, 50–424, 52–025, 50–366, 50–364, 50–425, 52–026. Application Date ...... June 30, 2020, as supplemented August 11, 2020. ADAMS Accession No ...... ML20192A140, ML20224A464. Location in Application of NSHC ...... Pages E1–9 to E1–11 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise the Southern Nuclear Operating Company Standard Emergency Plan, including the Site Annexes, to change the emergency response organization staffing composition and extend staff augmentation times from 75 to 90 minutes. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Millicent Ronnlund, Vice President and General Counsel, Southern Nuclear Operating Co., Inc., P.O. Box 1295, Birmingham, AL 35201–1295. NRC Project Manager, Telephone Number ...... John Lamb, 301–415–3100.

Susquehanna Nuclear, LLC and Allegheny Electric Cooperative, Inc.; Susquehanna Steam Electric Station, Units 1 and 2; Susquehanna County, PA

Docket No(s) ...... 50–387, 50–388. Application Date ...... June 25, 2020. ADAMS Accession No ...... ML20177A534. Location in Application of NSHC ...... Pages 2–3 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendments would adopt Technical Specifications Task Force Traveler, TSTF-529, ‘‘Clarify Use and Application Rules.’’ The proposed changes would revise Section 1.3, ‘‘Completion Times,’’ and Section 3.0, ‘‘Limiting Condition for Operation (LCO) Applicability,’’ of the Technical Specifications (TS) to clarify the use and application of the TS usage rules. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Damon D. Obie, Esq, 835 Hamilton St., Suite 150, Allentown, PA 18101. NRC Project Manager, Telephone Number ...... Sujata Goetz, 301–415–8004.

Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Somervell County, TX

Docket No(s) ...... 50–445, 50–446. Application Date ...... July 2, 2020, as supplemented August 17, 2020. ADAMS Accession No ...... ML20184A064, ML20230A345. Location in Application of NSHC ...... Pages 1–3 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would adopt TSTF–569, ‘‘Revise Response Time Testing Definition.’’ The amendments would revise the technical specification definitions for engineered safety feature response time and reactor trip system response time. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Timothy P. Matthews, Esq., Morgan, Lewis and Bockius, 1111 Pennsylvania Avenue NW, Washington, DC 20004. NRC Project Manager, Telephone Number ...... Dennis Galvin, 301–415–6256.

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

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Evaluation, and/or Environmental items can be accessed as described in Submitting Comments’’ section of this Assessment as indicated. All of these the ‘‘Obtaining Information and document. TABLE 2—LICENSE AMENDMENT ISSUANCES

Entergy Operations, Inc.; Waterford Steam Electric Station, Unit 3; St. Charles Parish, LA

Docket No(s) ...... 50–382. Amendment Date ...... August 25, 2020. ADAMS Accession No ...... ML20205L574. Amendment No(s) ...... 257. Brief Description of Amendment(s) ...... The amendment revised the Waterford Steam Electric Station, Unit 3, control room emergency air filtration system Technical Specification Surveillance Requirements 4.7.6.1.d.2 and 4.7.6.1.d.4 by adding an ex- ception for dampers and valves that are locked or sealed.

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

Docket No(s) ...... 50–315. Amendment Date ...... September 3, 2020. ADAMS Accession No ...... ML20213C704. Amendment No(s) ...... 353. Brief Description of Amendment(s) ...... The amendment revised Technical Specification 5.5.14, ‘‘Containment Leakage Rate Testing Program,’’ to extend the frequency of the primary containment integrated leak rate test, or Type A test, at Cook Nuclear Plant, Unit 1. Specifically, the amendment allows for a one-time extension of the integrated leak-rate test frequency from 15 years to no later than the plant restart after the Cook Nuclear Plant, Unit 1, Spring 2022 refueling outage (i.e., approximately 15 years and 5 months).

Vistra Operations Company LLC; Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2; Somervell County, TX

Docket No(s) ...... 50–445, 50–446. Amendment Date ...... August 31, 2020. ADAMS Accession No ...... ML20223A349. Amendment No(s) ...... 175, 175. Brief Description of Amendment(s) ...... The amendments revised Comanche Peak, Unit Nos. 1 and 2, Technical Specification (TS) 3.7.19, ‘‘Safety Chilled Water,’’ to extend the completion time for one safety chilled water train inoperable from 72 hours to 7 days on a one-time basis to allow the replacement of Unit No. 2 Safety Chiller 2–06 (Train B) com- pressor during Unit No. 2 Cycle 19. Revised TS 3.7.19 includes a regulatory commitment that identifies compensatory measures to be implemented during the extended completion time.

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

Docket No(s) ...... 50–482. Amendment Date ...... August 25, 2020. ADAMS Accession No ...... ML20205L304. Amendment No(s) ...... 225. Brief Description of Amendment(s) ...... The amendment added additional conditions to the limiting conditions for operation for Technical Specifica- tion 3.7.5, ‘‘Auxiliary Feedwater (AFW) System,’’ such that one supply of essential service water to the turbine-driven AFW pump can be inoperable up to 72 hours while still considering the turbine-driven AFW pump train operable.

IV. Previously Published Notice of notices. They were published as involving no significant hazards Consideration of Issuance of individual notices either because time consideration. Amendments to Facility Operating did not allow the Commission to wait For details, including the applicable Licenses and Combined Licenses, for this biweekly notice or because the notice period, see the individual notice Proposed No Significant Hazards action involved exigent circumstances. in the Federal Register on the day and Consideration Determination, and They are repeated here because the page cited. Opportunity for a Hearing biweekly notice lists all amendments The following notices were previously issued or proposed to be issued published as separate individual TABLE 3—LICENSE AMENDMENT ISSUANCE—REPEAT OF INDIVIDUAL Federal Register NOTICE

Pacific Gas and Electric Company; Diablo Canyon Nuclear Power Plant, Units 1 and 2; San Luis Obispo County, California

Docket No(s) ...... 50–275, 50–323. Amendment Date ...... August 31, 2020. ADAMS Accession No ...... ML20235R635. Brief Description of Amendment(s) ...... The amendments provide a new Technical Specification (TS) 3.7.5, ‘‘Auxiliary Feedwater (AFW) System,’’ action and continued operation of Unit 1 during Cycle 22 with the AFW system aligned in a manner for which current TS 3.7.5 would require a shutdown. Date & Cite of Federal Register Individual Notice ...... September 9, 2020; 85 FR 55700–55703. Expiration Date for Hearing Requests ...... November 9, 2020.

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Dated: September 15, 2020. information related to this document storage installation (ISFSI) is under For the Nuclear Regulatory Commission. using any of the following methods: construction onsite to store the TMI–1 Caroline L. Carusone, • Federal Rulemaking Website: Go to spent fuel. Deputy Director, Division of Operating https://www.regulations.gov and search TMI–2 has a possession-only license Reactor Licensing, Office of Nuclear Reactor for Docket ID NRC–2020–0211. Address and is currently maintained in Regulation. questions about Docket IDs in accordance with the NRC-approved [FR Doc. 2020–20720 Filed 9–21–20; 8:45 am] Regulations.gov to Jennifer Borges; SAFSTOR condition (method in which BILLING CODE 7590–01–P telephone: 301–287–9127; email: a nuclear facility is placed and [email protected]. For technical maintained in a condition that allows it questions, contact the individual listed to be safely stored and subsequently NUCLEAR REGULATORY in the FOR FURTHER INFORMATION decontaminated) known as post- COMMISSION CONTACT section of this document. defueling monitored storage. Spent fuel • NRC’s Agencywide Documents for TMI–2 has already been removed from the site, though residual [Docket Nos. 50–289 and 50–320; NRC– Access and Management System 2020–0211] (ADAMS): You may obtain publicly- contamination and radiological available documents online in the materials exist. Therefore, TMI–2 is also Exelon Generation Company, LLC; ADAMS Public Documents collection at permanently shut down and defueled. Three Mile Island Nuclear Station, https://www.nrc.gov/reading-rm/ Exelon maintains the EP responsibilities Units 1 and 2 adams.html. To begin the search, select for TMI–2, which is owned by First ‘‘Begin Web-based ADAMS Search.’’ For Energy Corporation, through a service AGENCY: Nuclear Regulatory problems with ADAMS, please contact agreement. Commission. the NRC’s Public Document Room By letter dated July 1, 2019 (ADAMS ACTION: Environmental assessment and reference staff at 1–800–397–4209, 301– Accession No. ML19182A104), as finding of no significant impact; 415–4737, or by email to pdr.resource@ supplemented by letters dated October issuance. nrc.gov. For the convenience of the 9, 2019, and December 10, 2019 reader, instructions about obtaining (ADAMS Accession Nos. ML19282C285 SUMMARY: The U.S. Nuclear Regulatory materials referenced in this document and ML19344C115, respectively), Commission (NRC) is considering are provided in the AVAILABILITY OF Exelon requested exemptions from issuance of exemptions that would DOCUMENTS section of this document. certain EP requirements in 10 CFR part permit the licensee to reduce its 50 for TMI–1 and TMI–2. FOR FURTHER INFORMATION CONTACT: emergency planning (EP) activities at The NRC regulations concerning EP Three Mile Island Nuclear Station, Unit Theodore Smith, Office of Nuclear do not recognize the reduced risks after 1 (TMI–1) and Unit 2 (TMI–2). Material Safety and Safeguards, U.S. a reactor is permanently shut down and Specifically, the licensee is seeking Nuclear Regulatory Commission, defueled. As such, a permanently shut exemptions that would eliminate the Washington, DC 20555–0001; telephone: down and defueled reactor must requirements for the licensee to 301–415–6721; email: Theodore.Smith@ continue to maintain the same EP maintain offsite radiological emergency nrc.gov. requirements as an operating power plans and reduce some of the onsite EP SUPPLEMENTARY INFORMATION: reactor under the existing regulatory activities based on the reduced risks at I. Introduction requirements. To establish a level of EP TMI–1, which is permanently shut commensurate with the reduced risks of down and defueled, and at TMl–2, By letter dated June 20, 2017 (ADAMS a permanently shut down and defueled which has a possession-only license. Accession No. ML17171A151), pursuant reactor, the licensee requires However, requirements for certain to paragraph 50.82(a)(1)(i) of title 10 of exemptions from certain EP regulatory onsite capabilities to communicate and the Code of Federal Regulations (10 requirements before it can change its coordinate with offsite response CFR), Exelon Generation Company, LLC emergency plans. authorities would be retained. In (Exelon) certified to the NRC that it The NRC is considering issuing to the addition, offsite EP provisions would planned to permanently cease power licensee exemptions from portions of 10 still exist through State and local operations at TMI–1 on or about CFR 50.47, ‘‘Emergency plans,’’ and government use of a comprehensive September 30, 2019. TMI–1 appendix E to 10 CFR part 50, emergency management plan process, in subsequently permanently ceased power ‘‘Emergency Planning and Preparedness accordance with the Federal Emergency operations on September 20, 2019. By for Production and Utilization Management Agency’s (FEMA’s) letter dated September 26, 2019 Facilities,’’ which would eliminate the Comprehensive Preparedness Guide (ADAMS Accession No. ML19269E480), requirements for the licensee to (CPG) 101, ‘‘Developing and pursuant to 10 CFR 50.82(a)(1)(ii), maintain offsite radiological emergency Maintaining Emergency Operations Exelon certified to the NRC that all fuel plans in accordance with 44 CFR, Plans.’’ The NRC staff is issuing a final had been permanently removed from ‘‘Emergency Management and Environmental Assessment (EA) and the TMI–1 reactor vessel and placed in Assistance,’’ part 350, ‘‘Review and final Finding of No Significant Impact the spent fuel pool (SFP) as of Approval of State and Local (FONSI) associated with the proposed September 26, 2019. Accordingly, Radiological Emergency Plans and exemptions. pursuant to 10 CFR 50.82(a)(2), the Preparedness,’’ and reduce some of the TMI–1 renewed facility operating onsite EP activities based on the DATES: The EA and FONSI referenced in license no longer authorizes operation reduced risks 488 days (approximately this document are available on of the reactor or emplacement or 16 months) after TMI–1 has September 22, 2020. retention of fuel in the reactor vessel. permanently ceased power operations. ADDRESSES: Please refer to Docket ID The facility is still authorized to possess Consistent with 10 CFR 51.21, the NRC–2020–0211 when contacting the and store irradiated (i.e., spent) nuclear NRC has determined that an EA is the NRC about the availability of fuel. Spent fuel is currently stored appropriate form of environmental information regarding this document. onsite at the TMI–1 facility in the SFP. review for the requested action. Based You may obtain publicly-available A dry cask independent spent fuel on the results of the EA, which is

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provided in Section II of this document, supplemented by letters dated October Protective Action Guides and Planning the NRC has determined not to prepare 9, 2019, and December 10, 2019. Guidance for Radiological Incidents,’’ an environmental impact statement for EPA–400/R–17/001, dated January 2017, Need for the Proposed Action the proposed action, and is issuing a and (2) in the highly unlikely event of FONSI. The proposed action is needed for the a beyond DBA resulting in a loss of all licensee to revise the TMI–1 and TMI– SFP cooling, there is sufficient time to II. Environmental Assessment 2 Emergency Plan once the TMI–1 initiate appropriate mitigating actions, Description of the Proposed Action reactor has been permanently shutdown and in the event a radiological release for a period of 488 days. The EP The proposed action would exempt has or is projected to occur, there would requirements currently applicable to the licensee from (1) certain standards be sufficient time for offsite agencies to TMI–1 and TMI–2 are for an operating as set forth in 10 CFR 50.47(b) regarding take protective actions using a CEMP to power reactor. Since the certifications onsite and offsite emergency response protect the health and safety of the for permanent cessation of operations plans for nuclear power reactors; (2) public if offsite governmental officials and permanent removal of fuel from the requirements in 10 CFR 50.47(c)(2) to determine that such action is warranted. reactor vessel have been docketed for establish plume exposure and ingestion The Commission approved the NRC TMI–1, pursuant to 10 CFR 50.82(a)(2), pathway emergency planning zones staff’s recommendation to grant the the TMI–1 license no longer authorizes (EPZs) for nuclear power reactors; and exemptions based on this evaluation in use of the facility for power operation or its Staff Requirements Memorandum (3) certain requirements in 10 CFR part emplacement or retention of fuel into 50, appendix E, section IV, which (SRM) to SECY–20–0041, dated July 27, the reactor vessel and, therefore, the 2020 (ADAMS Accession No. establishes the elements that make up occurrence of postulated accidents the content of emergency plans. The ML20209A439). associated with TMI–1 reactor operation Based on these analyses, the licensee proposed action of granting these is no longer credible. Since the TMI–2 states that complete application of the exemptions would eliminate the license had already been modified to EP rule to TMI–1 and TMI–2 488 days requirements for the licensee to allow possession but not operation after TMI–1’s permanent cessation of maintain offsite radiological emergency before the effective date of the rule power operations would not serve the plans in accordance with 44 CFR part requiring these certifications, pursuant underlying purpose of the rule or is not 350 and reduce some of the onsite EP to 10 CFR 50.82(a)(2), the certifications necessary to achieve the underlying activities at TMI–1 and TMI–2, based on have been deemed submitted for TMI– purpose of the rule. The licensee also the reduced risks once the TMI–1 2 as well and, therefore, the occurrence states that it would incur undue costs in reactor has been permanently shut of postulated accidents associated with the application of operating plant EP down for a period of 488 days. However, TMI–2 reactor operation is no longer requirements for the maintenance of an requirements for certain onsite credible. However, there are no explicit emergency response organization in capabilities to communicate and regulatory provisions distinguishing EP excess of that actually needed to coordinate with offsite response requirements for a power reactor that respond to the diminished scope of authorities would be retained to an has been permanently shut down and credible accidents for TMI–1 and TMI– extent consistent with the approved defueled from those for an operating 2 488 days after TMI–1’s permanent exemptions. Additionally, if necessary, power reactor. cessation of power operations. offsite protective actions could still be In its exemption request, the licensee implemented using a comprehensive identified four possible radiological Environmental Impacts of the Proposed emergency management plan (CEMP) accidents at TMI–1 and TMI–2 in their Action process. A CEMP in this context, also permanently shutdown and defueled The NRC staff has completed its referred to as an emergency operations condition. These are: (1) A fuel- evaluation of the environmental impacts plan (EOP), is addressed in FEMA’s CPG handling accident; (2) fire in the TMI– of the proposed action. 101, ‘‘Developing and Maintaining 2 reactor building with the reactor The proposed action consists mainly Emergency Operations Plans.’’ The CPG building purge system in operation; (3) of changes related to the elimination of 101 is the foundation for State, a loss of SFP normal cooling (i.e., boil requirements for the licensee to territorial, tribal, and local EP in the off); and (4) an adiabatic heat up of the maintain offsite radiological emergency United States under the National hottest fuel assembly. The NRC staff plans in accordance with 44 CFR part Preparedness System. It promotes a evaluated these possible radiological 350 and reduce some of the onsite EP common understanding of the accidents in the Commission Paper activities at TMI–1 and TMI–2, based on fundamentals of risk-informed planning (SECY) 20–0041, ‘‘Request by Exelon the reduced risks once the TMI–1 and decision making, and assists Generation Company, LLC for reactor has been permanently shutdown planners at all levels of government in Exemptions from Certain Emergency for a period of 488 days. However, their efforts to develop and maintain Planning Requirements for the Three requirements for certain onsite viable, all-hazards, all-threats Mile Island Nuclear Station,’’ dated May capabilities to communicate and emergency plans. An EOP is flexible 5, 2020 (ADAMS Package Accession No. coordinate with offsite response enough for use in all emergencies. It ML19311C762). In SECY–20–0041, the authorities will be retained and offsite describes how people and property will NRC staff verified that the licensee’s EP provisions to protect public health be protected; details who is responsible analyses and calculations provided and safety will still exist through State for carrying out specific actions; reasonable assurance that if the and local government use of a CEMP. identifies the personnel, equipment, requested exemptions were granted, With regard to potential facilities, supplies, and other resources then: (1) For a design-basis accident nonradiological environmental impacts, available; and outlines how all actions (DBA), an offsite radiological release the proposed action would have no will be coordinated. A CEMP is often will not exceed the early phase direct impacts on land use or water referred to as a synonym for ‘‘all- protective action guides (PAGs) at the resources, including terrestrial and hazards’’ planning. The proposed action site boundary, as detailed in Table 1–1 aquatic biota, as it involves no new is in accordance with the licensee’s to the U.S. Environmental Protection construction or modification of plant application dated July 1, 2019, as Agency’s (EPA’s), ‘‘PAG Manual: operational systems. There would be no

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changes to the quality or quantity of impacts of the proposed action and the authorities will be retained and offsite nonradiological effluents and no alternative action are similar. EP provisions to protect public health changes to the plants’ National Pollutant and safety will still exist through State Alternative Use of Resources Discharge Elimination System permits and local government use of a CEMP. would be needed. In addition, there There are no unresolved conflicts The NRC is considering issuing the would be no noticeable effect on concerning alternative uses of available exemptions. The proposed action would socioeconomic conditions in the region, resources under the proposed action. not significantly affect plant safety, no environment justice impacts, no air would not have a significant adverse Agencies or Persons Consulted quality impacts, and no impacts to effect on the probability of an accident historic and cultural resources from the No additional agencies or persons occurring, and would not have any proposed action. Therefore, there are no were consulted regarding the significant radiological or significant nonradiological environmental impact of the proposed nonradiological impacts. This FONSI environmental impacts associated with action. On August 24, 2020, the incorporates by reference the EA in the proposed action. Commonwealth of Pennsylvania Section II of this document. Therefore, With regard to potential radiological representative was notified of this EA the NRC concludes that the proposed environmental impacts, as stated above, and FONSI. action will not have a significant effect the proposed action would not increase III. Finding of No Significant Impact on the quality of the human the probability or consequences of environment. Accordingly, the NRC has radiological accidents. Additionally, the The licensee has proposed determined not to prepare an NRC staff has concluded that the exemptions from: (1) Certain standards environmental impact statement for the proposed action would have no direct in 10 CFR 50.47(b) regarding onsite and proposed action. radiological environmental impacts. offsite emergency response plans for The related environmental document There would be no change to the types nuclear power reactors; (2) the is the ‘‘Generic Environmental Impact or amounts of radioactive effluents that requirement in 10 CFR 50.47(c)(2) to Statement for License Renewal of may be released and, therefore, no establish plume exposure and ingestion Nuclear Plants: Regarding Three Mile change in occupational or public pathway EPZs for nuclear power Island Nuclear Station, Unit 1,’’ radiation exposure from the proposed reactors; and (3) certain requirements in NUREG–1437, Supplement 37, and action. Moreover, no changes would be 10 CFR part 50, appendix E, section IV, ‘‘Environmental Impact Statement made to plant buildings or the site which establishes the elements that Related to Decontamination and property from the proposed action. make up the content of emergency Disposal of Radioactive Wastes Therefore, there are no significant plans. The proposed action of granting Resulting from March 28, 1979 Accident radiological environmental impacts these exemptions would eliminate the Three Mile Island Nuclear Station, Unit associated with the proposed action. requirements for the licensee to 2,’’ NUREG–0683 (Vol. I, and Vol. II), maintain offsite radiological emergency which provide the latest environmental Environmental Impacts of the plans in accordance with 44 CFR part review of current operations and Alternatives to the Proposed Action 350 and reduce some of the onsite EP description of environmental conditions As an alternative to the proposed activities at TMI–1 and TMI–2, based on at TMI–1 and TMI–2. action, the NRC staff considered the the reduced risks once the TMI–1 denial of the proposed action (i.e., the reactor has been permanently shutdown IV. Availability of Documents ‘‘no-action’’ alternative). The denial of for a period of 488 days. However, The documents identified in the the application would result in no requirements for certain onsite following table are available to change in current environmental capabilities to communicate and interested persons through one or more impacts. Therefore, the environmental coordinate with offsite response of the following methods, as indicated.

Document ADAMS Accession No./Web link

Federal Emergency Management Agency, Developing and Maintaining Emer- https://www.fema.gov/sites/default/files/2020-05/CPG_101_ gency Operations Plans, Comprehensive Preparedness Guide (CPG) 101, V2_30NOV2010_FINAL_508.pdf. Version 2.0, November 2010. Gallagher, Michael P., Exelon Generation Company, LLC, ‘‘Request for Exemp- ML19182A104. tions from Portions of 10 CFR 50.47 and 10 CFR part 50, appendix E,’’ July 1, 2019. Gallagher, Michael P., Exelon Generation Company, LLC, ‘‘Supplement to Re- ML19282C285. quest for Exemptions from Portions of 10 CFR 50.47 and 10 CFR part 50, ap- pendix E and License Amendment Request for Proposed Changes to the Three Mile Island Emergency Plan for Permanently Defueled Emergency Plan and Emergency Action Level Scheme,’’ October 9, 2019. Gallagher, Michael P., Exelon Generation Company, LLC, ‘‘Response to Request ML19344C115. for Additional Information (RAI) Regarding Request for Exemptions from Por- tions of 10 CFR 50.47 and 10 CFR part 50, appendix E,’’ December 10, 2019. Fewell, J. Bradley, Exelon Generation Company, LLC, ‘‘Certification of Permanent ML17171A151. Cessation of Power Operations for Three Mile Island Nuclear Station, Unit 1,’’ June 20, 2017. Gallagher, Michael P., Exelon Generation Company, LLC, ‘‘Certification of Per- ML19269E480. manent Removal of Fuel from the Reactor Vessel for Three Mile Island Nuclear Station, Unit 1,’’ September 26, 2019. U.S. Environmental Protection Agency, PAG Manual: Protective Action Guides https://www.epa.gov/sites/production/files/2017-01/docu- and Planning Guidance for Radiological Incidents, January 2017. ments/epa_pag_manual_final_revisions_01-11-2017_ cover_disclaimer_8.pdf.

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Document ADAMS Accession No./Web link

SECY–20–0041, ‘‘Request by Exelon Generation Company, LLC for Exemptions ML19311C762 (Package). from Certain Emergency Planning Requirements for the Three Mile Island Nu- clear Station,’’ May 5, 2020. Staff Requirements Memorandum to SECY-20-0041, ‘‘Request by Exelon Gen- ML20209A439. eration Company, LLC for Exemptions from Certain Emergency Planning Re- quirements for the Three Mile Island Nuclear Station,’’ July 27, 2020. NUREG–1437, Supplement 37, ‘‘Generic Environmental Impact Statement for Li- ML091751063. cense Renewal of Nuclear Plants: Regarding Three Mile Island Nuclear Sta- tion, Unit 1,’’ June 2009.

Dated: September 17, 2020. the competitive product list, or the Filing Authority: 39 U.S.C. 3642, 39 CFR For the Nuclear Regulatory Commission. modification of an existing product 3040.130 through 3040.135, and 39 CFR Bruce Watson, currently appearing on the market 3035.105; Public Representative: Chief, Reactor Decommissioning Branch, dominant or the competitive product Christopher C. Mohr; Comments Due: Division of Decommissioning, Uranium list. September 24, 2020. Recovery, and Waste Programs, Office of Section II identifies the docket 2. Docket No(s).: MC2020–247 and Nuclear Material Safety and Safeguards. number(s) associated with each Postal CP2020–277; Filing Title: USPS Request [FR Doc. 2020–20858 Filed 9–21–20; 8:45 am] Service request, the title of each Postal to Add Priority Mail Express & Priority BILLING CODE 7590–01–P Service request, the request’s acceptance Mail Contract 117 to Competitive date, and the authority cited by the Product List and Notice of Filing Postal Service for each request. For each Materials Under Seal; Filing Acceptance POSTAL REGULATORY COMMISSION request, the Commission appoints an Date: September 16, 2020; Filing officer of the Commission to represent Authority: 39 U.S.C. 3642, 39 CFR [Docket Nos. MC2020–246 and CP2020–276; the interests of the general public in the 3040.130 through 3040.135, and 39 CFR MC2020–247 and CP2020–277] proceeding, pursuant to 39 U.S.C. 505 3035.105; Public Representative: (Public Representative). Section II also Kenneth R. Moeller; Comments Due: New Postal Products establishes comment deadline(s) September 24, 2020. AGENCY: Postal Regulatory Commission. pertaining to each request. This Notice will be published in the The public portions of the Postal Federal Register. ACTION: Notice. Service’s request(s) can be accessed via Erica A. Barker, SUMMARY: The Commission is noticing a the Commission’s website (http:// Secretary. recent Postal Service filing for the www.prc.gov). Non-public portions of Commission’s consideration concerning the Postal Service’s request(s), if any, [FR Doc. 2020–20885 Filed 9–21–20; 8:45 am] negotiated service agreements. This can be accessed through compliance BILLING CODE 7710–FW–P notice informs the public of the filing, with the requirements of 39 CFR 1 invites public comment, and takes other 3011.301. administrative steps. The Commission invites comments on SECURITIES AND EXCHANGE whether the Postal Service’s request(s) COMMISSION DATES: Comments are due: September in the captioned docket(s) are consistent 24, 2020. with the policies of title 39. For [Release No. 34–89883; File No. SR– ADDRESSES: Submit comments request(s) that the Postal Service states NYSEArca–2020–82] electronically via the Commission’s concern market dominant product(s), Filing Online system at http:// applicable statutory and regulatory Self-Regulatory Organizations; NYSE www.prc.gov. Those who cannot submit requirements include 39 U.S.C. 3622, 39 Arca, Inc.; Notice of Filing of Proposed comments electronically should contact U.S.C. 3642, 39 CFR part 3030, and 39 Rule Change To Establish Procedures the person identified in the FOR FURTHER CFR part 3040, subpart B. For request(s) for the Allocation of Cabinets to Its Co- INFORMATION CONTACT section by that the Postal Service states concern Located Users telephone for advice on filing competitive product(s), applicable alternatives. statutory and regulatory requirements September 16, 2020. FOR FURTHER INFORMATION CONTACT: include 39 U.S.C. 3632, 39 U.S.C. 3633, Pursuant to Section 19(b)(1) 1 of the David A. Trissell, General Counsel, at 39 U.S.C. 3642, 39 CFR part 3035, and Securities Exchange Act of 1934 202–789–6820. 39 CFR part 3040, subpart B. Comment (‘‘Act’’),2 and Rule 19b–4 thereunder,3 deadline(s) for each request appear in SUPPLEMENTARY INFORMATION: notice is hereby given that on section II. September 2, 2020, NYSE Arca, Inc. Table of Contents II. Docketed Proceeding(s) (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange I. Introduction 1. Docket No(s).: MC2020–246 and II. Docketed Proceeding(s) Commission (the ‘‘Commission’’) the CP2020–276; Filing Title: USPS Request proposed rule change as described in I. Introduction to Add Priority Mail Contract 660 to Items I, II, and III below, which Items Competitive Product List and Notice of The Commission gives notice that the have been prepared by the Exchange. Filing Materials Under Seal; Filing Postal Service filed request(s) for the The Commission is publishing this Acceptance Date: September 16, 2020; Commission to consider matters related notice to solicit comments on the to negotiated service agreement(s). The 1 See Docket No. RM2018–3, Order Adopting request(s) may propose the addition or Final Rules Relating to Non-Public Information, 1 15 U.S.C. 78s(b)(1). removal of a negotiated service June 27, 2018, Attachment A at 19–22 (Order No. 2 15 U.S.C. 78a. agreement from the market dominant or 4679). 3 17 CFR 240.19b–4.

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proposed rule change from interested and partial cabinets. Both options use iii. A User would have to wait 30 days persons. power and house Users’ servers and from the date of its signed order form other equipment. When a User before purchasing new cabinets again. I. Self-Regulatory Organization’s purchases a new cabinet, whether Statement of the Terms of Substance of b. If the Cabinet Threshold is reached, dedicated or partial, the Exchange the Proposed Rule Change the Exchange would cease offering new provides the cabinet with power, and PNU cabinets to all Users. The Exchange proposes to establish the User pays an initial fee and a 2. Waitlist: procedures for the allocation of cabinets monthly fee based on the number of a. The Exchange would create a to its co-located Users. The proposed kilowatts (‘‘kW’’) contracted for the waitlist if the available cabinet change is available on the Exchange’s cabinet. The Exchange allocates cabinets inventory is zero, or if a User requests, website at www.nyse.com, at the on a first-come/first-serve basis. in writing, a number of cabinets that, if principal office of the Exchange, and at The Exchange also offers a third provided, would cause the available the Commission’s Public Reference cabinet option, cabinets for which cabinet inventory to be below zero. Room. power is not utilized (‘‘PNU cabinets’’). b. The Exchange would place Users II. Self-Regulatory Organization’s PNU cabinets are reserved cabinet space seeking cabinets on a waitlist, as Statement of the Purpose of, and that can be converted to a dedicated follows: 10 Statutory Basis for, the Proposed Rule cabinet when the User requests it.6 i. A User with PNU cabinets would Change Proposed Cabinet Allocation Procedure not be placed on the waitlist if the User In its filing with the Commission, the could meet its new cabinet request by The Exchange believes that it would self-regulatory organization included converting its PNU cabinets to be prudent for it to put in place statements concerning the purpose of, dedicated cabinets. A User would only measures for the allocation of cabinets and basis for, the proposed rule change be placed on the waitlist for the portion (the ‘‘Cabinet Allocation’’) that could be and discussed any comments it received of its new cabinet request that exceeds used if, in the future, a situation arises on the proposed rule change. The text its existing PNU cabinets, subject to the where the Exchange cannot satisfy all of those statements may be examined at Purchasing Limitations. User demand for cabinets.7 The the places specified in Item IV below. ii. A User would be placed on the The Exchange has prepared summaries, proposed Cabinet Allocation is as waitlist based on the date its signed set forth in sections A, B, and C below, follows: order is received. A User may only have of the most significant parts of such 1. Cabinet Purchasing Limits: one order for new cabinets on the statements. a. The Exchange would place the waitlist at a time, and the order would following limits on Users’ ability to be subject to the Purchasing Limits. A. Self-Regulatory Organization’s purchase new cabinets (‘‘Purchasing iii. As cabinets become available,11 Statement of the Purpose of, and Limits’’) if the Exchange’s unallocated the Exchange would offer them to the Statutory Basis for, the Proposed Rule cabinet inventory is at or below 40 User at the top of the waitlist. If the Change cabinets (the ‘‘Cabinet Threshold’’): User’s order is completed, it would be 1. Purpose i. A User with PNU cabinets would be removed from the waitlist. If the User’s required to either convert its PNU The Exchange proposes to establish order is not completed, it would remain cabinets into dedicated cabinets or at the top of the waitlist. procedures for the allocation of cabinets relinquish its PNU cabinets before being 4 5 iv. A User would be removed from the to its co-located Users. 8 permitted to purchase new cabinets. waitlist (a) at the User’s request or (b) if Background ii. The Exchange would limit the the User turns down an offer of a Presently, Users have two options for purchase of new cabinets (dedicated cabinet of the same size it requested in cabinets with power: dedicated cabinets and partial) to a maximum of four its order. If the Exchange offers the User dedicated cabinets, each with a a cabinet of a different size than the 9 4 The Exchange initially filed rule changes maximum of 8 kW, per User. User requested in its order, the User relating to its co-location services with the may turn down the offer and remain at Securities and Exchange Commission 6 See Securities Exchange Act Release No. 70916 the top of the waitlist until its order is (‘‘Commission’’) in 2010. See Securities Exchange (November 21, 2013), 78 FR 70989 (November 21, Act Release No. 63275 (November 8, 2010), 75 FR 2013) (SR–NYSEArca–2013–124) (‘‘PNU Cabinet completed. 70048 (November 16, 2010) (SR–NYSEArca–2010– Filing’’). v. A User that is removed from the 100). 7 The Exchange believes that the proposed 5 waitlist but subsequently submits a new For purposes of the Exchange’s co-location procedures are consistent with the Nasdaq written order for cabinets would be services, a ‘‘User’’ means any market participant procedures for allocating cabinets if Nasdaq’s that requests to receive co-location services directly added to the bottom of the waitlist. inventory shrinks to zero. See Securities Exchange from the Exchange. See Securities Exchange Act Act Release No. 62397 (June 28, 2010), 75 FR 38860 3. Termination of Purchasing Limits Release No. 76010 (September 29, 2015), 80 FR (July 6, 2010) (SR–NASDAQ–2010–019) (‘‘Nasdaq 60197 (October 5, 2015) (SR–NYSEArca–2015–82). and Waitlist: When unallocated cabinet Cabinet Waitlist Procedures’’). As specified in the NYSE Arca Equities Fees and inventory is more than 10 cabinets, the 8 Charges and the NYSE Arca Options Fees and See PNU Cabinet Filing, supra note 6. Exchange would cease use of the 9 Charges (together, the ‘‘Fee Schedules’’), a User that A User may opt to purchase a mixture of waitlist. When unallocated cabinet incurs co-location fees for a particular co-location dedicated and partial cabinets. In such a case, it service pursuant thereto would not be subject to co- would still be subject to the maximum, whether inventory is more than 40 cabinets, the location fees for the same co-location service expressed in dedicated cabinets, partial cabinets, or Exchange would discontinue the charged by the Exchange’s affiliates New York a mixture thereof. The maximum is the equivalent Purchasing Limits. Stock Exchange LLC, NYSE American LLC, NYSE of eight partial cabinets, at 2 kW each. The Nasdaq Chicago, Inc., and NYSE National, Inc. (together, procedures similarly limit the purchase of cabinets the ‘‘Affiliate SROs’’). See Securities Exchange Act if available cabinet inventory falls to 40 cabinets or 10 The waitlist provisions are based on the Nasdaq Release No. 70173 (August 13, 2013), 78 FR 50459 fewer. Nasdaq Cabinet Waitlist Procedures, supra Cabinet Waitlist Procedures and the procedures in (August 19, 2013) (SR–NYSEArca–2013–80). Each note 7, at 38861 (‘‘Should available cabinet General Note 3 of the Fee Schedules. See id. at Affiliate SRO has submitted substantially the same inventory shrink to 40 cabinets or less, the 38861; Securities Exchange Act Release No. 79729 proposed rule change to propose the changes Exchange will limit new cabinet orders to a (January 4, 2017), 82 FR 3061 (January 10, 2017) described herein. See SR–NYSE–2020–73, SR– maximum of 4 cabinets each, and all new cabinets (SR–NYSEArca–2016–172). NYSEAMER–2020–66, SR–NYSECHX–2020–26, will be limited to a maximum power level of 11 Cabinets may become available if, for example, and SR–NYSENAT–2020–28. 5kW.’’). a User vacates a dedicated or partial cabinet.

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Proposed New General Notes cabinet of the same size it requested in an equitable basis. The Cabinet The Exchange proposes to add a new its order. If the Exchange offers the User Allocation would establish a rational, General Note 7 to the Exchange’s Fee a cabinet of a different size than the objective procedure that would be Schedules setting forth the proposed User requested in its order, the User applied uniformly by the Exchange to Purchasing Limits, as follows: may turn down the offer and remain at all Users that requested new cabinets. 7. Cabinet Purchasing Limits. If the top of the waitlist until its order is The Exchange believes that the completed. Cabinet Allocation’s two-tier structure unallocated cabinet inventory is at or • below 40 cabinets (‘‘Cabinet A User that is removed from the of establishing, first, a purchasing Threshold’’), the following limits on the waitlist but subsequently submits a new limitation on order size, and second, a purchase of new cabinets (‘‘Purchasing written order for cabinets will be added waitlist, would be a reasonable method Limits’’) will apply: back to the bottom of the waitlist. to respond to increasing demand for • When unallocated cabinet • A User with PNU cabinets will be cabinets in the future, and would be inventory is more than 10 cabinets, the required to either convert its PNU consistent with the Nasdaq procedures Exchange will cease use of the waitlist. cabinets into dedicated cabinets or for allocating cabinets if Nasdaq’s The proposed change would apply the cabinet inventory shrinks to zero.14 relinquish its PNU cabinets before being same way to all types and sizes of permitted to purchase new cabinets. The Exchange believes that the • market participants. As is currently the proposed Cabinet Threshold is The Exchange will limit a User’s case, the purchase of any colocation purchase of new cabinets (dedicated reasonable and equitable. Based on service is completely voluntary and the experience, the Exchange believes that and partial) to a maximum of four Fee Schedules is applied uniformly to dedicated cabinets, each with a the Cabinet Threshold is sufficiently all Users. The proposed change is not low that it would not be triggered easily. maximum of 8 kw. otherwise intended to address any other • A User will have to wait 30 days The Exchange believes that the issues relating to co-location services from the date of its signed order form proposed Purchasing Limits are and/or related fees, and the Exchange is before purchasing new cabinets again. reasonable and equitable. Based on its not aware of any problems that Users • If the Cabinet Threshold is reached, experience with co-location and would have in complying with the the Exchange will cease offering new purchasing trends over the last few proposed change. PNU cabinets to all Users. years, the Exchange believes that in • When unallocated cabinet 2. Statutory Basis most cases the number of cabinets that inventory is more than 40 cabinets, the The Exchange believes that the a User would be allowed to buy under Exchange will discontinue the proposed rule change is consistent with the proposed Purchasing Limits would Purchasing Limits. Section 6(b) of the Act,12 in general, and be sufficient to allow the User to use its The Exchange proposes to add a new furthers the objectives of Sections system to access the markets while General Note 8 to the Exchange’s Fee 6(b)(4) and (5) of the Act,13 in particular, leaving a margin for potential growth. Schedules setting forth the proposed because it provides for the equitable Further, the Exchange believes that, Waitlist, as follows: allocation of reasonable dues, fees, and by establishing a waitlist on the basis of 8. Cabinet Waitlist. The Exchange will other charges among its members, the date it receives signed orders, create a waitlist if the available cabinet issuers and other persons using its limiting the size and number of orders inventory is zero, or if a User requests, facilities and does not unfairly a User may have on the waitlist at any in writing, a number of cabinets that, if discriminate between customers, one time, and removing a User from the provided, would cause the available issuers, brokers or dealers. In addition, waitlist if it turns down a cabinet that cabinet inventory to be zero. The it is designed to foster cooperation and is the size that it requested, the Cabinet Exchange will place Users seeking coordination with persons engaged in Allocation is reasonably designed to cabinets on a waitlist, as follows: prevent Users from utilizing the waitlist • regulating, clearing, settling, processing A User with PNU cabinets will not information with respect to, and as a method to obtain a greater portion be placed on the waitlist if the User facilitating transactions in securities, to of the cabinets available, thereby could meet its new cabinet request by remove impediments to, and perfect the facilitating a more equitable distribution converting its PNU cabinets to mechanisms of, a free and open market of cabinets. Similarly, the Exchange dedicated cabinets. A User will only be and a national market system and, in believes that by requiring a 30-day delay placed on the waitlist for the portion of general, to protect investors and the before a User subject to the Purchasing its new cabinet request that exceeds its public interest and because it is not Limits could purchase cabinets again, existing PNU cabinets, subject to the designed to permit unfair the Cabinet Allocation is reasonably Purchasing Limitations. designed to prevent a User from • discrimination between customers, A User will be placed on the issuers, brokers, or dealers. obtaining a greater portion of the waitlist based on the date its signed cabinets available. order is received. A User may only have The Proposed Rule Change Is The Exchange believes that the one order for new cabinets on the Reasonable and Equitable proposed change is reasonable and waitlist at a time, and the order is The Exchange believes that the equitable because the Exchange would subject to the Purchasing Limits. proposed rule change is reasonable and only place limits on Users’ ability to • As cabinets become available, the equitable for the following reasons. purchase new cabinets if cabinet Exchange will offer them to the User at The Exchange believes that User inventory fell to specific thresholds. the top of the waitlist. If the User’s order demand for cabinets will continue. In Similarly, the Exchange believes that is completed, it will be removed from this context, the Exchange believes that the proposed change is reasonable and the waitlist. If the User’s order is not it would be reasonable for it to put in equitable because the waitlist would completed, it will remain at the top of place the proposed Cabinet Allocation only be created if unallocated cabinet the waitlist. to establish the allocation of cabinets on inventory fell to zero, and because there • A User will be removed from the waitlist (a) at the User’s request or (b) if 12 15 U.S.C. 78f(b). 14 See Nasdaq Cabinet Waitlist Procedures, supra the User turns down an offer of a 13 15 U.S.C. 78f(b)(4) and (5). note 7.

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would be an established threshold for them in the event that unallocated articulate rational, objective procedures cessation of the waitlist. cabinet supply runs low in the future. and would serve to reduce any potential The Cabinet Allocation would assist the The Proposed Rule Change Would for confusion on how cabinets would be Exchange in accommodating demand Protect Investors and the Public Interest allocated if a shortage in unallocated for co-location services, and cabinets in cabinets were to arise in the future, and The Exchange believes that the particular, on an equitable basis. would thereby make the Fee Schedules proposed rule change would perfect the For the reasons above, the proposed more transparent and reduce any mechanisms of a free and open market changes do not unfairly discriminate potential ambiguity. and a national market system and, in between or among market participants general, protect investors and the public that are otherwise capable of satisfying Use of any co-location service is interest for the following reasons. any applicable co-location fees, completely voluntary, and each market The Exchange believes that User requirements, terms and conditions participant is able to determine whether demand for cabinets will continue. In established from time to time by the to use co-location services based on the this context, the proposed rule change Exchange. requirements of its business operations. would allow the Exchange to protect For these reasons, the Exchange Intermarket Competition investors and the public interest, first, believes that the proposal is consistent by setting limits on Users’ ability to with the Act. The Exchange does not believe that purchase cabinets, and second, by using B. Self-Regulatory Organization’s the proposed change would impose any a waitlist to allocate any unallocated burden on intermarket competition that cabinets on a first come-first served Statement on Burden on Competition is not necessary or appropriate. rolling basis. In accordance with Section 6(b)(8) of Based on experience, the Exchange the Act,15 the Exchange believes that the The Exchange operates in a highly believes that the Cabinet Threshold is proposed rule change will not impose competitive market in which exchanges sufficiently low that it would not be any burden on competition that is not and other vendors (i.e., Hosting Users) triggered easily, which would protect necessary or appropriate in furtherance offer co-location services as a means to investors and the public interest. of the purposes of the Act. facilitate the trading and other market Similarly, the Exchange believes that in Intramarket Competition activities of those market participants most cases the number of cabinets that who believe that co-location enhances a User would be allowed to buy under The Exchange does not believe that the efficiency of their operations. the proposed Purchasing Limits would the proposed change would place any Accordingly, fees charged for co- burden on intramarket competition that be sufficient to allow the User to use its location services are constrained by the is not necessary or appropriate. The system to access the markets while active competition for the order flow of, proposed change would not apply leaving a margin for potential growth, and other business from, such market differently to distinct types or sizes of which would protect investors and the participants. public interest. market participants. Rather, it would In addition, the proposed Cabinet apply to all Users equally. The Commission has repeatedly Allocation would protect investors and The Exchange believes that, if expressed its preference for competition the public interest in that it is designed triggered, the imposition of the Cabinet over regulatory intervention in to prevent Users from utilizing the Allocation would not impose a burden determining prices, products, and Purchasing Limit and waitlist on a User’s ability to compete that is not services in the securities markets. procedures to obtain a greater portion of necessary or appropriate. The Exchange Specifically, in Regulation NMS, the the cabinets available, thereby believes that User demand for cabinets Commission highlighted the importance facilitating a more equitable will continue in the future. In this of market forces in determining prices distribution. context, the Exchange believes that it and SRO revenues and, also, recognized The proposed rule change would would be reasonable for it to put in that current regulation of the market protect investors and the public interest place the proposed Cabinet Allocation system ‘‘has been remarkably successful because the proposed new General to establish a method for allocating in promoting market competition in its cabinets on an equitable basis. The Notes would articulate rational, broader forms that are most important to Exchange would only follow the Cabinet objective procedures and would serve to investors and listed companies.’’ 16 reduce any potential for confusion on Allocation and place limits on Users’ how cabinets would be allocated if a ability to purchase new cabinets if The proposed rule change would shortage in unallocated cabinets were to unallocated cabinet inventory fell to the protect investors and the public interest arise in the future, and would thereby proposed Cabinet Threshold. Similarly, because the proposed new General make the Fee Schedules more the Exchange would only create the Notes would articulate rational, transparent and reduce any potential waitlist if unallocated cabinet inventory objective procedures and would serve to ambiguity. fell to zero. Based on its experience with reduce any potential for confusion on co-location and purchasing trends over how cabinets would be treated in the The Proposed Change Is Not Unfairly the last few years, the Exchange believes case of a shortage in unallocated Discriminatory that in most cases the number of cabinets, and would thereby make the The Exchange believes that the cabinets that a User would be allowed Fee Schedules more transparent and proposed change is not unfairly to buy under the proposed Purchasing reduce any potential ambiguity. discriminatory for the following Limits would be sufficient to allow the For the reasons described above, the reasons. User to use its system to access the The proposed change would apply markets while leaving a margin for Exchange believes that the proposed equally to all types and sizes of market potential growth. rule change reflects this competitive participants. If the Cabinet Allocation The Exchange believes that the environment. were in place, all Users would be able proposed new General Notes would to identify the permitted cabinet options 16 See Securities Exchange Act Release No. 51808 and the procedures that would apply to 15 15 U.S.C. 78f(b)(8). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).

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C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be institute proceedings to determine Statement on Comments on the available for website viewing and whether to disapprove the proposed Proposed Rule Change Received From printing in the Commission’s Public rule change.5 The Commission has Members, Participants, or Others Reference Room, 100 F Street NE, received no comment letters on the No written comments were solicited Washington, DC 20549, on official proposed rule change. or received with respect to the proposed business days between the hours of The Commission is issuing this order rule change. 10:00 a.m. and 3:00 p.m. Copies of the to institute proceedings pursuant to filing also will be available for Section 19(b)(2)(B) of the Act 6 to III. Date of Effectiveness of the inspection and copying at the principal determine whether to approve or Proposed Rule Change and Timing for office of the Exchange. All comments disapprove the proposed rule change. Commission Action received will be posted without change. I. Description of the Proposal Within 45 days of the date of Persons submitting comments are publication of this notice in the Federal cautioned that we do not redact or edit Exchange Rule 5.2–E(j)(6) provides for Register or up to 90 days (i) as the personal identifying information from Exchange listing and trading of Equity Commission may designate if it finds comment submissions. You should Index-Linked Securities, Commodity- such longer period to be appropriate submit only information that you wish Linked Securities, Currency-Linked and publishes its reasons for so finding to make available publicly. All Securities, Fixed Income Index-Linked or (ii) as to which the self-regulatory submissions should refer to File Securities, Futures-Linked Securities, organization consents, the Commission Number SR–NYSEArca–2020–82, and and Multifactor Index-Linked Securities will: should be submitted on or before (collectively, ‘‘Index-Linked (A) By order approve or disapprove October 13, 2020. Securities’’). The Exchange proposes to the proposed rule change, or For the Commission, by the Division of amend Rule 5.2–E(j)(6) to add Options- (B) institute proceedings to determine Trading and Markets, pursuant to delegated Linked Securities to the type of Index- whether the proposed rule change authority.17 Linked Securities set forth in Rule 5.2– should be disapproved. J. Matthew DeLesDernier, E(j)(6) permitted to list and trade on the Assistant Secretary. Exchange. IV. Solicitation of Comments [FR Doc. 2020–20836 Filed 9–21–20; 8:45 am] The proposal would also add a new Interested persons are invited to BILLING CODE 8011–01–P paragraph (vii) to Rule 5.2–E(j)(6) to submit written data, views, and provide that the payment at maturity arguments concerning the foregoing, with respect to Options-Linked including whether the proposed rule SECURITIES AND EXCHANGE Securities is based on the performance change is consistent with the Act. COMMISSION of U.S. exchange-traded options on any Comments may be submitted by any of [Release No. 34–89898; File No. SR– one or combination of the following: (a) the following methods: NYSEArca–2020–46] Investment Company Units; (b) Exchange-Traded Fund Shares; (c) Electronic Comments Self-Regulatory Organizations; NYSE Index-Linked Securities; (d) securities • Use the Commission’s internet Arca, Inc.; Order Instituting defined in Section 2 of Rule 8–E; (e) the comment form (http://www.sec.gov/ Proceedings To Determine Whether To S&P 100 Index, the S&P 500 Index, the rules/sro.shtml); or Approve or Disapprove a Proposed Nasdaq 100 Index, the Dow Jones • Send an email to rule-comments@ Rule Change To Amend NYSE Arca Industrial Average, the MSCI EAFE sec.gov. Please include File Number SR– Rule 5.2–E(j)(6) Relating to Options- Index, the MSCI Emerging Markets NYSEArca–2020–82 on the subject line. Linked Securities Index, the NYSE FANG Index, or the Paper Comments Russell 2000 Index; or (f) a basket or September 16, 2020. index of any of the foregoing (‘‘Options • Send paper comments in triplicate On June 10, 2020, NYSE Arca, Inc. Reference Asset’’). To the extent that the to Secretary, Securities and Exchange (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed Options Reference Asset consists of Commission, 100 F Street NE, with the Securities and Exchange options based on Investment Company Washington, DC 20549–1090. Commission (‘‘Commission’’), pursuant Units, Exchange-Traded Fund Shares, All submissions should refer to File to Section 19(b)(1) of the Securities Index-Linked Securities, or securities Number SR–NYSEArca–2020–82. This Exchange Act of 1934 (‘‘Act’’) 1 and Rule defined in Section 2 of Rule 8–E, such file number should be included on the 19b–4 thereunder,2 a proposed rule Investment Company Units, Exchange- subject line if email is used. To help the change to amend NYSE Arca Rule 5.2– Traded Fund Shares, Index-Linked Commission process and review your E(j)(6) to accommodate Exchange listing Securities, or securities defined in comments more efficiently, please use and trading of Options-Linked Section 2 of Rule 8–E shall not seek to only one method. The Commission will Securities. The proposed rule change provide investment results, before fees post all comments on the Commission’s was published for comment in the and expenses, that correspond to the internet website (http://www.sec.gov/ Federal Register on June 22, 2020.3 inverse, a specific multiple, or a specific rules/sro.shtml). Copies of the On July 28, 2020, pursuant to Section inverse multiple of the percentage 4 submission, all subsequent 19(b)(2) of the Act, the Commission performance on a given day of a amendments, all written statements designated a longer period within which particular index or combination of with respect to the proposed rule to approve the proposed rule change, indexes. change that are filed with the disapprove the proposed rule change, or Commission, and all written 5 See Securities Exchange Act Release No. 89412, 17 communications relating to the 17 CFR 200.30–3(a)(12). 85 FR 46744 (August 3, 2020). The Commission 1 15 U.S.C. 78s(b)(1). proposed rule change between the designated September 20, 2020 as the date by which 2 17 CFR 240.19b–4. the Commission shall approve or disapprove, or Commission and any person, other than 3 See Securities Exchange Act Release No. 89073 institute proceedings to determine whether to those that may be withheld from the (June 16, 2020), 85 FR 37488 (‘‘Notice’’). disapprove, the proposed rule change. public in accordance with the 4 15 U.S.C. 78s(b)(2). 6 15 U.S.C. 78s(b)(2)(B).

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The Exchange proposes that Options- or available and a new Options national securities exchange be Linked Securities 7 must meet one of the Reference Asset is substituted, unless ‘‘designed to prevent fraudulent and following two initial listing standards: the new Options Reference Asset meets manipulative acts and practices, to (A) The Options Reference Asset to the requirements of Rule 5.2–E(j)(6); or promote just and equitable principles of which the security is linked shall have (C) if such other event shall occur or trade, . . . to remove impediments to been reviewed and approved for the condition exists which in the opinion of and perfect the mechanism of a free and trading of Options-Linked Securities or the Exchange makes further dealings on open market and a national market options or other derivatives by the the Exchange inadvisable.9 system, and, in general, to protect Commission under Section 19(b)(2) of According to the Exchange, the investors and the public interest.’’ 12 the Exchange Act and rules thereunder proposed standards would continue to III. Procedure: Request for Written and the conditions set forth in the ensure transparency surrounding the Comments Commission’s approval order, including listing process for Index-Linked with respect to comprehensive Securities. The Exchange also believes The Commission requests that surveillance sharing agreements, that the standards for listing and trading interested persons provide written continue to be satisfied; or Options-Linked Securities are submissions of their views, data, and (B) the pricing information for reasonably designed to promote a fair arguments with respect to the issues components of the Options Reference and orderly market for such securities. identified above, as well as any other Asset must be derived from a market The proposed addition of Options concerns they may have with the that is an Intermarket Surveillance Reference Assets, as described above, proposal. In particular, the Commission Group (‘‘ISG’’) member or affiliate or would also work in conjunction with invites the written views of interested with which the Exchange has a the initial and continued listing criteria persons concerning whether the comprehensive surveillance sharing related to surveillance procedures and proposed rule change is consistent with agreement. trading guidelines for Index-Linked Section 6(b)(5) or any other provision of In addition, the Exchange also Securities. The Exchange further the Act, or the rules and regulations proposes that Options-Linked Securities believes that its surveillance procedures thereunder. Although there do not must meet both of the following initial are adequate to properly monitor the appear to be any issues relevant to listing criteria: (1) The value of the trading of Options-Linked Securities in approval or disapproval that would be Options Reference Asset must be all trading sessions and to deter and facilitated by an oral presentation of calculated and widely disseminated by detect violations of Exchange rules. views, data, and arguments, the one or more major market data vendors Commission will consider, pursuant to on at least a 15-second basis during the II. Proceedings To Determine Whether Rule 19b–4, any request for an Exchange’s Core Trading Session; 8 and To Approve or Disapprove SR– opportunity to make an oral (2) in the case of Options-Linked NYSEArca–2020–46 and Grounds for presentation.13 Securities that are periodically Disapproval Under Consideration Interested persons are invited to redeemable, the indicative value of the The Commission is instituting submit written data, views, and subject Options-Linked Securities must proceedings pursuant to Section arguments regarding whether the be calculated and widely disseminated 19(b)(2)(B) of the Act 10 to determine proposed rule change should be by the Exchange or one or more major whether the proposed rule change approved or disapproved by October 13, market data vendors on at least a 15- should be approved or disapproved. 2020. Any person who wishes to file a second basis during the Exchange’s Core Institution of such proceedings is rebuttal to any other person’s Trading Session. appropriate at this time in view of the submission must file that rebuttal by The Exchange will consider the legal and policy issues raised by the October 27, 2020. suspension of trading in, and will proposed rule change. Institution of The Commission asks that initiate delisting proceedings pursuant proceedings does not indicate that the commenters address the sufficiency of to NYSE Arca Rule 5.5–E(m) if any of Commission has reached any the Exchange’s statements in support of the initial listing criteria described conclusions with respect to any of the the proposal, which are set forth in the above are not continuously maintained. issues involved. Rather, as described Notice,14 and any other issues raised by The Exchange may also halt trading in below, the Commission seeks and the proposed rule change under the Act. Options-Linked Securities, and will encourages interested persons to As discussed above, the Exchange initiate delisting proceedings pursuant provide comments on the proposed rule proposes to adopt generic listing to NYSE Arca Rule 5.5–E(m) under any change. standards for Options-Linked Securities. of the following circumstances: Pursuant to Section 19(b)(2)(B) of the The Exchange takes the position that the (A) If the aggregate market value or Act,11 the Commission is providing proposed Options-Linked Securities the principal amount of the Options- notice of the grounds for disapproval generic listing standards would Linked Securities publicly held is less under consideration. The Commission is continue to ensure transparency than $400,000; instituting proceedings to allow for surrounding the listing process for (B) if the value of the Options additional analysis of the proposed rule Index-Linked Securities. The Exchange Reference Asset is no longer calculated change’s consistency with Section 6(b)(5) of the Act, which requires, 12 15 U.S.C. 78f(b)(5). 7 The proposal would set forth the Options- among other things, that the rules of a 13 Section 19(b)(2) of the Act, as amended by the Linked Securities listing standards in Rule 5.2– Securities Act Amendments of 1975, Public Law E(j)(6)(B)(VII). The Exchange also proposes to 94–29 (June 4, 1975), grants the Commission amend Commentary .01(a) and (b) to Rule 5.2– 9 According to the Exchange, the proposed flexibility to determine what type of proceeding— E(j)(6), which relate to specified requirements and continued listing criteria for Options-Linked either oral or notice and opportunity for written obligations of an Equity Trading Permit (ETP) Securities are substantially identical to continued comments—is appropriate for consideration of a Holder acting as a registered Market Maker, to listing criteria in Rule 5.2–E(j)(6) applicable to other particular proposal by a self-regulatory include Options Linked Securities and options to Index-Linked Securities. The proposal would also organization. See Securities Act Amendments of the financial instruments covered by Commentary add Options Reference Assets to the permitted 1975, Senate Comm. on Banking, Housing & Urban .01 to Rule 5.2–E(j)(6). types of Multifactor Reference Assets. Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 8 As that term is defined in NYSE Arca Rule 7.34– 10 15 U.S.C. 78s(b)(2)(B). (1975). E. 11 Id. 14 See supra note 3.

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also states that the standards for listing received will be posted without change. office of the Exchange, and at the and trading Options-Linked Securities Persons submitting comments are Commission’s Public Reference Room. are reasonably designed to promote a cautioned that we do not redact or edit II. Self-Regulatory Organization’s fair and orderly market for such personal identifying information from Statement of the Purpose of, and securities. comment submissions. You should Statutory Basis for, the Proposed Rule The Commission seeks commenters’ submit only information that you wish Change views regarding whether the proposal is to make available publicly. All designed to protect investors and the submissions should refer to File In its filing with the Commission, the public interest, and, in particular, Number SR–NYSEArca–2020–46 and Exchange included statements whether there is adequate transparency should be submitted on or before concerning the purpose of and basis for and disclosure related to the options to October 13, 2020. Rebuttal comments the proposed rule change and discussed which Options-Linked Securities or should be submitted by October 27, any comments it received on the Multifactor Index-Linked Securities are 2020. proposed rule change. The text of these proposed to be linked. In addition, the For the Commission, by the Division of statements may be examined at the Commission seeks comment regarding Trading and Markets, pursuant to delegated places specified in Item IV below. The whether additional requirements, either authority.15 Exchange has prepared summaries, set qualitative or quantitative, relating to J. Matthew DeLesDernier, forth in sections A, B, and C below, of either the generic listing standards for Assistant Secretary. the most significant aspects of such Options-Linked Securities or the statements. definition of Options Reference Assets, [FR Doc. 2020–20840 Filed 9–21–20; 8:45 am] would help to ensure that the proposal BILLING CODE 8011–01–P A. Self-Regulatory Organization’s is designed to prevent fraudulent and Statement of the Purpose of, and manipulative acts and practices. Statutory Basis for, the Proposed Rule Comments may be submitted by any SECURITIES AND EXCHANGE Change COMMISSION of the following methods: 1. Purpose Electronic Comments [Release No. 34–89897; File No. SR– In 2009, Nasdaq adopted additional NASDAQ–2020–062] • Use the Commission’s internet listing requirements for a company comment form (http://www.sec.gov/ Self-Regulatory Organizations; The whose business plan is to complete an rules/sro.shtml); or initial public offering and engage in a • Nasdaq Stock Market LLC; Notice of Send an email to rule-comments@ Filing of Proposed Rule Change To merger or acquisition with one or more sec.gov. Please include File Number SR– Amend Listing Rules Applicable to unidentified companies within a NYSEArca–2020–46 on the subject line. Special Purpose Acquisition specific period of time (‘‘Acquisition Companies’’).3 Such a company is Paper Comments Companies Whose Business Plan Is To required to keep at least 90% of the • Send paper comments in triplicate Complete One or More Business Combinations proceeds from its initial public offering to Secretary, Securities and Exchange in an escrow account and, until the Commission, 100 F Street NE, September 16, 2020. company has completed one or more Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the business combinations having an All submissions should refer to File Securities Exchange Act of 1934 aggregate fair market value of at least Number SR–NYSEArca–2020–46. This (‘‘Act’’),1 and Rule 19b–4 thereunder,2 80% of the value of the escrow account, file number should be included on the notice is hereby given that on must meet the requirements for initial subject line if email is used. To help the September 3, 2020, The Nasdaq Stock listing following each business Commission process and review your Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) combination.4 If a shareholder vote on comments more efficiently, please use filed with the Securities and Exchange the business combination is held, public only one method. The Commission will Commission (‘‘Commission’’) the shareholders voting against a business post all comments on the Commission’s proposed rule change as described in combination must have the right to internet website (http://www.sec.gov/ Items I, II, and III below, which Items convert their shares of common stock rules/sro.shtml). Copies of the have been prepared by the Exchange. into a pro rata share of the aggregate submission, all subsequent The Commission is publishing this amount then in the escrow account (net amendments, all written statements notice to solicit comments on the of taxes payable and amounts with respect to the proposed rule proposed rule change from interested distributed to management for working change that are filed with the persons. capital purposes) if the business Commission, and all written combination is approved and communications relating to the I. Self-Regulatory Organization’s consummated.5 If the combined proposed rule change between the Statement of the Terms of Substance of company does not meet the initial Commission and any person, other than the Proposed Rule Change listing requirements following a those that may be withheld from the The Exchange proposes to amend business combination, Nasdaq Staff will public in accordance with the listing rules applicable to companies provisions of 5 U.S.C. 552, will be whose business plan is to complete one 3 Securities Exchange Act Release No. 58228 (July available for website viewing and or more business combinations. 25, 2008), 73 FR 44794 (July 31, 2008) (adopting the printing in the Commission’s Public predecessor to IM–5101–2). The text of the proposed rule change 4 See Nasdaq Rule IM–5101–2(d) and (e) [sic]. Reference Room, 100 F Street NE, is available on the Exchange’s website at 5 See Nasdaq Rule IM–5101–2(d). If a shareholder Washington, DC 20549, on official https://listingcenter.nasdaq.com/ vote on the business combination is not held, the business days between the hours of rulebook/nasdaq/rules, at the principal company must provide all shareholders with the 10:00 a.m. and 3:00 p.m. Copies of the opportunity to redeem their shares for cash equal to their pro rata share of the aggregate amount then filing also will be available for 15 17 CFR 200.30–3(a)(57). in the deposit account (net of taxes payable and inspection and copying at the principal 1 15 U.S.C. 78s(b)(1). amounts distributed to management for working office of the Exchange. All comments 2 17 CFR 240.19b–4. capital purposes). Nasdaq Rule IM–5101–2(e).

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issue a Staff Delisting Determination shareholders is close to the applicable shareholder requirement at the time of under Nasdaq Rule 5810. requirement, this could affect the ability the business combination. Under the existing rules, ‘‘following for Nasdaq to determine compliance The proposed rule would specify the each business combination’’ with an before the business combination closes. time when an Acquisition Company Acquisition Company, the resulting Accordingly, for a company that has must demonstrate compliance with the company must satisfy all initial listing demonstrated that it will satisfy all initial listing standards following the requirements. The rule does not provide initial listing requirements except for completion of a business combination, a timetable for the company to the round lot shareholder requirement thereby enhancing investor protection. demonstrate that it satisfies those before consummating the business Specifically, it would require an requirements, however. Accordingly, combination, Nasdaq will allow the Acquisition Company to provide Nasdaq proposes to modify the rule to company 15 calendar days after the evidence before completing the business specify if the Acquisition Company closing of the business combination, if combination that it will satisfy all demonstrates that it will satisfy all necessary, to demonstrate that it also requirements for initial listing, except requirements except the applicable complied with the round lot for the round lot shareholder round lot shareholder requirement, then requirement at the time of the business requirement. While the proposed rule the company will receive 15 calendar combination. To be clear, the company would allow Acquisition Companies 15 days following the closing to must still demonstrate that it satisfied calendar days, if needed, to provide demonstrate that it satisfied the the round lot shareholder requirement evidence that they also complied with applicable round lot shareholder immediately following the business the round lot shareholder requirement requirement immediately following the combination; the proposal is merely at the time of the business combination, that additional time is a reasonable transaction’s closing. giving the company 15 calendars days to accommodation given both the Ordinarily, in determining provide evidence that it did. compliance with the round lot difficulty companies face in identifying shareholder requirement at the time of Nasdaq believes that this proposal their shareholders and the ability for the a business combination, Nasdaq will balances the burden placed on the Acquisition Company’s shareholders to review a company’s public disclosures Acquisition Company to obtain accurate redeem their shares when the business and information provided by the shareholder information for the new combination is consummated. In that company about the transaction. For entity and the need to ensure that a regard, Acquisition Companies are example, the merger agreement may company that does not satisfy the initial unlike other newly listing companies, result in the Acquisition Company listing requirements following a which do not face redemptions and are issuing a round lot of shares to more business combination enters the not already listed and trading at the than 300 holders of the target of the delisting process promptly. If the time they must demonstrate business combination at closing. If company does not evidence compliance compliance. Importantly, the company public information is not available that within the proposed time period, must still demonstrate that it satisfied enables Nasdaq to determine Nasdaq staff would issue a delisting the round lot shareholder requirement compliance, Nasdaq will typically determination, which the company immediately following the business request that the company provide could appeal to an independent combination. As such, Nasdaq believes additional information such as Hearings Panel as described in the 5800 that the proposed rule change registered shareholder lists from the Series of the Nasdaq Rules. appropriately balances the protection of company’s transfer agent, data from Finally, Nasdaq proposes a non- prospective investors with the Cede & Co. about shares held in street substantive change to eliminate a protection of shareholders of the name, or data from broker-dealers and duplicate paragraph in paragraphs (d) Acquisition Company, the latter of from third parties that distribute and (e) of IM–5101–2 and to add a new whom would be harmed if Nasdaq information such as proxy materials for paragraph designation. issued a delisting determination at a the broker-dealers.6 If the company can time when the company did, in fact, provide information demonstrating 2. Statutory Basis satisfy all initial listing requirements compliance before the business but could not yet provide proof. The Exchange believes that its The proposed rule change is also combination closes, no further proposal is consistent with Section 6(b) consistent with Section 6(b)(7) of the information would be required. 7 of the Act, in general, and furthers the Act in that it provides a fair procedure However, Nasdaq has observed that in objectives of Section 6(b)(5) of the Act,8 for the prohibition or limitation by the some cases it can be difficult for a in particular, in that it is designed to Exchange of any person with respect to company to obtain evidence promote just and equitable principles of access to services offered. The proposed demonstrating the number of trade, to remove impediments to and rule change accounts for the particular shareholders that it has or will have perfect the mechanism of a free and difficulties encountered by Acquisition following a business combination. As open market and a national market Companies when attempting to noted above, shareholders of an system, and, in general to protect determine their total number of Acquisition Company may redeem or investors and the public interest, by shareholders due to the ability of tender their shares until just before the imposing a specific timeline for shareholders to redeem their shares. time of the business combination, and Acquisition Companies to demonstrate Acquisition Companies will still be the company may not know how many that they will comply with the initial required to demonstrate compliance shareholders will choose to redeem listing requirements following a with all initial listing standards until very close to the consummation of business combination and allowing a immediately following the business the business combination. In cases reasonable period of time for the combination, which is the initial listing where the number of round lot company to provide evidence that it of the combined company. This is no complied with the round lot different from the requirements imposed 6 Companies must seek this information from third parties because many accounts are held in on other newly listing companies. street name and shareholders may object to being 7 15 U.S.C. 78f(b). The non-substantive changes to identified to the company. 8 15 U.S.C. 78f(b)(5). eliminate a duplicate paragraph in

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paragraphs (d) and (e) of IM–5101–2 and Electronic Comments SECURITIES AND EXCHANGE to add a new paragraph designation will • COMMISSION improve the rule’s readability and Use the Commission’s internet thereby remove an impediment to a free comment form (http://www.sec.gov/ rules/sro.shtml); or [Release No. 34–89884; File No. SR– and open market and a national market NYSENAT–2020–28] system and help to better protect • Send an email to rule-comments@ investors, which Nasdaq believes is sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE consistent with the requirements of NASDAQ–2020–062 on the subject line. National, Inc.; Notice of Filing of Section 6(b)(5) of the Act.9 Proposed Rule Change To Establish Paper Comments B. Self-Regulatory Organization’s Procedures for the Allocation of Statement on Burden on Competition • Send paper comments in triplicate Cabinets to Its Co-Located Users to Secretary, Securities and Exchange The Exchange does not believe that September 16, 2020. the proposed rule change will impose Commission, 100 F Street NE, 1 any burden on competition not Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 necessary or appropriate in furtherance All submissions should refer to File of the purposes of the Act. The (‘‘Act’’),2 and Rule 19b–4 thereunder,3 Number SR–NASDAQ–2020–062. This notice is hereby given that on proposed rule would clarify that a file number should be included on the company listing in connection with a September 2, 2020, NYSE National, Inc. subject line if email is used. To help the merger with an Acquisition Company (‘‘NYSE National’’ or the ‘‘Exchange’’) Commission process and review your must provide evidence before filed with the Securities and Exchange comments more efficiently, please use completing the business combination Commission (the ‘‘Commission’’) the that it will satisfy all requirements for only one method. The Commission will proposed rule change as described in initial listing, although a reasonable post all comments on the Commission’s Items I, II, and III below, which Items accommodation would be made to allow internet website (http://www.sec.gov/ have been prepared by the Exchange. the company to demonstrate compliance rules/sro.shtml). Copies of the The Commission is publishing this with the round lot shareholder submission, all subsequent notice to solicit comments on the requirement before issuing a delisting amendments, all written statements proposed rule change from interested letter if that is the only requirement that with respect to the proposed rule persons. the company cannot demonstrate change that are filed with the compliance with before completing the Commission, and all written I. Self-Regulatory Organization’s business combination. This change is communications relating to the Statement of the Terms of Substance of not expected to have any impact on proposed rule change between the the Proposed Rule Change competition. Commission and any person, other than those that may be withheld from the The Exchange proposes to establish C. Self-Regulatory Organization’s procedures for the allocation of cabinets Statement on Comments on the public in accordance with the provisions of 5 U.S.C. 552, will be to its co-located Users. The proposed Proposed Rule Change Received From rule change is available on the Members, Participants, or Others available for website viewing and printing in the Commission’s Public Exchange’s website at www.nyse.com, at No written comments were either Reference Room, 100 F Street NE, the principal office of the Exchange, and solicited or received. Washington, DC 20549 on official at the Commission’s Public Reference III. Date of Effectiveness of the business days between the hours of Room. Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s Commission Action filing also will be available for Statement of the Purpose of, and Within 45 days of the date of inspection and copying at the principal Statutory Basis for, the Proposed Rule publication of this notice in the Federal office of the Exchange. All comments Change Register or within such longer period (i) received will be posted without change. as the Commission may designate up to Persons submitting comments are In its filing with the Commission, the 90 days of such date if it finds such cautioned that we do not redact or edit self-regulatory organization included longer period to be appropriate and personal identifying information from statements concerning the purpose of, publishes its reasons for so finding or comment submissions. You should and basis for, the proposed rule change (ii) as to which the Exchange consents, submit only information that you wish and discussed any comments it received the Commission shall: (a) By order to make available publicly. All on the proposed rule change. The text approve or disapprove such proposed submissions should refer to File of those statements may be examined at rule change, or (b) institute proceedings Number SR–NASDAQ–2020–062, and the places specified in Item IV below. to determine whether the proposed rule should be submitted on or before The Exchange has prepared summaries, change should be disapproved. October 13, 2020. set forth in sections A, B, and C below, IV. Solicitation of Comments of the most significant parts of such For the Commission, by the Division of statements. Interested persons are invited to Trading and Markets, pursuant to delegated submit written data, views, and authority.10 arguments concerning the foregoing, J. Matthew DeLesDernier, including whether the proposed rule Assistant Secretary. change is consistent with the Act. [FR Doc. 2020–20839 Filed 9–21–20; 8:45 am] Comments may be submitted by any of BILLING CODE 8011–01–P the following methods: 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 9 15 U.S.C. 78f(b)(5). 10 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s proposed Cabinet Allocation is as iii. As cabinets become available,11 Statement of the Purpose of, and follows: the Exchange would offer them to the Statutory Basis for, the Proposed Rule 1. Cabinet Purchasing Limits: User at the top of the waitlist. If the Change a. The Exchange would place the User’s order is completed, it would be following limits on Users’ ability to removed from the waitlist. If the User’s 1. Purpose purchase new cabinets (‘‘Purchasing order is not completed, it would remain The Exchange proposes to establish Limits’’) if the Exchange’s unallocated at the top of the waitlist. procedures for the allocation of cabinets cabinet inventory is at or below 40 iv. A User would be removed from the to its co-located 4 Users.5 cabinets (the ‘‘Cabinet Threshold’’): waitlist (a) at the User’s request or (b) if i. A User with PNU cabinets would be the User turns down an offer of a Background required to either convert its PNU cabinet of the same size it requested in Presently, Users have two options for cabinets into dedicated cabinets or its order. If the Exchange offers the User cabinets with power: dedicated cabinets relinquish its PNU cabinets before being a cabinet of a different size than the 8 and partial cabinets. Both options use permitted to purchase new cabinets. User requested in its order, the User power and house Users’ servers and ii. The Exchange would limit the may turn down the offer and remain at other equipment. When a User purchase of new cabinets (dedicated the top of the waitlist until its order is purchases a new cabinet, whether and partial) to a maximum of four completed. v. A User that is removed from the dedicated or partial, the Exchange dedicated cabinets, each with a 9 waitlist but subsequently submits a new provides the cabinet with power, and maximum of 8 kW, per User. iii. A User would have to wait 30 days written order for cabinets would be the User pays an initial fee and a from the date of its signed order form added to the bottom of the waitlist. monthly fee based on the number of before purchasing new cabinets again. 3. Termination of Purchasing Limits kilowatts (‘‘kW’’) contracted for the b. If the Cabinet Threshold is reached, and Waitlist: When unallocated cabinet cabinet. The Exchange allocates cabinets the Exchange would cease offering new inventory is more than 10 cabinets, the on a first-come/first-serve basis. PNU cabinets to all Users. Exchange would cease use of the The Exchange also offers a third 2. Waitlist: waitlist. When unallocated cabinet cabinet option, cabinets for which a. The Exchange would create a inventory is more than 40 cabinets, the power is not utilized (‘‘PNU cabinets’’). waitlist if the available cabinet Exchange would discontinue the PNU cabinets are reserved cabinet space inventory is zero, or if a User requests, Purchasing Limits. that can be converted to a dedicated in writing, a number of cabinets that, if cabinet when the User requests it.6 provided, would cause the available Proposed New General Notes The Exchange proposes to add a new Proposed Cabinet Allocation Procedure cabinet inventory to be below zero. b. The Exchange would place Users General Note 7 to the Exchange’s Fee The Exchange believes that it would seeking cabinets on a waitlist, as Schedule setting forth the proposed be prudent for it to put in place follows: 10 Purchasing Limits, as follows: measures for the allocation of cabinets i. A User with PNU cabinets would 7. Cabinet Purchasing Limits. If (the ‘‘Cabinet Allocation’’) that could be not be placed on the waitlist if the User unallocated cabinet inventory is at or used if, in the future, a situation arises could meet its new cabinet request by below 40 cabinets (‘‘Cabinet where the Exchange cannot satisfy all converting its PNU cabinets to Threshold’’), the following limits on the User demand for cabinets.7 The dedicated cabinets. A User would only purchase of new cabinets (‘‘Purchasing be placed on the waitlist for the portion Limits’’) will apply: • A User with PNU cabinets will be 4 The Exchange initially filed rule changes of its new cabinet request that exceeds relating to its co-location services with the its existing PNU cabinets, subject to the required to either convert its PNU Securities and Exchange Commission Purchasing Limitations. cabinets into dedicated cabinets or (‘‘Commission’’) in 2018. See Securities Exchange ii. A User would be placed on the relinquish its PNU cabinets before being Act Release No. 83351 (May 31, 2018), 83 FR 26314 waitlist based on the date its signed permitted to purchase new cabinets. (June 6, 2018) (SR–NYSENAT–2018–07) (‘‘NYSE • National Co-location Notice’’). order is received. A User may only have The Exchange will limit a User’s 5 For purposes of the Exchange’s co-location one order for new cabinets on the purchase of new cabinets (dedicated services, a ‘‘User’’ means any market participant waitlist at a time, and the order would and partial) to a maximum of four that requests to receive co-location services directly be subject to the Purchasing Limits. dedicated cabinets, each with a from the Exchange. See id., supra note 4, at 26314 maximum of 8 kw. n.9. As specified in the NYSE National, Inc. • Schedule of Fees and Rebates (‘‘Fee Schedule’’), a 8 See NYSE National Co-location Notice, supra A User will have to wait 30 days User that incurs co-location fees for a particular co- note 4, at 26316. from the date of its signed order form location service pursuant thereto would not be 9 A User may opt to purchase a mixture of before purchasing new cabinets again. subject to co-location fees for the same co-location dedicated and partial cabinets. In such a case, it • If the Cabinet Threshold is reached, service charged by the Exchange’s affiliates New would still be subject to the maximum, whether the Exchange will cease offering new York Stock Exchange, LLC, NYSE American LLC, expressed in dedicated cabinets, partial cabinets, or PNU cabinets to all Users. NYSE Arca, Inc., and NYSE Chicago, Inc. (together, a mixture thereof. The maximum is the equivalent • the ‘‘Affiliate SROs’’). See id. at 26314 n.11. Each of eight partial cabinets, at 2 kW each. The Nasdaq When unallocated cabinet Affiliate SRO has submitted substantially the same procedures similarly limit the purchase of cabinets inventory is more than 40 cabinets, the proposed rule change to propose the changes if available cabinet inventory falls to 40 cabinets or Exchange will discontinue the described herein. See SR–NYSE–2020–73, SR– fewer. Nasdaq Cabinet Waitlist Procedures, supra Purchasing Limits. NYSEAMER–2020–66, SR–NYSEArca–2020–82, note 7, at 38861 (‘‘Should available cabinet and SR–NYSECHX–2020–26. inventory shrink to 40 cabinets or less, the The Exchange proposes to add a new 6 See NYSE National Co-location Notice, supra Exchange will limit new cabinet orders to a General Note 8 to the Exchange’s Fee note 4, at 26316. maximum of 4 cabinets each, and all new cabinets Schedule setting forth the proposed 7 The Exchange believes that the proposed will be limited to a maximum power level of Waitlist, as follows: procedures are consistent with the Nasdaq 5kW.’’). 8. Cabinet Waitlist. The Exchange will procedures for allocating cabinets if Nasdaq’s 10 The waitlist provisions are based on the Nasdaq inventory shrinks to zero. See Securities Exchange Cabinet Waitlist Procedures and the procedures in create a waitlist if the available cabinet Act Release No. 62397 (June 28, 2010), 75 FR 38860 General Note 3 of the Fee Schedule. See id. at (July 6, 2010) (SR–NASDAQ–2010–019) (‘‘Nasdaq 38861; NYSE National Co-location Notice, supra 11 Cabinets may become available if, for example, Cabinet Waitlist Procedures’’). note 7, at 26315. a User vacates a dedicated or partial cabinet.

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inventory is zero, or if a User requests, allocation of reasonable dues, fees, and the date it receives signed orders, in writing, a number of cabinets that, if other charges among its members, limiting the size and number of orders provided, would cause the available issuers and other persons using its a User may have on the waitlist at any cabinet inventory to be zero. The facilities and does not unfairly one time, and removing a User from the Exchange will place Users seeking discriminate between customers, waitlist if it turns down a cabinet that cabinets on a waitlist, as follows: issuers, brokers or dealers. In addition, is the size that it requested, the Cabinet • A User with PNU cabinets will not it is designed to foster cooperation and Allocation is reasonably designed to be placed on the waitlist if the User coordination with persons engaged in prevent Users from utilizing the waitlist could meet its new cabinet request by regulating, clearing, settling, processing as a method to obtain a greater portion converting its PNU cabinets to information with respect to, and of the cabinets available, thereby dedicated cabinets. A User will only be facilitating transactions in securities, to facilitating a more equitable distribution placed on the waitlist for the portion of remove impediments to, and perfect the of cabinets. Similarly, the Exchange its new cabinet request that exceeds its mechanisms of, a free and open market believes that by requiring a 30-day delay existing PNU cabinets, subject to the and a national market system and, in before a User subject to the Purchasing Purchasing Limitations. general, to protect investors and the Limits could purchase cabinets again, • A User will be placed on the public interest and because it is not the Cabinet Allocation is reasonably waitlist based on the date its signed designed to permit unfair designed to prevent a User from order is received. A User may only have discrimination between customers, obtaining a greater portion of the one order for new cabinets on the issuers, brokers, or dealers. cabinets available. waitlist at a time, and the order is The Exchange believes that the subject to the Purchasing Limits. The Proposed Rule Change Is proposed change is reasonable and • As cabinets become available, the Reasonable and Equitable equitable because the Exchange would Exchange will offer them to the User at The Exchange believes that the only place limits on Users’ ability to the top of the waitlist. If the User’s order proposed rule change is reasonable and purchase new cabinets if cabinet is completed, it will be removed from equitable for the following reasons. inventory fell to specific thresholds. the waitlist. If the User’s order is not The Exchange believes that User Similarly, the Exchange believes that completed, it will remain at the top of demand for cabinets will continue. In the proposed change is reasonable and the waitlist. this context, the Exchange believes that equitable because the waitlist would • A User will be removed from the it would be reasonable for it to put in only be created if unallocated cabinet waitlist (a) at the User’s request or (b) if place the proposed Cabinet Allocation inventory fell to zero, and because there the User turns down an offer of a to establish the allocation of cabinets on would be an established threshold for cabinet of the same size it requested in an equitable basis. The Cabinet cessation of the waitlist. its order. If the Exchange offers the User Allocation would establish a rational, The Proposed Rule Change Would a cabinet of a different size than the objective procedure that would be Protect Investors and the Public Interest User requested in its order, the User applied uniformly by the Exchange to may turn down the offer and remain at all Users that requested new cabinets. The Exchange believes that the the top of the waitlist until its order is The Exchange believes that the proposed rule change would perfect the completed. Cabinet Allocation’s two-tier structure mechanisms of a free and open market • A User that is removed from the of establishing, first, a purchasing and a national market system and, in waitlist but subsequently submits a new limitation on order size, and second, a general, protect investors and the public written order for cabinets will be added waitlist, would be a reasonable method interest for the following reasons. back to the bottom of the waitlist. to respond to increasing demand for The Exchange believes that User • When unallocated cabinet cabinets in the future, and would be demand for cabinets will continue. In inventory is more than 10 cabinets, the consistent with the Nasdaq procedures this context, the proposed rule change Exchange will cease use of the waitlist. for allocating cabinets if Nasdaq’s would allow the Exchange to protect The proposed change would apply the cabinet inventory shrinks to zero.14 investors and the public interest, first, same way to all types and sizes of The Exchange believes that the by setting limits on Users’ ability to market participants. As is currently the proposed Cabinet Threshold is purchase cabinets, and second, by using case, the purchase of any colocation reasonable and equitable. Based on a waitlist to allocate any unallocated service is completely voluntary and the experience, the Exchange believes that cabinets on a first come-first served Fee Schedule is applied uniformly to all the Cabinet Threshold is sufficiently rolling basis. Users. The proposed change is not low that it would not be triggered easily. Based on experience, the Exchange otherwise intended to address any other The Exchange believes that the believes that the Cabinet Threshold is issues relating to co-location services proposed Purchasing Limits are sufficiently low that it would not be and/or related fees, and the Exchange is reasonable and equitable. Based on its triggered easily, which would protect not aware of any problems that Users experience with co-location and investors and the public interest. would have in complying with the purchasing trends over the last few Similarly, the Exchange believes that in proposed change. years, the Exchange believes that in most cases the number of cabinets that most cases the number of cabinets that a User would be allowed to buy under 2. Statutory Basis a User would be allowed to buy under the proposed Purchasing Limits would The Exchange believes that the the proposed Purchasing Limits would be sufficient to allow the User to use its proposed rule change is consistent with be sufficient to allow the User to use its system to access the markets while Section 6(b) of the Act,12 in general, and system to access the markets while leaving a margin for potential growth, furthers the objectives of Sections leaving a margin for potential growth. which would protect investors and the 6(b)(4) and (5) of the Act,13 in particular, Further, the Exchange believes that, public interest. because it provides for the equitable by establishing a waitlist on the basis of In addition, the proposed Cabinet Allocation would protect investors and 12 15 U.S.C. 78f(b). 14 See Nasdaq Cabinet Waitlist Procedures, supra the public interest in that it is designed 13 15 U.S.C. 78f(b)(4) and (5). note 7. to prevent Users from utilizing the

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Purchasing Limit and waitlist The Exchange believes that, if Commission highlighted the importance procedures to obtain a greater portion of triggered, the imposition of the Cabinet of market forces in determining prices the cabinets available, thereby Allocation would not impose a burden and SRO revenues and, also, recognized facilitating a more equitable on a User’s ability to compete that is not that current regulation of the market distribution. necessary or appropriate. The Exchange system ‘‘has been remarkably successful The proposed rule change would believes that User demand for cabinets in promoting market competition in its protect investors and the public interest will continue in the future. In this broader forms that are most important to because the proposed new General context, the Exchange believes that it investors and listed companies.’’ 16 Notes would articulate rational, would be reasonable for it to put in The proposed rule change would objective procedures and would serve to place the proposed Cabinet Allocation protect investors and the public interest reduce any potential for confusion on to establish a method for allocating because the proposed new General how cabinets would be allocated if a cabinets on an equitable basis. The Notes would articulate rational, shortage in unallocated cabinets were to Exchange would only follow the Cabinet objective procedures and would serve to arise in the future, and would thereby Allocation and place limits on Users’ reduce any potential for confusion on make the Fee Schedule more ability to purchase new cabinets if how cabinets would be treated in the transparent and reduce any potential unallocated cabinet inventory fell to the case of a shortage in unallocated ambiguity. proposed Cabinet Threshold. Similarly, cabinets, and would thereby make the the Exchange would only create the Fee Schedule more transparent and The Proposed Change Is Not Unfairly waitlist if unallocated cabinet inventory reduce any potential ambiguity. Discriminatory fell to zero. Based on its experience with For the reasons described above, the The Exchange believes that the co-location and purchasing trends over Exchange believes that the proposed proposed change is not unfairly the last few years, the Exchange believes rule change reflects this competitive discriminatory for the following that in most cases the number of environment. reasons. cabinets that a User would be allowed to buy under the proposed Purchasing C. Self-Regulatory Organization’s The proposed change would apply Statement on Comments on the equally to all types and sizes of market Limits would be sufficient to allow the User to use its system to access the Proposed Rule Change Received From participants. If the Cabinet Allocation Members, Participants, or Others were in place, all Users would be able markets while leaving a margin for to identify the permitted cabinet options potential growth. No written comments were solicited and the procedures that would apply to The Exchange believes that the or received with respect to the proposed them in the event that unallocated proposed new General Notes would rule change. articulate rational, objective procedures cabinet supply runs low in the future. III. Date of Effectiveness of the The Cabinet Allocation would assist the and would serve to reduce any potential for confusion on how cabinets would be Proposed Rule Change and Timing for Exchange in accommodating demand Commission Action for co-location services, and cabinets in allocated if a shortage in unallocated particular, on an equitable basis. cabinets were to arise in the future, and Within 45 days of the date of would thereby make the Fee Schedule For the reasons above, the proposed publication of this notice in the Federal more transparent and reduce any changes do not unfairly discriminate Register or up to 90 days (i) as the potential ambiguity. Commission may designate if it finds between or among market participants Use of any co-location service is that are otherwise capable of satisfying such longer period to be appropriate completely voluntary, and each market and publishes its reasons for so finding any applicable co-location fees, participant is able to determine whether requirements, terms and conditions or (ii) as to which the self-regulatory to use co-location services based on the organization consents, the Commission established from time to time by the requirements of its business operations. Exchange. will: (A) By order approve or disapprove For these reasons, the Exchange Intermarket Competition the proposed rule change, or believes that the proposal is consistent The Exchange does not believe that (B) institute proceedings to determine with the Act. the proposed change would impose any whether the proposed rule change B. Self-Regulatory Organization’s burden on intermarket competition that should be disapproved. Statement on Burden on Competition is not necessary or appropriate. The Exchange operates in a highly IV. Solicitation of Comments In accordance with Section 6(b)(8) of competitive market in which exchanges 15 Interested persons are invited to the Act, the Exchange believes that the and other vendors (i.e., Hosting Users) submit written data, views, and proposed rule change will not impose offer co-location services as a means to arguments concerning the foregoing, any burden on competition that is not facilitate the trading and other market including whether the proposed rule necessary or appropriate in furtherance activities of those market participants change is consistent with the Act. of the purposes of the Act. who believe that co-location enhances Comments may be submitted by any of Intramarket Competition the efficiency of their operations. the following methods: Accordingly, fees charged for co- The Exchange does not believe that location services are constrained by the Electronic Comments the proposed change would place any active competition for the order flow of, • Use the Commission’s internet burden on intramarket competition that and other business from, such market comment form (http://www.sec.gov/ is not necessary or appropriate. The participants. rules/sro.shtml); or proposed change would not apply The Commission has repeatedly • Send an email to rule-comments@ differently to distinct types or sizes of expressed its preference for competition sec.gov. Please include File Number SR– market participants. Rather, it would over regulatory intervention in NYSENAT–2020–28 on the subject line. apply to all Users equally. determining prices, products, and services in the securities markets. 16 See Securities Exchange Act Release No. 51808 15 15 U.S.C. 78f(b)(8). Specifically, in Regulation NMS, the (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).

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Paper Comments SECURITIES AND EXCHANGE the most significant aspects of such COMMISSION statements. • Send paper comments in triplicate to Secretary, Securities and Exchange A. Self-Regulatory Organization’s [Release No. 34–89899; File No. SR–MEMX– Statement of the Purpose of, and Commission, 100 F Street NE, 2020–07] Washington, DC 20549–1090. Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; MEMX Change All submissions should refer to File LLC; Notice of Filing and Immediate 1. Purpose Number SR–NYSENAT–2020–28. This Effectiveness of a Proposed Rule file number should be included on the The Exchange proposes to amend Change To Amend the Manner in MEMX Rule 2.4, Mandatory subject line if email is used. To help the Which the Exchange Will Designate Commission process and review your Participation in Testing of Backup Members To Participate in Its Systems, so as to revise how the comments more efficiently, please use Mandatory Disaster Recovery Testing only one method. The Commission will Exchange will designate certain for Calendar Year 2020 Members to participate in mandatory post all comments on the Commission’s disaster recovery pursuant to Regulation internet website (http://www.sec.gov/ September 16, 2020. SCI and MEMX Rule 2.4 for calendar rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the year 2020. Regulation SCI requires submission, all subsequent MEMX, as an SCI entity, to maintain ‘‘Act’’),1 and Rule 19b–4 thereunder,2 amendments, all written statements business continuity and disaster notice is hereby given that on with respect to the proposed rule recovery plans that provide for resilient September 4, 2020, MEMX LLC change that are filed with the and geographically diverse backup and (‘‘MEMX’’ or the ‘‘Exchange’’) filed with Commission, and all written recovery capabilities that are reasonably the Securities and Exchange communications relating to the designed to achieve two-hour Commission (the ‘‘Commission’’) the proposed rule change between the resumption of critical SCI systems and proposed rule change as described in Commission and any person, other than next business day resumption of other Items I and II below, which Items have those that may be withheld from the SCI systems following a wide-scale been prepared by the Exchange. The public in accordance with the disruption.5 Exchange filed the proposal as a ‘‘non- Regulation SCI and MEMX Rule 2.4 provisions of 5 U.S.C. 552, will be controversial’’ proposed rule change available for website viewing and also require MEMX to designate certain pursuant to Section 19(b)(3)(A)(iii) of Members 6 to participate in business printing in the Commission’s Public 3 the Act and Rule 19b–4(f)(6) continuity and disaster recovery testing Reference Room, 100 F Street NE, 4 thereunder. The Commission is in a manner specified by MEMX and at Washington, DC 20549, on official publishing this notice to solicit business days between the hours of a frequency of not less than once every comments on the proposed rule change 12 months.7 Such testing is part of an 10:00 a.m. and 3:00 p.m. Copies of the from interested persons. industry-wide test, which is next filing also will be available for I. Self-Regulatory Organization’s scheduled for October 24, 2020. inspection and copying at the principal MEMX Rule 2.4 governs mandatory office of the Exchange. All comments Statement of the Terms of Substance of the Proposed Rule Change participation in testing of the received will be posted without change. Exchange’s backup systems, and states Persons submitting comments are The Exchange is filing with the that the Exchange will designate cautioned that we do not redact or edit Commission a proposed rule change to Members that account for a specified personal identifying information from proposed rule change to amend the percentage of executed volume on comment submissions. You should manner in which the Exchange will MEMX as required to connect to the submit only information that you wish designate certain Members to participate Exchange’s backup systems and to make available publicly. All in its mandatory disaster recovery participate in functional and submissions should refer to File testing, pursuant to Regulation SCI and performance testing of such system.8 Number SR–NYSENAT–2020–28, and MEMX Rule 2.4 for calendar year 2020. MEMX is not currently operational and should be submitted on or before The text of the proposed rule change is is not expecting to have sufficient provided in Exhibit 5. October 13, 2020. trading data on which to base its Member designation prior to the For the Commission, by the Division of II. Self-Regulatory Organization’s Statement of the Purpose of, and October 24, 2020 test. Thus, as currently Trading and Markets, pursuant to delegated written, Rule 2.4 would not permit the authority.17 Statutory Basis for, the Proposed Rule Change Exchange to designate any Members to J. Matthew DeLesDernier, participate in the industry-wide test for Assistant Secretary. In its filing with the Commission, the 2020 because no Members will have [FR Doc. 2020–20837 Filed 9–21–20; 8:45 am] Exchange included statements concerning the purpose of and basis for 5 BILLING CODE 8011–01–P Securities Exchange Act Release No. 73639 the proposed rule change and discussed (November 19, 2014), 79 FR 72252 (December 5, any comments it received on the 2014). proposed rule change. The text of these 6 The term ‘‘Member’’ refers to any registered broker or dealer that has been admitted to statements may be examined at the membership in the Exchange. A Member will have places specified in Item IV below. The the status of a member of the Exchange as that term Exchange has prepared summaries, set is defined in Section 3(a)(3) of the Act. Membership forth in sections A, B, and C below, of may be granted to a sole proprietor, corporation, limited liability company or other organization which is a registered broker or dealer pursuant to 1 15 U.S.C. 78s(b)(1). Section 15 of the Act, and which has been approved 2 17 CFR 240.19b–4. by the Exchange. See MEMX Rule 1.5(p). 3 15 U.S.C. 78s(b)(3)(A)(iii). 7 MEMX Rule 2.4(a) and (b). 17 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). 8 Id.

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sufficient trading volume on MEMX performance testing. Such standards in securities, to remove impediments to upon which a designation can be based. will be informed by the Exchange’s and perfect the mechanism of a free and To address the unique circumstances actual market and trading data, in open market and a national market for disaster recovery testing in 2020, the accordance with MEMX Rule 2.4(b). system, and, in general, to protect year in which MEMX will become 2. Statutory Basis investors and the public interest.’’ 13 operational, the Exchange proposes to The Exchange believes that this The Exchange believes that its add new paragraph (c). Proposed proposal is consistent with such proposal is consistent with Section 6(b) paragraph (c) would provide that for authority and legal responsibility. calendar year 2020, notwithstanding of the Act,11 in general, and furthers the paragraph (b) which assigns the objectives of Section 6(b)(5) of the Act,12 B. Self-Regulatory Organization’s Exchange responsibility of ‘‘identifying in particular, in that it is designed to Statement on Burden on Competition Members that account for a meaningful prevent fraudulent and manipulative percentage of the Exchange’s overall practices, to promote just and equitable The Exchange believes its proposed volume,’’ the Exchange will instead principles of trade, to foster cooperation rule change would not impose any designate at least three Members who and coordination with persons engaged burden on competition that is not have a meaningful percentage of trading in regulating, clearing, settling, necessary or appropriate in furtherance volumes in NMS Stocks on other equity processing information with respect to, of the purposes of the Act. To the exchanges. This would allow the and facilitating transactions in contrary, the Exchange believes that the Exchange to identify Members for securities, to remove impediments to proposed rule change promotes fair industry-wide disaster recovery testing and perfect the mechanism of a free and competition among brokers and dealers in the absence of metrics that will be open market and a national market and exchanges by ensuring the used in ordinary course to designate system, and, in general to protect Exchange can designate Members to such firms. investors and the public interest. participate in mandatory disaster MEMX believes that, in the absence of MEMX believes that designating at recovery testing pursuant to Regulation sufficient trading data on the Exchange, least three Members who are likely its proposed methodology of designating SCI for calendar year 2020. The already to be participating in the Members who have meaningful levels of Exchange believes that designating three industry-wide test by virtue of their trading activity on other exchanges and or more such firms is reasonably trading activities on other exchanges is who have established connectivity to designed to provide the minimum likely to reduce the burdens associated the Exchange’s backup systems is necessary for the maintenance of fair with being designated for disaster consistent with the protection of and orderly markets in the event of the recovery testing by MEMX in absence of investors and the public interest. The activation of such plans, thereby significant trading volumes on the Exchange further believes that the promoting intermarket competition Exchange. Moreover, to reduce the proposed rule change will ensure that between exchanges in furtherance of the burdens on designated Members the the Members necessary to ensure the principles of Section 11(a)(1) of the Exchange proposes, where possible, to maintenance of fair and orderly markets Act.14 The Exchange notes that the designate firms that have already in the event of the activation of the LTSE has adopted a similar rule for established connections to its backup Exchange’s disaster recovery plans have 2020.15 systems. This is intended to address the been designated consistent with MEMX With respect to intramarket ‘‘notice’’ requirements in the existing Rule 2.4 and Rule 1004 of Regulation 9 competition, the proposed rule change Rule 2.4. The Exchange believes that SCI. Specifically, the proposal will designating three or more such firms is address the unique circumstances of seeks to reduce the burdens on Members reasonably designed to provide the industry-wide testing taking place by only designating Members who are minimum necessary for the within a short time of when the likely already participating in the maintenance of fair and orderly markets Exchange commences operations. The industry-wide test by virtue of their in the event of the activation of such Exchange believes that the proposed trading activities on other exchanges. plans. The Exchange notes that the rule change balances the objectives of Under the proposed rule change, the Long-Term Stock Exchange, Inc. having Members participate in industry- Exchange will designate firms that have (‘‘LTSE’’) has adopted a similar rule for wide disaster recovery testing, including already established connections to the 2020 given its recent launch and the MEMX’s backup systems, and the Exchange’s backup systems. same inability to follow its normal Consequently, MEMX does not believe 10 burdens on such Members who, at the designation procedures. time of designation, will not have traded that the proposed rule change would MEMX intends to notify Members of on MEMX. impose any burden on intramarket their designation for disaster recovery As set forth in the SCI Adopting competition that is not necessary or testing no later than September 10, Release, ‘‘SROs have the authority, and appropriate in furtherance of the Act. 2020. With respect to industry-wide legal responsibility, under Section 6 of disaster recovery testing in 2021 and the Exchange Act, to adopt and enforce C. Self-Regulatory Organization’s beyond, the Exchange will issue one or rules (including rules to comply with Statement on Comments on the more regulatory circulars establishing Regulation SCI’s requirements relating Proposed Rule Change Received From the standards to be used for determining to BC/DR testing) applicable to their Members, Participants, or Others which Members contribute a meaningful members or participants that are percentage of the Exchange’s overall designed to, among other things, foster The Exchange neither solicited nor volume and thus are required to cooperation and coordination with received comments on the proposed participate in functional and persons engaged in regulating, clearing, rule change. settling, processing information with 9 Pursuant to Rule 2.4(b), after 2020, the Exchange will provide at least six months prior notice to a respect to, and facilitating transactions 13 Member that is designated for mandatory testing. See supra note 5 at 72350. See MEMX Rule 2.4(b). 11 15 U.S.C. 78f(b). 14 15 U.S.C. 78k–1(a)(1). 10 See LTSE Rule 2.250(d). 12 15 U.S.C. 78f(b)(5). 15 See supra note 10.

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III. Date of Effectiveness of the change should be approved or For the Commission, by the Division of Proposed Rule Change and Timing for disapproved. Trading and Markets, pursuant to delegated 21 Commission Action authority. IV. Solicitation of Comments J. Matthew DeLesDernier, Because the foregoing proposed rule Assistant Secretary. Interested persons are invited to change does not: (i) Significantly affect [FR Doc. 2020–20841 Filed 9–21–20; 8:45 am] the protection of investors or the public submit written data, views, and BILLING CODE 8011–01–P interest; (ii) impose any significant arguments concerning the foregoing, burden on competition; and (iii) become including whether the proposed rule operative for 30 days from the date on change is consistent with the Act. SECURITIES AND EXCHANGE which it was filed, or such shorter time Comments may be submitted by any of COMMISSION as the Commission may designate, it has the following methods: become effective pursuant to Section [Release No. 34–89886; File No. SR– Electronic Comments NYSECHX–2020–26] 19(b)(3)(A) of the Act 16 and Rule 19b– 4(f)(6) thereunder.17 • Use the Commission’s internet Self-Regulatory Organizations; NYSE A proposed rule change filed under comment form (http://www.sec.gov/ Chicago, Inc.; Notice of Filing of Rule 19b–4(f)(6) 18 normally does not rules/sro.shtml); or Proposed Rule Change To Establish become operative for 30 days after the • Send an email to rule-comments@ Procedures for the Allocation of date of the filing. However, pursuant to sec.gov. Please include File Number SR– Cabinets to Its Co-Located Users Rule 19b–4(f)(6)(iii),19 the Commission MEMX–2020–07 on the subject line. may designate a shorter time if such September 16, 2020. action is consistent with the protection Paper Comments Pursuant to Section 19(b)(1) 1 of the of investors and the public interest. The Securities Exchange Act of 1934 • 2 3 Exchange has asked the Commission to Send paper comments in triplicate (‘‘Act’’), and Rule 19b–4 thereunder, waive the 30-day operative delay to to Secretary, Securities and Exchange notice is hereby given that on permit the Exchange to notify Members Commission, 100 F Street NE, September 2, 2020, NYSE Chicago, Inc. of their designation earlier than would Washington, DC 20549–1090. (‘‘NYSE Chicago’’ or the ‘‘Exchange’’) filed with the Securities and Exchange be possible without a waiver of the All submissions should refer to File Commission (the ‘‘Commission’’) the operative delay. The Commission Number SR–MEMX–2020–07. This file proposed rule change as described in believes that waiver of the operative number should be included on the Items I, II, and III below, which Items delay is consistent with the protection subject line if email is used. To help the have been prepared by the Exchange. of investors and the public interest Commission process and review your because it would provide designated The Commission is publishing this comments more efficiently, please use notice to solicit comments on the members additional time to receive only one method. The Commission will notice of their designation, and thus proposed rule change from interested post all comments on the Commission’s persons. prepare for disaster recovery testing internet website (http://www.sec.gov/ with the Exchange’s backup systems. rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s Accordingly, the Commission waives submission, all subsequent Statement of the Terms of Substance of the 30-day operative delay and amendments, all written statements the Proposed Rule Change designates the proposal operative upon with respect to the proposed rule The Exchange proposes to establish 20 filing. change that are filed with the procedures for the allocation of cabinets At any time within 60 days of the Commission, and all written to its co-located Users. The proposed filing of the proposed rule change, the communications relating to the change is available on the Exchange’s Commission summarily may proposed rule change between the website at www.nyse.com, at the temporarily suspend such rule change if Commission and any person, other than principal office of the Exchange, and at it appears to the Commission that such those that may be withheld from the the Commission’s Public Reference action is necessary or appropriate in the public in accordance with the Room. public interest, for the protection of provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s investors, or otherwise in furtherance of available for website viewing and Statement of the Purpose of, and the purposes of the Act. If the printing in the Commission’s Public Statutory Basis for, the Proposed Rule Commission takes such action, the Reference Room, 100 F Street NE, Change Commission will institute proceedings Washington, DC 20549 on official to determine whether the proposed rule business days between the hours of In its filing with the Commission, the 10:00 a.m. and 3:00 p.m. Copies of the self-regulatory organization included 16 15 U.S.C. 78s(b)(3)(A). filing also will be available for statements concerning the purpose of, 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– inspection and copying at the principal and basis for, the proposed rule change 4(f)(6)(iii) requires a self-regulatory organization to office of the Exchange. All comments and discussed any comments it received give the Commission written notice of its intent to on the proposed rule change. The text file the proposed rule change, along with a brief received will be posted without change. description and text of the proposed rule change, Persons submitting comments are of those statements may be examined at at least five business days prior to the date of filing cautioned that we do not redact or edit the places specified in Item IV below. of the proposed rule change, or such shorter time personal identifying information from The Exchange has prepared summaries, as designated by the Commission. The Exchange comment submissions. You should set forth in sections A, B, and C below, has satisfied this requirement. of the most significant parts of such 18 17 CFR 240.19b–4(f)(6). submit only information that you wish statements. 19 17 CFR 240.19b–4(f)(6)(iii). to make available publicly. All 20 For purposes only of waiving the 30-day submissions should refer to File 21 operative delay, the Commission has also Number SR–MEMX–2020–07 and 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See should be submitted on or before 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). October 13, 2020. 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s proposed Cabinet Allocation is as iii. As cabinets become available,11 Statement of the Purpose of, and follows: the Exchange would offer them to the Statutory Basis for, the Proposed Rule 1. Cabinet Purchasing Limits: User at the top of the waitlist. If the Change a. The Exchange would place the User’s order is completed, it would be following limits on Users’ ability to removed from the waitlist. If the User’s 1. Purpose purchase new cabinets (‘‘Purchasing order is not completed, it would remain The Exchange proposes to establish Limits’’) if the Exchange’s unallocated at the top of the waitlist. procedures for the allocation of cabinets cabinet inventory is at or below 40 iv. A User would be removed from the to its co-located 4 Users.5 cabinets (the ‘‘Cabinet Threshold’’): waitlist (a) at the User’s request or (b) if i. A User with PNU cabinets would be the User turns down an offer of a Background required to either convert its PNU cabinet of the same size it requested in Presently, Users have two options for cabinets into dedicated cabinets or its order. If the Exchange offers the User cabinets with power: Dedicated cabinets relinquish its PNU cabinets before being a cabinet of a different size than the 8 and partial cabinets. Both options use permitted to purchase new cabinets. User requested in its order, the User power and house Users’ servers and ii. The Exchange would limit the may turn down the offer and remain at other equipment. When a User purchase of new cabinets (dedicated the top of the waitlist until its order is purchases a new cabinet, whether and partial) to a maximum of four completed. v. A User that is removed from the dedicated or partial, the Exchange dedicated cabinets, each with a 9 waitlist but subsequently submits a new provides the cabinet with power, and maximum of 8 kW, per User. iii. A User would have to wait 30 days written order for cabinets would be the User pays an initial fee and a from the date of its signed order form added to the bottom of the waitlist. monthly fee based on the number of before purchasing new cabinets again. 3. Termination of Purchasing Limits kilowatts (‘‘kW’’) contracted for the b. If the Cabinet Threshold is reached, and Waitlist: When unallocated cabinet cabinet. The Exchange allocates cabinets the Exchange would cease offering new inventory is more than 10 cabinets, the on a first-come/first-serve basis. PNU cabinets to all Users. Exchange would cease use of the The Exchange also offers a third 2. Waitlist: waitlist. When unallocated cabinet cabinet option, cabinets for which a. The Exchange would create a inventory is more than 40 cabinets, the power is not utilized (‘‘PNU cabinets’’). waitlist if the available cabinet Exchange would discontinue the PNU cabinets are reserved cabinet space inventory is zero, or if a User requests, Purchasing Limits. that can be converted to a dedicated in writing, a number of cabinets that, if cabinet when the User requests it.6 provided, would cause the available Proposed New General Notes The Exchange proposes to add a new Proposed Cabinet Allocation Procedure cabinet inventory to be below zero. b. The Exchange would place Users General Note 7 to the Exchange’s Fee The Exchange believes that it would seeking cabinets on a waitlist, as Schedule setting forth the proposed be prudent for it to put in place follows: 10 Purchasing Limits, as follows: measures for the allocation of cabinets i. A User with PNU cabinets would 7. Cabinet Purchasing Limits. If (the ‘‘Cabinet Allocation’’) that could be not be placed on the waitlist if the User unallocated cabinet inventory is at or used if, in the future, a situation arises could meet its new cabinet request by below 40 cabinets (‘‘Cabinet where the Exchange cannot satisfy all converting its PNU cabinets to Threshold’’), the following limits on the User demand for cabinets.7 The dedicated cabinets. A User would only purchase of new cabinets (‘‘Purchasing be placed on the waitlist for the portion Limits’’) will apply: • A User with PNU cabinets will be 4 The Exchange initially filed rule changes of its new cabinet request that exceeds relating to its co-location services with the its existing PNU cabinets, subject to the required to either convert its PNU Securities and Exchange Commission Purchasing Limitations. cabinets into dedicated cabinets or (‘‘Commission’’) in 2019. See Securities Exchange ii. A User would be placed on the relinquish its PNU cabinets before being Act Release No. 87408 (October 28, 2019), 84 FR waitlist based on the date its signed permitted to purchase new cabinets. 58778 (November 1, 2019) (SR–NYSECHX–2019– • 12) (‘‘NYSE Chicago Co-location Notice’’). order is received. A User may only have The Exchange will limit a User’s 5 For purposes of the Exchange’s co-location one order for new cabinets on the purchase of new cabinets (dedicated services, a ‘‘User’’ means any market participant waitlist at a time, and the order would and partial) to a maximum of four that requests to receive co-location services directly be subject to the Purchasing Limits. dedicated cabinets, each with a from the Exchange. See id., supra note 4, at 58778 maximum of 8 kw. n.6. As specified in the Fee Schedule of NYSE • Chicago, Inc. (the ‘‘Fee Schedule’’), a User that 8 See NYSE Chicago Co-location Notice, supra A User will have to wait 30 days incurs co-location fees for a particular co-location note 4, at 58781. from the date of its signed order form service pursuant thereto would not be subject to co- 9 A User may opt to purchase a mixture of before purchasing new cabinets again. location fees for the same co-location service dedicated and partial cabinets. In such a case, it • If the Cabinet Threshold is reached, charged by the Exchange’s affiliates New York would still be subject to the maximum, whether the Exchange will cease offering new Stock Exchange LLC (‘‘NYSE’’), NYSE American expressed in dedicated cabinets, partial cabinets, or PNU cabinets to all Users. LLC, NYSE Arca, Inc., and NYSE National, Inc. a mixture thereof. The maximum is the equivalent • (together, the ‘‘Affiliate SROs’’). See id. at 58779. of eight partial cabinets, at 2 kW each. The Nasdaq When unallocated cabinet Each Affiliate SRO has submitted substantially the procedures similarly limit the purchase of cabinets inventory is more than 40 cabinets, the same proposed rule change to propose the changes if available cabinet inventory falls to 40 cabinets or Exchange will discontinue the described herein. See SR–NYSE–2020–73, SR– fewer. Nasdaq Cabinet Waitlist Procedures, supra Purchasing Limits. NYSEAMER–2020–66, SR–NYSEArca–2020–82, note 7, at 38861 (‘‘Should available cabinet and SR–NYSENAT–2020–28. inventory shrink to 40 cabinets or less, the The Exchange proposes to add a new 6 See NYSE Chicago Co-location Notice, supra Exchange will limit new cabinet orders to a General Note 8 to the Exchange’s Fee note 4, at 58781. maximum of 4 cabinets each, and all new cabinets Schedule setting forth the proposed 7 The Exchange believes that the proposed will be limited to a maximum power level of Waitlist, as follows: procedures are consistent with the Nasdaq 5kW.’’). 8. Cabinet Waitlist. The Exchange will procedures for allocating cabinets if Nasdaq’s 10 The waitlist provisions are based on the Nasdaq inventory shrinks to zero. See Securities Exchange Cabinet Waitlist Procedures and the procedures in create a waitlist if the available cabinet Act Release No. 62397 (June 28, 2010), 75 FR 38860 General Note 3 of the Fee Schedule. See id. at (July 6, 2010) (SR–NASDAQ–2010–019) (‘‘Nasdaq 38861; NYSE Chicago Co-location Notice, supra 11 Cabinets may become available if, for example, Cabinet Waitlist Procedures’’). note 4, at 58780. a User vacates a dedicated or partial cabinet.

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inventory is zero, or if a User requests, allocation of reasonable dues, fees, and the date it receives signed orders, in writing, a number of cabinets that, if other charges among its members, limiting the size and number of orders provided, would cause the available issuers and other persons using its a User may have on the waitlist at any cabinet inventory to be zero. The facilities and does not unfairly one time, and removing a User from the Exchange will place Users seeking discriminate between customers, waitlist if it turns down a cabinet that cabinets on a waitlist, as follows: issuers, brokers or dealers. In addition, is the size that it requested, the Cabinet • A User with PNU cabinets will not it is designed to foster cooperation and Allocation is reasonably designed to be placed on the waitlist if the User coordination with persons engaged in prevent Users from utilizing the waitlist could meet its new cabinet request by regulating, clearing, settling, processing as a method to obtain a greater portion converting its PNU cabinets to information with respect to, and of the cabinets available, thereby dedicated cabinets. A User will only be facilitating transactions in securities, to facilitating a more equitable distribution placed on the waitlist for the portion of remove impediments to, and perfect the of cabinets. Similarly, the Exchange its new cabinet request that exceeds its mechanisms of, a free and open market believes that by requiring a 30-day delay existing PNU cabinets, subject to the and a national market system and, in before a User subject to the Purchasing Purchasing Limitations. general, to protect investors and the Limits could purchase cabinets again, • A User will be placed on the public interest and because it is not the Cabinet Allocation is reasonably waitlist based on the date its signed designed to permit unfair designed to prevent a User from order is received. A User may only have discrimination between customers, obtaining a greater portion of the one order for new cabinets on the issuers, brokers, or dealers. cabinets available. waitlist at a time, and the order is The Exchange believes that the subject to the Purchasing Limits. The Proposed Rule Change Is proposed change is reasonable and • As cabinets become available, the Reasonable and Equitable equitable because the Exchange would Exchange will offer them to the User at The Exchange believes that the only place limits on Users’ ability to the top of the waitlist. If the User’s order proposed rule change is reasonable and purchase new cabinets if cabinet is completed, it will be removed from equitable for the following reasons. inventory fell to specific thresholds. the waitlist. If the User’s order is not The Exchange believes that User Similarly, the Exchange believes that completed, it will remain at the top of demand for cabinets will continue. In the proposed change is reasonable and the waitlist. this context, the Exchange believes that equitable because the waitlist would • A User will be removed from the it would be reasonable for it to put in only be created if unallocated cabinet waitlist (a) at the User’s request or (b) if place the proposed Cabinet Allocation inventory fell to zero, and because there the User turns down an offer of a to establish the allocation of cabinets on would be an established threshold for cabinet of the same size it requested in an equitable basis. The Cabinet cessation of the waitlist. its order. If the Exchange offers the User Allocation would establish a rational, The Proposed Rule Change Would a cabinet of a different size than the objective procedure that would be Protect Investors and the Public Interest User requested in its order, the User applied uniformly by the Exchange to may turn down the offer and remain at all Users that requested new cabinets. The Exchange believes that the the top of the waitlist until its order is The Exchange believes that the proposed rule change would perfect the completed. Cabinet Allocation’s two-tier structure mechanisms of a free and open market • A User that is removed from the of establishing, first, a purchasing and a national market system and, in waitlist but subsequently submits a new limitation on order size, and second, a general, protect investors and the public written order for cabinets will be added waitlist, would be a reasonable method interest for the following reasons. back to the bottom of the waitlist. to respond to increasing demand for The Exchange believes that User • When unallocated cabinet cabinets in the future, and would be demand for cabinets will continue. In inventory is more than 10 cabinets, the consistent with the Nasdaq procedures this context, the proposed rule change Exchange will cease use of the waitlist. for allocating cabinets if Nasdaq’s would allow the Exchange to protect The proposed change would apply the cabinet inventory shrinks to zero.14 investors and the public interest, first, same way to all types and sizes of The Exchange believes that the by setting limits on Users’ ability to market participants. As is currently the proposed Cabinet Threshold is purchase cabinets, and second, by using case, the purchase of any colocation reasonable and equitable. Based on a waitlist to allocate any unallocated service is completely voluntary and the experience, the Exchange believes that cabinets on a first come-first served Fee Schedule is applied uniformly to all the Cabinet Threshold is sufficiently rolling basis. Users. The proposed change is not low that it would not be triggered easily. Based on experience, the Exchange otherwise intended to address any other The Exchange believes that the believes that the Cabinet Threshold is issues relating to co-location services proposed Purchasing Limits are sufficiently low that it would not be and/or related fees, and the Exchange is reasonable and equitable. Based on its triggered easily, which would protect not aware of any problems that Users experience with co-location and investors and the public interest. would have in complying with the purchasing trends over the last few Similarly, the Exchange believes that in proposed change. years, the Exchange believes that in most cases the number of cabinets that most cases the number of cabinets that a User would be allowed to buy under 2. Statutory Basis a User would be allowed to buy under the proposed Purchasing Limits would The Exchange believes that the the proposed Purchasing Limits would be sufficient to allow the User to use its proposed rule change is consistent with be sufficient to allow the User to use its system to access the markets while Section 6(b) of the Act,12 in general, and system to access the markets while leaving a margin for potential growth, furthers the objectives of Sections leaving a margin for potential growth. which would protect investors and the 6(b)(4) and (5) of the Act,13 in particular, Further, the Exchange believes that, public interest. because it provides for the equitable by establishing a waitlist on the basis of In addition, the proposed Cabinet Allocation would protect investors and 12 15 U.S.C. 78f(b). 14 See Nasdaq Cabinet Waitlist Procedures, supra the public interest in that it is designed 13 15 U.S.C. 78f(b)(4) and (5). note 7. to prevent Users from utilizing the

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Purchasing Limit and waitlist The Exchange believes that, if Commission highlighted the importance procedures to obtain a greater portion of triggered, the imposition of the Cabinet of market forces in determining prices the cabinets available, thereby Allocation would not impose a burden and SRO revenues and, also, recognized facilitating a more equitable on a User’s ability to compete that is not that current regulation of the market distribution. necessary or appropriate. The Exchange system ‘‘has been remarkably successful The proposed rule change would believes that User demand for cabinets in promoting market competition in its protect investors and the public interest will continue in the future. In this broader forms that are most important to because the proposed new General context, the Exchange believes that it investors and listed companies.’’ 16 Notes would articulate rational, would be reasonable for it to put in The proposed rule change would objective procedures and would serve to place the proposed Cabinet Allocation protect investors and the public interest reduce any potential for confusion on to establish a method for allocating because the proposed new General how cabinets would be allocated if a cabinets on an equitable basis. The Notes would articulate rational, shortage in unallocated cabinets were to Exchange would only follow the Cabinet objective procedures and would serve to arise in the future, and would thereby Allocation and place limits on Users’ reduce any potential for confusion on make the Fee Schedule more ability to purchase new cabinets if how cabinets would be treated in the transparent and reduce any potential unallocated cabinet inventory fell to the case of a shortage in unallocated ambiguity. proposed Cabinet Threshold. Similarly, cabinets, and would thereby make the the Exchange would only create the Fee Schedule more transparent and The Proposed Change Is Not Unfairly waitlist if unallocated cabinet inventory reduce any potential ambiguity. Discriminatory fell to zero. Based on its experience with For the reasons described above, the The Exchange believes that the co-location and purchasing trends over Exchange believes that the proposed proposed change is not unfairly the last few years, the Exchange believes rule change reflects this competitive discriminatory for the following that in most cases the number of environment. reasons. cabinets that a User would be allowed to buy under the proposed Purchasing C. Self-Regulatory Organization’s The proposed change would apply Statement on Comments on the equally to all types and sizes of market Limits would be sufficient to allow the User to use its system to access the Proposed Rule Change Received From participants. If the Cabinet Allocation Members, Participants, or Others were in place, all Users would be able markets while leaving a margin for to identify the permitted cabinet options potential growth. No written comments were solicited and the procedures that would apply to The Exchange believes that the or received with respect to the proposed them in the event that unallocated proposed new General Notes would rule change. articulate rational, objective procedures cabinet supply runs low in the future. III. Date of Effectiveness of the The Cabinet Allocation would assist the and would serve to reduce any potential for confusion on how cabinets would be Proposed Rule Change and Timing for Exchange in accommodating demand Commission Action for co-location services, and cabinets in allocated if a shortage in unallocated particular, on an equitable basis. cabinets were to arise in the future, and Within 45 days of the date of would thereby make the Fee Schedule For the reasons above, the proposed publication of this notice in the Federal more transparent and reduce any changes do not unfairly discriminate Register or up to 90 days (i) as the potential ambiguity. Commission may designate if it finds between or among market participants Use of any co-location service is that are otherwise capable of satisfying such longer period to be appropriate completely voluntary, and each market and publishes its reasons for so finding any applicable co-location fees, participant is able to determine whether requirements, terms and conditions or (ii) as to which the self-regulatory to use co-location services based on the organization consents, the Commission established from time to time by the requirements of its business operations. Exchange. will: (A) By order approve or disapprove For these reasons, the Exchange Intermarket Competition the proposed rule change, or believes that the proposal is consistent The Exchange does not believe that (B) institute proceedings to determine with the Act. the proposed change would impose any whether the proposed rule change B. Self-Regulatory Organization’s burden on intermarket competition that should be disapproved. Statement on Burden on Competition is not necessary or appropriate. The Exchange operates in a highly IV. Solicitation of Comments In accordance with Section 6(b)(8) of competitive market in which exchanges 15 Interested persons are invited to the Act, the Exchange believes that the and other vendors (i.e., Hosting Users) submit written data, views, and proposed rule change will not impose offer co-location services as a means to arguments concerning the foregoing, any burden on competition that is not facilitate the trading and other market including whether the proposed rule necessary or appropriate in furtherance activities of those market participants change is consistent with the Act. of the purposes of the Act. who believe that co-location enhances Comments may be submitted by any of Intramarket Competition the efficiency of their operations. the following methods: Accordingly, fees charged for co- The Exchange does not believe that location services are constrained by the Electronic Comments the proposed change would place any active competition for the order flow of, • Use the Commission’s internet burden on intramarket competition that and other business from, such market comment form (http://www.sec.gov/ is not necessary or appropriate. The participants. rules/sro.shtml); or proposed change would not apply The Commission has repeatedly • Send an email to rule-comments@ differently to distinct types or sizes of expressed its preference for competition sec.gov. Please include File Number SR– market participants. Rather, it would over regulatory intervention in NYSECHX–2020–26 on the subject line. apply to all Users equally. determining prices, products, and services in the securities markets. 16 See Securities Exchange Act Release No. 51808 15 15 U.S.C. 78f(b)(8). Specifically, in Regulation NMS, the (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).

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Paper Comments ACTION: Notice. State Department’s Overseas Security • Advisory Council from November 17 to Send paper comments in triplicate SUMMARY: This is a notice of an to Secretary, Securities and Exchange November 16, 2020. Pursuant to Section Economic Injury Disaster Loan (EIDL) 10(d) of the Federal Advisory Commission, 100 F Street NE, declaration for the State of Washington, Washington, DC 20549–1090. Committee Act (5 U.S.C. Appendix), 5 dated 09/16/2020. U.S.C. 552b(c)(4), and 5 U.S.C. All submissions should refer to File Incident: Civil Unrest. Number SR–NYSECHX–2020–26. This 552b(c)(7)(E), it has been determined Incident Period: 05/26/2020 and that the meeting will be closed to the file number should be included on the continuing. subject line if email is used. To help the public. The meeting will focus on an Commission process and review your DATES: Issued on 09/16/2020. examination of corporate security comments more efficiently, please use Economic Injury (EIDL) Loan policies and procedures and will only one method. The Commission will Application Deadline Date: 06/16/2021. involve extensive discussion of trade post all comments on the Commission’s ADDRESSES: Submit completed loan secrets and proprietary commercial internet website (http://www.sec.gov/ applications to: U.S. Small Business information that is privileged and rules/sro.shtml). Copies of the Administration, Processing and confidential, and will discuss law submission, all subsequent Disbursement Center, 14925 Kingsport enforcement investigative techniques amendments, all written statements Road, Fort Worth, TX 7615 and procedures. The agendas will include updated committee reports, with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: A. global threat overviews, and other change that are filed with the Escobar, Office of Disaster Assistance, matters relating to private sector Commission, and all written U.S. Small Business Administration, security policies and protective communications relating to the 409 3rd Street SW, Suite 6050, programs and the protection of U.S. proposed rule change between the Washington, DC 20416, (202) 205–6734. Commission and any person, other than business information overseas. SUPPLEMENTARY INFORMATION: Notice is For more information, contact Marsha those that may be withheld from the hereby given that as a result of the public in accordance with the Thurman, Overseas Security Advisory Administrator’s EIDL declaration, Council, U.S. Department of State, provisions of 5 U.S.C. 552, will be applications for economic injury available for website viewing and Washington, DC 20522–2008, phone: disaster loans may be filed at the 571–345–2214. printing in the Commission’s Public address listed above or other locally Reference Room, 100 F Street NE, announced locations. Jason R. Kight, Washington, DC 20549, on official The following areas have been Executive Director, Overseas Security business days between the hours of determined to be adversely affected by Advisory Council, Department of State. 10:00 a.m. and 3:00 p.m. Copies of the the disaster: [FR Doc. 2020–20893 Filed 9–21–20; 8:45 am] filing also will be available for BILLING CODE 4710–43–P inspection and copying at the principal Primary Counties: King. office of the Exchange. All comments Contiguous Counties: received will be posted without change. Washington Chelan, Kitsap, Kittitas, Pierce, Snohomish, Yakima. OFFICE OF THE UNITED STATES Persons submitting comments are TRADE REPRESENTATIVE cautioned that we do not redact or edit The Interest Rates are: personal identifying information from Percent Fiscal Year 2020 Allocation of comment submissions. You should Additional Tariff-Rate Quota Volume submit only information that you wish Businesses And Small Agricultural for Raw Cane Sugar to make available publicly. All Cooperatives Without Credit AGENCY: submissions should refer to File Available Elsewhere ...... 3.000 Office of the United States Number SR–NYSECHX–2020–26, and Non-Profit Organizations without Trade Representative. should be submitted on or before Credit Available Elsewhere ...... 2.750 ACTION: Notice. October 13, 2020. SUMMARY: The Office of the United For the Commission, by the Division of The number assigned to this disaster for economic injury is 166660 States Trade Representative (USTR) is Trading and Markets, pursuant to delegated providing notice of the allocations of authority.17 The States which received an EIDL Declaration # are WASHINGTON. additional Fiscal Year (FY) 2020 in- J. Matthew DeLesDernier, quota quantities of the tariff-rate quota Assistant Secretary. (Catalog of Federal Domestic Assistance (TRQ) for imported raw cane sugar as [FR Doc. 2020–20838 Filed 9–21–20; 8:45 am] Number 59008) announced by the Secretary of BILLING CODE 8011–01–P Jovita Carranza, Agriculture on September 10, 2020. Administrator. DATES: This notice is applicable on [FR Doc. 2020–20859 Filed 9–21–20; 8:45 am] September 23, 2020. SMALL BUSINESS ADMINISTRATION BILLING CODE 8026–03–P FOR FURTHER INFORMATION CONTACT: Erin [Disaster Declaration #16666; Washington Nicholson, Office of Agricultural Disaster Number WA–00088 Declaration of Affairs, at (202) 395–9419 or Economic Injury] DEPARTMENT OF STATE [email protected]. SUPPLEMENTARY INFORMATION: Pursuant Administrative Declaration of an [Public Notice: 11199] to Additional U.S. Note 5 to Chapter 17 Economic Injury Disaster for the State of the Harmonized Tariff Schedule of of Washington Overseas Security Advisory Council (OSAC) Meeting Notice; Closed the United States (HTSUS), the United AGENCY: U.S. Small Business Meeting States maintains TRQs for imports of Administration. raw cane and refined sugar. Section The Department of State announces a 404(d)(3) of the Uruguay Round 17 17 CFR 200.30–3(a)(12). date change to a meeting of the U.S. Agreements Act (19 U.S.C. 3601(d)(3))

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authorizes the President to allocate the related to technology transfer, approximate annual trade value of $34 in-quota quantity of a TRQ for any intellectual property, and innovation. billion. See 83 FR 28710 (the $34 billion agricultural product among supplying The U.S. Trade Representative initiated action). The U.S. Trade Representative’s countries or customs areas. The an exclusion process in July 2018 and determination included a decision to President delegated this authority to the has granted 10 sets of exclusions under establish a process by which U.S. U.S. Trade Representative under the $34 billion action. The seventh set stakeholders could request exclusion of Presidential Proclamation 6763 (60 FR of exclusions was published in particular products classified within an 1007, January 4, 1995). September 2019 and will expire in eight-digit HTSUS subheading covered On September 10, 2020, the Secretary September 2020. On June 3, 2020, the by the $34 billion action from the of Agriculture announced an additional U.S. Trade Representative established a additional duties. The U.S. Trade in-quota quantity of the TRQ for raw process for the public to comment on Representative issued a notice setting cane sugar for the remainder of FY2020 whether to extend particular exclusions out the process for the product (ending September 30, 2020) in the for up to 12 months. This notice exclusions and opened a public docket. amount of 90,718 metric tons raw value announces the U.S. Trade See 83 FR 32181 (the July 11 notice). (MTRV) (conversion factor: 1 metric ton Representative’s determination to In September 2019, the U.S. Trade raw value = 1.10231125 short tons raw extend certain exclusions through Representative granted a set of value). See 85 FR 55812. This quantity December 31, 2020. exclusion requests, which expire on is in addition to the minimum amount DATES: The product exclusion September 20, 2020. See 84 FR 49564 to which the United States is committed extensions announced in this notice (the September 20 notice). On June 3, under the World Trade Organization apply as of September 20, 2020, and 2020, the U.S. Trade Representative (WTO) Uruguay Round Agreements extend through December 31, 2020. U.S. invited the public to comment on (1,117,195 MTRV) and in addition to the Customs and Border Protection will whether to extend for up to 12 months increase of 317,515 MTRV raw sugar on issue instructions on entry guidance and particular exclusions granted in the April 3, 2020. The Department of implementation. September 20 notice. See 85 FR 34274 Agriculture also has determined that it FOR FURTHER INFORMATION CONTACT: For (the June 3 notice). will permit all sugar entering the United general questions about this notice, Under the June 3 notice, commenters States under the FY2020 raw cane sugar contact Associate General Counsel were asked to address whether the TRQ to enter U.S. Customs territory Philip Butler or Assistant General particular product and/or a comparable through October 31, 2020, a month later Counsel Benjamin Allen, or Director of product is available from sources in the than the usual last entry date. Of this Industrial Goods Justin Hoffmann at United States and/or in third countries; additional quantity, USTR is allocating (202) 395–5725. For specific questions any changes in the global supply chain 10,718 MTRV to Australia and 80,000 on customs classification or since July 2018 with respect to the MTRV to Brazil. implementation of the product particular product, or any other relevant The allocations of the raw cane sugar exclusions identified in the Annexes to industry developments; and efforts, if TRQ to countries that are net importers this notice, contact traderemedy@ any, importers or U.S. purchasers have of sugar are conditioned on receipt of cbp.dhs.gov. undertaken since July 2018 to source the the appropriate verifications of origin, SUPPLEMENTARY INFORMATION: product from the United States or third and certificates for quota eligibility must countries. accompany imports from any country A. Background In addition, commenters who were for which an allocation has been importers and/or purchasers of the provided. For background on the proceedings in this investigation, please see prior products covered by an exclusion were Gregory Doud, notices including: 82 FR 40213 (August asked to provide information regarding Chief Agricultural Negotiator, Office of the 24, 2017), 83 FR 14906 (April 6, 2018), their efforts since July 2018 to source United States Trade Representative. 83 FR 28710 (June 20, 2018), 83 FR the product from the United States or [FR Doc. 2020–20874 Filed 9–21–20; 8:45 am] 32181 (July 11, 2018), 83 FR 67463 third countries; the value and quantity BILLING CODE 3290–F0–P (December 28, 2018), 84 FR 11152 of the Chinese-origin product covered (March 25, 2019), 84 FR 16310 (April by the specific exclusion request 18, 2019), 84 FR 21389 (May 14, 2019), purchased in 2018 and 2019, and OFFICE OF THE UNITED STATES 84 FR 25895 (June 4, 2019), 84 FR 32821 whether these purchases are from a TRADE REPRESENTATIVE (July 9, 2019), 84 FR 43304 (August 20, related company; whether Chinese 2019), 84 FR 46212 (September 3, 2019), suppliers have lowered their prices for Notice of Product Exclusion 84 FR 49564 (September 20, 2019), 84 products covered by the exclusion Extensions: China’s Acts, Policies, and FR 52567 (October 2, 2019), 84 FR following the imposition of duties; the Practices Related to Technology 58427 (October 31, 2019), 84 FR 70616 value and quantity of the product Transfer, Intellectual Property, and (December 23, 2019), 84 FR 72102 covered by the exclusion purchased Innovation (December 30, 2019), 85 FR 6687 from domestic and third country AGENCY: Office of the United States (February 5, 2020), 85 FR 12373 (March sources in 2018 and 2019; the Trade Representative. 2, 2020), 85 FR 16181 (March 20, 2020), commenter’s gross revenue for 2018 and ACTION: Notice of product exclusion 85 FR 24081 (April 30, 2020), 85 FR 2019; whether the Chinese-origin extensions. 33775 (June 2, 2020), 85 FR 34274 (June product of concern is sold as a final 3, 2020), 85 FR 41267 (July 9, 2020), and product or as an input; whether the SUMMARY: Effective July 6, 2018, the U.S. 85 FR 46777 (August 3, 2020). imposition of duties on the products Trade Representative imposed Effective July 6, 2018, the U.S. Trade covered by the exclusion will result in additional duties on goods of China Representative imposed additional 25 severe economic harm to the commenter with an annual trade value of percent duties on goods of China or other U.S. interests; and any approximately $34 billion as part of the classified in 818 eight-digit subheadings additional information in support of or action in the Section 301 investigation of the Harmonized Tariff Schedule of in opposition to extending the of China’s acts, policies, and practices the United States (HTSUS), with an exclusion.

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The June 3 notice required the current and possible future exclusions Representative’s determination also submission of comments no later than or extensions of exclusions on the takes into account advice from advisory July 7, 2020. effectiveness of the action taken in this committees and any public comments concerning extension of the pertinent B. Determination To Extend Certain investigation, the U.S. Trade exclusion. Exclusions Representative has determined to extend the exclusions in the Annexes to In accordance with the July 11 notice, Based on an evaluation of the factors this notice for less than 12 months— the exclusions are available for any set out in the July 11 and June 3 notices, through December 31, 2020. To date, the product that meets the description in which are summarized above, pursuant U.S. Trade Representative has granted the Annexes, regardless of whether the to sections 301(b), 301(c), and 307(a) of more than 6,800 exclusion requests, has importer filed an exclusion request. the Trade Act of 1974, as amended, and extended some of these exclusions, and Further, the scope of each exclusion is in accordance with the advice of the may consider further extensions of governed by the scope of the ten digit interagency Section 301 Committee, the exclusions. HTSUS headings and product U.S. Trade Representative has descriptions in the Annexes to this The U.S. Trade Representative will determined to extend certain product notice, and not by the product take account of the cumulative effect of exclusions covered by the September 20 descriptions set out in any particular exclusions in considering the possible notice, as set out in the Annexes to this request for exclusion. notice. further extension of the exclusions The June 3 notice provided that the covered by this notice, as well as Joseph Barloon, U.S. Trade Representative would possible extensions of exclusions of General Counsel, Office of the United States consider extensions of up to 12 months. other products covered by the action in Trade Representative. In light of the cumulative effect of this investigation. The U.S. Trade BILLING CODE 3290–F0–P

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ANNEXA

A. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 20, 2020 and before 11 :59 p.m. eastern daylight time on December 31, 2020, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HT SUS) is modified:

1. by inserting the following new heading 9903.88.58 in numerical sequence, with the material in the new heading inserted in the columns of the HT SUS labeled "Heading/Subheading", "Article Description", and "Rates of Duty I-General", respectively:

Rates of Duty Heading/ Article Description 1 2 Subheading General Special "9903.88.58 Effective with respect to entries on or after September 20, 2020, and through December 31, 2020, articles the product of China, as provided for in U.S. note 20(kkk) to this The duty subchapter, each covered by an exclusion provided in granted by the U.S. Trade Representative ..... the ...... applicable subheading"

2. by inserting the following new U.S. note 20(kkk:) to subchapter III of chapter 99 in numerical sequence:

"(kkk:) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.01. See 83 Fed. Reg. 40823 (August 16, 2018) and 83 Fed. Reg. 47326 (September 18, 2018). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that, as provided in heading 9903.88.58, the additional duties provided for in heading 9903.88.01 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

(1) Submersible centrifugal pumps (other than fuel, lubricating or cooling medium pumps for internal combustion piston engines; other than stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard), not fitted or designed to be fitted with a measuring device, the foregoing capable of operating at 3,700 liters or more but not exceeding 41,000 liters per hour (described in statistical reporting number 8413.70.2004)

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(2) Tabletop water fountains designed for indoor use, the essential character of which is imparted by submersible centrifugal pumps (described in statistical reporting number 8413.70.2004) (3) Rotary compressors, each exceeding 746 W but not exceeding 2,238 W, with a cooling capacity ranging from 2.3 kW to 5.5 kW (described in statistical reporting number 8414.30.8060) (4) Thermal roll laminators, each valued not over $450 (described in statistical reporting number 8420.10.9040) (5) Cutting pads, platforms, base plates, pads, shims, trays, which function as guides for hand-operated table-top calendering machines of a width not exceeding 51 cm (described in statistical reporting number 8420.99.9000) (6) Ionization filters valued over $35 but not over $45 each (described in statistical reporting number 8421.21.0000) (7) Disposable plastic filters of a kind suitable for filtering and dehumidifying a patient's breath in a medical device such as a gas analyzer ( described in statistical reporting number 8421.39.8090) (8) Parts of swimming pool vacuum cleaners (described in statistical reporting number 8421.99.0040) (9) 3-member slides with ball bearings, of stainless steel, for use in household dishwashers (described in statistical reporting number 8422.90.0640) (10) Shovel loaders, each with a bucket capacity of 11.4 m3 to 12 m3, and an operating weight of 30,000 kg or more but not exceeding 36,000 kg (described in statistical reporting number 8429.51.1055) (11) Animal feeding machinery (described in statistical reporting number 8436.80.0090) (12) Parts of animal feeding machinery (described in statistical reporting number 8436.99.0090) (13) Ink cartridges, each weighing more than 1 kg (described in statistical reporting number 8443.99.2010) (14) Printer maintenance kits consisting of two or more replacement parts for printer units of subheading 8443.32.10 specified in additional U.S. note 2 to chapter 84 (described in statistical reporting number 8443.99.2050) (15) Horizontal lathes for removing metal, electrically powered, not numerically controlled, each with mill head attachment mounted above the lathe headstock (described in statistical reporting number 8458.19.0020) (16) New numerically-controlled milling machines capable of end beveling pipe of an outside diameter of 60 cm or more but not exceeding 305 cm (described in statistical reporting number 8459.61.0080) (17) Press brakes, not numerically controlled, having a drive capacity rating of 3kW (described in statistical reporting number 8462.29.0030) (18) New hydraulic shearing machines, not numerically controlled, with a power of 7.5 kW, valued at $3,025 or more each (described in statistical reporting number 8462.39.0050) (19) Tool holders of a kind used to hold various types of metal working tools for use on milling machine spindles (described in statistical reporting number 8466.10.0175) (20) Modularized plants for the manufacture of lithium hydroxide by functions involving mixing, kneading or stirring (described in statistical reporting number 8479.82.0040)

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(21) Ball type angle cock valve bodies, of cast iron, for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020) (22) Valve bodies, of aluminum, of valves for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020) (23) Hydraulic valve parts, other than valve bodies, of valves for oleohydraulic or pneumatic transmissions, each valued not over $5 ( described in statistical reporting number 8481.90.9040) (24) Angular contact ball bearings, not for use with wheel hub bearing units, having an inner diameter of 25 mm or greater but not exceeding 55 mm, an outer diameter of 50 mm or greater but not exceeding 95 mm, a width of 20 mm or greater but not exceeding 35 mm, with single or double row of steel balls and a cage of steel or plastics (described in statistical reporting number 8482.10.5028) (25) Angular contact ball bearings, not over 40 mm in width, other than wheel hub bearing units (described in statistical reporting number 8482.10.5028) (26) Electric motors, AC, permanent split capacitor type, not exceeding 16 W ( described in statistical reporting number 8501.10.4020) (27) DC motors, of an output exceeding 37.5 W but not exceeding 74.6 W, valued over $2 but not over $30 each ( described in statistical reporting number 8501.31.2000) (28) AC motors, multi-phase, of rolled steel frame construction (described in statistical reporting number 8501.51.4040) (29) AC motors, multi-phase, of an output of 186.5 kW or more but not exceeding 373 kW, having a cast iron frame construction (described in statistical reporting number 8501.53.8040) (30) Dual layer printed circuit board assemblies, each valued over $30 but not over $35 (described in statistical reporting number 8504.90.7500) (31) Transceivers, IO-meter, not hand-held, for operation in infrequencies of 28.000 to 29.700 MHz (described in statistical reporting number 8525.60.1050) (32) Limit switches, for a voltage not exceeding 1,000 V, each valued over $19 but not over $32 (described in statistical reporting number 8536.50.9055) (33) Modular light switches, for a voltage not exceeding 1,000 V, presented in polyethylene terephthalate (PET) housings, designed for use with a backplate (described in statistical reporting number 8536.50.9065) (34) Switches designed for use in motor vehicles, driver or passenger activated (described in statistical reporting number 8536.50.9065) (35) Coaxial connectors, for a voltage not exceeding 1,000 V, valued over $0.20 but not over $0.30 each (described in statistical reporting number 8536.69.4010) (36) Butt splice connectors, for a voltage not exceeding 1,000 V, each valued not over $3 (described in statistical reporting number 8536.90.4000) (37) Ring terminals, for a voltage not exceeding 1,000 V (described in statistical reporting number 8536.90.4000) (38) Twist-on wire connectors, for a voltage not exceeding 1,000 V, each valued not over $0.03 (described in statistical reporting number 8536.90.4000) (39) S-band and X-band linear accelerators designed for use in radiation surgery or radiation therapy equipment (described in statistical reporting number 8543.10.0000) (40) Four-wheel off-road vehicles, with only spark-ignition internal combustion reciprocating piston engines, of a cylinder capacity not exceeding 1,000 cc, with

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straddle seat and handlebar control, each with label indicating that vehicle is for operation only by persons at least 16 years of age, each valued not over $5000 (described in statistical reporting number 8703.21.0110) ( 41) Works trucks, electrical, operator riding, each of a curb weight exceeding 8,500 kg but not exceeding 9,500 kg ( described in statistical reporting number 8709.11.0030) (42) Depth-sounding apparatus, each valued not over $50 (described in statistical reporting number 9014.80.2000) (43) Disposable electrocardiograph (ECG) electrodes (described in statistical reporting number 9018.11.9000) ( 44) Portable ultrasonic scanner consoles, each weighing less than 4 kg, presented with or without transducer ( described in statistical reporting number 9018 .12. 0000) ( 45) Digital peak flow meters suitable for use by medical professionals ( described in statistical reporting number 9018.19.9550) ( 46) Fingertip pulse oximeters suitable for use by medical professionals ( described in statistical reporting number 9018.19.9550) (47) Bismuth germanate crystals with set dimensional and surface finish requirements and used as a detection element in Positron Emission Tomography (PET) detectors (described in statistical reporting number 9018.19.9560) ( 48) Magnetic resonance imaging ("MRI") patient enclosure devices, each incorporating radio frequency and gradient coils (described in statistical reporting number 9018.19.9560) ( 49) Parts and accessories of capnography monitors ( described in statistical reporting number 9018.19.9560) (50) Otoscopes (described in statistical reporting number 9018.90.2000) (51) Anesthesia masks (described in statistical reporting number 9018.90.3000) (52) Electrosurgical cautery pencils with electrical connectors (described in statistical reporting number 9018.90.6000) (53) Printed circuit board assemblies designed for use in displaying operational performance of medical infusion equipment ( described in statistical reporting number 9018.90.7580) (54) X-ray tables (described in statistical reporting number 9022.90.2500) (55) X-ray tube housings and parts thereof (described in statistical reporting number 9022. 90 .4000) (56) Parts and accessories, of metal, for mobile X-ray apparatus (described in statistical reporting number 9022.90.6000) (57) Printed circuit board assemblies, of a kind designed for use in X-ray apparatus (described in statistical reporting number 9022.90.6000) (58) Vertical stands specially designed to support, contain or adjust the movement of X­ ray digital detectors, or the X-ray tube and collimator in complete X-ray diagnostic systems (described in statistical reporting number 9022.90.6000) ( 59) Thermoplastic masks of polycaprolactone for the use of immobilizing patients, during the use of alpha, beta or gamma radiations, for radiography or radiotherapy (described in statistical reporting number 9022.90.9500) ( 60) Automatic thermostats for heating, ventilation and air conditioning systems, containing temperature and humidity sensors, designed for wall mounting ( described in statistical reporting number 9032. 10.0030)

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(61) Battery balancers designed for regulating voltage across batteries, other than for 6, 12 or 24 volt systems (described in statistical reporting number 9032.89.4000) (62) Thermostat covers (described in statistical reporting number 9032.90.6120)"

3. by amending the last sentence of the first paragraph of U.S. note 20(a) to subchapter III of chapter 99 by:

a. by deleting "or (10)" and by inserting "(10)" in lieu thereof; and

b. by inserting"; or (11) heading 9903.88.58 and U.S. note 20(kkk) to subchapter III of chapter 99" after the phrase "U.S. note 20( eee) to subchapter III of chapter 99", where it appears at the end of the sentence.

4. by amending U.S. note 20(b) to subchapter III of chapter 99 by:

a. by deleting "or (10)" and by inserting "(10)" in lieu thereof; and

b. by inserting"; or (11) heading 9903.88.58 and U.S. note 20(kkk) to subchapter III of chapter 99" after the phrase "U.S. note 20( eee) to subchapter III of chapter 99", where it appears at the end of the sentence.

5. by amending the Article Description of heading 9903.88.01:

a. by deleting "9903.88.50 or'';

b. by inserting in lieu thereof "9903.88.50,"; and

c. by inserting "or 9903.88.58," after "9903.88.52,".

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ANNEXB The following table is provided for informational purposes only. The table contains a list of the original product exclusions that are being extended by this notice. In addition, the table contains the corresponding subdivisions in new note 20(kkk) to subchapter III of Chapter 99 and new heading 9903.88.58 for the product exclusions that are being extended by this notice. The original product exclusions expire on September 20, 2020. The exclusions that are being extended are effective from September 20, 2020 through December 31, 2020.

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[FR Doc. 2020–20828 Filed 9–21–20; 8:45 am] OFFICE OF THE UNITED STATES SUMMARY: Effective August 23, 2018, the BILLING CODE 3290–F0–C TRADE REPRESENTATIVE U.S. Trade Representative imposed additional duties on goods of China Notice of Product Exclusion with an annual trade value of Extensions: China’s Acts, Policies, and approximately $16 billion as part of the Practices Related to Technology action in the Section 301 investigation Transfer, Intellectual Property, and of China’s acts, policies, and practices Innovation related to technology transfer, intellectual property, and innovation. AGENCY: Office of the United States Trade Representative. The U.S. Trade Representative initiated an exclusion process in September 2018 ACTION: Notice of product exclusion and has granted three sets of exclusions extensions. under the $16 billion action. The second

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set of exclusions was published in Representative’s determination included The June 25 notice required the September 2019 and will expire on a decision to establish a process by submission of comments no later than September 20, 2020. On June 25, 2020, which U.S. stakeholders could request July 30, 2020. the U.S. Trade Representative exclusion of particular products B. Determination To Extend Certain established a process for the public to classified within an eight-digit HTSUS Exclusions comment on whether to extend subheading covered by the $16 billion particular exclusions granted in action from the additional duties. The Based on an evaluation of the factors September 2019 for up to 12 months. U.S. Trade Representative issued a set out in the September 18 and June 25 This notice announces the U.S. Trade notice setting out the process for notices, which are summarized above, Representative’s determination to product exclusions and opened a public pursuant to sections 301(b), 301(c), and extend certain exclusions through docket. See 83 FR 47236 (the September 307(a) of the Trade Act of 1974, as December 31, 2020. 18 notice). amended, and in accordance with the DATES: The product exclusion In September 2019, the U.S. Trade advice of the interagency Section 301 extensions announced in this notice Representative granted a set of Committee, the U.S. Trade apply as of September 20, 2020, and exclusion requests, which expire on Representative has determined to extend through December 31, 2020. U.S. September 20, 2020. See 84 FR 49600 extend certain product exclusions Customs and Border Protection will (the September 20 notice). On June 25, covered by the September 20 notice, as issue instructions on entry guidance and 2020, the U.S. Trade Representative set out in the Annexes to this notice. implementation. invited the public to comment on whether to extend for up to 12 months, The June 25 notice provided that the FOR FURTHER INFORMATION CONTACT: For particular exclusions granted in the U.S. Trade Representative would general questions about this notice, September 20 notice. See 85 FR 38237 consider extensions of up to 12 months. contact Associate General Counsel (the June 25 notice). In light of the cumulative effect of Philip Butler or Assistant General Under the June 25 notice, commenters current and possible future exclusions Counsel Benjamin Allen, or Director of were asked to address whether the or extensions of exclusions on the Industrial Goods Justin Hoffmann at particular product and/or a comparable effectiveness of the action taken in this (202) 395–5725. For specific questions product is available from sources in the investigation, the U.S. Trade on customs classification or United States and/or in third countries; Representative has determined to implementation of the product any changes in the global supply chain extend the exclusions in the Annexes to exclusions identified in the Annexes to since August 2018 with respect to the this notice for less than 12 months— this notice, contact traderemedy@ particular product, or any other relevant through December 31, 2020. To date, the cbp.dhs.gov. industry developments; and efforts, if U.S. Trade Representative has granted SUPPLEMENTARY INFORMATION: any, importers or U.S. purchasers have more than 6,800 exclusion requests, has undertaken since August 2018 to source extended some of these exclusions, and A. Background the product from the United States or may consider further extensions of For background on the proceedings in third countries. exclusions. The U.S. Trade this investigation, please see prior In addition, commenters who were Representative will take account of the notices including: 82 FR 40213 (August importers and/or purchasers of the cumulative effect of exclusions in 24, 2017), 83 FR 14906 (April 6, 2018), products covered by an exclusion were considering the possible further 83 FR 28710 (June 20, 2018), 83 FR asked to provide information regarding extension of the exclusions covered by 33608 (July 17, 2018), 83 FR 38760 their efforts since August 2018 to source this notice, as well as possible (August 7, 2018), 83 FR 40823 (August the product from the United States or extensions of exclusions of other 16, 2018), 83 FR 47236 (September 18, third countries; the value and quantity products covered by the action in this 2018), 83 FR 47974 (September 21, of the Chinese-origin product covered investigation. The U.S. Trade 2018), 83 FR 65198 (December 19, by the specific exclusion request Representative’s determination also 2018), 84 FR 7966 (March 5, 2019), 84 purchased in 2018 and 2019, and takes into account advice from advisory FR 20459 (May 9, 2019), 84 FR 29576 whether these purchases are from a committees and any public comments (June 24, 2019), 84 FR 37381 (July 31, related company; whether Chinese concerning extension of the pertinent 2019), 84 FR 49600 (September 20, suppliers have lowered their prices for exclusion. 2019), 84 FR 52553 (October 2, 2019), 84 products covered by the exclusion In accordance with the September 18 FR 69011 (December 17, 2019), 85 FR following the imposition of duties; the notice, the exclusions are available for 10808 (February 25, 2020), 85 FR 24076 value and quantity of the product any product that meets the description (April 30, 2020), 85 FR 28691 (May 13, covered by the exclusion purchased in the Annexes, regardless of whether 2020), 85 FR 38237 (June 25, 2020), 85 from domestic and third country the importer filed an exclusion request. FR 38243 (June 25, 2020), 85 FR 43291 sources in 2018 and 2019; the Further, the scope of each exclusion is (July 16, 2020), and 85 FR 45949 (July commenter’s gross revenue for 2018 and governed by the scope of the ten-digit 30, 2020). 2019; whether the Chinese-origin HTSUS headings and product Effective August 23, 2018, the U.S. product of concern is sold as a final descriptions in the Annexes to this Trade Representative imposed product or as an input; whether the notice, and not by the product additional 25 percent duties on goods of imposition of duties on the products descriptions set out in any particular China classified in 279 eight-digit covered by the exclusion will result in request for exclusion. subheadings of the Harmonized Tariff severe economic harm to the commenter Schedule of the United States (HTSUS), or other U.S. interests; and any Joseph Barloon, with an approximate annual trade value additional information in support or in General Counsel, Office of the United States of $16 billion. See 83 FR 40823 (the $16 opposition of the extending the Trade Representative. billion action). The U.S. Trade exclusion. BILLING CODE 3290–F0–P

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ANNEXA

A. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 20, 2020 and before 11 :59 p.m. eastern daylight time on December 31, 2020, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified:

1. by inserting the following new heading 9903.88.59 in numerical sequence, with the material in the new heading inserted in the columns of the HT SUS labeled "Heading/Subheading", "Article Description", and "Rates of Duty I-General", respectively:

Rates of Duty Heading/ Article Description 1 2 Subheading General Special "9903.88.59 Effective with respect to entries on or after September 20, 2020, and through December 31, 2020, articles the product of China, as provided for in U.S. note 20(111) to this The duty subchapter, each covered by an exclusion provided in granted by the U.S. Trade Representative ..... the ...... applicable subheading"

2. by inserting the following new U.S. note 20(111) to subchapter III of chapter 99 in numerical sequence:

"(111) The U.S. Trade Representative determined to establish a process by which particular products classified in heading 9903.88.02 and provided for in U.S. notes 20(c) and 20(d) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.02. See 83 Fed. Reg. 40823 (August 16, 2018) and 83 Fed. Reg. 47326 (September 18, 2018). Pursuant to the product exclusion process, the U.S. Trade Representative has determined that, as provided in heading 9903.88.59, the additional duties provided for in heading 9903.88.02 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

(1) Acrylic acid-2-acrylamido-2-methylpropanesulfonic acid-acrylic ester (AA/AMPS/HP A) terpolymers, presented in dry form ( described in statistical reporting number 3906.90.5000) (2) Molded acrylonitrile-butadiene-styrene (ABS) tubes, of a kind used to effect the sterile transfer of fluid from a bag or vial to another container, each tube measuring 7.5 cm or more but not exceeding 23 cm in length, with an inner diameter ofless than 0.65 cm and an outer diameter of less than 9 cm, one end having been angle-cut to form a spike, and having an integrated flange, less than 3 cm in diameter (splash guard) near the spike end

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and removable polyethylene caps on each end, put up in sterile packing ( described in statistical reporting number 3917.29.0090) (3) Electrical tape of polyvinyl chloride, in rolls, measuring not more than 2 cm in width, not more than 20 .2 m in length, and not more than O.18 mm in thickness ( described in statistical reporting number 3919.10.2020) ( 4) Transparent tape of plastics with an acrylic emulsion adhesive, in rolls measuring not over 4.8 cm in width, valued not over $.25 per square meter (described in statistical reporting number 3919.10.2030) ( 5) Rolls of polyethylene film coated with a solvent acrylic adhesive ( described in statistical reporting number 3919.10.2055) (6) Rolls of polyvinyl chloride, measuring 2.5 cm or more but not exceeding 5.1 cm in width and 182.9 min length (described in statistical reporting number 3920.43.5000) (7) Films coated on one or both sides with polyvinylidene chloride (PVdC) or polyvinyl alcohol (PVOH), whether or not having a primer layer between the base and coating; any of the foregoing having a total thickness greater than 0.01 mm but not greater than 0.03 mm (described in statistical reporting number 3920.62.0090) (8) Printed film of polyvinyl chloride, laminated with foamed-polyvinyl chloride-coated polyester scrim, in rolls, of a kind used for lining shelves or drawers ( described in statistical reporting number 3921.12.1100) (9) Sheets and strips consisting of both cross-linked polyethylene and ethylene vinyl acetate, of a width greater than 1 m but not greater than 1.5 m, and a length greater than 1. 75 m but not greater than 2.6 m (described in statistical reporting number 3921.19.0000) (10) Polyethylene sheet and film laminated with spunbond-spunbond-spunbond nonwoven polypropylene fabric, measuring 1.12 m or more but not over 1.52 min width and 1.93 m or more but not over 2.29 m in length, and weighing 55 g/m2 or more but not exceeding 88 g/m2 (described in statistical reporting number 3921.90.1500) (11) Girders of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 ( described in statistical reporting number 7308.90.3000) (12) Pipes of iron or steel, with connectors, meeting ASTM standard A572, Grade 50 (described in statistical reporting number 7308.90.3000) (13) Posts of steel pipe and tube, with ball knobs attached ( described in statistical reporting number 7308.90.3000) (14) Posts of steel pipe and tube, with sill plates and ball studs attached ( described in statistical reporting number 7308.90.3000) (15) Rib nodes of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 (described in statistical reporting number 7308.90.3000) (16) Monopolar conductors for a voltage exceeding 1,000 V, other than of copper and not fitted with connectors (described in statistical reporting number 8544.60.6000) (17) Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090, effective July 1, 2019; described in statistical reporting number 8711.60.0000, effective prior to July 1, 2019)"

3. by amending the last sentence of the first paragraph of U.S. note 20(c) to subchapter III of chapter 99 by:

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a. by deleting "or (4)" and by inserting "(4)" in lieu thereof; and

b. by inserting"; or (5) heading 9903.88.59 and U.S. note 20(111) to subchapter III of chapter 99" after the phrase "U.S. note 20(ggg) to subchapter III of chapter 99", where it appears at the end of the sentence.

4. by amending U.S. note 20(d) to subchapter III of chapter 99 by:

a. by deleting "or (4)" and by inserting "(4)" in lieu thereof; and

b. by inserting"; or (5) heading 9903.88.59 and U.S. note 20(111) to subchapter III of chapter 99" after the phrase "U.S. note 20(ggg) to subchapter III of chapter 99", where it appears at the end of the sentence.

5. by amending the Article Description of heading 9903.88.02:

a. by deleting "9903.88.20 or'';

b. by inserting in lieu thereof "9903.88.20,"; and

c. by inserting "or 9903.88.59," after "9903.88.54,".

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ANNEXB The following table is provided for informational purposes only. The table contains a list of the original product exclusions that are being extended by this notice. In addition, the table contains the corresponding subdivisions in new note 20(111) to subchapter III of Chapter 99 and new heading 9903.88.59 for the product exclusions that are being extended by this notice. The original product exclusions expire on September 20, 2020. The exclusions that are being extended are effective from September 20, 2020 through December 31, 2020.

[FR Doc. 2020–20829 Filed 9–21–20; 8:45 am] intention to request the Office of FOR FURTHER INFORMATION CONTACT: BILLING CODE 3290–F0–P Management and Budget (OMB) Michelle Somerday by email at: approval to renew an information michelle.somerday@ collection. The collection is an covellsolutions.com; phone: DEPARTMENT OF TRANSPORTATION application form, and collection 703.672.3853. frequency is on occasion, depending on SUPPLEMENTARY INFORMATION: Federal Aviation Administration how often requests for National Public Comments Invited: You are Airspace System (NAS) data are [FAA–2020–0441] asked to comment on any aspect of this submitted to the FAA. The information information collection, including (a) to be collected will be used to evaluate Agency Information Collection Whether the proposed collection of the validity of a user’s request for NAS Activities: Requests for Comments; information is necessary for the FAA’s data from FAA systems and equipment. Clearance of Renewed Approval of performance; (b) the accuracy of the Information Collection: NAS Data DATES: Written comments should be estimated burden; (c) ways for the FAA Release Request submitted by November 23, 2020. to enhance the quality, utility and clarity of the information collection; and AGENCY: Federal Aviation ADDRESSES: Please send written (d) ways that the burden could be Administration (FAA), Transportation comments: (DOT). minimized without reducing the quality By Electronic Docket: of the collected information. The agency ACTION: Notice and request for www.regulations.gov (Enter docket will summarize and/or include your comments. number into search field). comments in the request for OMB’s SUMMARY: In accordance with the Because of the coronavirus pandemic, clearance of this information collection. Paperwork Reduction Act of 1995, the written comments are not being OMB Control Number: 2120–0668. FAA invites public comments about our received by mail or fax. Title: NAS Data Release Request.

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Form Numbers: FAA Form 1200–5. Estimated Average Burden per persons are generally prohibited from Type of Review: Renewal of an Response: 1 hour. engaging in transactions with them. Estimated Total Annual Burden: 15 information collection. DATES: See SUPPLEMENTARY INFORMATION hours total. Background: This information section. collection is required to obtain or retain Issued in Washington, DC, on July 15, a benefit, which is to obtain NAS data 2020. FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global from the FAA. The information Virginia Boyle, Targeting, tel.: 202–622–2420; Assistant submitted includes: Whether the Deputy Vice President, System Operations requestor currently receives NAS data, Services. Director for Sanctions Compliance & the authority to access NAS data, the Evaluation, tel.: 202–622–2490; [FR Doc. 2020–20880 Filed 9–21–20; 8:45 am] Assistant Director for Licensing, tel.: type of data requested, the proposed BILLING CODE 4910–13–P method for acquiring data, the purpose 202–622–2480; Assistant Director for of the request, the process for filtering Regulatory Affairs, tel.: 202–622–4855; or the Department of the Treasury’s sensitive data, and who at the DEPARTMENT OF THE TREASURY requestor’s organization will be used for Office of the General Counsel: Office of the data request, including the scope Office of Foreign Assets Control the Chief Counsel (Foreign Assets and nature of work the individual will Control), tel.: 202–622–2410. perform. Notice of OFAC Sanctions Actions SUPPLEMENTARY INFORMATION: This information must be collected to AGENCY: Office of Foreign Assets Electronic Availability enable the FAA to evaluate the validity Control, Treasury. of a user’s request for NAS data from The Specially Designated Nationals ACTION: Notice. FAA systems and equipment. The and Blocked Persons List and additional information provided by the requestor is SUMMARY: The Department of the information concerning OFAC sanctions used by the FAA NAS Data Release Treasury’s Office of Foreign Assets programs are available on OFAC’s Board (NDRB) to approve or disapprove Control (OFAC) is publishing the names website (www.treasury.gov/ofac). individual requests for NAS data, of one or more persons that have been Notice of OFAC Action(s) consistent with FAA Order 1200.22E placed on OFAC’s Specially Designated External Requests for National Airspace Nationals and Blocked Persons List On September 17, 2020, OFAC System (NAS) Data. based on OFAC’s determination that one determined that the property and Respondents: Approximately 15 or more applicable legal criteria were interests in property subject to U.S. requests submitted annually to the FAA satisfied. All property and interests in jurisdiction are blocked under the by requestors of NAS data. property subject to U.S. jurisdiction of relevant sanctions authorities listed Frequency: On occasion. these persons are blocked, and U.S. below.

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Individual:

1. AS'AD, Sultan Khalifah (Arabic:~, ¼1i.. 0~) (a.k.a. ASAAD, Hajj Sultan; a.k.a. ASAAD, Sultan; a.k.a. ASSAD, Sultan Khalife), Jezzine, Lebanon; DOB 31 Oct 1962; nationality Lebanon; Gender Male (individual) [SDGT] (Linked To: HIZBALLAH).

Designated pursuant to section l(a)(iii)(E) of Executive Order 13224 of September 23, 2001, "Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism," 3 CFR, 2001 Comp., p. 786, as amended by Executive Order 13886 of September 9, 2019, "Modernizing Sanctions To Combat Terrorism", 84 FR 48041 (E.O. 13224, as amended), for being a leader or official ofHIZBALLAH, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

Entities:

1. ARCH CONSULTING (Arabic: f'.f'.J;, ~~I wl...JJl_;.lll_., wl).~.uit'J J;,)) (a.k.a. ARCH CONSUL TING AND ENGINEERING; a.k.a. ARCH CONSUL TING COMPANY; a.k.a. "ARCH COMPANY"; a.k.a. "ARCH CONSTRUCTION"), Al Ruda Building, 2nd Floor, Al Miqdad Street, Haret Hreik, Lebanon; Old Airport Way, Amir Bldg, 4th Floor, Beirut, Lebanon; Website https://www.archconsulting.com.lb/; Commercial Registry Number 2008487 (Lebanon) [SDGT] (Linked To: HIZBALLAH).

Designated pursuant to section l(a)(iii)(A) ofE.O. 13224, as amended, for being owned, controlled, or directed by HIZBALLAH, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

2. MEAMAR SARL (Arabic: f'.f'.J;, ~wy1_., ~~ _;~ ~~) (a.k.a. MEAMAR COMPANY FOR ENGINEERING AND DEVELOPMENT; a.k.a. MEAMMAR CONSTRUCTION; a.k.a. Ml'MAR ENGINEERING COMPANY), Al Ruda Building, 2nd Floor, Al Miqdad Street, Haret Hreik, Lebanon; Commercial Registry Number 29160 (Lebanon) [SDGT] (Linked To: HIZBALLAH). Designated pursuant to section l(a)(iii)(A) ofE.O. 13224, as amended, for being owned, controlled, or directed by HIZBALLAH, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

Dated: September 17, 2020. ACTION: Notice. DATES: See Supplementary Information Andrea Gacki, section for applicable date(s). Director, Office of Foreign Assets Control, SUMMARY: The Department of the FOR FURTHER INFORMATION CONTACT: U.S. Department of the Treasury. Treasury’s Office of Foreign Assets OFAC: Associate Director for Global [FR Doc. 2020–20871 Filed 9–21–20; 8:45 am] Control (OFAC) is publishing the names Targeting, tel.: 202–622–2420; Assistant BILLING CODE 4810–AL–P of one or more persons that have been Director for Sanctions Compliance & placed on OFAC’s Specially Designated Evaluation, tel.: 202–622–2490; Nationals and Blocked Persons List Assistant Director for Licensing, tel.: DEPARTMENT OF THE TREASURY based on OFAC’s determination that one 202–622–2480. Office of Foreign Assets Control or more applicable legal criteria were SUPPLEMENTARY INFORMATION: satisfied. All property and interests in Electronic Availability Notice of OFAC Sanctions Actions property subject to U.S. jurisdiction of these persons are blocked, and U.S. The Specially Designated Nationals AGENCY: Office of Foreign Assets persons are generally prohibited from and Blocked Persons List and additional Control, Treasury. engaging in transactions with them. information concerning OFAC sanctions

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programs are available on OFAC’s sponsored, or provided financial, material, or Additional Sanctions Information—Subject website (https://www.treasury.gov/ofac). technological support for, or goods or to Secondary Sanctions; Gender Male; services to or in support of, the IRANIAN Passport L40581001 (Iran) (individual) Notice of OFAC Actions MINISTRY OF INTELLIGENCE AND [IRAN–HR] (Linked To: IRANIAN MINISTRY On September 17, 2020, OFAC SECURITY, a person whose property and OF INTELLIGENCE AND SECURITY). interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of determined that the property and E.O. 13553. E.O. 13553 for having materially assisted, interests in property subject to U.S. 5. AZIZABADI, Reza Mohammadi, Iran; sponsored, or provided financial, material, or jurisdiction of the following persons are DOB 11 Jul 1992; POB Karaj, Iran; nationality technological support for, or goods or blocked under the relevant sanctions Iran; Additional Sanctions Information— services to or in support of, the IRANIAN authorities listed below. Subject to Secondary Sanctions; Gender Male MINISTRY OF INTELLIGENCE AND (individual) [IRAN–HR] (Linked To: SECURITY, a person whose property and Individuals IRANIAN MINISTRY OF INTELLIGENCE interest in property is blocked pursuant to 1. ABEDSHAHI, Omid (a.k.a. SHAHI, AND SECURITY). E.O. 13553. Omid Abded Abed), Iran; DOB 21 Jan 1983; Designated pursuant to section 1(a)(ii)(B) of 10. GASHASBI, Mansoor, Iran; DOB 13 Jun POB Mashhad, Iran; nationality Iran; E.O. 13553 for having materially assisted, 1991; POB Tehran, Iran; nationality Iran; Additional Sanctions Information—Subject sponsored, or provided financial, material, or Additional Sanctions Information—Subject to Secondary Sanctions; Gender Male; technological support for, or goods or to Secondary Sanctions; Gender Male; Passport B30739724 (Iran) (individual) services to or in support of, the IRANIAN Passport J11580003 (Iran) (individual) [IRAN–HR] (Linked To: IRANIAN MINISTRY MINISTRY OF INTELLIGENCE AND [IRAN–HR] (Linked To: IRANIAN MINISTRY OF INTELLIGENCE AND SECURITY). SECURITY, a person whose property and OF INTELLIGENCE AND SECURITY). Designated pursuant to section 1(a)(ii)(B) of interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of Executive Order 13553 of September 28, E.O. 13553. E.O. 13553 for having materially assisted, 2010, ‘‘Blocking Property of Certain Persons 6. BABAIE, Nematollah Hosein (a.k.a. sponsored, or provided financial, material, or With Respect to Serious Human Rights BABAEI, Nemat Hossein), Iran; DOB 10 Apr technological support for, or goods or Abuses by the Government of Iran and 1990; POB Rasht, Iran; nationality Iran; services to or in support of, the IRANIAN Taking Certain Other Actions,’’ 75 FR 60567, Additional Sanctions Information—Subject MINISTRY OF INTELLIGENCE AND 3 CFR, 2010 Comp., p. 253 (E.O. 13553), for to Secondary Sanctions; Gender Male SECURITY, a person whose property and having materially assisted, sponsored, or (individual) [IRAN–HR] (Linked To: interest in property is blocked pursuant to provided financial, material, or technological IRANIAN MINISTRY OF INTELLIGENCE E.O. 13553. support for, or goods or services to or in AND SECURITY). 11. GHAFFARIANANBERAN, support of, the IRANIAN MINISTRY OF Designated pursuant to section 1(a)(ii)(B) of Seyedmohammad (a.k.a. GHAFARIAN, INTELLIGENCE AND SECURITY, a person E.O. 13553 for having materially assisted, Seyed Mohammed), Iran; DOB 29 Jul 1987; whose property and interest in property is sponsored, or provided financial, material, or POB Manchester, England; nationality Iran; blocked pursuant to E.O. 13553. technological support for, or goods or Additional Sanctions Information—Subject 2. ABOUTORABI, Seyed Hamid, Iran; DOB services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; 17 Aug 1991; POB Azna, Iran; nationality MINISTRY OF INTELLIGENCE AND Passport B16035341 (Iran) (individual) Iran; Additional Sanctions Information— SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY Subject to Secondary Sanctions; Gender Male interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). (individual) [IRAN–HR] (Linked To: E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of IRANIAN MINISTRY OF INTELLIGENCE 7. DAVOODI, Abolfazl Hossein Pour, Iran; E.O. 13553 for having materially assisted, AND SECURITY). DOB 15 Jul 1992; POB Amol, Iran; nationality sponsored, or provided financial, material, or Designated pursuant to section 1(a)(ii)(B) of Iran; Additional Sanctions Information— technological support for, or goods or E.O. 13553 for having materially assisted, Subject to Secondary Sanctions; Gender Male services to or in support of, the IRANIAN sponsored, or provided financial, material, or (individual) [IRAN–HR] (Linked To: MINISTRY OF INTELLIGENCE AND technological support for, or goods or IRANIAN MINISTRY OF INTELLIGENCE SECURITY, a person whose property and services to or in support of, the IRANIAN AND SECURITY). interest in property is blocked pursuant to MINISTRY OF INTELLIGENCE AND Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. SECURITY, a person whose property and E.O. 13553 for having materially assisted, 12. GHOLIZADEH, Hojjat, Iran; DOB 30 Jan interest in property is blocked pursuant to sponsored, or provided financial, material, or 1980; POB Khoy, Iran; nationality Iran; E.O. 13553. technological support for, or goods or Additional Sanctions Information—Subject 3. AKBARIANA, Omid, Iran; DOB 05 Jul services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; 1994; POB Kashan, Iran; nationality Iran; MINISTRY OF INTELLIGENCE AND Passport M38523792 (Iran) (individual) Additional Sanctions Information—Subject SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY to Secondary Sanctions; Gender Male interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). (individual) [IRAN–HR] (Linked To: E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of IRANIAN MINISTRY OF INTELLIGENCE 8. EMADODDIN, Alireza (a.k.a. E.O. 13553 for having materially assisted, AND SECURITY). EMADEDDIN, Alireza), Iran; DOB 22 Jan sponsored, or provided financial, material, or Designated pursuant to section 1(a)(ii)(B) of 1989; POB Semnan, Iran; nationality Iran; technological support for, or goods or E.O. 13553 for having materially assisted, Additional Sanctions Information—Subject services to or in support of, the IRANIAN sponsored, or provided financial, material, or to Secondary Sanctions; Gender Male; MINISTRY OF INTELLIGENCE AND technological support for, or goods or Passport P21289307 (Iran) (individual) SECURITY, a person whose property and services to or in support of, the IRANIAN [IRAN–HR] (Linked To: IRANIAN MINISTRY interest in property is blocked pursuant to MINISTRY OF INTELLIGENCE AND OF INTELLIGENCE AND SECURITY). E.O. 13553. SECURITY, a person whose property and Designated pursuant to section 1(a)(ii)(B) of 13. HAMIDI, Esmail, Iran; DOB 29 Jul interest in property is blocked pursuant to E.O. 13553 for having materially assisted, 1968; POB Tonekabon, Iran; nationality Iran; E.O. 13553. sponsored, or provided financial, material, or Additional Sanctions Information—Subject 4. AZADKHANI, Amirhossein, Iran; DOB technological support for, or goods or to Secondary Sanctions; Gender Male 23 Jan 1996; POB Shemiran, Iran; nationality services to or in support of, the IRANIAN (individual) [IRAN–HR] (Linked To: Iran; Additional Sanctions Information— MINISTRY OF INTELLIGENCE AND IRANIAN MINISTRY OF INTELLIGENCE Subject to Secondary Sanctions; Gender SECURITY, a person whose property and AND SECURITY). Male; Passport Y33935483 (Iran) (individual) interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of [IRAN–HR] (Linked To: IRANIAN MINISTRY E.O. 13553. E.O. 13553 for having materially assisted, OF INTELLIGENCE AND SECURITY). 9. FARASHAH, Payman Dehghanpour sponsored, or provided financial, material, or Designated pursuant to section 1(a)(ii)(B) of (a.k.a. POUR, Peyman Dehghan), Iran; DOB technological support for, or goods or E.O. 13553 for having materially assisted, 22 Jan 1989; POB Yazd, Iran; nationality Iran; services to or in support of, the IRANIAN

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MINISTRY OF INTELLIGENCE AND (Iran) (individual) [IRAN–HR] (Linked To: SECURITY, a person whose property and SECURITY, a person whose property and IRANIAN MINISTRY OF INTELLIGENCE interest in property is blocked pursuant to interest in property is blocked pursuant to AND SECURITY). E.O. 13553. E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of 23. KHANMIRI, Amin Hosseinzadeh (a.k.a. 14. HEJABI, Mahdi, Iran; DOB 26 Aug E.O. 13553 for having materially assisted, HOSEINZADEH, Amin), Iran; DOB 19 Feb 1990; POB Tehran, Iran; nationality Iran; sponsored, or provided financial, material, or 1989; POB Azarshahr, Iran; nationality Iran; Additional Sanctions Information—Subject technological support for, or goods or Additional Sanctions Information—Subject to Secondary Sanctions; Gender Male; services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; Passport R46314475 (Iran) (individual) MINISTRY OF INTELLIGENCE AND Passport X20406521 (Iran) (individual) [IRAN–HR] (Linked To: IRANIAN MINISTRY SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY OF INTELLIGENCE AND SECURITY). interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of E.O. 13553 for having materially assisted, 19. KALAMI, Seyed Mohammad, Iran; E.O. 13553 for having materially assisted, sponsored, or provided financial, material, or DOB 14 Jun 1989; POB Kahnuj, Iran; sponsored, or provided financial, material, or technological support for, or goods or nationality Iran; Additional Sanctions technological support for, or goods or services to or in support of, the IRANIAN Information—Subject to Secondary services to or in support of, the IRANIAN MINISTRY OF INTELLIGENCE AND Sanctions; Gender Male; Passport K27232571 MINISTRY OF INTELLIGENCE AND SECURITY, a person whose property and (Iran) (individual) [IRAN–HR] (Linked To: SECURITY, a person whose property and interest in property is blocked pursuant to IRANIAN MINISTRY OF INTELLIGENCE interest in property is blocked pursuant to E.O. 13553. AND SECURITY). E.O. 13553. 15. IRANAGH, Gholamreza Radmard (a.k.a. Designated pursuant to section 1(a)(ii)(B) of 24. LOTFI, Benham, Iran; DOB 20 Jan 1993; RADMARD, Gholamreza), Iran; DOB 25 Jan E.O. 13553 for having materially assisted, POB Marand, Iran; nationality Iran; 1984; POB Tabriz, Iran; nationality Iran; sponsored, or provided financial, material, or Additional Sanctions Information—Subject Additional Sanctions Information—Subject technological support for, or goods or to Secondary Sanctions; Gender Male to Secondary Sanctions; Gender Male; services to or in support of, the IRANIAN (individual) [IRAN–HR] (Linked To: Passport F35337357 (Iran) (individual) MINISTRY OF INTELLIGENCE AND IRANIAN MINISTRY OF INTELLIGENCE [IRAN–HR] (Linked To: IRANIAN MINISTRY SECURITY, a person whose property and AND SECURITY). OF INTELLIGENCE AND SECURITY). interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. E.O. 13553 for having materially assisted, E.O. 13553 for having materially assisted, 20. KAMALI, Ali, Iran; DOB 09 Jan 1993; sponsored, or provided financial, material, or technological support for, or goods or sponsored, or provided financial, material, or POB Mashhad, Iran; nationality Iran; services to or in support of, the IRANIAN technological support for, or goods or Additional Sanctions Information—Subject MINISTRY OF INTELLIGENCE AND services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; SECURITY, a person whose property and MINISTRY OF INTELLIGENCE AND Passport F38965053 (Iran) (individual) interest in property is blocked pursuant to SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY E.O. 13553. interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). 25. MADHI, Shahriyar, Iran; DOB 21 Mar E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of 1993; POB Tabriz, Iran; nationality Iran; 16. JABARI, Abolfazl, Iran; DOB 27 Mar E.O. 13553 for having materially assisted, Additional Sanctions Information—Subject 1992; POB Tehran, Iran; nationality Iran; sponsored, or provided financial, material, or to Secondary Sanctions; Gender Male Additional Sanctions Information—Subject technological support for, or goods or (individual) [IRAN–HR] (Linked To: to Secondary Sanctions; Gender Male services to or in support of, the IRANIAN IRANIAN MINISTRY OF INTELLIGENCE (individual) [IRAN–HR] (Linked To: MINISTRY OF INTELLIGENCE AND AND SECURITY). IRANIAN MINISTRY OF INTELLIGENCE SECURITY, a person whose property and Designated pursuant to section 1(a)(ii)(B) of AND SECURITY). interest in property is blocked pursuant to E.O. 13553 for having materially assisted, Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. sponsored, or provided financial, material, or E.O. 13553 for having materially assisted, 21. KANDI, Omid Moosazadeh Hamzeh technological support for, or goods or sponsored, or provided financial, material, or (a.k.a. KANDI, Omid Mousazadeh), Iran; DOB services to or in support of, the IRANIAN technological support for, or goods or 18 Dec 1988; POB Salmas, Iran; nationality MINISTRY OF INTELLIGENCE AND services to or in support of, the IRANIAN Iran; Additional Sanctions Information— SECURITY, a person whose property and MINISTRY OF INTELLIGENCE AND Subject to Secondary Sanctions; Gender Male interest in property is blocked pursuant to SECURITY, a person whose property and (individual) [IRAN–HR] (Linked To: E.O. 13553. interest in property is blocked pursuant to IRANIAN MINISTRY OF INTELLIGENCE 26. MAGHSOUDI, Hassan Fazli (a.k.a. E.O. 13553. AND SECURITY). MAGHSOUDI, Hasan Fazli), Iran; DOB 21 17. JAFARIBANDARABADI, Designated pursuant to section 1(a)(ii)(B) of Sep 1984; POB Nur, Iran; nationality Iran; Mohammadreza (a.k.a. BANDARABADI, E.O. 13553 for having materially assisted, Additional Sanctions Information—Subject Mohammad Reza Jafari), Iran; DOB 29 Nov sponsored, or provided financial, material, or to Secondary Sanctions; Gender Male; 1989; POB Yazd, Iran; nationality Iran; technological support for, or goods or Passport Y35787473 (Iran) (individual) Additional Sanctions Information—Subject services to or in support of, the IRANIAN [IRAN–HR] (Linked To: IRANIAN MINISTRY to Secondary Sanctions; Gender Male; MINISTRY OF INTELLIGENCE AND OF INTELLIGENCE AND SECURITY). Passport M20385084 (Iran) (individual) SECURITY, a person whose property and Designated pursuant to section 1(a)(ii)(B) of [IRAN–HR] (Linked To: IRANIAN MINISTRY interest in property is blocked pursuant to E.O. 13553 for having materially assisted, OF INTELLIGENCE AND SECURITY). E.O. 13553. sponsored, or provided financial, material, or Designated pursuant to section 1(a)(ii)(B) of 22. KHALILZADEH, Mohammad (a.k.a. technological support for, or goods or E.O. 13553 for having materially assisted, ZADEH, Mohammed Khalil), Iran; DOB 02 services to or in support of, the IRANIAN sponsored, or provided financial, material, or Jan 1983; POB Mashhad, Iran; nationality MINISTRY OF INTELLIGENCE AND technological support for, or goods or Iran; Additional Sanctions Information— SECURITY, a person whose property and services to or in support of, the IRANIAN Subject to Secondary Sanctions; Gender interest in property is blocked pursuant to MINISTRY OF INTELLIGENCE AND Male; Passport L42320339 (Iran) (individual) E.O. 13553. SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY 27. MAHMOUDI, Mohammad (a.k.a. interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). MAHMOUDI, Mohammed), Iran; DOB 14 Apr E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of 1987; POB Khoy, Iran; nationality Iran; 18. JALALI, Maysam (a.k.a. JALALI, E.O. 13553 for having materially assisted, Additional Sanctions Information—Subject Meysam), Iran; DOB 22 Mar 1987; POB sponsored, or provided financial, material, or to Secondary Sanctions; Gender Male Qorveh, Iran; nationality Iran; Additional technological support for, or goods or (individual) [IRAN–HR] (Linked To: Sanctions Information—Subject to Secondary services to or in support of, the IRANIAN IRANIAN MINISTRY OF INTELLIGENCE Sanctions; Gender Male; Passport K45469660 MINISTRY OF INTELLIGENCE AND AND SECURITY).

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Designated pursuant to section 1(a)(ii)(B) of to Secondary Sanctions; Gender Male; services to or in support of, the IRANIAN E.O. 13553 for having materially assisted, Passport F22578558 (Iran) (individual) MINISTRY OF INTELLIGENCE AND sponsored, or provided financial, material, or [IRAN–HR] (Linked To: IRANIAN MINISTRY SECURITY, a person whose property and technological support for, or goods or OF INTELLIGENCE AND SECURITY). interest in property is blocked pursuant to services to or in support of, the IRANIAN Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. MINISTRY OF INTELLIGENCE AND E.O. 13553 for having materially assisted, 37. NAZARIKOLEHJOUB, Hossein (a.k.a. SECURITY, a person whose property and sponsored, or provided financial, material, or NAZARI, Hossein), Iran; DOB 21 Mar 1990; interest in property is blocked pursuant to technological support for, or goods or POB Aleshtar, Iran; nationality Iran; E.O. 13553. services to or in support of, the IRANIAN Additional Sanctions Information—Subject 28. MEHRI, Mahmoud (a.k.a. MAHMOOD, MINISTRY OF INTELLIGENCE AND to Secondary Sanctions; Gender Male; Mehri), Iran; DOB 19 Sep 1985; POB Ahar, SECURITY, a person whose property and Passport W48073580 (Iran) (individual) Iran; nationality Iran; Additional Sanctions interest in property is blocked pursuant to [IRAN–HR] (Linked To: IRANIAN MINISTRY Information—Subject to Secondary E.O. 13553. OF INTELLIGENCE AND SECURITY). Sanctions; Gender Male; Passport F49959213 33. MOGHADAM, Mohsen Matloub (a.k.a. Designated pursuant to section 1(a)(ii)(B) of (Iran) (individual) [IRAN–HR] (Linked To: MATLOUB, Mohsen), Iran; DOB 02 Oct 1990; E.O. 13553 for having materially assisted, IRANIAN MINISTRY OF INTELLIGENCE POB Tehran, Iran; nationality Iran; sponsored, or provided financial, material, or AND SECURITY). Additional Sanctions Information—Subject technological support for, or goods or Designated pursuant to section 1(a)(ii)(B) of to Secondary Sanctions; Gender Male; services to or in support of, the IRANIAN E.O. 13553 for having materially assisted, Passport V25762563 (Iran) (individual) MINISTRY OF INTELLIGENCE AND sponsored, or provided financial, material, or [IRAN–HR] (Linked To: IRANIAN MINISTRY SECURITY, a person whose property and technological support for, or goods or OF INTELLIGENCE AND SECURITY). interest in property is blocked pursuant to services to or in support of, the IRANIAN Designated pursuant to section 1(a)(ii)(B) of E.O. 13553. MINISTRY OF INTELLIGENCE AND E.O. 13553 for having materially assisted, 38. NOORI, Mohsen, Iran; DOB 12 Oct SECURITY, a person whose property and sponsored, or provided financial, material, or 1990; POB Tehran, Iran; nationality Iran; interest in property is blocked pursuant to technological support for, or goods or Additional Sanctions Information—Subject E.O. 13553. services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; 29. MEHRI, Mohammad Hassan, Iran; DOB MINISTRY OF INTELLIGENCE AND Passport V29398072 (Iran) (individual) 04 Jul 1964; POB Ahar, Iran; nationality Iran; SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY Additional Sanctions Information—Subject interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). to Secondary Sanctions; Gender Male; E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of Passport F24371256 (Iran) (individual) 34. MOSTAFAEI, Saeed (a.k.a. E.O. 13553 for having materially assisted, [IRAN–HR] (Linked To: IRANIAN MINISTRY MOSTAFAIE, Saeed), Iran; DOB 16 Sep 1986; sponsored, or provided financial, material, or OF INTELLIGENCE AND SECURITY). POB Khoy, Iran; nationality Iran; Additional technological support for, or goods or Designated pursuant to section 1(a)(ii)(B) of Sanctions Information—Subject to Secondary services to or in support of, the IRANIAN E.O. 13553 for having materially assisted, Sanctions; Gender Male; Passport P39417799 MINISTRY OF INTELLIGENCE AND sponsored, or provided financial, material, or (Iran) (individual) [IRAN–HR] (Linked To: SECURITY, a person whose property and technological support for, or goods or IRANIAN MINISTRY OF INTELLIGENCE interest in property is blocked pursuant to services to or in support of, the IRANIAN AND SECURITY). E.O. 13553. MINISTRY OF INTELLIGENCE AND Designated pursuant to section 1(a)(ii)(B) of 39. OSTADAKBARI, Alireza, Iran; DOB 23 SECURITY, a person whose property and E.O. 13553 for having materially assisted, Apr 1988; POB Delijan, Iran; nationality Iran; interest in property is blocked pursuant to sponsored, or provided financial, material, or Additional Sanctions Information—Subject E.O. 13553. technological support for, or goods or to Secondary Sanctions; Gender Male; 30. MEHRI, Mahdi, Iran; DOB 08 Jun 1990; services to or in support of, the IRANIAN Passport Z30367974 (Iran) (individual) POB Ahar, Iran; nationality Iran; Additional MINISTRY OF INTELLIGENCE AND [IRAN–HR] (Linked To: IRANIAN MINISTRY Sanctions Information—Subject to Secondary SECURITY, a person whose property and OF INTELLIGENCE AND SECURITY). Sanctions; Gender Male (individual) [IRAN– interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of HR] (Linked To: IRANIAN MINISTRY OF E.O. 13553. E.O. 13553 for having materially assisted, INTELLIGENCE AND SECURITY). 35. MOSTAFANEJAD, Vali (a.k.a. NEJAD, sponsored, or provided financial, material, or Designated pursuant to section 1(a)(ii)(B) of Vali Mostafa), Iran; DOB 21 Sep 1981; POB technological support for, or goods or E.O. 13553 for having materially assisted, Khoy, Iran; nationality Iran; Additional services to or in support of, the IRANIAN sponsored, or provided financial, material, or Sanctions Information—Subject to Secondary MINISTRY OF INTELLIGENCE AND technological support for, or goods or Sanctions; Gender Male; Passport N17419612 SECURITY, a person whose property and services to or in support of, the IRANIAN (Iran) (individual) [IRAN–HR] (Linked To: interest in property is blocked pursuant to MINISTRY OF INTELLIGENCE AND IRANIAN MINISTRY OF INTELLIGENCE E.O. 13553. SECURITY, a person whose property and AND SECURITY). 40. RASOULI, Mohammadbagher (a.k.a. interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of RASOULI, Mohammad Bagher), Iran; DOB 15 E.O. 13553. E.O. 13553 for having materially assisted, Mar 1982; POB Tabriz, Iran; nationality Iran; 31. MIRZAEI, Mohammad Ali, Iran; DOB sponsored, or provided financial, material, or Additional Sanctions Information—Subject 18 Jul 1995; POB Tehran, Iran; nationality technological support for, or goods or to Secondary Sanctions; Gender Male; Iran; Additional Sanctions Information— services to or in support of, the IRANIAN Passport Z23183660 (Iran) (individual) Subject to Secondary Sanctions; Gender MINISTRY OF INTELLIGENCE AND [IRAN–HR] (Linked To: IRANIAN MINISTRY Male; Passport I42045850 (Iran) (individual) SECURITY, a person whose property and OF INTELLIGENCE AND SECURITY). [IRAN–HR] (Linked To: IRANIAN MINISTRY interest in property is blocked pursuant to Designated pursuant to section 1(a)(ii)(B) of OF INTELLIGENCE AND SECURITY). E.O. 13553. E.O. 13553 for having materially assisted, Designated pursuant to section 1(a)(ii)(B) of 36. NAFTCHI, Mohsen Raeesi (a.k.a. sponsored, or provided financial, material, or E.O. 13553 for having materially assisted, NAFCHI, Mohsen Raeesi), Iran; DOB 16 Feb technological support for, or goods or sponsored, or provided financial, material, or 1988; POB Tehran, Iran; nationality Iran; services to or in support of, the IRANIAN technological support for, or goods or Additional Sanctions Information—Subject MINISTRY OF INTELLIGENCE AND services to or in support of, the IRANIAN to Secondary Sanctions; Gender Male; SECURITY, a person whose property and MINISTRY OF INTELLIGENCE AND Passport P18702755 (Iran) (individual) interest in property is blocked pursuant to SECURITY, a person whose property and [IRAN–HR] (Linked To: IRANIAN MINISTRY E.O. 13553. interest in property is blocked pursuant to OF INTELLIGENCE AND SECURITY). 41. SAFARI, Amirhossein (a.k.a. SAFARI, E.O. 13553. Designated pursuant to section 1(a)(ii)(B) of Amir Hossein), Iran; DOB 08 Aug 1992; POB 32. MIRZAEI, Reza, Iran; DOB 15 May E.O. 13553 for having materially assisted, Tehran, Iran; nationality Iran; Additional 1992; POB Ahar, Iran; nationality Iran; sponsored, or provided financial, material, or Sanctions Information—Subject to Secondary Additional Sanctions Information—Subject technological support for, or goods or Sanctions; Gender Male; Passport A39679672

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(Iran) (individual) [IRAN–HR] (Linked To: Entities entitled to care (or the payment of IRANIAN MINISTRY OF INTELLIGENCE 1. ADVANCED PERSISTENT THREAT 39 expenses of care) under a health plan AND SECURITY). contract; for a nonservice-connected Designated pursuant to section 1(a)(ii)(B) of (a.k.a. APT39; a.k.a. CADELSPY; a.k.a. E.O. 13553 for having materially assisted, CHAFER; a.k.a. ITG07; a.k.a. REMEXI), Iran; disability incurred incident to the sponsored, or provided financial, material, or Additional Sanctions Information—Subject Veteran’s employment and covered technological support for, or goods or to Secondary Sanctions [IRAN–HR] (Linked under a worker’s compensation law or services to or in support of, the IRANIAN To: IRANIAN MINISTRY OF INTELLIGENCE plan that provides reimbursement or MINISTRY OF INTELLIGENCE AND AND SECURITY). indemnification for such care and SECURITY, a person whose property and Designated pursuant to section 1(a)(ii)(C) of services; or, for a nonservice-connected interest in property is blocked pursuant to E.O. 13553 for to being owned or controlled disability incurred as a result of a motor by the IRANIAN MINISTRY OF E.O. 13553. vehicle accident in a state that requires 42. SEDAGHATI, Mostafa (a.k.a. INTELLIGENCE AND SECURITY, a person SEDAGHAT, Mostafa), Iran; DOB 12 Jan whose property and interest in property is automobile accident reparations 1996; POB Tehran, Iran; nationality Iran; blocked pursuant to E.O. 13553. insurance. The methodologies for Additional Sanctions Information—Subject 2. RANA INTELLIGENCE COMPUTING establishing billed amounts for several to Secondary Sanctions; Gender Male; COMPANY (a.k.a. RANA INSTITUTE), Iran; types of charges are found in 38 CFR Passport N50040242 (Iran) (individual) Additional Sanctions Information—Subject 17.101; however, this notice will only [IRAN–HR] (Linked To: IRANIAN MINISTRY to Secondary Sanctions [IRAN–HR] (Linked address the acute inpatient and the OF INTELLIGENCE AND SECURITY). To: IRANIAN MINISTRY OF INTELLIGENCE SNF/sub-acute inpatient facility Designated pursuant to section 1(a)(ii)(B) of AND SECURITY). charges. E.O. 13553 for having materially assisted, Designated pursuant to section 1(a)(ii)(C) of sponsored, or provided financial, material, or E.O. 13553 for to being owned or controlled Based on the methodologies set forth technological support for, or goods or by the IRANIAN MINISTRY OF in 38 CFR 17.101(b), this notice updates services to or in support of, the IRANIAN INTELLIGENCE AND SECURITY, a person the acute inpatient facility charges that MINISTRY OF INTELLIGENCE AND whose property and interest in property is were based on the FY 2020 MS–DRGs. SECURITY, a person whose property and blocked pursuant to E.O. 13553. Acute inpatient facility charges by MS– interest in property is blocked pursuant to DRGs are posted on the Veterans Health E.O. 13553. Dated: September 17, 2020. 43. TAHERISHABAN, Javad, Iran; DOB 09 Andrea Gacki, Administration (VHA) Office of Dec 1990; POB Razan, Iran; nationality Iran; Director, Office of Foreign Assets Control, Community Care’s website, at the Additional Sanctions Information—Subject U.S. Department of Treasury. following link: www.va.gov/ to Secondary Sanctions; Gender Male _ _ [FR Doc. 2020–20888 Filed 9–21–20; 8:45 am] communitycare/revenue ops/payer (individual) [IRAN–HR] (Linked To: rates.asp, under the ‘‘Reasonable BILLING CODE 4810–AL–P IRANIAN MINISTRY OF INTELLIGENCE Charges Data Tables’’ section, Inpatient AND SECURITY). Data Table, as Table A (v3.26). This Designated pursuant to section 1(a)(ii)(B) of Table A corresponds to the Table A E.O. 13553 for having materially assisted, DEPARTMENT OF VETERANS referenced in a notice published in the sponsored, or provided financial, material, or AFFAIRS technological support for, or goods or Federal Register on September 30, 2019 services to or in support of, the IRANIAN Reasonable Charges for Inpatient (see 84 FR 51727). Table A (v4.21) MINISTRY OF INTELLIGENCE AND Medical Severity-Diagnosis Related referenced in this notice provides SECURITY, a person whose property and updated charges based on the FY 2021 interest in property is blocked pursuant to Groups (MS–DRG) and Skilled Nursing Facility (SNF) Medical Services; v4.21 MS–DRGs and will replace Table A E.O. 13553. (v3.26) posted on the VHA Office of 44. TAVANA, Ali Akbar Rezaei, Iran; DOB Fiscal Year (FY) 2021 Update 23 Oct 1975; POB Tehran, Iran; nationality Community Care’s website. AGENCY: Iran; Additional Sanctions Information— Department of Veterans Affairs Also, this document updates the SNF/ Subject to Secondary Sanctions; Gender (VA). sub-acute inpatient facility all-inclusive Male; Passport F19865800 (Iran) (individual) ACTION: Notice. per diem charge using the [IRAN–HR] (Linked To: IRANIAN MINISTRY methodologies set forth in 38 CFR SUMMARY: OF INTELLIGENCE AND SECURITY). This document updates the 17.101(c). This charge is adjusted by a Designated pursuant to section 1(a)(ii)(B) of acute inpatient and SNF/sub-acute geographic area factor that is based on E.O. 13553 for having materially assisted, inpatient facility charges. The updated sponsored, or provided financial, material, or the location where the care is provided. charges are based on MS–DRGs for fiscal For the geographic area factors, see technological support for, or goods or year (FY) 2021. services to or in support of, the IRANIAN Table N, title ‘‘Acute Inpatient,’’ and FOR FURTHER INFORMATION CONTACT: MINISTRY OF INTELLIGENCE AND Table O, title ‘‘SNF,’’ on the VHA Office SECURITY, a person whose property and Romona Greene, Office of Community of Community Care’s website under the interest in property is blocked pursuant to Care, Revenue Operations, Payer v3.27 link in the ‘‘Reasonable Charges E.O. 13553. Relations and Services, Rates and Data Tables’’ section. Tables N and O 45. ZADEH, Salar Mahmoud, Iran; DOB 24 Charges (10D1C1), Veterans Health are not being updated by this notice. Nov 1990; POB Khoy, Iran; nationality Iran; Administration, Department of Veterans Additional Sanctions Information—Subject The SNF/sub-acute inpatient facility per Affairs, 810 Vermont Avenue NW, diem charge is posted on the VHA to Secondary Sanctions; Gender Male Washington, DC 20420; email: (individual) [IRAN–HR] (Linked To: Office of Community Care’s website IRANIAN MINISTRY OF INTELLIGENCE [email protected]; telephone: under the ‘‘Reasonable Charges Data AND SECURITY). 202–382–2521 (This is not a toll-free Tables’’ section, Table B (v3.26). This Designated pursuant to section 1(a)(ii)(B) of number.) Table B corresponds to the Table B E.O. 13553 for having materially assisted, SUPPLEMENTARY INFORMATION: Section referenced in a notice published in the sponsored, or provided financial, material, or 17.101(a)(1) of title 38 CFR sets forth the Federal Register on September 30, 2019 technological support for, or goods or (see 84 FR 51727). Table B referenced in services to or in support of, the IRANIAN VA medical regulations concerning MINISTRY OF INTELLIGENCE AND ‘‘Reasonable Charges’’ for medical care this notice is v4.21, which provides an SECURITY, a person whose property and or services provided or furnished by VA update to the all-inclusive nationwide interest in property is blocked pursuant to to a veteran: For a nonservice-connected SNF/sub-acute inpatient facility per E.O. 13553. disability for which the Veteran is diem charge and will replace Table B

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(v3.26) posted on the VHA Office of The list of data sources presented in under the ‘‘Payer Rates and Charges’’ Community Care’s website. Supplementary Table 1 (v4.21) reflects information section. The charges in this notice for acute the updated data sources used to Signing Authority inpatient and SNF/sub-acute inpatient establish the updated charges described facility services are effective October 1, in this notice and will be posted on the The Secretary of Veterans Affairs, or 2020. VHA Office of Community Care’s designee, approved this document and This notice is retaining the table website under the ‘‘Reasonable Charges authorized the undersigned to sign and designations used for acute inpatient Data Sources’’ section. submit the document to the Office of the facility charges by MS–DRGs, which are The list of VA medical facility Federal Register for publication posted on the VHA Office of locations is also updated. In electronically as an official document of Community Care’s website under Supplementary Table 3, posted on the the Department of Veterans Affairs. ‘‘Reasonable Charges Data Tables.’’ This VHA Office of Community Care’s Brooks D. Tucker, Acting Chief of Staff, notice is also retaining the table website under the VA Medical Facility Department of Veterans Affairs, designation used for SNF/sub-acute Locations section, VA set forth the list approved this document on September inpatient facility charges, which are also of VA medical facility locations, which 16, 2020 for publication. posted on the VHA Office of includes the first three digits of their zip Community Care’s website. codes and provider-based/non-provider- Luvenia Potts, Accordingly, the tables identified as based designations. Regulation Development Coordinator, Office being updated by this notice correspond Consistent with VA’s regulations, the of Regulation Policy & Management, Office to the applicable tables referenced in a updated data tables and supplementary of the Secretary, Department of Veterans notice published in the Federal Register tables containing the changes described Affairs. on September 30, 2019 (see 84 FR in this notice will be posted on the VHA [FR Doc. 2020–20894 Filed 9–21–20; 8:45 am] 51727). Office of Community Care’s website, BILLING CODE 8320–01–P

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Vol. 85 Tuesday, No. 184 September 22, 2020

Part II

Department of Agriculture

Agricultural Marketing Service 7 CFR Part 1223 Pecan Research, Promotion, and Information Order; Proposed Rule

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DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: provision of an order, or any obligation Andrea Ricci, Marketing Specialist, imposed in connection with an order, is Agricultural Marketing Service Promotion and Economics Division, not established in accordance with the Specialty Crops Program, AMS, USDA, law, and request a modification of an 7 CFR Part 1223 755 E Nees Avenue #25985, Fresno, CA order or an exemption from an order. 93720; telephone: (202) 572–1442; or Any petition filed challenging an order, [Document Number AMS–SC–20–0013; PR– electronic mail: [email protected]. any provision of an order, or any A1] SUPPLEMENTARY INFORMATION: This obligation imposed in connection with Pecan Research, Promotion, and proposal is issued pursuant to the an order, must be filed within two years Information Order Commodity Promotion, Research, and after the effective date of an order, Information Act of 1996 (1996 Act) (7 provision, or obligation subject to AGENCY: Agricultural Marketing Service. U.S.C. 7411–7425). challenge in the petition. The petitioner ACTION: Proposed rule. would have the opportunity for a Executive Orders 12866, 13563, and hearing on the petition. Thereafter, SUMMARY: This proposal invites 13771 USDA will issue a ruling on the comments on the establishment of the Executive Orders 12866 and 13563 petition. The 1996 Act provides that the Pecan Research, Promotion, and direct agencies to assess all costs and district court of the United States for Information Order (Order). The purpose benefits of available regulatory any district in which the petitioner of the program would be to strengthen alternatives and, if regulation is resides or conducts business shall have the position of pecans in the necessary, to select regulatory the jurisdiction to review a final ruling marketplace, maintain and expand approaches that maximize net benefits on the petition, if the petitioner files a markets for pecans, and develop new (including potential economic, complaint for that purpose not later uses for pecans. The program would be environmental, public health and safety than 20 days after the date of the entry financed by an assessment on pecan effects, distributive impacts and equity). of USDA’s final ruling. Executive Order 13563 emphasizes the producers and importers. This proposal Background also invites comments on the importance of quantifying both costs procedures for conducting a referendum and benefits, reducing costs, This proposal invites comments on to determine whether the continuation harmonizing rules, and promoting the establishment of the Pecan Research, of the proposed Order is favored by flexibility. This action falls within a Promotion, and Information Order domestic producers and importers of category of regulatory actions that the (Order). The program would be financed pecans. In addition, this proposal Office of Management and Budget by an assessment on producers and announces the Agricultural Marketing (OMB) exempted from Executive Order importers and would be administered Service’s (AMS) intent to request 12866 review. Additionally, because by a board of industry members selected approval by the Office of Management this rule does not meet the definition of by the Secretary. The initial assessment and Budget (OMB) of new information a significant regulatory action, it does rate would be $0.02 per pound of collection requirements to implement not trigger the requirements contained inshell pecans and $0.04 per pound of the program. in Executive Order 13771. See OMB’s shelled pecans produced within or imported to the United States. Entities DATES: Memorandum titled ‘‘Interim Guidance Comments must be received by that produce or import less than 50,000 November 23, 2020. Pursuant to the Implementing Section 2 of the Executive Order of January 30, 2017, titled pounds of inshell pecans (25,000 Paperwork Reduction Act (PRA), pounds of shelled pecans) on average comments on the information collection ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). for four fiscal periods (the fiscal period burden that would result from this for which the exemption is claimed and proposal must be received by November Executive Order 13175 the previous three fiscal periods) would 23, 2020. This action has been reviewed in be exempt from the payment of ADDRESSES: Interested persons are accordance with the requirements of assessments. invited to submit written comments Executive Order 13175, Consultation The purpose of the program would be concerning this proposed rule. All and Coordination with Indian Tribal to strengthen the position of pecans in comments must be submitted through Governments. The review reveals that the marketplace, maintain and expand the Federal e-rulemaking portal at this regulation would not have markets for pecans, and develop new http://www.regulations.gov and should substantial and direct effects on Tribal uses for pecans. The proposal was reference the document number, and the governments and would not have submitted to USDA by the National date and page number of this issue of significant Tribal implications. Pecan Federation (NPF), an organization the Federal Register. All comments representing pecan growers and shellers submitted in response to this proposed Executive Order 12988 across the United States whose mission rule will be included in the rulemaking This proposal has been reviewed is to promote, protect, and improve record and will be made available to the under Executive Order 12988, Civil business conditions for the pecan public. Please be advised that the Justice Reform. It is not intended to industry. identity of the individuals or entities have retroactive effect. Section 524 of This proposal also invites comments submitting comments will be made the 1996 Act (7 U.S.C. 7423) provides on the procedures for conducting a public at http://www.regulations.gov. that it shall not affect or preempt any referendum to determine whether the Pursuant to the PRA, comments other Federal or State law authorizing continuation of the proposed Order is regarding the accuracy of the burden promotion or research relating to an favored by domestic producers and estimate, ways to minimize the burden, agricultural commodity. importers of pecans. A referendum including the use of automated Section 519 of the 1996 Act (7 U.S.C. would be held among eligible domestic collection techniques or other forms of 7418) provides that a person subject to producers and importers no later than information technology, or any other an order may file a written petition with three years after assessments begin to aspect of this collection of information, the U.S. Department of Agriculture determine whether they favor should be sent to the above address. (USDA) stating that an order, any continuation of the program. In

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addition, this proposal announces the within three years after assessments first the position of pecans in the intent of AMS to request approval by begin under the order. Pursuant to marketplace, maintain and expand OMB of new information collection section 518 of the Act, an order may markets for pecans, and develop new requirements to implement the program. also provide for its approval in a uses for pecans. USDA has not referendum based upon different voting identified any relevant Federal rules Legal Basis for Action patterns. Section 515 provides for that duplicate, overlap, or conflict with The proposed Order is authorized establishment of a board from among this proposed rule. under the 1996 Act which authorizes producers, first handlers and others in Industry Background USDA to establish agricultural the marketing chain as appropriate, and commodity research and promotion importers, if imports are subject to The pecan industry is comprised of orders which may include a assessment. producers, shellers, accumulators, combination of promotion, research, USDA currently oversees a marketing wholesalers, and importers that industry information, and consumer order for pecans grown in Alabama, produce, process, and supply pecans for information activities funded by Arkansas, Arizona, California, Florida, market. Pecans include any and all mandatory assessments. These programs Georgia, Kansas, Louisiana, Missouri, varieties or sub varieties, inshell or are designed to maintain and expand Mississippi, North Carolina, New shelled of the Genus, species: Carya markets and uses for agricultural Mexico, Oklahoma, South Carolina, and illinoinensis. Pecans are grown commodities. Texas, which is authorized under the primarily in Alabama, Arkansas, The 1996 Act provides several optional provisions that allow the Agricultural Marketing Agreement Act Arizona, California, Florida, Georgia, tailoring of orders for different of 1937, as amended (7 U.S.C. 601–674). Kansas, Louisiana, Missouri, commodities. Section 516 of the 1996 The purpose of marketing orders, in Mississippi, North Carolina, New Act provides permissive terms for general, is to stabilize market Mexico, Oklahoma, South Carolina, and orders, and other sections provide for conditions, allowing industries to work Texas. According to the most recent alternatives. For example, section 514 of together to solve marketing problems, Census of Agriculture (2017), there are the 1996 Act provides for orders and to improve profitability. The pecan 15,608 operations with bearing acreage applicable to (1) producers, (2) first marketing order authorizes collection of of pecans. Bearing acreage is greatest in handlers and others in the marketing industry data; research and promotion Georgia with about 30 percent of the chain as appropriate, and (3) importers activities; regulations on grade, size, nationwide total, followed by Texas at (if imports are subject to assessments). quality, pack and container; and is 27 percent, Oklahoma at 22 percent, Section 516 states that an order may financed by assessments paid by New Mexico at 11 percent, and Arizona include an exemption of de minimis handlers of pecans grown in the at 4 percent. These five states generally quantities of an agricultural commodity; production area. account for about 95 percent of U.S. different payment and reporting The purpose of research and pecan production. schedules; coverage of research, promotion programs, in general, is to U.S. Supply and Consumption promotion, and information activities to provide a framework for agricultural expand, improve, or make more efficient industries to pool their resources and Pecans are an alternate bearing crop, the marketing or use of an agricultural combine efforts to develop new markets, causing variability in production from commodity in both domestic and strengthen existing markets and conduct year to year. Based on data from the foreign markets; provision for reserve important research and promotion National Agricultural Statistics Service funds; provision for credits for generic activities. The proposed pecan research (NASS), the 2014 to 2019 six-year and branded activities; and assessment and promotion program would be average of total U.S. pecan production of imports. national in scope, financed by an was almost 265 million pounds on an In addition, section 518 of the 1996 assessment on pecan producers and inshell basis, as shown in Table 1. Act provides for referenda to ascertain importers, and authorize research and Together, Georgia and New Mexico approval of an order to be conducted promotion activities. The purpose of the produced more than half of pecan either prior to its going into effect or proposed Order would be to strengthen production nationwide.

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Table 1. State Pecan Production 1,000 Lbs. State Inshell basis Georgia 88,000 New Mexico 80,150 Texas 42,517 Arizona 26,717 Oklahoma 13,533 Louisiana 7,406 California 4,686 Arkansas 2,850 Alabama 1,850 Mississippi 1,150 Missouri 1,090 South Carolina 350 Florida 145 Total U.S. 1 264,765 Source: NASS, 2014-2019 average. Note: 1 Sum may not equal Total U.S. due to rounding.

From 2013 through 2016, pecan following year, however, domestic U.S. pecan production is depicted in production averaged about 263 million production dropped 21 percent due to Chart 1. pounds per year, and reached a peak in the destruction of the Georgia pecan 2017 at nearly 305 million pounds. The crop by Hurricane Michael. The trend of

Chart 1. U.S. Pecan Production (Inshell basis) 310,000

300,000

290,000

Ul 280,000 ..Q ,-:i 0 270,000 0 0

~ ,-I 260,000

250,000

240,000

230,000 2013 2014 2015 2016 2017 2018 2019 Source: NASS.

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In 2018, Hurricane Michael swept the six years prior to the storm. Prior to Table 2 shows U.S. pecan supply and across the southern half of Georgia as a Hurricane Michael, Georgia was the top utilization. Domestic production Category 3 storm. According to the pecan-producing state in the U.S. generally accounts for about 40 percent University of Georgia Pecan Extension, Considering this, along with the state’s of the domestic supply, while imports this storm resulted in a loss of nearly recovery efforts, the University of account for nearly one-third, with half the expected 2018 crop and a loss Georgia Pecan Extension expects beginning stocks just under 30 percent. of 17 percent of the state’s pecan Georgia pecan production to rebound in Almost all pecans imported into the acreage. The effects of Hurricane the coming years. Pecan production U.S. are from Mexico. Of these, 70 Michael remain present as the 2019 nationwide began to increase in 2019, percent are shelled, and 30 percent are Georgia crop was down nearly 30 climbing six percent from 2018. inshell. percent from the average production of

Table 2. U.S. Supply and Utilization of Pecans (1,000 Lbs., Inshell basis) Per Capita Beginning Ending Year Production 1 Utilization 5 Consumption Stocks 1 Stocks 1 (Lbs. I 6 2013 266,330 183,840 143,285 593,455 166,909 156,450 270,095 0.85 2014 264,150 166,909 186,619 617,678 174,874 167,701 275,103 0.86 2015 254,290 174,874 170,574 599,738 181,390 157,208 261,140 0.81 2016 268,770 181,390 220,069 670,229 204,288 160,469 305,471 0.95 2017 304,850 204,288 176,122 685,260 183,984 188,116 313,160 0. 96 2018 240,930 183,984 230,899 655,813 203,341 135,256 317,216 0.97 2019 255,600 203,341 265,287 724,228 180,055 151,370 392,803 1. 20

2014-2019 6-yr avg 264,765 185,798 208,262 658,824 187,989 160,020 310,815 0. 96 Pct of supply 40% 28% 32% 2 9% 24% 47%

2019 V 2018 6% 11% 15% 10% -11% 12% 24% 23% 2019 V 2013-2018 6-yr avg -4% 11% 41% 14% -3% -6% 35% 33%

Sources: 1 NASS; 2 Customs and Border Protection; 4 Agricultural Service. Notes: 3 Production + Beginning Stocks + Imports; - (Ending Stocks + Exports); 6Utilization I U.S. Population.

Nearly half of the U.S. supply of U.S. pecan exports, while inshell are 40 and China make up 72 percent of the pecans is consumed domestically each percent. Europe and Canada are the Asian market for inshell pecan exports year. Per capita consumption has primary markets for shelled pecans from the United States. trended upward for the last four years, with, on average, 49 percent and 24 Competition reaching a high of 1.20 inshell pounds percent, respectively, of total shelled in 2019. Compared to 2018 and to the exports. In Europe, the largest The pecan industry competes with 2013 to 2018 six-year average, 2019 per consumers of U.S. shelled pecans are other tree nut industries such as capita consumption is up 23 percent the Netherlands, the United Kingdom, almonds, pistachios and walnuts. As and 33 percent, respectively. and Germany with 39 percent, 24 Table 3 illustrates, sales by volume of Exports percent, and 15 percent, respectively, of pecans are 95 percent lower than sales The U.S. exports about 24 percent of total shelled exports to Europe. On of almonds, 74 percent lower than sales its pecan supply on average each year. average, about 94 percent of U.S. inshell of walnuts, but 40 percent higher than Shelled pecans make up 60 percent of exports go to Asia. Together, Hong Kong sales of pistachios.

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Table 3. Shelled Nut Sales (1,000 Lbs.) Year Pecans Almonds 1 Pistachios Walnuts 2013 106,569 2,010,000 45,400 306,000 2014 101,858 1,870,000 50,800 374,000 2015 87,225 1,900,000 33,100 400,000 2016 116,930 2,140,000 114,400 438,000 2017 126,396 2,270,000 52,807 390,000 2018 88,373 2,280,000 121,000 450,000 2019 115,937 2,550,000 82,000 412,000

2014-2019 6-yr avg 106,120 2,168,333 75,685 410,667

Pecan comparison -95% 40 -74 Source: NASS. Note: 1Almonds is shelled utilized production.

Prices received by growers, as shown other nuts, grower-received prices for for pistachios, but double those for in Table 4, are 25 percent lower for pecans are 18 percent lower than those walnuts. pecans than for almonds. Compared to

Table 4. Grower-Received Prices ($/Lb.) Year Pecans Almonds Pistachios Walnuts 2013 $ 1. 73 $ 3.21 $ 3.48 $ 1. 86 2014 $ 1. 96 $ 4.00 $ 3.57 $ 1. 67 2015 $ 2.20 $ 3.13 $ 3.29 $ 0.84 2016 $ 2.59 $ 2.39 $ 1. 68 $ 0.93 2017 $ 2.33 $ 2.53 $ 1. 69 $ 1. 25 2018 $ 1. 75 $ 2.50 $ 2.65 $ 0.68 2019 $ 1. 84 $ 2.43 $ 2.62 $ 0.99

2014-2019 6-yr avg $ 2.11 $ 2.83 $ 2.58 $ 1. 06

Pecan comparison -25% -18% 100 Source: NASS.

Price Trends years, pecan prices were at their highest between 2018 and 2019 but are still Chart 2 shows the trend of prices for in 2016 before dropping in the following down about 12 percent compared to the pecans from 2013 to 2019. In recent two years. Prices increased slightly average of the previous six years.

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Chart 2. Pecan Prices

$2.70

$2.50

$2.30

..Q ~ $2 .10 {f}- $1. 90

$1.70

$1.50 2013 2014 2015 2016 2017 2018 2019 Source: NASS.

Need for a Program According to the NPF, the proposed Section 1223.1 would define the term research and promotion program will ‘‘Act’’ to mean the Commodity According to the NPF, the greatest benefit domestic producers and Promotion, Research, and Information challenge the pecan industry is facing is importers of pecans, thereby justifying Act of 1996 (7 U.S.C. 7411–7425), and supply surpassing demand. Data from the collection of assessments on both any amendments thereto. the International Nut and Dried Fruit domestic production and imports. Section 1223.2 would define the term Council and from the research compiled The NPF proposal indicates that ‘‘American Pecan Council’’ or ‘‘APC’’ to by the Boston Consulting Group, imported product accounts for mean that governing body of the Federal contracted by the NPF, show that the approximately 39 percent of pecans Marketing Order established pursuant to supply of pecans may exceed demand being supplied to the U.S., with 7 CFR part 986, unless otherwise noted. by 19 percent in 2028.1 The NPF domestic production accounting for the As specified in proposed § 1223.41, the believes the establishment of a national other 61 percent. With mandatory APC would conduct the initial research and promotion program for assessments being collected only on nominations for producers of the pecans would help the industry address domestic production, this has created a American Pecan Promotion Board and this challenge. NPF concluded that gap in the dollars available to fund submit them to the Secretary. without a program funded by marketing campaigns focused on Section 1223.3 would define the term assessments from both domestically creating increased demand for pecans in ‘‘American Pecan Promotion Board’’ or produced and imported pecans, the the U.S. and globally. As domestic ‘‘Board’’ to mean the administrative industry would not be able to meet the production and imports increase, the body established pursuant to § 1223.40. challenge of the approaching supply need for a robust promotion campaign is Section 1223.5 would define and demand imbalance. apparent, which would only be ‘‘Customs’’ or ‘‘CBP’’ to mean the In 2016, the U.S. pecan industry accomplished with both domestic Customs and Border Protection, an favored the establishment of a marketing producers and importers contributing agency of the United Sates Department order for pecans grown in Alabama, financially. The NPF concluded that the of Homeland Security. Arkansas, Arizona, California, Florida, marketing order would continue to have Section 1223.7 would define ‘‘first Georgia, Kansas, Louisiana, Missouri, an important role within the industry handler’’ to mean any person who Mississippi, North Carolina, New and the intent is that the two programs receives, shells, cracks, accumulates, Mexico, Oklahoma, South Carolina, and would work together to benefit the warehouses, roasts, packs, sells, Texas. The program authorizes entire pecan industry. consigns, transports, exports, or ships collection of industry data; research and Provisions of Proposed Program (except as a common or contract carrier promotion activities; regulation of of pecans owned by another person), or grade, size, quality, pack and container; Definitions in any other way puts inshell or shelled and is financed by assessments paid by Pursuant to section 513 of the 1996 pecans in the stream of commerce. The handlers of pecans grown in the Act, §§ 1223.1 through 1223.24 of term first handler includes a producer production area. Over the past several proposed 7 CFR part 1223 (referred to as who handles or markets pecans of the years the marketing order program has the proposed Order) define certain producer’s own production. launched marketing campaigns to terms that would be used throughout Section 1223.8 would define the term increase demand for pecans. final 7 CFR part 1223 (referred to as the ‘‘fiscal period’’ to mean the period from Order). Several of the terms are common October 1 to September 30, or such 1 Based on historic compound annual growth to all research and promotion programs other period as recommended by the rates (CAGR’s) in global pecan supply and demand for 10 years from 2008 to 2018; resultant CAGR’s authorized under the 1996 Act, while Board and approved by the Secretary. of 6 percent for global supply and demand applied other terms are specific to the proposed Section 1223.10 would define the to 2018 estimates to forecast 2028 figures. Order. term ’’information’’ to mean information

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and programs that are designed to information programs, plans, or projects imported into the United States. In increase efficiency in processing and to established under the Order. accordance with this requirement, the develop new markets, marketing Section 1223.19 would define the NPF recommended the Board would strategies, increase market efficiency, term ‘‘promotion’’ to mean any action consist of 17 members: 10 domestic and activities that are designed to taken to present a favorable image of producers and 7 importers. enhance the image of pecans on a pecans to the general public and the To determine whether the NPF’s national or international basis. This food industry for the purpose of proposed board representation is improving the competitive position of includes consumer information, which reflective of the appropriate pecans both in the United States and means any action taken to provide geographical distribution, USDA used abroad and stimulating the sale of information to, and broaden the the following resources: The NASS for pecans. This includes paid advertising understanding of, the general public U.S. production data; the 2007, 2012, and public relations. regarding the consumption, use, and 2017 Census of Agriculture nutritional attributes, and care of Section 1223.20 would define the term ‘‘research’’ to mean any type of (published by NASS) for bearing acreage pecans. This would also include data by state; Customs import data for industry information, which means test, study, or analysis designed to advance the image, desirability, use, shelled and inshell pecans (HTS Codes information and programs that would 0802901500 and 0802901000, lead to the development of new markets, marketability, production, product development, or quality of pecans, respectively); and the Global new marketing strategies, or increased Agricultural Trade System (GATS) of efficiency for the pecan industry, and including research relating to nutritional value, cost of production, the Foreign Agricultural Service (FAS) activities to enhance the image of the for data on U.S. exports of inshell pecan industry. new product development, varietal development, nutritional value, health pecans to Mexico. All data presented in Section 1223.11 would define the this document is based on a calendar term ‘‘inshell pecans’’ to mean nuts research, and marketing of pecans. Section 1223.22 would define the year for consistency in timeframe. Due whose kernel is maintained inside the to the alternate-bearing nature of the shell. term ‘‘shelled pecans’’ to mean pecans whose shells have been removed leaving crop, USDA concluded that the most Section 1223.12 would define the appropriate way to illustrate production terms ‘‘market’’ or ‘‘marketing.’’ The only edible kernels, kernel pieces or pecan meal. One pound of shelled and import volume is a six-year average term ‘‘marketing’’ would mean the sale pecans is the equivalent of two pounds of years 2014 through 2019. or other disposition of pecans in any inshell pecans. U.S. Production channel of commerce. The term Sections 1223.4, 1223.6, 1223.9, ‘‘market’’ would mean to sell or 1223.13, 1223.16, 1223.21, 1223.23, Every five years, following the Census otherwise dispose of pecans in 1223.24, and 1223.25 would define the interstate, foreign, or intrastate of Agriculture, NASS reviews terms ‘‘conflict of interest,’’ production for each commodity and commerce. ‘‘Department or USDA,’’ ‘‘importer,’’ Section 1223.14 would define the evaluates the inclusion of states in its ‘‘Order,’’ ‘‘person,’’ ‘‘Secretary,’’ annual estimating program. Given terms ‘‘part’’ and ‘‘subpart.’’ The term ‘‘suspend,’’ ‘‘terminate,’’ and ‘‘United ‘‘part’’ would mean all rules, limited available resources, NASS has States,’’ respectively. The definitions are reduced the number of states included regulations, and supplemental orders the same as or are based on the issued pursuant to the Act and the in its annual estimation of pecan definitions specified in section 513 of production to five states as of 2019, Order. The Pecan Promotion, Research, the Act. and Information Order would be a down from 12 states in 2014 after the ‘‘subpart’’ (specifically subpart A) of Establishment of the Board 2012 Census of Agriculture. NASS had reported annual estimates of pecan such part. Pursuant to section 515 of the 1996 production for 15 states as early as 2007. Section 1223.15 would define the Act, §§ 1223.40 through 1223.47 of the term ‘‘pecans’’ to mean and includes proposed Order would detail the Using bearing acreage data from the any and all varieties or subvarieties, establishment and membership of the 2007, 2012, and 2017 Census of inshell or shelled, of the Genus, species: proposed American Pecan Promotion Agriculture, USDA estimated 2017 Carya illinoinensis grown or imported Board (Board), nominations and production in the seven states for which into the United States. appointments, term of office, removal no data was issued by NASS. USDA Section 1223.17 would define the and vacancies, procedure, compensation calculated an average yield per acre for term ‘‘producer’’ to mean synonymous and reimbursement, powers and duties, each of these seven states using bearing with grower and any person engaged in and prohibited activities. acreage data from the 2007 and 2012 the production and sale of pecans in the Section 1223.40 would specify the Census of Agriculture and NASS United States who owns, or who shares Board establishment and membership. production data for the corresponding in the ownership and risk of loss of such The 1996 Act requires the composition years. Next, USDA applied these pecans. of a board to reflect the geographical calculations of yield to bearing acreage Section 1223.18 would define the distribution of production of the data from the 2017 Census of terms programs, plans, and projects to commodity in the U.S. as well as the Agriculture to estimate 2017 mean research, promotion and quantity or value of the commodity production. Table 5 shows the result.

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Table 5. Pecan Production Volume by State 2014-2019 Six-Year Average States Lbs. (Inshell basis) Alabama 1,850,000 Arizona 26,783,333 Arkansas 1 3,102,365 California 4,686,000 Florida 1 1,958,448 Georgia . 2 90,900,000 Kansas 1 676,226 Louisiana 7,406,000 Mississippi 1 1,217,850 Missouri 1 1,415,427 New Mexico 81,950,000 North Carolina 1 216,949 Oklahoma 13,300,000 South Carolina 1 714,239 Texas 43,366,667 U.S. Total 279,543,504 Source: NASS. Notes: 1 2017 production estimated by USDA; 2Georgia production estimated using a weighted average with lower weights applied to production in years 2018 and 2019 to discount anomalous effects of 2018 Hurricane Michael.

In 2018, Hurricane Michael swept year weighted average of 90.9 million whose land mass is in the Central Time across the southern half of Georgia as a pounds, inshell, of Georgia production. Zone. Finally, the Western Region Category 3 storm. According to the Prior to Hurricane Michael, Georgia was includes Arizona, California, New University of Georgia Pecan Extension, the top pecan producer in the United Mexico, and any other U.S. states the this storm resulted in a loss of nearly States. Considering this, along with the majority of whose land mass is in the half the expected 2018 crop and a loss state’s recovery efforts, the University of Mountain or Pacific Time Zones, plus of 17 percent of the state’s pecan Georgia Pecan Extension expects Alaska, Hawaii, and any U.S. territories acreage. The effects of Hurricane Georgia pecan production to rebound in in the Pacific Ocean. Michael remain present as the 2019 the coming years. Table 6 lists the three regions Georgia crop was down nearly 30 According to the proposal, domestic including their states and territories, percent from the average production of board representation would be split into along with regional six-year average the six years prior to the storm. To more three regions: Eastern, Central, and production, and portion of total U.S. accurately represent the geographical Western. The Eastern Region includes production. The Eastern and Central distribution of U.S. pecan production, Alabama, Florida, Georgia, North Regions, with 34 percent and 25 percent USDA adjusted the six-year average of Carolina, South Carolina, and any other of total U.S. production, respectively, production for Georgia by applying U.S. states the majority of whose land would each have three seats on the weights to each year’s production mass is in the Eastern Time Zone, plus Board as recommended by the NPF. The figures. Equal weights of 20 percent any U.S. territories in the Atlantic Western Region, with 41 percent of total were applied to years 2014 through Ocean. The Central Region includes U.S. production would have four seats 2017, and weights of 10 percent each Arkansas, Kansas, Louisiana, on the Board as recommended by the were applied to years 2018 and 2019. Mississippi, Missouri, Oklahoma, Texas, NPF, for a total of 10 seats representing The result, as shown in Table 5, is a six- and any other U.S. states the majority of domestic U.S. production.

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Table 6. Pecan Production Volume by Region 2014-2019 Six-Year Average 9c States Lbs. (Inshell basis) 0 of u .s. Alabama Florida ~ H ~ Georgia (].J 0 -rl -J...J North Carolina 95,639,636 34% (/) CTI (].J (U p::; South Carolina µ:J Eastern Time Zone States Atlantic Territories Arkansas Kansas rl Louisiana (U ~ 0 H -rl Mississippi -J...J CTI 70,484,535 25% ~ (].J Missouri (].J p::; u Oklahoma Texas Central Time Zone States Arizona California ~ New Mexico H ~ (].J 0 -rl Mountain Time Zone States -J...J 113,419,333 41% (/) CTI (].J Pacific Time Zone States (].J p::; :s Alaska Hawaii Pacific Territories Total u. s. Production 279,543,504 Source: NASS.

Imports inshell pecans being exported to Mexico exports of inshell pecans to Mexico. for shelling, and then reentering the This calculation assumes that all U.S. Regarding import volume, USDA United States as shelled kernels. These inshell pecan exports to Mexico estimated about 208 million pounds, shelled kernels may be documented as ultimately return to the United States as inshell, using a six-year average for imported product, but they were shelled kernels. According to the NPF, years 2014 through 2019. To arrive at actually produced in the United States. this is a reasonable assumption. The this estimate, USDA considered the To account for this scenario, USDA result of this calculation is shown in routine industry practice of domestic deducted from total imports U.S. Table 7.

Table 7. Revised Pecan Import Calculation 2014-2019 Six-Year Average, Lbs. (Inshell basis) Total Imports 1 Exports 2 Revised Imports 3 244,539,780 36,278,137 208,261,643 Sources: 1 Customs and Border Protection; 2 Foreign Agricultural Service. Notes: 2 u. s. inshell exports to Mexico; 3 Total Imports - Exports.

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In Table 8, revised imports are added of the total domestic supply; and, with total board members, including ten to domestic production to estimate the just over 208 million pounds, on an domestic producers and seven total U.S. supply of pecans. With 279.5 inshell basis, imports account for 43 importers. million pounds, on an inshell basis, percent of the total U.S. supply. In its U.S. production accounts for 57 percent proposal, the NPF recommended 17

Table 8. Board Representation 2014-2019 Six-Year Average, Lbs. (Inshell basis) u. s. Production 1 Imports 2 Total U.S. Supply 3 279,543,504 208,261,643 487,805,148 57% 43% 100% Sources: 1 NASS; 2Customs and Border Protection, Foreign Agricultural Service. Notes: 2Revised Imports calculated in Table 7 (Total Imports - Exports); 3 U. s. Production + Imports.

The NPF proposed to have no appropriate, and conducting outreach to opportunity to nominate members to alternate Board members. It wants to all importers. USDA would receive the serve on the Board. To be certified by ensure that industry members who seek nominations and submit two nominees the Secretary as a qualified national representation and serve on the Board for each Board position for the organization, an organization would are committed to their service and Secretary’s consideration. have to have been established for more participate in all Board meetings. Regarding subsequent nominations, than a year; be comprised primarily of At least once every five years, the the Board would solicit nominations as importers of pecans; receive a portion of Board must review the geographical described in the following paragraph. its operating funds from importers; and distribution of United States production Nominees must produce more than demonstrate it would be willing and of pecans and the quantity or value of 50,000 pounds of inshell pecans (25,000 able to further the Act and Order’s imports. The review would be pounds of shelled pecans) on average purposes. Interested importers could conducted through an audit of state crop for four fiscal periods (the fiscal period also submit a background statement production, Customs data, and Board for which the nominations are being outlining their qualifications to serve on assessment records. If warranted, the conducted and the previous three fiscal the Board. The names of importer Board would recommend to the periods). nominees would then be placed on a Secretary of Agriculture that the Board The Board would seek nominations ballot. The ballots, along with any membership be reapportioned for each vacant seat from producers who background statements, would be appropriately to reflect such changes. paid their assessments to the Board in mailed to importers for a vote. The votes The distribution of production between the most recent fiscal period. Producers would be tabulated with the nominee regions also shall be considered. Any that produce in more than one region receiving the highest number of votes at changes in Board composition would be could seek nomination in only the the top of the list in descending order implemented by the Secretary through region in which they produce the by vote. Two candidates for each rulemaking. majority of their pecans. Interested position would then be submitted to the Section 1223.41 of the proposed producers could also submit a Secretary for consideration. The Board would submit nominations Order would specify Board nominations background statement outlining their to the Secretary at least six months and appointments. The initial qualifications to serve on the Board. The before the new Board term begins. nominations for producers would be names of producer nominees would be The NPF also recommended that no submitted to the Secretary by the placed on a ballot by region. The ballots, two Board members be employed by a American Pecan Council (APC). The along with any background statements, single corporation, company, APC would publicize the nomination would be mailed to producers in each partnership, or any other legal entity. process, using trade press or other respective region for a vote. Producers The NPF stated this is to help ensure means it deems appropriate. The APC who produce pecans in more than one that no one entity has control on the would use regional caucuses, mail or region could only vote in the region in Board. other methods to solicit potential which they produce the majority of their In order to provide the Board nominees and would work with USDA pecans. The votes would be tabulated flexibility, the Board could recommend to help ensure that all interested for each region with the nominee to the Secretary modifications to its persons are apprised of the nomination receiving the highest number of votes at nomination procedures. Any such process. The APC would submit the the top of the list in descending order modifications would be implemented nominations and recommend two by vote. Two candidates for each through rulemaking by the Secretary. nominees for each Board position for position would be submitted to the Section 1223.42 of the proposed the Secretary’s consideration. Secretary for consideration. Order would specify the term of office. USDA would conduct initial importer The Board would also solicit Except for the initial Board, each Board nominations. This includes publicizing candidates for importer nominees. All member would serve a three-year term the nomination process, using trade qualified national organizations or until the Secretary selected his or her press or other means it deems representing importers would have the successor. Each term of office would

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begin on October 1 and end on by the Board, incurred when performing budgets should include comparative September 30. No member could serve Board business. data for at least one preceding fiscal more than two consecutive terms, Section 1223.46 of the proposed period. excluding any term of office less than Order would specify powers and duties Each budget must provide for three years. For the initial Board, the of the Board. These are similar in adequate funds to cover the Board’s members’ terms would be staggered for promotion programs authorized under anticipated expenses. Any amendment two, three, and four years and would be the 1996 Act. They include, among or addition to an approved budget must determined at random. The initial other things, to administer the Order be approved by USDA, including members would be able to serve one and collect assessments; to develop shifting of funds from one program, plan successive three-year term. bylaws and recommend regulations or project to another. Shifts of funds that Section 1223.43 of the proposed necessary to administer the Order; to do not result in an increase in the Order would specify criteria for the select a chairperson and other Board Board’s approved budget would not removal of members and for filling officers; to create committees and need prior approval from USDA. For vacancies. If a Board member ceased to subcommittees as necessary; to hire staff example, if the Board’s approved budget work for or be affiliated with the or contractors; to develop programs and provided for $1 million in consumer category of members from which the enter into contracts to implement advertising and $500,000 in research member was appointed or in the region programs; to prepare and submit a projects, a shift of $50,000 from he or she represented, such position budget for approval by USDA in consumer advertising to research would would become vacant. The Board could accordance with the Order; to invest require USDA approval. However, a recommend to the Secretary that a Board funds appropriately; have its shift within the $1 million consumer member be removed from office if the books audited by an outside certified advertising line item would not require member consistently refused to perform public accountant at the end of each prior USDA approval. his or her duties or engaged in dishonest fiscal period and at other times as The Board would be authorized to acts or willful misconduct. Further, requested by the Secretary; to provide incur reasonable expenses for its without recommendation of the Board, appropriate notice of meetings to the maintenance and functioning. During its a member may be removed by the industry and USDA and keep minutes of first year of operation, the Board could Secretary upon showing of adequate such meetings; to report its activities to borrow funds for startup costs and cause, including the continued failure producers and importers; to make capital outlay. Any borrowed funds by a member to submit reports or remit public an accounting of funds received would be subject to the same fiscal, and expended; to receive, investigate assessments required under this part, if budget and audit controls as other funds and report to the Secretary complaints the Secretary determines that such of the Board. of violations of the Order; and to member’s continued service would be The Board could also accept recommend amendments to the Order as detrimental to the achievement of the voluntary contributions and seek other appropriate. purposes of the Act. If a position Section 1223.47 of the proposed funding sources to carry out activities became vacant, nominations to fill the Order would specify prohibited authorized under the Order. Any vacancy would be conducted using the activities that are common to all contributions received by the Board nomination process as proposed in promotion programs authorized under would be free from encumbrances by § 1223.41 of the Order. A vacancy the 1996 Act. In summary, the Board the donor and the Board would retain would not be required to be filled if the nor its employees and agents could control over use of the funds. However, unexpired term is less than six months. engage in actions that would be a the Board could receive funds from Section 1223.44 of the proposed conflict of interest; use Board funds to outside sources targeted for specific Order would specify procedures of the lobby (influencing legislation or authorized projects. For example, the Board. A majority of the Board members governmental action or policy, by local, Board could receive Federal grant funds, (9) would constitute a quorum. A state, national, and foreign governments subject to approval by the Secretary, for motion would carry if supported by one or subdivision thereof, other than a specific research project. The Board vote more than 50 percent of the total recommending to the Secretary would also be required to reimburse votes represented by the Board members amendments to the Order); or engage in USDA for costs incurred by USDA in present. Proxy voting would not be any advertising or activities that may be overseeing the Order’s operations, permitted. false, misleading or disparaging to including all costs associated with The proposed Order would also another agricultural commodity. referenda. provide for the Board to take action by The Board would be limited to mail, telephone, electronic mail, Expenses and Assessments spending no more than 15 percent of its facsimile, or any other electronic means Pursuant to sections 516 and 517 of assessment and other income received when the chairperson believes it is the 1996 Act, §§ 1223.50 through for administration, maintenance, and necessary. Actions taken under these 1223.53 of the proposed Order detail the functioning of the Board for that procedures would be valid only if all requirements regarding the Board’s fiscal period. This limitation would be members and the Secretary were budget and expenses, financial applicable for fiscal periods beginning notified of the meeting and all members statements, assessments, and exemption three or more years after the were provided the opportunity to vote from assessments. At least 60 calendar establishment of the Board. and at least nine Board members voted days before the start of the fiscal period, Reimbursements to USDA would not be in favor of the action. Additionally, all and as necessary during the year, the considered administrative costs. As an votes would have to be confirmed in Board would submit a budget to USDA example, if the Board received $9 writing and recorded in Board minutes. covering its projected expenses. The million in assessments during fiscal The proposed Order would specify budget must include a summary of period five, and $1 million in Federal that Board members would serve anticipated revenue and expenses for grant funding, the Board’s assessment without compensation. However, Board each program along with a breakdown and other income would be $10 million members would be reimbursed for of staff and administrative expenses. for that fiscal period. In this scenario, reasonable travel expenses, as approved Except for the initial budget, the Board’s the Board would be limited to spending

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no more than $1.5 million (.15 × $10 per pound inshell pecan) from producer merely a replacement of a previous million) on administrative costs. Z. First handler A would remit the number and has no impact on the The Board could also maintain a assessment collected totaling $27,000 description of the pecans involved, monetary reserve and carry over excess ($2,000 + $10,000 + $15,000) to the assessments would continue to be funds from one fiscal period to the next. Board. If a producer is acting as its own collected based on the new number. However, such reserve funds could not first handler, the producer would be Section 1223.520 of the Order would exceed two fiscal period’s budgeted required to remit its individual provide authority for the Board to expenses. For example, if the Board’s assessments. Assessments owed would impose a late payment charge and budgeted expenses for a fiscal period be due to the Board by the 10th calendar interest for assessments not received were $8 million, it could carry over no day of the month following the end of within 30 calendar days of the date more than $16 million in reserve. With the previous month. As an example, assessments were due. There would be approval of the Secretary, reserve funds assessments for pecans received in June a one-time late payment charge of five could be used to pay expenses. would be due to the Board by July 10th. percent of the assessments due. In The Board could invest its revenue Importer assessments would be addition, there would be a one percent collected under the Order in the collected through Customs. If Customs per month interest charge on the following: (1) Obligations of the United did not collect the assessment from an outstanding balance, including any late States or any agency of the United importer, the importer would be payment and accrued interest. Interest States; (2) General obligations of any responsible for paying the assessment would accrue monthly until the State or any political subdivision of a directly to the Board by the 10th outstanding balance would be paid to State; (3) Interest bearing accounts or calendar day of the month following the the Board. certificates of deposit of financial end of the previous month after the De Minimis institutions that are members of the pecans were imported into the United Federal Reserve; and 4) Obligations States. The proposed Order would provide fully guaranteed as to principal interest Domestic inshell pecans are routinely an exemption to assessment of by the United States. exported to Mexico, shelled, and producers whose production volume The Board would be required to imported into the United States as was less than 50,000 pounds of inshell submit to USDA financial statements on shelled pecans. The intent of the Order pecans (25,000 pounds of shelled a monthly or quarterly basis, or at any is not to double assess such pecans. For pecans) on average for four fiscal other time as requested by the Secretary. pecans produced in the United States, periods (the fiscal period for which the Financial statements should include, at shipped to locations outside the United exemption is claimed and the previous a minimum, a balance sheet, statement States for shelling, and imported back three fiscal periods). The exemption of activities (budget versus actual), an into the United States, assessments would also apply to importers whose income statement, and an expense would be owed on the pecans produced import volume was less than 50,000 budget. in the United States and would be pounds of inshell pecans (25,000 pounds of shelled pecans) on average Assessments remitted by the first handler. If assessments are being collected through for four fiscal periods (the fiscal period The Board’s programs and expenses Customs, the importer would need to for which the exemption is claimed and would be funded through assessments request a refund from the Board and the previous three fiscal periods). The on producers and importers, other provide proof that assessments had been Federal Marketing Order (FMO) income, and other funds available to the previously remitted by the first handler. regulating the handling of pecans Board. The Order would provide for an For importers who remit assessments defines a producer or grower as one who initial assessment rate of $0.02 per directly to the Board, the importers produces ‘‘a minimum of 50,000 pounds pound of all inshell pecans and $0.04 would have to provide documentation of inshell pecans’’ or who owns ‘‘a per pound on all shelled pecans. Each that assessments had been paid by the minimum of 30 pecan acres’’. Record producer would pay on the amount of first handler. As an example, if producer evidence in the 2015 FMO promulgation pecans produced in the United States. A, acting as its own first handler, hearings—including witness testimonies The importer of record would pay exports 100,000 pounds of inshell and a study entitled ‘‘Economic assessments based on the amount of pecans to Mexico to be shelled, that Analysis of the Implementation of a pecans imported to the United States. individual would be required to remit to Federal Marketing Order for Pecans’’— The Order provides that it is the the Board assessments owed on the verified that 50,000 pounds of inshell responsibility of the first handler, as 100,000 pounds of inshell pecans. When pecans or 30 pecan acres was an defined in § 1223.7, to collect and remit Importer B imports the 50,000 pounds acceptable threshold for distinguishing assessments owed to the Board. First of shelled pecans, the importer would a commercial pecan producer from a handlers would collect assessments need to provide documentation that hobby farmer. from each producer based on pounds of substantiates that assessments were This proposal prescribes an average of pecans received. The first handler remitted by the producer A. four fiscal periods of production or would remit those assessments, along Section 1223.52(e)(2) of the Order imports to determine whether an entity with the required reports, to the Board. would prescribe the Harmonized Tariff is subject to assessment. For quantifying As an example, first handler A receives Schedule (HTS) of the United States the number of domestic producers of 100,000 pounds inshell pecans from categories covered under the program. pecans, data from the 2017 Census of producer X, 250,000 pounds shelled Imported commodities are assigned Agriculture, representing a single year, pecans from producer Y, and 750,000 codes via the HTS with the first is the best resource available to USDA. inshell pecans from producer Z. First numbers denoting the heading, which is Regarding importers, USDA used a six- handler A would collect $2,000 a broad description of the commodity, year average instead of a four-year (100,000 pounds × $0.02 per pound and the subsequent numbers denoting average to maintain consistency across inshell pecans) from producer X, the subheadings, which specify the analyses in this proposal. Finally, all $10,000 (250,000 pounds × $0.04 per commodity in greater detail. In the data used in this analysis is reflective of pound shelled pecans) from producer Y, event an HTS number subject to a calendar year, not a fiscal year. NASS, and $15,000 (750,000 pounds × $0.02 assessment changed and the change is who publishes the Census of

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Agriculture, reports data on a calendar To determine the number of domestic minimum number of acres to produce year basis. USDA analyzed Customs producers that would be assessed or 50,000 pounds, inshell, of pecans are data by calendar year for consistency exempt from assessment, USDA first shown in Table 9. Next, USDA used with NASS. In 2017, NASS estimated estimated the minimum number of acres each state’s minimum number of acres pecan production for 12 states. Every required to produce 50,000 pounds, to find the number of operations that five years, following the Census of inshell, of pecans for 12 states. To had pecan bearing acreage that would Agriculture, NASS reviews production accomplish this, USDA divided the de enable them to produce at least 50,000 for each commodity and evaluates the minimis threshold of 50,000 pounds, pounds, inshell, of pecans, based on inclusion of states in its annual inshell, by the 2017 yield estimates for data from the 2017 Census of each of the 12 states. These yield estimating program. Agriculture. estimates, along with the resulting

Table 9. 2017 State Yield and Minimum Acreage for Assessment Min. Acres for State Yield 50,000 Lbs. (Inshell) Alabama 220 227 Arizona 1,750 29 Arkansas 257 195 Florida 302 166 Georgia 892 56 Louisiana 650 77 Mississippi 310 161 Missouri 267 187 New Mexico 2,115 24 North Carolina 242 207 Oklahoma 163 307 Texas 426 117 Source: NASS.

Table 10 depicts the number of pecans in the U.S. in 2017. Based on assessed and 14,737, or 93 percent, producers and importers that would be data from Customs and Border would be exempt from assessment. assessed and exempt from assessment Protection (Customs), there were 190 USDA seeks comment on whether this under the de minimis threshold of entities that imported shelled or inshell de minimis provides a good 50,000 pounds, inshell, of pecans. pecans between 2014 and 2019. USDA representation of the industry for According to the 2017 Census of estimates that of the total 15,798 assessments collected and board Agriculture, there were 15,608 producers and importers of pecans, operations with bearing acreage of 1,061, or seven percent, would be representation.

Table 10. Entities Exempt and Assessed at De Minimis Threshold Entities Total Assessed Exempt Producers 1 15,608 990 14,618 Importers 2 190 71 119 Total 15,798 1,061 14,737 Sources: 1 NASS, 2017; 2 Customs and Border Protection, 2014-2019 average.

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Using NASS data, USDA estimates total volume of pecans in the U.S. assessment rate of $0.02 per pound of 2017 pecan production to amount to market is almost 561 million pounds, inshell pecans (equivalent to $0.04 per more than 316 million pounds, inshell. inshell, as shown in Table 11. Assessed pound of shelled pecans) results in a Customs data shows total imports of volume amounts to 251 million pounds, total assessment revenue of nearly $10 shelled and inshell pecans to average inshell, for producers and 244 million million.3 244.5 million pounds, on an inshell pounds, inshell, for importers. Total basis, from 2014 to 2019.2 Together, assessed volume multiplied by the

Table 11. Estimated Volume and Assessment Revenue Volume (Lbs., Inshell Basis) Assessment Entities Total Assessed Revenue Producers 1 316,171,267 251,309,740 $ 5,026,195 Importers 2 244,539,780 243,662,767 $ 4,873,255 Total 560,711,047 494,972,508 $ 9,899,450 Sources: 1 NASS, 2017; 2Customs and Border Protection, 2014-2019 average.

In addition to the proposed standard for small pecan importer an exemption prior to the start of the exemption of 50,000 pounds of pecans (equivalent to ‘‘Postharvest crop fiscal period. This would be an annual on an inshell basis or 25,000 pounds of activities’’) is annual receipts equal to exemption; entities would have to pecans on a shelled basis, USDA no more than $30 million. Tying the de reapply each year. They would have to considered other options for a de minimis exemption to these differing certify that they expect to produce minimis threshold. First, USDA SBA size standards becomes domestically or import less than 50,000 considered a de minimis exemption for problematic when considering equitable pounds of inshell pecans (25,000 growers with less than 30 acres of contributions to the proposed program. pounds of shelled pecans) on average pecans, aligning with one of the This is true not only when evaluating for four fiscal periods (the fiscal period definitions of producer or grower in the contributions from each sector but also for which the exemption is claimed and FMO. A de minimis exemption of less within the respective sectors. A de the previous three fiscal periods). The than 30 acres could not apply to pecan minimis exemption tied to annual sales Board could request documentation to importers, and therefore would not be receipts may overly burden growers and support the exemption claim, such as fairly applied to all those subject to the importers who produce or import high past sales or import data. The Board program. Thus, this exemption is not annual sales receipts of pecans. would then issue, if deemed contained in this proposal. AMS seeks comments on the appropriate, a certificate of exemption In the pecan FMO, handlers who proposed de minimis exemption, to the eligible producer or importer. handle at least 1,000 pounds of pecans, particularly on whether the proposed Producers and importers who on an inshell basis, are subject to level is appropriate to ensure equitable assessment. If this de minimis contribution and representation from received an exemption but domestically exemption of less than 1,000 pounds of both domestic producers and importers, produced or imported more than 50,000 pecans, on an inshell basis, were or if modification to the exemption level pounds of inshell pecans (25,000 applied to pecan growers, then about 50 is needed. Please provide data to pounds of shelled pecans) on average percent of growers would be subject to substantiate any recommendation. for four fiscal periods (the fiscal period assessment. Of these assessed growers, for which the exemption is claimed and Exemptions nearly half would operate between 5 the previous three fiscal periods) during and 15 bearing acres of pecans, therefore The proposed Order would provide the fiscal period would be obligated to placing a significant burden on smaller for two exemptions. First, as described pay the applicable assessments. growers to fund the program. Thus, this in the previous section, producers who Producers and importers who are exemption is not contained in this produce domestically and importers exempt from assessments would be proposal. that import less than 50,000 pounds of eligible for a refund of assessments Finally, USDA considered a de inshell pecans (25,000 pounds of collected. Requests for assessment minimis exemption which mirrors the shelled pecans) on average for four refunds would be submitted to the definition of a small pecan grower and fiscal periods (the fiscal period for Board within 90 days of the last day of small pecan importer according to the which the exemption is claimed and the the fiscal period when assessments were Small Business Administration (SBA). previous three fiscal periods) would be collected. The Board would refund such The SBA size standard for a small pecan exempt. assessments no later than 60 calendar grower is annual sales receipts of no Producers or importers seeking an days after receipt of information more than $1 million. The SBA size exemption would apply to the Board for justifying the exemption.

2 For quantifying the number of domestic to maintain consistency across analyses in this would range from $10.5 million to $11.6 million. producers of pecans, data from the 2017 Census of proposal. The variance in the number of assessed growers and Agriculture, representing a single year, is the best 3 In its proposal, NPF estimated that 4,300 the amount of assessment revenue estimated by resource available to USDA. The Census of growers would be subject to assessment under this USDA and by NPF is due to differing methods of Agriculture is only published every five years. analysis, and different assumptions made. Regarding importers, USDA used a six-year average proposed Order, and that assessment revenue

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The Board could develop additional subject to the Order have a right to remitted. Producers who are acting as procedures to administer the exemption receive, the Board shall prorate the their own first handler would also be as appropriate. Such procedures would amount deposited in such account required to submit a report at the time be implemented through rulemaking by among all producers and importers who assessments are remitted. Specifically, the Secretary. desire a refund of assessments paid no the report submitted to the Board would The second exemption under the later than 90 days after the required include, but is not be limited to, the proposed Order would be for organic referendum results are announced by producer and handlers’ name, address, pecans. Under section 501 of the the Secretary. and telephone number; the pounds Federal Agriculture Improvement and If the proposed Order is approved by produced or handled; and the pounds of Reform Act of 1996 (FAIR Act) (7 U.S.C. the required referendum conducted pecans for which assessments were 7401), a producer who operates under under this section, the Board would paid. Producers who received a an approved National Organic Program close the escrow account and all funds certificate of exemption from the Board (NOP) (7 CFR part 205) system plan, and would be available to the Board under would not have to submit such a report domestically produces pecans that are § 1223.50. to the Board. certified ‘‘organic’’ or ‘‘100 percent Promotion, Research and Information Likewise, importers who pay their organic’’ (as defined in the NOP) would assessments directly to the Board would Pursuant to section 516 of the 1996 be eligible for exemption. The be required to submit a report to the Act, §§ 1223.55 through 1223.57 of the exemption would apply to all certified Board that would include, but not be proposed Order would detail ‘‘organic’’ or ‘‘100 percent organic’’ limited to, the importer’s name, address, requirements regarding promotion, pecans regardless of whether the pecans and telephone number; the pounds of research and information programs, are produced by a person who produces pecans imported to the United States; plans and projects authorized under the conventional or nonorganic pecans. the pounds of pecans for which Order. The Board would develop and Likewise, an importer who imports assessments were paid. Importers would submit to the Secretary for approval pecans that are certified as ‘‘organic’’ or submit this report at the same time they programs, plans and projects regarding ‘‘100 percent organic’’ under the NOP, remit their assessments to the Board. promotion, research, education, and or certified as ‘‘organic’’ or ‘‘100 percent Importers who paid their assessments other activities, including consumer and organic’’ under a U.S. equivalency through Customs would not have to industry information and advertising arrangement established under the NOP, submit such reports because Customs designed to, among other things, would be exempt from the payment of would collect this information upon maintain and expand markets for assessments. entry. pecans, and develop new uses for Refunds From Escrow Account pecans. The Board would be required to Additionally, producers, first Pursuant to section 517 of the 1996 evaluate each plan and program to handlers and importers including those Act, § 1223.54 of the proposed Order ensure that it contributes to an effective who were exempt, would be required to would specify the refund procedures if promotion program. The Order would maintain books and records needed to the initial referendum does not pass. also require that, at least once every five verify any required reports. Such books The NPF has proposed that the years, the Board fund an independent and records would be required to be proposed Order be voted in a evaluation of the effectiveness of the made available during normal business referendum of producers and importers Order and programs conducted by the hours for inspection by the Board’s or no later than three years after Board. USDA’s employees or agents. Producers, assessments first begin under the Order. Finally, the Order would specify that first handlers, and importers would be The Board shall establish an interest any patents, copyrights, trademarks, required to maintain such books and bearing escrow account with a financial inventions, product formulations and records for three years beyond the institution that is a member of the publications developed through the use applicable fiscal period. Federal Reserve System and would of funds received by the Board would be The Order would also require that all deposit into such account an amount the property of the U.S. Government, as information obtained from persons equal to ten percent of the assessments represented by the Board. These along subject to the Order as a result of collected during the period beginning with any rents, royalties and the like proposed recordkeeping and reporting on the effective date of the Order and from their use would be considered requirements would be kept ending on the date the Secretary income subject to the same fiscal, confidential by all officers, employees, announces the results of the required budget, and audit controls as other and agents of the Board and USDA. referendum. funds of the Board, and could be Such information could only be If the required referendum fails, the licensed with approval of the Secretary. disclosed if the Secretary considered it Board shall promptly pay refunds of relevant, and the information were assessments to all producers and Reports, Books and Records revealed in a judicial proceeding or importers that have paid assessments Pursuant to section 515 of the 1996 administrative hearing brought at the during the period beginning on the Act, §§ 1223.60 through 1223.62 specify direction or at the request of the effective date of the Order and ending the reporting and recordkeeping Secretary or to which the Secretary or on the date the Secretary announces the requirements under the proposed Order any officer of USDA were a party. Other results of the required referendum in the as well as requirements regarding exceptions for disclosure of confidential manner specified in the proposed Order. confidentiality of information. information would include the issuance Producers and importers shall notify the Producers and first handlers would be of general statements based on reports Board, in a manner specified by the required to submit periodically to the or on information relating to a number Secretary, within 60 days after the Board certain information as the Board of persons subject to the Order, if the announcement of the referendum of may request. Since first handlers would statements did not identify the their demand to receive a refund. be obligated to collect and remit information furnished by any person, or If the amount deposited in the escrow assessments owed to the Board, the first the publication, by direction of the account is less than the amount of all handlers would be required to submit a Secretary, of the name of any person refunds that producers and importers report at the time assessments are violating the Order and a statement of

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the particular provisions of the Order referenda. USDA would announce the United States and globally. The NPF violated. voting period; mail ballots to eligible concluded that the marketing order producers and importers; tabulate the would continue to have an important Miscellaneous Provisions results; prepare a report; and announce role within the industry and the intent Referenda the results to the public. The ballots and is that the two programs would work Pursuant to section 518 of the 1996 other information or reports that would together for the benefit of the entire Act, § 1223.71(a)(1) of the proposed disclose any person’s vote would be pecan industry. The research and Order specifies that the program would held confidential. The procedures promotion program would concentrate be implemented, and a referendum would be applicable for the initial its efforts on activities that would conducted not later than three years referendum and future referenda. maintain and expand markets for pecans, strengthening its position in the after assessments first begin under the Initial Regulatory Flexibility Analysis Order. The Order would continue if marketplace. The marketing order approved by a majority of producers and Pursuant to the requirements set forth would continue its primary importers voting in the referendum in the Regulatory Flexibility Act (5 responsibility of collection and who, during a representative period U.S.C. 601–612), USDA has considered distribution of industry data to determined by the Secretary, were the economic impact of this action on empower stakeholders with accurate engaged in the production or small entities. USDA has prepared this and timely information. Additionally, importation of pecans into the United Initial Regulatory Flexibility Analysis, the marketing order provides the States. the purpose of which is to fit regulatory authority for the pecan industry to Section 1223.71(b) of the proposed actions to the scale of businesses subject recommend on grade, size, quality, pack Order specifies criteria for subsequent to such actions in order that small and container requirements. businesses would not be unduly or referenda. Under the Order, a Objectives of the Action referendum would be held to ascertain disproportionately burdened. The purpose of the program would be whether the program should continue, Need for Regulation be amended, or terminated. This section to strengthen the position of pecans in NPF stated in its proposal that the specifies that a referendum would be the marketplace, maintain and expand greatest challenge facing the pecan held every seven years to determine markets for pecans, and develop new industry is supply outpacing demand. whether producers and importers favor uses for pecans. Based on worldwide planting and crop continuation of the Order. The Order data, NPF estimates that supply would Legal Basis for Action would continue if favored by a majority exceed demand by 15 percent in 2027. The proposed Order is authorized of producers and importers voting in the NPF believes that the establishment of under the 1996 Act which authorizes referendum. Additionally, a referendum a national research and promotion USDA to establish agricultural could be conducted at the request of the program for pecans, funded by commodity research and promotion Board. A referendum could also be assessments on both domestic producers orders which may include a conducted at the request of 10 percent or more of the number of persons and importers, would help the industry combination of promotion, research, eligible to vote in a referendum under address this challenge. industry information, and consumer In 2016, the U.S. pecan industry the Order. Finally, a referendum could information activities funded by favored the establishment of a marketing be conducted at any time as determined mandatory assessments. These programs order for pecans grown in Alabama, by the Secretary. are designed to maintain and expand Arkansas, Arizona, California, Florida, markets and uses for agricultural Other Miscellaneous Provisions Georgia, Kansas, Louisiana, Missouri, commodities. Sections 1223.70 and 1223.72 through Mississippi, North Carolina, New USDA currently administers a 1223.78 describe the rights of the Mexico, Oklahoma, South Carolina, and marketing order for pecans grown in Secretary; authorize the Secretary to Texas. The program authorizes Alabama, Arkansas, Arizona, California, suspend or terminate the Order when collection of industry data; research and Florida, Georgia, Kansas, Louisiana, deemed appropriate; prescribe promotion activities; regulations on Missouri, Mississippi, North Carolina, proceedings after termination; address grade, size, quality, pack and container; New Mexico, Oklahoma, South personal liability, separability, and and is financed by assessments paid by Carolina, and Texas which is authorized amendments; and provide OMB control handlers of pecans grown in the under the Agricultural Marketing numbers. These provisions are common production area. Over the past several Agreement Act of 1937. The purpose of to all research and promotion program years, the marketing order program has marketing orders, in general, is to authorized under the 1996 Act. launched marketing campaigns to stabilize market conditions, allowing increase demand for pecans. industries to work together to solve Referenda Procedures According to the NPF, the proposed marketing problem, improving Sections 1223.100 through 1223.107 research and promotion program will profitability. Marketing order programs’ of the proposed Order would specify benefit domestic producers and mandatory assessments are paid by procedures for the conduct of referenda. importers of pecans, thereby justifying handlers within the designated The sections cover the definitions, the collection of assessments on both production areas. The pecan marketing voting instructions, use of subagents, domestic production and imports. The order authorizes collection of industry ballots, the referendum report, and NPF proposal indicates that imported data; research and promotion activities; confidentiality of information. product accounts for approximately 39 regulations on grade, size, quality, pack Producers and importers eligible to vote percent of pecans being supplied to the and container; and is financed by in the referenda would mean any United States. With mandatory assessments paid by handlers of pecans person, during the representative assessments applied to both domestic grown in the production area. period, that was subject to the Order. production and imports, the proposed The proposed pecan research and Each eligible producer or importer Order would be able to fund marketing promotion program is national in scope, would be entitled to cast only one campaigns focused on creating financed by an assessment on pecan ballot. USDA would conduct the increased demand for pecans in the producers and importers, and authorizes

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research and promotion activities. The (NAICS Code 111336), an operation is and handlers that would be considered purpose of the proposed Order would be considered to be ‘‘small’’ if its annual small under these SBA standards. to strengthen the position of pecans in receipts total no more than $1 million. According to the 2017 Census of the marketplace, maintain and expand This standard applies to U.S. pecan Agriculture, published by NASS in markets for pecans, and develop new producers. 2019, there were 15,608 farms with uses for pecans. USDA has not Importers and first handlers of inshell pecan bearing acreage. Of these 15,608 identified any relevant Federal rules and shelled pecans (HTS Codes farms, 440 sold pecans whose market that duplicate, overlap, or conflict with 0802901000 and 0802901500, value met or exceeded $1 million. Based this proposed rule. respectively) belong to the industry on these figures, 97 percent of U.S. Potentially Affected Small Entities classification of Postharvest Crop pecan producers are considered to be In 13 CFR part 121, the Small Activities (NAICS Code 115114). ‘‘small’’ under the SBA standards. Business Administration (SBA) defines ‘‘Postharvest crop activities’’ include USDA recognizes the potential the threshold at which an operation nut hulling and shelling, sorting, inclusion in its count of ‘‘small’’ farms would be considered ‘‘small’’ based on grading, packing, and cooling. An those farms whose sales of pecans were its North American Industry operation that meets this definition is exactly $1 million in market value; Classification System (NAICS) Code. For considered to be ‘‘small’’, per the SBA, however, USDA lacks the data to Tree Nut Farming operations (NAICS if its annual receipts equal no more than remedy this, and the number of farms Code 111335) and Fruit and Tree Nut $30 million. Table 12 depicts the who meet this criterion is likely quite Combination Farming operations number of pecan producers, importers, small.

Table 12. Entities Considered Small According to SBA Size Standards Entities Total Small Large Producers1 15,608 15,168 440 Importers2 190 186 4 Handlers3 104 78 26 Total 15,902 15,432 470 Sources: 1NASS 2017 Census of Agriculture; 2 Customs and Border Protection, 2014-2019 average; 3American Pecan Council, 2018 crop year. Notes: 1 Small is annual receipts no greater than $1 million; 2 ' 3 Small is annual receipts no greater than $30 million.

According to data from Customs, domestically produce or import less a total of 149 importers and first there were 190 importers of inshell and than 50,000 pounds of inshell pecans handlers considered to be small under shelled pecans from 2014 to 2019. Of (25,000 pounds of shelled pecans) on their SBA size standard of annual these, four importers had a six-year average for four fiscal periods (the fiscal receipts of no more than $30 million. average sales value of pecans which period for which the exemption is These forms are being submitted to exceeded $30 million. The portion of claimed and the previous three fiscal OMB for approval under OMB Control pecan importers that would be periods) could submit to the Board an No. 0581–NEW. Specific burdens for the considered to be ‘‘small’’ under the SBA application for exemption from paying forms are detailed later in this standards, therefore, is 98 percent. assessments. Of the 15,168 domestic document in the section titled The definition of a ‘‘small’’ importer producers considered to be small under Paperwork Reduction Act. As with all also applies to a first handler; that is, SBA standards, 14,618 of them, or 96 Federal promotion programs, reports annual receipts which exceed $30 percent, produced less than 50,000 and forms are periodically reviewed to million. According to the American pounds, inshell, of pecans, and would reduce information requirements and Pecan Council (APC), there were 104 be exempt from assessment. Of the 186 duplication by industry and public first handlers who reported pecans importers considered to be small under sector agencies. handled in crop year 2018. Of these, the SBA standards, 119 of them, or 64 Alternatives To Minimize Impacts of APC estimates that about 75 percent percent, imported less than 50,000 the Rule recorded annual receipts exceeding $30 pounds, inshell of pecans, and would million. also be exempt from assessment. The Regarding alternatives, USDA Of the 15,902 total entities expected reporting and recordkeeping burden to considered de minimis exemptions of to be impacted by this action, including file an application for exemption from 30 acres of pecans, 1,000 pounds, producers, importers, and first handlers, assessment would impact a total of inshell, of pecan volume, and $1 million about 97 percent would be considered 14,737 producers and importers in annual pecan sales receipts. These to be ‘‘small’’ according to their considered to be small under their alternatives, which are fully discussed respective SBA size standards. respective SBA size standards. in the section titled De Minimis, were Importers, and first handlers, who rejected in favor of the industry- Compliance Requirements collect the assessments from producers, proposed de minimis exemption of This proposal would impose a would be required to file a report listing 50,000 pounds, inshell, or 25,000 reporting and recordkeeping burden on pecans imported or received from each pounds, shelled. USDA also considered producers, importers, and first handlers producer. This report would place a the alternative of no action; that is, the of pecans. Producers and importers who reporting and recordkeeping burden on status quo. This alternative, however,

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would leave the pecan industry without Title: Advisory Committee or qualified to serve on the Board. the tools of a research and promotion Research and Promotion Background Organizations representing importers program to strengthen the position of Information. would be able to be certified by the pecans in the marketplace, maintain and OMB Number for background form Secretary and have an opportunity to expand markets for pecans, and develop AD–755: (Approved under OMB No. nominate importer members. Those new uses for pecans. In place of a 0505–0001). such organizations would submit form research and promotion program, the Expiration Date of Approval: 03/31/ ‘‘Application for Certification of NPF discussed amending the 2022. Organization.’’ Agricultural Marketing Agreement Act Title: National Research, Promotion, Regarding assessments, producers and of 1937, which provides authority for and Consumer Information Programs. importers who domestically produce the pecan marketing order. The NPF Expiration Date of Approval: 3 years and import less than 50,000 pounds of stated in its proposal for a pecan from approval date. inshell pecans (25,000 pounds of research and promotion program that it Type of Request: New information shelled pecans) on average for four decided not to move forward with this collection for research and promotion fiscal periods (the fiscal period for alternative due to the time and costs programs. which the exemption is claimed and the involved in amending U.S. law. Abstract: The information collection previous three fiscal periods), would be requirements in the request are essential exempt from assessments. Producers or Outreach to carry out the intent of the 1996 Act. importers would apply to the Board for Regarding outreach efforts, NPF The information collection concerns a an exemption prior to the start of the conducted sessions earlier in 2020 proposal received by USDA for a fiscal period. This would be an annual throughout the United States in national research and promotion exemption; entities would have to different States and regions. Many were program for the pecan industry. The reapply each year. Producers or held in conjunction with regional and program would be financed by an importers could submit a request, state organization meetings where both assessment on pecan producers and ‘‘Application for Exemption from pecan producers and importers importers and would be administered Assessments,’’ to the Board for an participated. They also presented at the by a board of industry members selected exemption from paying assessments. National Pecan Shellers Association by the Secretary. The program would Producers and importers who would (NPSA) mid-winter conference. NPSA provide for an exemption for producers qualify as ‘‘organic’’ or ‘‘100 percent supports and promotes the interest of who produce domestically and organic’’ under the NOP could submit pecan shellers and the global industry. importers that import less than 50,000 an ‘‘Organic Exemption Form’’ to the Approximately 13 sessions were held pounds of inshell pecans (25,000 Board and request an exemption from across the United States. NPF also had pounds of shelled pecans) on average assessments. information regarding the proposed for four fiscal periods (the fiscal period First handlers who receive program published in April 2020 for which the exemption is claimed and assessments from producers would be editions of the ‘‘The Pecan Grower’’ and the previous three fiscal periods). A asked to submit a ‘‘First Handler/ ‘‘Pecan South’’ magazines. ‘‘The Pecan referendum would be held among Importer Report’’ that would accompany Grower’’ is the official publication of the eligible producers and importers to their assessments paid to the Board and Georgia Pecan Growers Association, determine whether they favor report the quantity of pecans received with nearly three-thousand subscribers implementation of the program not later during the applicable period, the including growers, researchers, than three years after assessments first quantity for which assessments were extension agents and agribusinesses. begin under the Order. The purpose of paid, contact information for whom they ‘‘Pecan South’’ is a magazine for the program would be to strengthen the collected the assessment, and the growers, processors, commercial position of pecans in the marketplace, country of export (for imports). vendors, and those interested in pecans. maintain and expand markets for Additionally, only importers who pay It provides to its forty-six hundred plus pecans, and develop new uses for their assessments directly to the Board subscribers U.S. pecan production pecans within the United States. would be required to submit a report. As information; industry news and events; In summary, the information previously mentioned, the majority of and market-related issues, both collection requirements under the importer assessments would be domestic and international. In the program concern Board nominations, collected by Customs. Customs would articles, NPF elaborated the work it has exemption applications, the collection remit the funds to the Board and the been doing to establish a research and and refund of assessments, and other information would be available promotion program for pecans that referenda. For Board nominations, from Customs (i.e., country of export, would assess producers and importers. producers and importers interested in quantity of pecans imported). AMS is committed to complying with serving on the Board would be asked to Importers and producers who are the E-Government Act, to promote the submit a ‘‘Nomination Form’’ to the exempt and whose assessments were use of the internet and other Board indicating their desire to serve or collected, either by Customs or a first information technologies to provide to nominate another industry member to handler, could also request a refund of increased opportunities for citizen serve on the Board. Interested persons any assessments paid to the Board. access to Government information and could also submit a background Producers and importers would also file services, and for other purposes. statement outlining qualifications to a form to request a refund of serve on the Board. Except for the initial assessments paid if the referendum fails Paperwork Reduction Act Board nominations, producers and to pass. A referendum is proposed to be In accordance with the Paperwork importers would have the opportunity conducted three years after the Reduction Act of 1995 (44 U.S.C. to submit a ‘‘Nomination Ballot’’ to the assessments first begin to determine if Chapter 35), AMS announces its Board where they would vote for producers and importers favor intention to request an approval of a candidates to serve on the Board. continuance of the Order. new information collection and Nominees would also have to submit a Lastly, producers and importers recordkeeping requirements for the background information form, ‘‘AD– eligible to vote in a referendum would proposed pecan program. 755,’’ to the Secretary to ensure they are have to complete a ballot to determine

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whether the research and promotion (5) Application for Certification of Estimated Total Annual Burden on program would continue. Organization Respondents: 1,050 hours. Information collection requirements Estimate of Burden: Public reporting (9) Application for Reimbursement of that are included in this proposal burden for this collection of information Assessments include: is estimated to average 0.25 hour. Estimate of Burden: Public reporting (1) Nomination Form Respondents: Importer organizations. Estimated Number of Respondents: 5. burden for this collection of information Estimate of Burden: Public Estimated Number of Responses per is estimated to average 0.25 hour. recordkeeping burden for this collection Respondent: 1. Respondents: Producers and of information is estimated to average Estimated Total Annual Burden on importers. 0.25 hour per application. Respondents: 2.5 hours. Estimated Number of Respondents: Respondents: Producers and 170. (6) Application for Exemption From importers. Estimated Number of Responses per Assessments Estimated Number of Respondents: Respondent: 1. 50. Estimate of Burden: Public reporting Estimated Total Annual Burden on Respondents: 42.5 hours. Estimated Number of Responses per burden for this collection of information Respondent: 1. is estimated to average 0.25 hour per (10) Application for Refund of Estimated Total Annual Burden on producers or importer reporting on Assessments Paid From Escrow Respondents: 12.5 hours. pecans produced domestically or imported. Upon approval of an Estimate of Burden: Public reporting (2) Background Statement application, producers and importers burden for this collection of information would receive exemption certification. is estimated to average 0.25 hour. Estimate of Burden: Public Respondents: Producers and recordkeeping burden for this collection Respondents: Producers and importers who produce or import less importers. of information is estimated to average Estimated Number of Respondents: 0.25 hour per application. than 50,000 pounds of inshell pecans (25,000 pounds of shelled pecans) on 900. Respondents: Producers and average for four fiscal periods (the fiscal Estimated Number of Responses per importers. period for which the exemption is Respondent: 1. Estimated Number of Respondents: claimed and the previous three fiscal Estimated Total Annual Burden on 50. periods). Respondents: 225 hours. Estimated Number of Responses per Estimated Number of Respondents: (11) Referendum Ballot Respondent: 1. 14,737. Estimated Total Annual Burden on Estimated Number of Responses per Estimate of Burden: Public reporting Respondents: 12.5 hours. Respondent: 1. burden for this collection of information is estimated to average 0.25 hour. (3) Nomination Ballot Estimated Total Annual Burden on Respondents: 3,684 hours. Respondents: Producers and Estimate of Burden: Public importers. recordkeeping burden for this collection (7) Organic Exemption Form Estimated Number of Respondents: of information is estimated to average Estimate of Burden: Public 900. 0.25 hour per application. recordkeeping burden for this collection Estimated Number of Responses per Respondents: Producers and of information is estimated to average Respondent: 0.14 (after first referendum importers. 0.5 hours per exemption form. they would occur once every 7 years). Estimated Number of Respondents: Respondents: Organic producers and Estimated Total Annual Burden on 900. importers. Respondents: 31.50 hours. Estimated Number of Responses per Estimated Number of Respondents: (12) A Requirement To Maintain Respondent: 1. 50. Records Sufficient To Verify Reports Estimated Total Annual Burden on Estimated Number of Responses per Submitted Under the Order Respondents: 225 hours. Respondent: 1. Estimated Total Annual Burden on Estimate of Burden: Public (4) Background Information FormAD– Respondents: 25 hours. recordkeeping burden for keeping this 755 (OMB Form No. 0505–0001) information is estimated to average 0.5 (8) First Handler/Importer Report hours per record keeper maintaining Estimate of Burden: Public reporting Estimate of Burden: Public reporting such records. for this collection of information is burden for this collection of information Recordkeepers: Producers, first estimated to average 0.5 hour per is estimated to average 0.5 hour per first handlers and importers. response for each Board nominee. handler or importer. Estimated number of recordkeepers: Respondents: Producers and Respondents: First handlers who 15,902. importers. collect assessments from producers who Estimated total recordkeeping hours: Estimated Number of Respondents: 11 produce over 50,000 pounds of inshell 7,951 hours. (34 for initial nominations to the Board, pecans (25,000 pounds of shelled As noted above, under the proposed 0 for the second year, and up to 11 pecans) on average for four fiscal program, producers through first annually thereafter). periods (the fiscal period for which the handlers, and importers would be Estimated Number of Responses per exemption is claimed and the previous required to pay assessments and file Respondent: 1 every 3 years. (0.3) three fiscal periods) and importers that reports with and submit assessments to Estimated Total Annual Burden on do not remit through Customs. the Board (importers through Customs). Respondents: 17 hours for the initial Estimated Number of Respondents: While the proposed Order would nominations to the Board, 0 hours for 175. impose certain recordkeeping the second year of operation, and up to Estimated Number of Responses per requirements on producers, first 5.5 hours annually thereafter. Respondent: 12. handlers, and importers, information

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required under the proposed Order effectively carry out the requirements of page number of this issue of the Federal could be compiled from records the program, and their use is necessary Register also should be referenced. currently maintained. Such records to fulfill the intent of the 1996 Act. Such Comments should be sent to the same shall be retained for at least three years information can be supplied without addresses referenced in the ADDRESSES beyond the fiscal period of their data processing equipment or outside section of this rule. applicability. technical expertise. In addition, there OMB is required to make a decision An estimated 15,902 respondents are no additional training requirements concerning the collection of information would provide information to the Board for individuals filling out reports and contained in this rule between 30 and (15,608 producers, 104 first handlers, remitting assessments to the Board. The 60 days after publication. Therefore, a and 190 importers). The estimated cost forms would be simple, easy to comment to OMB is best assured of of providing the information to the understand, and place as small a burden having its full effect if OMB receives it Board by respondents would be as possible on the person required to file within 30 days of publication. $630,994. This total has been estimated the information. USDA made modifications to the by multiplying 13,278.5 hours by Collecting information monthly proponent’s proposal to conform with ($36.08 hourly wage × 0.317 benefits = would coincide with normal industry other similar national research and $11.44 (benefits) + $36.08 (wage) = business practices. The timing and promotion programs implemented $47.52), $47.52 for the average mean frequency of collecting information are under the 1996 Act. hourly earnings of producers and intended to meet the needs of the While the proposal set forth below importers plus benefits. industry while minimizing the amount has not received the approval of USDA, Data for computation of the hourly of work necessary to fill out the required it is determined that this proposed rate for producers (Occupation Code 11– reports. The requirement to keep Order is consistent with and would 9013: Farmers, Ranchers, and other records for three years is consistent with effectuate the purposes of the 1996 Act. Agricultural Managers = $38.63) and normal industry practices. In addition, A 60-day comment period is provided importers (Occupation Code 13–1020: the information to be included on these to allow interested persons to respond Buyers and Purchasing Agents = $33.53) forms is not available from other sources to this proposal. All written comments was obtained from the U.S. Department because such information relates received in response to this rule by the of Labor’s Bureau of Labor Statistics. specifically to individual producers, date specified will be considered prior The average of the producer and first handlers and importers who are to finalizing this action. importer wages is $36.08. Data for subject to the provisions of the 1996 List of Subjects in 7 CFR Part 1223 computation of this hourly wage were Act. Therefore, there is no practical obtained from the U.S. Department of method for collecting the required Administrative practice and Labor Statistics’ publication, ‘‘May 2019 information without the use of these procedure, Advertising, Consumer National Occupation Employment and forms. information, Marketing agreements, Wage Estimates in the United States,’’ Pecan promotion, Reporting and updated May 31, 2019. This publication Request for Public Comment Under the recordkeeping requirements. Paperwork Reduction Act can also be found at the following ■ For the reasons set forth in the website: https://www.bls.gov/oes/ Comments are invited on: (a) Whether preamble, it is proposed that title 7, current/oes_nat.htm#45-0000. Data for the proposed collection of information chapter XI of the Code of Federal the benefit costs of 31.7 percent was is necessary for the proper performance Regulations be amended by adding part obtained by U.S. Department of Labor’s of functions of the proposed Order and 1223 to read as follows: Bureau of Labor Statistics press release USDA’s oversight of the proposed dated Dec. 14, 2018. Order, including whether the PART 1223—PECAN PROMOTION, The proposed Order’s provisions have information would have practical RESEARCH, AND INFORMATION been carefully reviewed, and every utility; (b) the accuracy of USDA’s ORDER effort has been made to minimize any estimate of the burden of the proposed unnecessary recordkeeping costs or collection of information, including the Subpart A—Pecan Promotion, Research, and Information Order requirements, including efforts to utilize validity of the methodology and information already submitted under assumptions used; (c) the accuracy of Definitions other programs administered by USDA USDA’s estimate of the principal Sec. and other state programs. USDA producing areas in the United States for 1223.1 Act. currently oversees a marketing order for pecans; (d) the accuracy of USDA’s 1223.2 American Pecan Council. pecans grown in Alabama, Arkansas, estimate of the number of producers, 1223.3 American Pecan Promotion Board. Arizona, California, Florida, Georgia, first handlers and importers of pecans 1223.4 Conflict of interest. Kansas, Louisiana, Missouri, that would be covered under the 1223.5 Customs or CBP. Mississippi, North Carolina, New 1223.6 Department or USDA. program; (e) ways to enhance the 1223.7 First handler. Mexico, Oklahoma, South Carolina, and quality, utility, and clarity of the 1223.8 Fiscal period. Texas, which is authorized under the information to be collected; and (f) ways 1223.9 Importer. Marketing Agricultural Agreement Act to minimize the burden of the collection 1223.10 Information. of 1937. This program collects of information on those who are to 1223.11 Inshell pecans. information to facilitate the respond, including the use of 1223.12 Market or marketing. administration of the program. The appropriate automated, electronic, 1223.13 Order. information collected by the marketing mechanical, or other technological 1223.14 Part and subpart. order has been carefully reviewed and it collection techniques or other forms of 1223.15 Pecans. was determined that the information 1223.16 Person. information technology. 1223.17 Producer. collected could not be utilized to Comments concerning the 1223.18 Programs, plans, and projects. facilitate the administration of the information collection requirements 1223.19 Promotion. research and promotion program. The contained in this action should 1223.20 Research. proposed forms would require the reference OMB No. 0581–NEW. In 1223.21 Secretary. minimum information necessary to addition, the docket number, date, and 1223.22 Shelled pecans.

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1223.23 Suspend. pursuant to 7 CFR part 986 unless (a) Consumer information, which 1223.24 Terminate. otherwise noted. means any action taken to provide 1223.25 United States. information to, and broaden the § 1223.3 American Pecan Promotion American Pecan Promotion Board Board. understanding of, the general public 1223.40 Establishment and membership. regarding the consumption, use, American Pecan Promotion Board or nutritional attributes, and care of 1223.41 Nominations and appointments. the Board means the administrative 1223.42 Term of office. pecans; and 1223.43 Vacancies. body established pursuant to § 1223.40. (b) Industry information, which 1223.44 Procedure. § 1223.4 Conflict of interest. means information and programs that 1223.45 Compensation and reimbursement. Conflict of interest means a situation will lead to the development of new 1223.46 Powers and duties. markets, new marketing strategies, or 1223.47 Prohibited activities. in which a member or employee of the Board has a direct or indirect financial increased efficiency for the pecan Expenses and Assessments interest in a person who performs a industry, and activities to enhance the 1223.50 Budget and expenses. service for, or enters into a contract image of the pecan industry. 1223.51 Financial statements. with, the Board for anything of § 1223.11 Inshell pecans. 1223.52 Assessments. economic value. 1223.53 Exemption procedures. Inshell pecans are nuts whose kernel 1223.54 Refund escrow accounts. § 1223.5 Customs or CBP. is maintained inside the shell. Promotion, Research, and Information Customs or CBP means Customs and § 1223.12 Market or marketing. 1223.55 Programs, plans, and projects. Border Protection, an agency of the United States Department of Homeland (a) Marketing means the sale or other 1223.56 Independent evaluation. disposition of pecans in any channel of 1223.57 Patents, copyrights, trademarks, Security. information, publications, and product commerce. formulations. § 1223.6 Department or USDA. (b) To market means to sell or Department or USDA means the U.S. otherwise dispose of pecans in Reports, Books, and Records Department of Agriculture, or any interstate, foreign, or intrastate 1223.60 Reports. officer or employee of the Department to commerce. 1223.61 Books and records. whom authority has heretofore been 1223.62 Confidential treatment. delegated, or to whom authority may § 1223.13 Order. Miscellaneous hereafter be delegated, to act in the Order means an order issued by the 1223.70 Right of the Secretary. Secretary’s stead. Secretary under section 514 of the Act 1223.71 Referenda. that provides for a program of generic § 1223.7 First handler. 1223.72 Suspension and termination. promotion, research, and information 1223.73 Proceedings after termination. First handler means any person who regarding agricultural commodities 1223.74 Effect of termination or receives, shells, cracks, accumulates, authorized under the Act. amendment. warehouses, roasts, packs, sells, 1223.75 Personal liability. consigns, transports, exports, or ships § 1223.14 Part and subpart. 1223.76 Separability. (except as a common or contract carrier This part is comprised of all rules, 1223.77 Amendments. of pecans owned by another person), or regulations, and supplemental orders 1223.78 OMB control numbers. in any other way puts inshell or shelled issued pursuant to the Act and the Subpart B—Referendum Procedures pecans in the stream of commerce. The Order. The Pecan Promotion, Research, 1223.100 General. term first handler includes a producer and Information Order comprises 1223.101 Definitions. who handles or markets pecans of the subpart A of this part. 1223.102 Voting. producer’s own production. § 1223.15 Pecans. 1223.103 Instructions. 1223.104 Subagents. § 1223.8 Fiscal period. Pecans means and includes any and 1223.105 Ballots. Fiscal period means October 1 to all varieties or subvarieties, inshell or 1223.106 Referendum report. September 30, or such other period as shelled, of the Genus, species: Carya 1223.107 Confidential information. recommended by the Board and illinoinensis grown or imported into the Subpart C—Administrative Provisions approved by the Secretary. United States. 1223.520 Late payment and interest charges § 1223.9 Importer. § 1223.16 Person. for past due assessments. Importer means any person who Person means any individual, group Authority: 7 U.S.C. 7411–7425; 7 U.S.C. imports pecans into the United States as of individuals, partnership, corporation, 7401. a principal or as an agent, broker, or association, cooperative, or any other consignee of any person who produces legal entity. Subpart A—Pecan Promotion, or handles pecans outside of the United Research, and Information Order States for sale in the United States, and § 1223.17 Producer. Definitions who is listed in the import records as Producer is synonymous with grower the importer of record for such pecans. and means any person engaged in the § 1223.1 Act. production and sale of pecans in the Act means the Commodity Promotion, § 1223.10 Information. United States who owns, or who shares Research, and Information Act of 1996 Information means information and in the ownership and risk of loss of such (7 U.S.C. 7411–7425), and any programs that are designed to increase pecans. amendments thereto. efficiency in processing and to develop new markets, marketing strategies, § 1223.18 Programs, plans, and projects. § 1223.2 American Pecan Council. increase market efficiency, and Programs, plans, and projects mean American Pecan Council or APC activities that are designed to enhance those research, promotion, and means that governing body of the the image of pecans on a national or information programs, plans, or projects Federal Marketing Order established international basis. These include: established pursuant to this subpart.

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§ 1223.19 Promotion. (1) Ten (10) producer members: Three known producers for the U.S. market. Promotion means any action taken to (3) each from the Eastern Region and The APC may use regional caucuses, present a favorable image of pecans to Central Region and four (4) from the mail or other methods to elicit potential the general public and the food industry Western Region as follows: nominees. The APC shall submit the for the purpose of improving the (i) Eastern Region shall mean the nominations to the Secretary and competitive position of pecans both in States of Alabama, Florida, Georgia, recommend two nominees for each the United States and abroad and North Carolina, South Carolina plus any Board position specified in paragraph stimulating the sale of pecans. This states in the United States, the majority (a)(1) of § 1223.40. The Department will includes paid advertising and public of whose land mass is in the Eastern conduct initial nominations for the relations. Time Zone, plus any U.S. territories in importer members. The Secretary shall the Atlantic Ocean; appoint the members of the Board. § 1223.20 Research. (ii) Central Region shall mean the (b) Subsequent nominations shall be Research means any type of test, States of Arkansas, Kansas, Louisiana, conducted as follows: study, or analysis designed to advance Mississippi, Missouri, Oklahoma, Texas (1) Nomination of producer members the image, desirability, use, plus any states in the United States, the will be conducted by the Board. The marketability, production, product majority of whose land mass is in the Board staff will seek nominations for development, or quality of pecans, Central Time Zone; and each vacant producer seat from each including research relating to (iii) Western Region shall mean the region from producers who have paid nutritional value, cost of production, States of Arizona, California, New their assessments to the Board in the new product development, varietal Mexico plus any states in the United most recent fiscal period and who development, nutritional value, health States, the majority of whose land mass produced more than 50,000 pounds of research, and marketing of pecans. is in the Mountain or Pacific Time inshell pecans (25,000 pounds of shelled pecans) on average for four § 1223.21 Secretary. Zones, plus Alaska and Hawaii and any U.S. territories in the Pacific Ocean. fiscal periods (the fiscal period for Secretary means the Secretary of (2) Seven (7) importers. which nominations are being conducted Agriculture of the United States, or any (b) Adjustment of membership. At and the previous three fiscal periods). officer or employee of the Department to least once every five years, the Board Producers who produce pecans in more whom authority has heretofore been will review the geographical than one region may seek nomination delegated, or to whom authority may distribution of United States production only in the region in which they hereafter be delegated, to act in the of pecans and the quantity or value of produce the majority of their pecans. Secretary’s stead. imports. The review will be conducted Nominations will be submitted to the § 1223.22 Shelled pecans. through an audit of state crop Board office and placed on a ballot that Shelled pecans are pecans whose production and Customs figures and will be sent to producers in each region shells have been removed leaving only Board assessment records. If warranted, for a vote. Producers may only vote in edible kernels, kernel pieces or pecan the Board will recommend to the the region in which they produce the meal. One pound of shelled pecans is Secretary that the membership on the majority of their pecans. The votes shall the equivalent of two pounds inshell Board be altered to reflect any changes be tabulated for each region with the pecans. in the geographical distribution of nominee receiving the highest number domestic pecan production and the of votes at the top of the list in § 1223.23 Suspend. quantity or value of imports. If the level descending order by vote. Two Suspend means to issue a rule under of imports fluctuates versus domestic candidates for each position shall be section 553 of title 5, U.S.C., to pecan production, importer members submitted to the Secretary; and temporarily prevent the operation of an may be added to or reduced from the (2) Nomination of importer members order or part thereof during a particular Board. will be conducted by the Board. All period of time specified in the rule. (c) Board’s ability to serve the qualified national organizations diversity of the industry. When making representing importer interests will § 1223.24 Terminate. recommendations for appointments, the have the opportunity to nominate Terminate means to issue a rule under industry should take into account the members to serve on the Board. If the section 553 of title 5, U.S.C., to cancel diversity of the population served and Secretary determines that there are no permanently the operation of an order the knowledge, skills, and abilities of qualified national organizations or part thereof beginning on a date the members to serve a diverse representing importer interests, certain specified in the rule. population, size of the operations, individual importers who have paid assessments to the Board in the most § 1223.25 United States. methods of production and distribution, and other distinguishing factors to recent fiscal period and imported more United States means collectively the ensure that the recommendations of the than 50,000 pounds of inshell pecans 50 states, the District of Columbia, the Board take into account the diverse (25,000 pounds of shelled pecans) on Commonwealth of Puerto Rico, and the interest of persons responsible for average for four fiscal periods (the fiscal territories and possessions of the United paying assessments, and others in the period for which nominations are being States. marketing chain, if appropriate. conducted and the previous three fiscal American Pecan Promotion Board periods) may submit nominations. The § 1223.41 Nominations and appointments. names of importer nominees shall be § 1223.40 Establishment and membership. (a) Initial nominations for producers placed on a ballot and mailed to (a) Establishment of the American will be submitted to the Secretary by the importers for a vote. The votes shall be Pecan Promotion Board. There is hereby American Pecan Council (APC), or the tabulated with the nominee receiving established an American Pecan Department if appropriate. Before the highest number of votes at the top Promotion Board, called the Board in considering any nominations, the APC of the list in descending order by vote. this part, comprised of seventeen (17) shall publicize the nomination process, Two candidates for each importer Board members, appointed by the Secretary using trade press or other means it position shall be submitted to the from nominations as follows: deems appropriate, to reach out to all Secretary. To be certified by the

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Secretary as a qualified national § 1223.43 Vacancies. reimbursed for reasonable travel organization representing importer (a) In the event that any member of expenses, as approved by the Board. interests, an organization must meet the the Board ceases to work for or be (f) In lieu of voting at a properly following criteria, as evidenced by a affiliated with the category of members convened meeting and, when in the report submitted by the organization to from which the member was appointed opinion of the Chairperson of the Board the Secretary: to the Board, such position shall such action is considered necessary, the (i) The organization’s voting automatically become vacant. Board may take action if supported by membership must be comprised (b) If a member of the Board one vote more than 50 percent of the primarily of importers of pecans; consistently refuses to perform the members by mail, telephone, electronic (ii) The organization has a history of duties of a member of the Board, or if mail, facsimile, or any other means of stability and permanency and has been a member of the Board engages in acts communication, and all telephone votes in existence for more than one year; of dishonesty or willful misconduct, the shall be confirmed promptly in writing. (iii) The organization must derive a Board may recommend to the Secretary In that event, all members and the portion of its operating funds from that the member be removed from office. Secretary must be notified and all importers; If the Secretary finds the members must be provided the (iv) The organization must recommendation of the Board shows opportunity to vote. Any action so taken demonstrate it is willing and able to adequate cause, the Secretary shall shall have the same force and effect as further the Act and Order’s purposes; remove such member from office. though such action had been taken at a properly convened meeting of the and (c) Without recommendation of the (v) To be certified by the Secretary as Board. All votes shall be recorded in Board, a member may be removed by a qualified national organization Board minutes. the Secretary upon showing of adequate representing importer interests, an (g) There shall be no voting by proxy. cause, including the continued failure organization must agree to take (h) The Chairperson shall be a voting by a member to submit reports or remit reasonable steps to publicize to non- member. assessments required under this part, if members the availability of open Board (i) The organization of the Board and the Secretary determines that such importer positions. the procedures for the conducting of member’s continued service would be (c) Producer and importer nominees meetings of the Board shall be in detrimental to the achievement of the may provide the Board a short accordance with its bylaws, which shall purposes of the Act. background statement outlining their be established by the Board and (d) Should the position of a member qualifications to serve on the Board. approved by the Secretary. become vacant, successors for the (d) Nominees must be in compliance § 1223.45 Compensation and with the applicable provisions of this unexpired terms of such member shall be appointed in the manner specified in reimbursement. subpart. The members of the Board when (e) The Board must submit §§ 1223.40 and 1223.41, except that said nomination and replacement shall not acting as members, shall serve without nominations to the Secretary at least six compensation but shall be reimbursed months before the new Board term be required if said unexpired terms are less than six months. for reasonable travel expenses, as begins. The Secretary shall appoint the approved by the Board, incurred by members of the Board. § 1223.44 Procedure. them in the performance of their duties (f) No two members shall be (a) At a Board meeting, it will be as Board members. employed by a single corporation, considered a quorum when a majority of company, partnership, or any other legal § 1223.46 Powers and duties. members are present. entity. (b) At the start of each fiscal period, The Board shall have the following (g) The Board may recommend to the powers and duties: the Board will select a chairperson and Secretary modifications to its (a) To administer this subpart in vice chairperson who will conduct nomination procedures as it deems accordance with its terms and appropriate. Any such modifications meetings and appoint committee conditions and to collect assessments; shall be implemented through membership throughout that period. (b) To develop and recommend to the rulemaking by the Secretary. (c) All Board and committee members Secretary for approval such bylaws as will receive a minimum of 10 days may be necessary for the functioning of § 1223.42 Term of office. advance notice of all Board and the Board, and such rules as may be (a) With the exception of the initial committee meetings, unless an necessary to administer this subpart, Board, each Board member will serve a emergency meeting is declared by the including activities authorized to be three-year term or until the Secretary Chairperson. carried out under this subpart; selects his or her successor. Each term (d) Each member of the Board will be (c) To meet, organize, and select from of office shall begin on October 1 and entitled to one vote on any matter put among the members of the Board a end on September 30. No member may to the Board, and the motion will carry chairperson, other officers, committees, serve more than two consecutive terms, if supported by one vote more than 50 and subcommittees, as the Board excluding any term of office less than percent of the total votes represented by determines to be appropriate; three years. the Board members present. (d) To employ persons, other than the (b) For the initial board, the terms of (e) It will be considered a quorum at Board members, or to enter into Board members shall be staggered for a committee meeting when at least one contracts, other than with Board two, three, and four years. more than half of those assigned to the members, as the Board considers Determination of which of the initial committee are present. Committees may necessary to assist the Board in carrying members shall serve a term of two, also consist of individuals other than out its duties and to determine the three, or four years shall be determined Board members and such individuals compensation and specify the duties of at random. Those members serving an may vote in committee meetings. These such persons, or to determine the initial term of two, three, or four years committee members shall be appointed contractual terms of such parties; may serve one successive three-year by the Chairperson and shall serve (e) To develop programs and projects, term. without compensation but shall be and enter into contracts or agreements,

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which must be approved by the Secretary’s representative(s) may attend (4) Staff and administrative expense Secretary before becoming effective, for such meetings, and to keep and report breakdowns, with comparative data for the development and carrying out of minutes of each meeting of the Board to at least one preceding year (except for programs or projects of research, the Secretary; the initial budget). information, or promotion, and the (k) To act as intermediary between the (b) Each budget shall provide payment of costs thereof with funds Secretary and any producer, first adequate funds to defray its proposed collected pursuant to this subpart. Each handler, or importer; expenditures and to provide for a contract or agreement shall provide that (l) To furnish to the Secretary any reserve as set forth in this subpart. any person who enters into a contract or information or records that the Secretary (c) Subject to this section, any agreement with the Board shall develop may request; amendment or addition to an approved and submit to the Board a proposed (m) To receive, investigate, and report budget must be approved by the activity; keep accurate records of all of to the Secretary complaints of violations Secretary, including shifting funds from its transactions relating to the contract of this subpart; one program, plan, or project to another. or agreement; account for funds (n) To recommend to the Secretary Shifts of funds which do not cause an received and expended in connection such amendments to this subpart as the increase in the Board’s approved budget with the contract or agreement; make Board considers appropriate; and and which are consistent with periodic reports to the Board of (o) To work to achieve an effective, governing bylaws need not have prior activities conducted under the contract continuous, and coordinated program of approval by the Secretary. or agreement; and make such other promotion, research, consumer (d) The Board is authorized to incur reports available as the Board or the information, evaluation, and industry such expenses, including provision for Secretary considers relevant. Any information designed to strengthen the a reasonable reserve, as the Secretary contract or agreement shall provide that: pecan industry’s position in the finds are reasonable and likely to be (1) The contractor or agreeing party marketplace; maintain and expand incurred by the Board for its shall develop and submit to the Board existing markets and uses for pecans; maintenance and functioning, and to a program, plan, or project together with and to carry out programs, plans, and enable it to exercise its powers and a budget or budgets that shall show the projects designed to provide maximum perform its duties in accordance with estimated cost to be incurred for such benefits to the pecan industry. the provisions of this subpart. Such program, plan, or project; expenses shall be paid from funds (2) The contractor or agreeing party § 1223.47 Prohibited activities. received by the Board. shall keep accurate records of all its The Board may not engage in, and (e) With approval of the Secretary, the transactions and make periodic reports shall prohibit the employees and agents Board may borrow money for the to the Board of activities conducted, of the Board from engaging in: payment of administrative expenses, submit accounting for funds received (a) Any action that would be a conflict subject to the same fiscal, budget, and and expended, and make such other of interest; and audit controls as other funds of the reports as the Secretary or the Board (b) Using funds collected by the Board Board. Any funds borrowed by the may require; under this subpart to undertake any Board shall be expended only for (3) The Secretary may audit the action for the purpose of influencing startup costs and capital outlays and are records of the contracting or agreeing legislation or governmental action or limited to the first year of operation of party periodically; and policy, by local, state, national, and the Board. (4) Any subcontractor who enters into foreign governments, other than (f) The Board may accept voluntary a contract with a Board contractor and recommending to the Secretary contributions, but these shall only be who receives or otherwise uses funds amendments to this subpart. used to pay expenses incurred in the allocated by the Board shall be subject (c) No program, plan, or project conduct of programs, plans, and to the same provisions as the contractor; including advertising shall be false or projects. Such contributions shall be (f) To prepare and submit for approval misleading or disparaging to another of the Secretary fiscal period budgets in free from any encumbrance by the donor agricultural commodity. Pecans of all and the Board shall retain complete accordance with § 1223.50; origins shall be treated equally. (g) To invest assessments collected control of their use. under this part in accordance with Expenses and Assessments (g) The Board may also receive funds § 1223.50; provided through the Department’s (h) To maintain such records and § 1223.50 Budget and expenses. Foreign Agricultural Service or from books and prepare and submit such (a) At least 60 days prior to the other sources, for authorized activities. reports and records from time to time to beginning of each fiscal period, and as (h) The Board shall reimburse the the Secretary as the Secretary may may be necessary thereafter, the Board Secretary for all expenses incurred by prescribe; to make appropriate shall prepare and submit to the the Secretary in the implementation, accounting with respect to the receipt Secretary a budget for the fiscal period administration, and supervision of this and disbursement of all funds entrusted covering its anticipated expenses and subpart, including all referendum costs to it; and to keep records that accurately disbursements in administering this in connection with this subpart. reflect the actions and transactions of subpart. Each such budget shall include: (i) For fiscal periods beginning three the Board; (1) A statement of objectives and (3) or more years after the date of the (i) To cause its books to be audited by strategy for each program, plan, or establishment of the Board, the Board a competent auditor at the end of each project; may not expend for administration, fiscal period and at such other times as (2) A summary of anticipated revenue, maintenance, and functioning of the the Secretary may request, and to with comparative data for at least one Board in any fiscal period an amount submit a report of the audit directly to preceding year (except for the initial that exceeds 15 percent of the the Secretary; budget); assessments and other income received (j) To give the Secretary the same (3) A summary of proposed by the Board for that fiscal period. notice of meetings of the Board as is expenditures for each program, plan, or Reimbursements to the Secretary given to members in order that the project; and required under paragraph (h) of this

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section are excluded from this the responsibility of the first handler end of the previous month after the limitation on spending. receiving the pecans from producers. In assessed pecans were imported into the (j) The Board may establish an the case of the producer acting as its United States. operating monetary reserve and may own first handler, the producer will be (f) Persons failing to remit total carry over to subsequent fiscal periods required to collect and remit its assessments due in a timely manner excess funds in any reserve so individual assessments. may also be subject to actions under established: Provided that the funds in (1) First handlers may remit Federal debt collection procedures. the reserve do not exceed the last two assessments to a third-party collection (g) The Board may authorize other fiscal periods’ budget of expenses. agent under this subpart. organizations to collect assessments on Subject to approval by the Secretary, (2) First handlers may also remit its behalf with the approval of the such reserve funds may be used to assessments directly to the Board. Secretary. (c) Such assessments shall be levied at defray any expenses authorized under § 1223.53 Exemption procedures. this part. $0.02 per pound on all inshell pecans (k) Pending disbursement of and $0.04 per pound on all shelled (a) De minimis. An exemption from assessments and all other revenue under pecans. The assessment rate may be payment of assessments as provided in a budget approved by the Secretary, the reviewed and modified with the § 1223.52, shall be provided to Board may invest assessments and all approval of the Secretary. A change in producers that domestically produce other revenues collected under this part the assessment rate is subject to and importers that import less than in: rulemaking by the Secretary. 50,000 pounds of inshell pecans (25,000 (1) Obligations of the United States or (d) All assessment payments and pounds of shelled pecans) on average any agency of the United States; reports will be submitted to the office of for four fiscal periods (the fiscal period (2) General obligations of any State or the Board. All assessment payments for for which the exemption is claimed and any political subdivision of a State; a fiscal period are to be received no later the previous three fiscal periods) as (3) Interest bearing accounts or than the 10th of the month following the follows: certificates of deposit of financial end of the previous month. A late (1) Any producer who desires to claim institutions that are members of the payment charge shall be imposed on an exemption from assessments shall Federal Reserve System; any producer and importer who fails to file an application on a form provided (4) Obligations fully guaranteed as to remit to the Board, the total amount for by the Board, for a certificate of principal interest by the United States; which any such producer and importer exemption for each fiscal period or is liable on or before the due date claiming an exemption. Such producer (5) Other investments as authorized established by the Board on forms shall certify that it will domestically by the Secretary. approved by the Secretary. In addition produce less than 50,000 pounds of to the late payment charge, an interest inshell pecans (25,000 pounds of § 1223.51 Financial statements. charge shall be imposed on the shelled pecans) on average for four (a) The Board shall prepare and outstanding amount for which the fiscal periods (the fiscal period for submit financial statements to the producer and importer is liable. The rate which the exemption is claimed and the Secretary on a monthly or quarterly of interest shall be prescribed in previous three fiscal periods). It is the basis or at any other time as requested regulations issued by the Secretary. responsibility of the producer to retain by the Secretary. Each such financial (e) Each importer of pecans shall pay a copy of the certificate of exemption. statement shall include, but not be an assessment to the Board on pecans (2) Any importer who desires to claim limited to, a balance sheet, income imported for marketing in the United an exemption from assessments shall statement, and expense budget. The States, through Customs. file an application on a form provided expense budget shall show expenditures (1) The assessment rate for imported by the Board, for a certificate of during the time period covered by the pecans shall be the same or equivalent exemption for each fiscal period report, year-to-date expenditures, and to the rate for pecans produced in the claiming an exemption. Such importer the unexpended budget. United States. shall certify that it will import less than (b) Each financial statement shall be (2) The import assessment shall be 50,000 pounds of inshell pecans (25,000 submitted to the Secretary within 30 uniformly applied to imported pecans pounds of shelled pecans) on average days after the end of the time period to that are identified by the number for four fiscal periods (the fiscal period which it applies. 0802.90.10.00 and 0802.90.15.00 in the for which the exemption is claimed and (c) The Board shall submit annually to Harmonized Tariff Schedule (HTS) of the previous three fiscal periods). It is the Secretary an annual financial the United States or any other numbers the responsibility of the importer to statement within 90 days after the end used to identify pecans in that schedule. retain a copy of the certificate of of the fiscal period to which it applies. (3) In the event that any HTS number exemption. is subject to assessment is changed and (3) On receipt of an exemption § 1223.52 Assessments. such change is merely a replacement of application, the Board shall determine (a) The funds to cover the Board’s a previous number and has no impact whether an exemption may be granted expenses shall be paid from assessments on the description of pecans, assessment for that fiscal period. The Board will on producers and importers, other will continue to be collected based on then issue, if deemed appropriate, a income of the Board, and other funds the new numbers. certificate of exemption to the producer available to the Board including those (4) The assessment due on imported or importer which is eligible to receive collected pursuant to § 1223.57 and pecans shall be paid when they enter, or one covering that fiscal period. The subject to the limitations contained in are withdrawn from warehouse, for Board may request persons applying for § 1223.57. consumption in the United States. the exemption to provide supporting (b) Each producer shall pay an (5) If Customs does not collect an documentation, such as past sales assessment per pound of pecans assessment from an importer, the receipts or import data. produced in the United States. The importer is responsible for paying the (4) The Board, with the Secretary’s collection of assessments on pecans assessment directly to the Board no later approval, may require persons receiving produced in the United States will be than the 10th of the month following the an exemption from assessments to

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provide to the Board reports on the products that do not qualify for an exempted shall continue to be obligated disposition of exempt pecans and, in the exemption under this section. to pay assessments under this part that case of importers, proof of payment of (2) To apply for exemption under this are associated with any imported assessments. section, an eligible producer shall agricultural products that do not qualify (5) The exemption will apply submit a request to the Board on an for an exemption under this section. immediately following the issuance of Organic Exemption Request Form (Form (6) If Customs collects the assessment the certificate of exemption. AMS–15) at any time during the fiscal on exempt product under paragraph (6) Producers and importers who period initially, and annually thereafter (c)(5) of this section that is identified as received an exemption certificate from on or before the start of the fiscal period, ‘‘organic’’ by a number in the the Board but domestically produced or for as long as the producer continues to Harmonized Tariff Schedule, the Board imported more than 50,000 pounds of be eligible for the exemption. must reimburse the exempt importer the inshell pecans (25,000 shelled of (3) A producer request for exemption assessments paid upon receipt of such pecans) on average for four fiscal shall include the following: assessments from Customs. For all other periods (the fiscal period for which the (i) The applicant’s full name, exempt organic product for which exemption is claimed and the previous company name, address, telephone and Customs collects the assessment, the three fiscal periods) during the fiscal fax numbers, and email address; importer may apply to the Board for a period shall pay the Board the (ii) Certification that the applicant reimbursement of assessments paid, and applicable assessments owed and maintains a valid certificate of organic the importer must submit satisfactory submit any necessary reports to the operation issued under the OFPA and proof to the Board that the importer Board pursuant to § 1223.60. the NOP; paid the assessment on exempt organic (iii) Certification that the applicant (b) Assessment refunds. Importers and product. produces organic products eligible to be producers who are exempt from (7) The exemption will apply labeled ‘‘organic’’ or ‘‘100 percent assessment shall be eligible for a refund immediately following the issuance of organic’’ under the NOP; the Certificate of Exemption. of assessments collected, either by (iv) A requirement that the applicant Customs or a first handler. Requests for attach a copy of their certificate of § 1223.54 Refund escrow accounts. such assessment refunds must be organic operation issued by a USDA- (a) The Board shall establish an submitted to the Board within 90 days accredited certifying agent; interest bearing escrow account with a of the last day in the fiscal period when (v) Certification, as evidenced by financial institution that is a member of assessments were collected on such signature and date, that all information the Federal Reserve System and will producer’s or importer’s pecans. No provided by the applicant is true; and deposit into such account an amount interest will be paid on such (vi) Such other information as may be equal to 10 percent of the assessments assessments. The Board shall refund required by the Board, with the collected during the period beginning such assessments no later than 60 approval of the Secretary. on the effective date of the Order and calendar days after receipt by the Board (4) If a producer complies with the ending on the date the Secretary of information justifying the exemption requirements of this section, the Board announces the results of the required from assessment. will grant an assessment exemption and referendum. (c) Organic. (1) A producer who issue a Certificate of Exemption to the (b) If the Order is not approved by the domestically produces pecans under an producer within 30 days. If the required referendum, the Board shall approved National Organic Program (7 application is disapproved, the Board promptly pay refunds of assessments to CFR part 205) (NOP) organic production will notify the applicant of the reason(s) all producers and importers that have system plan may be exempt from the for disapproval within the same paid assessments during the period payment of assessments under this part, timeframe. beginning on the effective date of the provided that: (5) An importer who imports pecans Order and ending on the date the (i) Only agricultural products certified that are eligible to be labeled as Secretary announces the results of the as ‘‘organic’’ or ‘‘100 percent organic’’ ‘‘organic’’ or ‘‘100 percent organic’’ required referendum in the manner (as defined in the NOP) are eligible for under the NOP, or certified as ‘‘organic’’ specified in paragraph (c) of this exemption; or ‘‘100 percent organic’’ under a U.S. section. (ii) The exemption shall apply to all equivalency arrangement established (c) If the amount deposited in the certified ‘‘organic’’ or ‘‘100 percent under the NOP, may be exempt from the escrow account is less than the amount organic’’ (as defined in the NOP) payment of assessments. Such importer of all refunds that producers and products of a producer regardless of may submit documentation to the Board importers subject to this subpart have a whether the agricultural commodity and request an exemption from right to receive, the Board shall prorate subject to the exemption is produced by assessment on certified ‘‘organic’’ or the amount deposited in such account a person that also produces ‘‘100 percent organic’’ pecans on an among all producers and importers who conventional or nonorganic agricultural Organic Exemption Request Form (Form desire a refund of assessments paid no products of the same agricultural AMS–15) at any time initially, and later than 90 days after the required commodity as that for which the annually thereafter on or before the referendum results are announced by exemption is claimed; beginning of the fiscal period, as long as the Secretary. (iii) The producer maintains a valid the importer continues to be eligible for (d) Any producer or importer certificate of organic operation as issued the exemption. This documentation requesting a refund shall submit an under the Organic Foods Production Act shall include the same information application on the prescribed form to of 1990 (7 U.S.C. 6501–6522) (OFPA) required of a producer in paragraph the Board within 60 days from the date and the NOP regulations issued under (c)(3) of this section. If the importer the results of the required referendum OFPA (7 CFR part 205); and complies with the requirements of this are announced by the Secretary. The (iv) Any producer so exempted shall section, the Board will grant the producer and importer shall also submit continue to be obligated to pay exemption and issue a Certificate of documentation to substantiate that assessments under this part that are Exemption to the importer within the assessments were paid. Any such associated with any agricultural applicable timeframe. Any importer so demand shall be made by such producer

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or importer in accordance with the § 1223.57 Patents, copyrights, trademarks, § 1223.62 Confidential treatment. provisions of this subpart and in a information, publications, and product All information obtained from books, manner consistent with the regulations formulations. records, or reports under the Act and in this part. Patents, copyrights, trademarks, this part shall be kept confidential by all (e) If the Order is approved by the information, publications, and product persons, including all employees and required referendum conducted under formulations developed through the use former employees of the Board, all § 1223.71 then: of funds received by the Board under officers and employees and former (1) The escrow account shall be this subpart shall be the property of the officers and employees of contracting closed; and, U.S. Government as represented by the and subcontracting agencies or agreeing Board and shall, along with any rents, (2) The funds shall be available to the parties having access to such royalties, residual payments, or other Board for disbursement under § 1223.50. information. Such information shall not income from the rental, sales, leasing, be available to Board members, Promotion, Research, and Information franchising, or other uses of such producers, importers, or first handlers. patents, copyrights, trademarks, Only those persons having a specific § 1223.55 Programs, plans, and projects. information, publications, or product need for such information to effectively (a) The Board shall receive and formulations, inure to the benefit of the administer the provisions of this subpart evaluate, or on its own initiative Board; shall be considered income shall have access to such information. develop, and submit to the Secretary for subject to the same fiscal, budget, and Only such information so obtained as approval any program, plan, or project audit controls as other funds of the the Secretary deems relevant shall be authorized under this subpart. Such Board; and may be licensed subject to disclosed by them, and then only in a programs, plans, or projects shall approval by the Secretary. Upon judicial proceeding or administrative provide for: termination of this subpart, § 1223.73 hearing brought at the direction, or on (1) The establishment, issuance, shall apply to determine disposition of the request, of the Secretary, or to which effectuation, and administration of all such property. the Secretary or any officer of the United States is a party and involving appropriate programs for promotion, Reports, Books, and Records research, and information, including this subpart. Nothing in this section producer and consumer information, § 1223.60 Reports. shall be deemed to prohibit: with respect to pecans; and (a) Each first handler, producer, or (a) The issuance of general statements (2) The establishment and conduct of importer subject to this subpart shall be based upon the reports of the number of research with respect to the use, required to provide to the Board persons subject to this subpart or nutritional value, sale, distribution, and periodically such information as statistical data collected therefrom, marketing of pecans, and the creation of required by the Board, with the which statements will not identify the new products thereof, to the end that approval of the Secretary, which may information furnished by any person; the marketing and use of pecans may be include but not be limited to the and (b) The publication, by direction of encouraged, expanded, improved, or following: the Secretary, of the name of any person made more acceptable and to advance (1) First handler must report or who has been adjudged to have violated the image, desirability, or quality of producer acting as its own first handler: this subpart, together with a statement pecans. (i) Number of pounds handled; (ii) Number of pounds on which an of the particular provisions of this (b) No program, plan, or project shall subpart violated by such person. be implemented prior to its approval by assessment was collected; the Secretary. Once a program, plan, or (iii) Name, address and other contact Miscellaneous information from whom the first project is so approved, the Board shall § 1223.70 Right of the Secretary. take appropriate steps to implement it. handler has collected the assessments All fiscal matters, programs, plans, or (c) Each program, plan, or project on each pound handled; and (iv) Date collection was made on each projects, rules or regulations, reports, or implemented under this subpart shall be pound handled. other substantive actions proposed and reviewed or evaluated periodically by (2) Unless provided by Customs, prepared by the Board shall be the Board to ensure that it contributes importer must report: submitted to the Secretary for approval. to an effective program of promotion, (i) Number of pounds imported; research, or information. If it is found by (ii) Number of pounds on which an § 1223.71 Referenda. the Board that any such program, plan, assessment was paid; (a) Required referendum. For the or project does not contribute to an (iii) Name, address, and other contact purpose of ascertaining whether the effective program of promotion, information of the importer; and persons subject to this subpart favor the research, or information, then the Board (iv) Date assessment was paid on each continuation, suspension, amendment, shall terminate such program, plan, or pound imported. or termination of this subpart, the project. (b) These reports shall accompany the Secretary shall conduct a referendum among persons subject to assessments § 1223.56 Independent evaluation. payment of the collected assessments. under § 1223.52 who, during a The Board shall, not less often than § 1223.61 Books and records. representative period determined by the every five years, authorize and fund, Each producer, first handler, and Secretary, have engaged in the from funds otherwise available to the importer subject to this subpart shall production or importation of pecans: Board, an independent evaluation of the maintain and make available for (1) The required referendum shall be effectiveness of the Order and other inspection by the Secretary such books conducted not later than 3 years after programs conducted by the Board and records as are necessary to carry out assessments first begin under the Order; pursuant to the Act. The Board shall the provisions of this part, including and submit to the Secretary, and make such records as are necessary to verify (2) The Order will be approved in a available to the public, the results of any reports required. Such records shall referendum if a majority of producers each periodic independent evaluation be retained for at least 3 years beyond and importers vote for approval in the conducted under this section. the fiscal period of their applicability. referendum.

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(b) Subsequent referenda. The Board, including claims for any funds § 1223.76 Separability. Secretary shall conduct subsequent unpaid or property not delivered, or any If any provision of this subpart is referenda: other claim existing at the time of such declared invalid or the applicability (1) For the purpose of ascertaining termination. thereof to any person or circumstances whether producers and importers favor (b) The said trustees shall: is held invalid, the validity of the the continuation, suspension, or (1) Continue in such capacity until remainder of this subpart or the termination of the Order; discharged by the Secretary; applicability thereof to other persons or (2) Every seven years the Secretary (2) Carry out the obligations of the circumstances shall not be affected shall hold a referendum to determine Board under any contracts or thereby. whether producers and importers of agreements entered into pursuant to this pecans favor the continuation of the § 1223.77 Amendments. subpart; Order. The Order shall continue if it is Amendments to this subpart may be favored by a majority of producers and (3) From time to time account for all proposed from time to time by the Board importers voting for approval in the receipts and disbursements and deliver or by any interested person affected by referendum who have been engaged in all property on hand, together with all the provisions of the Act, including the the production or importation of pecans; books and records of the Board and the Secretary. trustees, to such person or persons as (3) At the request of the Board § 1223.78 OMB control numbers. established in this subpart; the Secretary may direct; and (4) At the request of 10 percent or (4) Upon request of the Secretary The control number assigned to the more of the number of persons eligible execute such assignments or other information collection requirements by to vote in a referendum as set forth instruments necessary and appropriate the Office of Management and Budget under the Order; or to vest in such person’s title and right pursuant to the Paperwork Reduction (5) At any time as determined by the to all funds, property, and claims vested Act of 1995, 44 U.S.C. Chapter 35, is Secretary. in the Board or the trustees pursuant to OMB control number 0581–NEW, this subpart. except for the Board nominee § 1223.72 Suspension and termination. (c) Any person to whom funds, background statement form which is (a) The Secretary shall suspend or property, or claims have been assigned OMB control number 0505– terminate this part or subpart or a transferred or delivered pursuant to this 0001. provision thereof if the Secretary finds subpart shall be subject to the same Subpart B—Referendum Procedures that this part or subpart or a provision obligations imposed upon the Board and thereof obstructs or does not tend to upon the trustees. § 1223.100 General. effectuate the purposes of the Act, or if (d) Any residual funds not required to Referenda to determine whether the Secretary determines that this part defray the necessary expenses of eligible pecan producers and importers or subpart or a provision thereof is not liquidation shall be turned over to the favor the issuance, amendment, favored by persons voting in a Secretary to be disposed of, to the extent suspension, or termination of the Pecan referendum conducted pursuant to the practical, to the pecan producer Promotion, Research, and Information Act. organizations in the interest of Order shall be conducted in accordance (b) The Secretary shall suspend or continuing pecan promotion, research, with this subpart. terminate this subpart at the end of the and information programs. fiscal period whenever the Secretary § 1223.101 Definitions. determines that its suspension or § 1223.74 Effect of termination or (a) Administrator means the termination is approved or favored by a amendment. Administrator of the Agricultural majority of producers and importers Unless otherwise expressly provided Marketing Service, with power to voting for approval who, during a by the Secretary, the termination of this redelegate, or any officer or employees representative period determined by the part, or the issuance of any amendment of the U.S. Department of Agriculture to Secretary, have been engaged in the to this part, shall not: whom authority has been delegated or production or importation of pecans. (a) Affect or waive any right, duty, may hereafter be delegated to act in the (c) If, as a result of a referendum the obligation, or liability which shall have Administrator’s stead. Secretary determines that this subpart is (b) Eligible importer means any arisen, or which may thereafter arise in not approved, the Secretary shall: person who, during the representative connection with any provision of this (1) Not later than 180 days after period, was subject to the Order and part; or making the determination, suspend or required to pay assessments on pecans terminate, as the case may be, collection (b) Release or extinguish any violation imported into the United States. of assessments under this subpart; and of this part; or (c) Eligible producer means any (2) As soon as practical, suspend or (c) Affect or impair any rights or person who, during the representative terminate, as the case may be, activities remedies of the United States, or of the period, was subject to the Order and under this subpart in an orderly Secretary or of any other persons, with required to pay assessments on pecans manner. respect to any such violation. produced in the United States. (d) Order means subpart A of this § 1223.75 Personal liability. § 1223.73 Proceedings after termination. part, the Pecan Promotion, Research, (a) Upon the termination of this No member or employee of the Board and Information Order. subpart, the Board shall recommend not shall be held personally responsible, (e) Pecans means and includes any more than three of its members to the either individually or jointly with and all varieties or subvarieties, inshell Secretary to serve as trustees for the others, in any way whatsoever, to any and shelled, of Carya illinoinensis purpose of liquidating the affairs of the person for errors in judgment, mistakes, grown or imported into the United Board. Such persons, upon designation or other acts, either of commission or States. by the Secretary, shall become trustees omission, as such member or employee, (f) Person means any individual, of all of the funds and property then in except for acts of dishonesty or willful group of individuals, partnership, the possession or under control of the misconduct. corporation, association, cooperative, or

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any other legal entity. For the purpose § 1223.103 Instructions. should be challenged for any reason, the of this paragraph (f), the term The referendum agent shall conduct agent or subagent shall endorse above ‘‘partnership’’ includes, but is not the referendum, in the manner provided their signature, on the ballot, a limited to: in this section, under the supervision of statement to the effect that such ballot (1) A husband and a wife who have the Administrator. The Administrator was challenged, by whom challenged, title to, or leasehold interest in, a pecan may prescribe additional instructions, the reasons therefore, the results of any farm as tenants in common, joint not inconsistent with the provisions in investigations made with respect tenants, tenants by the entirety, or, this section, to govern the procedure to thereto, and the disposition thereof. under community property laws, as be followed by the referendum agent. Ballots invalid under this subpart shall community property; and Such agent shall: not be counted. (2) So-called ‘‘joint ventures’’ wherein (a) Determine the period during one or more parties to an agreement, which ballots may be cast. § 1223.106 Referendum report. informal or otherwise, contributed land (b) Provide ballots and related and others contributed capital, labor, Except as otherwise directed, the material to be used in the referendum. referendum agent shall prepare and management, or other services, or any The ballot shall provide for recording submit to the Administrator a report on variation of such contributions by two essential information, including that the results of the referendum, the or more parties. needed for ascertaining whether the manner in which it was conducted, the (g) Referendum agent or agent means person voting, or on whose behalf the extent and kind of public notice given, the individual or individuals designated vote is cast, is an eligible voter. and other information pertinent to the by the Secretary to conduct the (c) Give reasonable public notice of analysis of the referendum and its referendum. the referendum: (h) Representative period means the (1) By utilizing available media or results. period designated by the Secretary. public information sources, without § 1223.107 Confidential information. (i) United States means collectively incurring advertising expense, to the 50 states, the District of Columbia, publicize the dates, places, method of The ballots and other information or the Commonwealth of Puerto Rico, and voting, eligibility requirements, and reports that reveal, or tend to reveal, the the territories and possessions of the other pertinent information. Such vote of any person covered under the United States. sources of publicity may include, but Act and the voting list shall be held § 1223.102 Voting. are not limited to, print and radio; and confidential and shall not be disclosed. (2) By such other means as the agent (a) Each person who is an eligible may deem advisable. Subpart C—Administrative Provisions producer or an eligible importer, as (d) Mail to eligible producers and defined in this subpart, at the time of § 1223.520 Late payment and interest eligible importers whose names and the referendum and during the charges for past due assessments. addresses are known to the referendum representative period, shall be entitled agent, the instructions on voting, a (a) A late payment charge will be to cast only one ballot in the ballot, and a summary of the terms and imposed on any producer, first handler referendum. However, each producer in conditions of the proposed Order. No or importer who fails to make timely a landlord-tenant relationship or a person who claims to be eligible to vote remittance to the Board of the total divided ownership arrangement shall be refused a ballot. assessments for which they are liable. involving totally independent entities (e) At the end of the voting period, The late payment will be imposed on cooperating only to produce pecans, in collect, open, number, and review the any assessments not received within 30 which more than one of the parties is a ballots and tabulate the results in the calendar days of the date when producer, shall be entitled to cast one presence of an agent of a third party assessments are due. This one-time late ballot in the referendum covering only authorized to monitor the referendum such producer’s share of the ownership. payment charge will be 5 percent of the (b) Proxy voting is not authorized, but process. assessments due before interest charges (f) Prepare a report on the referendum. have accrued. an officer or employee of a corporate (g) Announce the results to the public. producer or importer, or an (b) In addition to the late payment administrator, executor, or trustee or an § 1223.104 Subagents. charge, 1 percent per month interest on eligible entity may cast a ballot on The referendum agent may appoint the outstanding balance, including any behalf of such person. Any individual any individual or individuals necessary late payment and accrued interest, will so voting in a referendum shall certify or desirable to assist the agent in be added to any accounts for which that such individual is an officer or performing the referendum agent’s payment has not been received within employee of the eligible entity, or an functions listed in this subpart. Each 30 calendar days of the date when administrator, executive, or trustee of an individual so appointed may be assessments are due. Interest will eligible entity and that such individual authorized by the agent to perform any continue to accrue monthly until the has the authority to take such action. or all of the functions which, in the outstanding balance is paid to the Upon request of the referendum agent, absence of such appointment, shall be Board. the individual shall submit adequate performed by the agent. evidence of such authority. Bruce Summers, (c) All ballots are to be cast by mail, § 1223.105 Ballots. Administrator, Agricultural Marketing overnight delivery, electronic mail, The referendum agent and subagents Service. facsimile, or by other means as shall accept all ballots cast. However, if [FR Doc. 2020–19031 Filed 9–21–20; 8:45 am] instructed by the Secretary. the agent or subagent deems that a ballot BILLING CODE P

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Vol. 85 Tuesday, No. 184 September 22, 2020

Part III

The President

Notice of September 18, 2020—Continuation of the National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support Terrorism

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Federal Register Presidential Documents Vol. 85, No. 184

Tuesday, September 22, 2020

Title 3— Notice of September 18, 2020

The President Continuation of the National Emergency With Respect to Per- sons Who Commit, Threaten To Commit, or Support Ter- rorism

On September 23, 2001, by Executive Order 13224, the President declared a national emergency with respect to persons who commit, threaten to commit, or support terrorism, pursuant to the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks on September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks against United States nationals or the United States. On September 9, 2019, I signed Executive Order 13886 to strengthen and consolidate sanctions to combat the continuing threat posed by international terrorism and to take additional steps to deal with the national emergency declared in Executive Order 13224. The actions of persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13224 of September 23, 2001, as amended, and the measures adopted to deal with that emergency, must continue in effect beyond September 23, 2020. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism declared in Executive Order 13224, as amended.

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This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, September 18, 2020. [FR Doc. 2020–21059 Filed 9–21–20; 11:15 am] Billing code 3295–F0–P

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Reader Aids Federal Register Vol. 85, No. 184 Tuesday, September 22, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 905...... 55359 Presidential Documents 3 CFR 990...... 55363 Executive orders and proclamations 741–6000 Proclamations: 1210...... 56471 The United States Government Manual 741–6000 9705 (See Proc. 1710...... 57077 10064) ...... 54877 Other Services 1779...... 57077, 59388 9759 (See Proc. 1780...... 57077, 59388 Electronic and on-line services (voice) 741–6020 10064) ...... 54877 1783...... 57077 Privacy Act Compilation 741–6050 10064...... 54877 1942...... 57077 10065...... 55161 1980...... 57077 10066...... 55163 ELECTRONIC RESEARCH 3570...... 57077, 59388 10067...... 55165 3575...... 59388 World Wide Web 10068...... 55167 4274...... 57077 10069...... 56463 4279...... 57077, 59388 Full text of the daily Federal Register, CFR and other publications 10070...... 57663 4280...... 57077, 59388 is located at: www.govinfo.gov. 10071...... 59165 Proposed Rules: Federal Register information and research tools, including Public 10072...... 59167 959...... 55388 Inspection List and electronic text are located at: Executive Orders: 1222...... 54945 www.federalregister.gov. 13947...... 59171 1223...... 59610 Administrative Orders: E-mail Memorandums: 8 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic Memorandum of Proposed Rules: Mailing List) is an open e-mail service that provides subscribers September 20, 2013 1...... 56338 with a digital form of the Federal Register Table of Contents. The (revoked by 103...... 55597, 56338 digital form of the Federal Register Table of Contents includes Memorandum of 204...... 56338 207...... 56338 HTML and PDF links to the full text of each document. September 2, 2020) ...... 55585 208...... 56338 To join or leave, go to https://public.govdelivery.com/accounts/ Memorandum of 209...... 56338 USGPOOFR/subscriber/new, enter your email address, then August 29, 2020...... 54883 210...... 56338 follow the instructions to join, leave, or manage your Memorandum of 212...... 56338 subscription. September 2, 214...... 56338 PENS (Public Law Electronic Notification Service) is an e-mail 2020 ...... 55585 215...... 56338 service that notifies subscribers of recently enacted laws. Presidential 216...... 56338 235...... 55597, 56338 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Determinations: 236...... 56338 and select Join or leave the list (or change settings); then follow No. 2020–10 of 240...... 56338 the instructions. September 9, 2020 ...... 57075 244...... 56338 FEDREGTOC and PENS are mailing lists only. We cannot Notices: 245...... 56338 respond to specific inquiries. Notice of September 245a...... 56338 Reference questions. Send questions and comments about the 10, 2020 ...... 56467 264...... 56338 Federal Register system to: [email protected] Notice of September 287...... 56338 10, 2020 ...... 56469 316...... 56338 The Federal Register staff cannot interpret specific documents or Space Policy 333...... 56338 regulations. Directives: 335...... 56338 Space Policy 9 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER Directive—5...... 56155 93...... 57944 54233–54480...... 1 5 CFR Proposed Rules: 54481–54884...... 2 841...... 59377 2...... 57998 54885–55168...... 3 843...... 59378 3...... 57998 55169–55358...... 4 1600...... 57665 4...... 57998 55359–55586...... 8 1650...... 57665, 59173 352...... 56538 55587–55780...... 9 Proposed Rules: 354...... 56538 55781–56158...... 10 212...... 59207 412...... 56538 213...... 59207 56159–56470...... 11 10 CFR 56471–57076...... 14 302...... 59207 72...... 54885, 59395 57077–57664...... 15 316...... 56536 930...... 59207 429...... 56475 57665–57936...... 16 430...... 56475 57937–58250...... 17 7 CFR Proposed Rules: 58251–59172...... 18 Ch. XVIII ...... 59388 35...... 57148 59173–59376...... 21 1...... 55359 50...... 56548 59377–59642...... 22 9...... 59174, 59380 52...... 56548 205...... 57937 72...... 59447

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73...... 56548 202...... 57089 33 CFR 600...... 54742 429...... 58299 227...... 54483 1...... 58268 602...... 54742 430...... 56185, 57787 239...... 54483 2...... 58268 668...... 54742 431...... 57149 240...... 55082 3...... 58268 Proposed Rules: 270...... 57089 5...... 58268 Ch. III ...... 55802 12 CFR 276...... 55155 6...... 58268 36 CFR 3...... 57956 Proposed Rules: 8...... 58268 217...... 57956 23...... 59470 13...... 58268 1155...... 59187 261...... 57616 232...... 58018 17...... 58268 Proposed Rules: 324...... 57956 23...... 58268 214...... 54311 624...... 54233 18 CFR 25...... 58268 228...... 54311 701...... 56498, 57666 292...... 54638 26...... 58268 261...... 54311 Proposed Rules: 375...... 54638 27...... 58268 37 CFR 22...... 54946 Proposed Rules: 40...... 58268 208...... 54946 37...... 55201 45...... 58268 1...... 58282 339...... 54946 38...... 55201 50...... 58268 11...... 58282 614...... 54946, 55786 292...... 58300 51...... 58268 41...... 58282 615...... 55786 52...... 58268 42...... 58282 620...... 55786 19 CFR 55...... 58268 210...... 58114, 58160 628...... 55786 Ch. I ...... 57108 62...... 58268 Proposed Rules: 760...... 54946 360...... 56162 64...... 58268 210...... 58170 66...... 58268 Proposed Rules: 38 CFR 14 CFR 351...... 55801 67...... 58268 21...... 58251 70...... 58268 21...... 59190 23...... 59400 21 CFR 72...... 58268 Proposed Rules: 39 ...... 54481, 54885, 54888, 101...... 55587 74...... 58268 3...... 56189 54891, 54893, 54896, 54900, 514...... 59427 76...... 58268 80...... 58268 39 CFR 55169, 55171, 55781, 56159, Proposed Rules: 551...... 55192 56161, 57666, 57668, 57671, 300...... 55802 82...... 58268 83...... 58268 57965, 59175, 59178, 59180, 866...... 58300 Proposed Rules: 59404, 59406, 59409, 59411, 100...... 54494, 58268 111...... 59484 59413, 59416 24 CFR 101...... 58268 3050...... 56192 103...... 58268 71 ...... 54233, 55174, 55366, Proposed Rules: 104...... 58268 40 CFR 55368, 55369, 55371, 56514, 887...... 59234 105...... 58268 9...... 57968 57085, 57086, 57088, 57673, 984...... 59234 57674 106...... 58268 52 ...... 54504, 54507, 54509, 73...... 57675 26 CFR 107...... 58268 54510, 54924, 56521, 57694, 109...... 58268 57696, 57698, 57700, 57701, 91...... 55372 1 ...... 55185, 56686, 58266, 114...... 58268 57703, 57707, 57712, 57714, 93...... 58255, 58258 59428 95...... 55174 115...... 58268 57721, 57723, 57727, 57729, Proposed Rules: 117 ...... 54496, 56516, 57691, 57731, 57733, 57736, 58283, 97 ...... 54902, 54909, 58260, 1 ...... 56846, 58307, 59481 58262 58268 58286, 59192, 59194, 59436 118...... 58268 55...... 55377 Proposed Rules: 27 CFR 125...... 58268 60 ...... 57018, 57398, 57739 25...... 55198 9...... 54491 126...... 58268 61...... 57739 39 ...... 54286, 54515, 55388, 127...... 58268 63 ...... 55744, 56080, 57739 55391, 55619, 55622, 55624, 29 CFR 143...... 58268 81 ...... 57733, 57736, 58286 57165, 57168, 57799, 57802, 826...... 57677 145...... 58268 141...... 54235 57804, 58002, 58004, 58007, 1926...... 57109 146...... 58268 143...... 54235 58010, 58014, 59217, 59449, 2520...... 59132 148...... 58268 180 ...... 54259, 54927, 55193, 59451, 59454, 59457, 59460 4022...... 57123 149...... 58268 55380, 57746, 57750 71 ...... 55200, 55395, 55627, 4044...... 57123 150...... 58268 281...... 57754 57170, 57806, 59220, 59463, Proposed Rules: 151...... 58268 282...... 56172 59465 2509...... 55219 153...... 58268 300...... 54931 2510...... 54288 15 CFR 154...... 58268 721...... 57756, 57968 2550...... 55219 155...... 58268 743...... 56294 Proposed Rules: 4022...... 55587 156...... 58268 49...... 55628 744...... 59419 160...... 58268 52 ...... 54947, 54952, 54954, 772...... 56294 31 CFR 161...... 58268 54960, 54961, 56193, 56196, 774...... 56294 501...... 54911 162...... 58268 56198, 57810, 58310, 58315, Proposed Rules: 800...... 57124 164...... 58268 58319, 58320, 59256, 59486 30...... 58016 1010...... 57129 165 ...... 54497, 54499, 54501, 60...... 57815 1020...... 57129 55190, 56517, 56519, 58268 16 CFR 61...... 57815 Proposed Rules: 166...... 58268 63...... 57815 1450...... 58263 1...... 58308 167...... 58268 81...... 54517 Proposed Rules: Ch. X...... 58023 169...... 58268 131...... 54967 641...... 57172 177...... 58268 32 CFR 180...... 55810 642...... 59226 Proposed Rules: 271...... 56200 680...... 59466 105...... 57967 Ch. II ...... 57298 282...... 56207 698...... 59226 143...... 56172 117...... 57808 300...... 54970 199...... 54914 165 ...... 54946, 56186, 57175, 17 CFR 204...... 55783 59254 41 CFR 1...... 57462 217...... 55783 201...... 54263 23...... 56924, 57462 327...... 57967 34 CFR 140...... 57462 Proposed Rules: Ch. III ...... 57693 42 CFR 200...... 57089 553...... 57640 Ch. VI...... 57138 9...... 54271

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71...... 56424 43 CFR 27...... 57765, 57980 50 CFR 121...... 59438 Proposed Rules: 52...... 57767 17...... 54281 54...... 56528, 59196 402...... 55385 3170...... 55940 216...... 58297 403...... 55385 64...... 56530 44 CFR 223...... 59198 405...... 58432 73...... 58295 101...... 57980 300...... 58297 410...... 54820 64...... 55196, 58294 Proposed Rules: 600...... 56177, 59199 411...... 55385 45 CFR 1 ...... 54523, 56549, 58032 622 ...... 54513, 54942, 54943, 412...... 55385, 58432 1173...... 56525 2...... 56549 55592, 57982 413...... 54820, 58432 Proposed Rules: 64...... 59110 635...... 57783, 59445 414...... 54820, 57980 648 ...... 54514, 55595, 56534, 302...... 58029 48 CFR 417...... 58432 57785, 57986 422...... 54820, 55385 46 CFR Proposed Rules: 660...... 55784 423...... 54820, 55385 1...... 57757, 58268 1...... 56549, 57177 665...... 57988 7...... 56549 460...... 55385 2...... 58268 679 ...... 54285, 55595, 57785, 12...... 56558 476...... 58432 4...... 58268 57786, 58298, 59204, 59205, 480...... 58432 7...... 58268 25...... 56549, 56558 44...... 56549 59206 482...... 54820 8...... 58268 52 ...... 56549, 56558, 57177 Proposed Rules: 483...... 54820, 55385 16...... 58268 28...... 58268 227...... 59258 17 ...... 54339, 55398, 57578, 484...... 58432 30...... 58268 252...... 59258 57816, 58192, 58224, 59487 485...... 54820 35...... 58268 229...... 59258 49 CFR 488...... 54820, 55385 39...... 58268 300...... 58321 493...... 54820, 55385 68...... 58268 Ch. XII...... 57108 600...... 56569 495...... 58432 543...... 55386 660...... 54529 47 CFR Proposed Rules: 571...... 54273 665...... 56208 1244...... 54936 Ch. I ...... 56108 1...... 57980 679...... 55243, 58322 2...... 57980 Proposed Rules 405...... 54327 680...... 55243 25...... 57980 571...... 55396

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